[HISTORY: Adopted by the Board of Health of the Township of East Amwell 11-19-2013 by Ord. No. 13-01BH. Amendments noted where applicable.]
Editor's Note: This ordinance also repealed former Ch. 152, Food Establishments, adopted 11-20-1984 by Ord.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."
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.
The Board of Health shall issue permits for the calendar year from January 1 through December 31 of the year requested.
All inspections shall be under the jurisdiction of the Township Health Officer.
[Amended 8-19-2014 by Ord. No. 14-01BH]
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 transferrable. There are four categories of regular establishments with varying fees, as described below:
Category 1: Newsstands, pharmacies and other establishments handling commercially prepared, prepackaged, nonpotentially hazardous foods as an incidental part of their business: $125.
Category 2: An agricultural farm market that sells, in addition to whole uncut produce, potential 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: $125. Potential hazardous foods are those requiring temperature control that prevents bacterial growth for safe storage and handling. Grocery items are those commercially prepared, prepackaged foods or food supplies that can be safely stored at room temperature: canned, bottled or dried goods, e.g.
NOTE: A bed-and-breakfast homestay as defined at N.J.A.C. 5:70-1.5, that prepares and offers food to guests, if it is homeowner occupied, and breakfast is the only meal offered, by code, is not included as a "retail food establishment." Agricultural markets offering for sale only whole uncut produce are not subject to inspection or licensing.
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: $225.
NOTE: Mobile food establishments shall be permitted at only four 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 B 17 L 14.02, and the vineyard on B 32 L 1. This license is effective for one year, commencing on January 1, and covers all appearances of a mobile food establishment at either location during the year. A mobile food establishment with limited appearances may choose to apply for a temporary retail food license as specified in Subsection B, below.
Category 4: All other retail food establishments: $225.
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.
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.
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.