[HISTORY: Adopted by the Board of Health of the Township
of East Amwell 11-19-2013 by Ord.
No. 13-01BH.[1] Amendments noted where applicable.]
[1]
Editor's Note: This ordinance also repealed former Ch. 152,
Food Establishments, adopted 11-20-1984 by Ord. No. 84-05BH, as amended.
A code regulating retail food establishments and food and beverage
vending machines, the issuance of permits and providing penalties
for the violation of thereof, is hereby adopted pursuant to P.L. 1950,
c. 188 (N.J.S.A. 26:3-64).
The said code established and adopted by this chapter is described
and commonly known as the "Sanitation in Retail Food Establishments
and Food and Beverage Vending Machines Code of New Jersey" (N.J.A.C.
8:24-1.1 et seq.), and amendments hereto, hereinafter referred to
as the "code."
[Added 10-25-2022 by Ord. No. 22-01BH[1]]
For the purpose of this chapter, the following words, phrases,
names, and terms shall have the following meanings unless the context
clearly indicates otherwise:
As used in this chapter, the officer or office designated
by the Township to carry out inspections required hereunder.
A retail outlet normally owned and operated by a producer
or farm unit located on-farm or off-farm selling mainly products produced
by the farm, directly to the consumer.
A guest house that prepares and offers food to guests, if
the home is owner-occupied and breakfast is the only meal offered.
An established area where several farmers/growers gather
on a regular, recurring basis to sell a variety of fresh fruits and
vegetables as well as other farm products directly to the consumer.
An operation larger than five acres that must annually engage
in agricultural or horticultural production worth at least $2,500
and be eligible for differential property taxation under farmland
assessment. For farms smaller than five acres, the annual production
requirement is a minimum of $50,000, and the farm must satisfy eligibility
requirements for farmland assessment, other than the farm size requirement.
A commercial farm can also be a beekeeping operation that produces
apiary-related products or provides crop pollination services worth
at least $10,000 annually. A commercial farm may comprise multiple
parcels, whether contiguous or noncontiguous, provided they are operated
together as a single enterprise. This is the farm's "farm management
unit."
The farm (as of December 31, 1997, or thereafter) must be located
in an area in which agriculture is a permitted use under the municipal
Zoning Ordinance and is consistent with the municipal Master Plan.
If the commercial farm was in operation on the effective date of the
1998 amendments to the Right to Farm Act (July 2, 1998);[3] however, this Zoning Ordinance/Master Plan requirement
does not need to be met.
The farmer must conduct his or her operation, or a specific
agricultural activity at issue, in compliance with the standards contained
in agricultural management practices that have been promulgated by
the SADC, or with generally accepted agricultural practices.
The operation must be in compliance with relevant state and
federal statutes and rules.
Food that does not require time and/or temperature control
for safety to limit pathogenic microorganism growth or toxin formation
that a cottage food operator prepares and includes:
Baked goods, including bread, rolls, biscuits, cakes, cupcakes,
pastries, and cookies;
Candy, including brittle and toffee;
Chocolate-covered nuts and dried fruit;
Dried fruit;
Dried herbs and seasonings, and mixtures thereof;
Dried pasta;
Dry baking mix;
Fruit jams, fruit jellies, and fruit preserves;
Fruit pies, fruit empanadas, and fruit tamales (excluding pumpkin);
Fudge;
Granola, cereal, and trail mix;
Honey and sweet sorghum syrup;
Nuts and nut mixtures;
Nut butters;
Popcorn and caramel corn;
Roasted coffee and dried tea;
Vinegar and mustard;
Waffle cones and pizzelles; and
Upon written application to the Public Health and Food Protection
Program, other non-TCS food.
A person who holds a New Jersey Cottage Food Operator Permit
issued pursuant to N.J.A.C. 8:24-11.1 et seq.
A tract of land devoted primarily to agricultural purposes.
Commercially prepared, prepackaged foods or food supplies
that can be safely stored at room temperature. Examples include: flour,
sugar, bottled jams and preserves, candy bars, canned meats and vegetables,
and bottled beverages.
Any movable restaurant, van, truck, trailer, cart, bicycle,
watercraft, or other movable unit including hand-carried portable
containers, in or on which food or beverage is transported, stored,
or prepared for retail sale or given away at temporary locations.
A food that is natural or synthetic and requires temperature
control because it is in a form capable of supporting:
Potentially hazardous food includes an animal food (a food of animal origin) that is raw or heat-treated; a food of plant origin that is heat-treated or consists of raw seed sprouts, cut melons, or garlic and oil mixtures that are not acidified or otherwise modified at a food processing plant in a way that results in mixtures that do not support growth as specified under Subsection A of this definition.
An operation that stores, prepares, packages, serves, vends,
or otherwise provides food for human consumption, and as further defined
in N.J.A.C. 8:24-1.5.
