[HISTORY: Adopted by the Board of Health of the Borough of Hillsdale: Art. I, 11-26-1991 as Ord. No. 91-2; Art. II, 5-2-1995 by Ord. No. 95-2. Amendments noted where applicable.]
GENERAL REFERENCES
Board of Health — See Ch. 35.
Fees — See Ch. 335.
[Adopted 11-26-1991 by Ord. No. 91-2]
[Amended 11-12-1996 by Ord. No. 96-2]
As used in this article, the following terms shall have the meanings indicated:
AGRICULTURAL MARKETS/FARM STANDS
Any fixed or mobile retail food establishment which is engaged in the sale of raw agricultural products, but may include as a minor portion of the operation the sale of factory sealed or prepackaged food products that do not normally require refrigeration.
FOOD
Any raw, cooked or processed edible substance, beverage or ingredient used or intended for use or for sale in whole or part for human consumption.
FOOD PROCESSING ESTABLISHMENT
A commercial establishment in which food is processed and packaged for human consumption.
HEALTH AUTHORITY
The properly appointed agent of the local Board of Health to act in the enforcement of its ordinances and sanitary laws of the state.
MOBILE RETAIL ESTABLISHMENTS
Any movable restaurant, truck, van, trailer, cart, bicycle or other movable unit, including hand carried, portable containers in or on which food or beverage is transported.
RETAIL FOOD ESTABLISHMENTS
Any fixed or mobile restaurant, coffee shop, cafeteria, short-order cafe, luncheonette, grill, tearoom, sandwich shop, snack/juice bar, soda fountain, tavern, bar, cocktail lounge, nightclub, roadside stand, industrial feeding establishment, private, public or nonprofit organization or institution serving food, catering kitchen, commissary, box lunch establishment, retail bakery, bagelry, meat market, delicatessen, grocery store, public food market or similar place in which food or drink is prepared for retail sale or for service on the premises or elsewhere and in any other retail eating or drinking establishment or operation where food is served, handled or provided for the public with or without charge.
TEMPORARY FOOD ESTABLISHMENT
Any retail establishment which operates at a fixed location for a temporary period of time in connection with a fair, carnival, circus, public exhibition or similar transitory gathering, including church suppers, picnics or similar organizational meetings, mobile retail food establishments, as well as agricultural markets.
WHOLESALE FOOD ESTABLISHMENT
Any fixed or mobile food or drink processing or food or drink establishment, including roadside stands, industrial feeding or preparation establishments, private, public or nonprofit organization or institution serving or preparing food, catering kitchens, commissary and box lunch establishments, food or drink warehouses, bakeries, meat markets, delicatessens, grocery stores, public and private food markets or similar places where food is prepared, stored or sold at wholesale and any other food or drink establishment selling to the public at wholesale.
[Amended 11-12-1996 by Ord. No. 96-2]
A. 
No person, persons or body corporations shall process, manufacture, have, warehouse, offer for sale or sell articles of food or drink within the limits of the Borough of Hillsdale without having first obtained a license or permit from the Board of Health of the Borough of Hillsdale.
B. 
The following businesses and enterprises conducted with the Borough of Hillsdale shall be required to secure a license to operate and shall pay the appropriate fee as set forth. An establishment which fails to obtain a renewal of an establishment license in the month of January in any calendar year for previously licensed establishments, and failure to obtain a retail food license before a new establishment opens for business, a late fee of 50% of their annual license fee will be administratively imposed.
The Board of Health reserves the right to waive any required licensing fee for whatever reason it deems appropriate.
Licenses issued or approved under the provisions of this article shall expire annually on December 31 of each year, and application for renewal thereof shall be submitted, together with the required fee prior to December 1 of each year.
This article shall be enforced by the Health Officer or his or her delegated representative.
[Amended 6-3-1997 by Ord. No. 97-2]
Any person, persons or body corporation or anyone required to have a license as set forth in § 339-2A failing to have a license or permit shall be in violation of this article and shall be subject to a fine of not more than five hundred dollars ($500.) but not less than five dollars ($5.) for each day the violation exists.
[Adopted 5-2-1995 by Ord. No. 95-2]
The Board of Health shall order the Health Officer to conduct a food handlers course training program once a year. The Board may order additional courses to address specific problems, complaints or continued violations of a sanitary nature. All courses shall be in compliance with current New Jersey State Department of Health guidelines for food course training.
All retail food establishments are required to maintain in their employ at least the specified number of food handler personnel who have attended an approved course of instruction for food handler training. Personnel required to attend shall be food service workers who are directly engaged in delivery, storage, processing and service of food product. Owners and managers shall notify the Health Department when they are no longer in compliance with the required number of course attendees. Records are to be kept of those who have attended approved courses. Duration of certification shall be two years from the date of course completion.
Establishments shall provide personnel to an approved food handler course training program in the following manner:
A. 
Take-out and miscellaneous establishments: one person per shift.
B. 
Restaurants of 49 seats and below: one person per shift.
C. 
Restaurants of 50 seats and above: two persons per shift.
D. 
Supermarkets: one store manager and one person from each department per shift.
E. 
Hotels/motels: one person from each food handling department or restaurant per shift.
Any establishment not in compliance with any provision of this article shall be subject to fines and costs per offense as follows:
A. 
First offense: $50 and costs.
B. 
Second offense: $100 and costs.
C. 
Third and each consecutive offense: $200 and costs.
The Board of Heath may suspend the retail food establishment license of any person, partnership, corporation or establishment in violation of this article for a period not more than three days, pursuant to the authority of the Board of Health to license and regulate food establishments as provided by N.J.S.A. 26:3-31c.