A retail food establishment that operates for a period of
no more than 14 consecutive days in conjunction with a single event
or celebration.
A.Â
No person, persons, firms or corporations shall operate a retail
food establishment or food or beverage vending machines until the
same is inspected and deemed in compliance with the code and a permit
for the operation has been issued by the Board of Health. Cottage
food operators issued a permit by the State of New Jersey pursuant
to N.J.A.C. 8:24-11.1 et seq. and distributing cottage food products
at a mobile retail food establishment, a temporary retail food establishment,
or an agricultural farm market shall be required to obtain the requisite
permit and the required fee hereunder. However, home kitchens utilized
by cottage food operators are not subject to inspections as set forth
in N.J.A.C. 8:24-11.2.
[Amended 10-25-2022 by Ord. No. 22-01BH]
B.Â
The Board of Health shall issue permits for the calendar year from
January 1 through December 31 of the year requested. Mobile retail
food establishments as well as those requesting a temporary food license
must submit the appropriate application, fully completed and with
payment, no less than seven days prior to either their first event
or the event date on the application, whichever is sooner. Late applications
will not be accepted.
[Amended 12-18-2018 by Ord. No. 18-01BH]
C.Â
All inspections shall be under the jurisdiction of the Township's
administrative agent.
[Amended 10-25-2022 by Ord. No. 22-01BH]
[Amended 8-19-2014 by Ord. No. 14-01BH; 12-18-2018 by Ord. No. 18-01BH; 6-13-2019 by Ord. No. 19-08; 10-25-2022 by Ord. No. 22-01BH]
A.Â
Permanent and mobile food establishments. Licenses are effective
for one year, commencing on January 1, and may be renewed for succeeding
years. Licenses are not transferable. There are five categories of
regular establishments with varying fees. The categories are described
below, and the fees are listed in Table 1:
(1)Â
Category 1: Newsstands, pharmacies and other establishments handling
commercially prepared, prepackaged, non-potentially hazardous foods
as an incidental part of their business.
(2)Â
Category 2: An agricultural farm market that sells, in addition to
whole uncut produce, potentially hazardous products such as: milk,
cheeses, farm-raised poultry (fresh or frozen), farm-raised meat (fresh
or frozen), cider and other commercially prepared foods and grocery
food items that account for 50% or more of the sales area.
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NOTE 1: Agricultural markets offering for sale only whole uncut
produce are not subject to inspection or licensing.
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(3)Â
Category 3: Mobile retail food establishments, which include vans, trailers, trucks, carts and similar vehicles in which food and/or beverages are stored and/or prepared and dispensed to the public. These units must satisfy the design criteria outlined in N.J.A.C. 8:24, Chapter 24, Subchapters 4, 5 and 6.
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NOTE 2: Mobile food establishments shall be permitted at the
following locations within East Amwell Township: Hunterdon County
South County Park; the field behind the Amwell Valley Fire Company
building on John Ringo Road; the vineyard on B17 L 16.03; the vineyard
on B 32 L 1; and events authorized in compliance with Chapter 106-4.P.
at Clawson House and Clawson Park on B14 L 15. Any commercial farm
may also be approved pending review of the site and the planned activity.
This license is effective for one year, commencing on January 1, and
covers all appearances of a mobile food establishment at permitted
locations named above during the year. A mobile food establishment
with limited appearances may choose to apply for a temporary retail
food license as specified in the Subsection B, below.
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(4)Â
Category 4: All other retail food establishments.
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NOTE 3: A bed-and-breakfast as defined in this Code is not included
as a retail food establishment.
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(5)Â
Category
5: Temporary food establishments. For temporary retail food establishments
operating for not more than three consecutive days, the fee will be
$100. For temporary retail food establishments operating for four
or more consecutive days to a maximum of 14 days, the fee will be
$150. The fee shall be waived for all nonprofit organizations which
provide written proof of federal tax exemption pursuant to Section
501(c)(3) of the Internal Revenue Code.
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Table 1
Fees
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|---|---|
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Category
|
Fee
|
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1
|
$125
|
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2
|
$125
|
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3
|
$225
|
|
4
|
$225
|
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5 (not more than 3 consecutive days)
|
$100
|
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5 (4 to maximum 14 days)
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$150
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A.Â
Any person or persons, firm or corporation violating any of the provisions
of or any order promulgated under this chapter or the code shall,
upon conviction thereof, pay a penalty of not more than $500 nor less
than $5 for each violation.
B.Â
Each day a particular violation continues shall constitute a separate
offense.
If any provision of this chapter or the application thereof
to any person or circumstance is held invalid, such invalidity shall
not affect other provisions or applications, and to this end, the
provisions of the chapter are declared to be severable.
