The provisions of N.J.A.C. 8:24-1.1 et seq., Sanitation in Retail
Food Establishments and Food and Beverage Vending Machines, is enforced
in the Town of Newton.
A.
FOOD ESTABLISHMENT OPERATOR
FOOD HANDLER
FOOD SERVICE MANAGER
RETAIL FOOD ESTABLISHMENT
Definitions. As used in this article, the following terms shall have
the meanings indicated:
The individual proprietor or the agent of the partnership,
corporation, firm or organization directly responsible for the overall
management of a retail food establishment.
Any person, whether employer or employee, who handles food
or drink during preparation or serving or who comes in contact with
any eating, drinking or cooking utensil or who works in a room in
which food or drink is prepared or served.
Any person responsible for the immediate supervision or food
handlers and other workers involved in the sanitary maintenance of
a retail food establishment. In an establishment having no employees
or a single employee, the food service manager is the food establishment
operator or the single employee.
Any fixed or mobile restaurant, coffee shop, cafeteria, short-order
cafe, luncheonette, grill, tearoom, sandwich shop, soda fountain,
tavern, bar, cocktail lounge, nightclub, roadside stand, industrial
feeding establishment, public organization or institution serving
food, catering kitchen, commissary, box lunch establishment, retail
bakery, meat market, or similar place in which food or drink is prepared
for retail sale or for services on the premises or elsewhere, and
any other retail eating or drinking establishment or operation where
food is served, handled or provided for the public.
B.
Certified manager required; exceptions.
(1)
The staff of every retail food establishment shall include at least
one certified food service manager. A certified food service manager
must be present during preparation of food. An establishment shall
not be issued a retail food establishment license unless its staff
includes a certified food service manager.
(2)
The following types of retail food establishments are specifically
exempt from the provisions of this article:
C.
Certification requirements.
(2)
A person seeking certification as a food service manager shall make
application for certification to the secretary of the Board of Health
on forms provided by the secretary of the Board of Health prior to
assuming duties as a food service manager.
(3)
Upon the filing of an application with the secretary of the Board
of Health, the name of the applicant shall be placed on a temporary
certification register. Such temporary certification shall be valid
until the next scheduled approved course and examination are offered.
(4)
The Board of Health may waive the requirements of an approved course
and examination and may certify a food service manager holding a current
certification from another agency with substantially equivalent standards.
D.
Expiration and renewal of certificate.
(1)
Certification as a food service manager shall expire on January 31
of each year unless extended or earlier terminated as hereinafter
stated.
(2)
Certification as a food service manager may be renewed upon application
made on forms provided by the secretary of the Board of Health at
least 30 days prior to expiration. The requirements for such certification
renewal shall be the same as for initial certification, except that
an applicant for certification renewal may request that the course
requirements be waived. If the Board of Health shall grant such waiver,
certification shall be renewed upon the applicant's successful
completion of an approved written examination.
(3)
After a food service manager has renewed certification twice, prior
to subsequent renewals, the food service manager shall be required
to retake the food service manager's training course.
E.
Causes for terminating certificate.
(1)
The Board of Health shall, from time to time, cause inspections to
be conducted and/or samples to be collected to determine an establishment's
compliance with Chapter 12 of the New Jersey State Sanitary Code.
(2)
The certification of all food service managers employed in the establishment
shall terminate forthwith if inspection results in the following:
(3)
The reinstatement of certification as a food service manager shall
require compliance with the requirements of initial certification
as a certified food service manager.
F.
Training of food handlers.
(1)
Certified food service managers shall be responsible for training
food handlers under their supervision in the basics of food sanitation.
Food establishment operators shall be responsible for assuring that
organized training activities are conducted for the training of all
food handlers employed by the retail food establishment.
(2)
The Board of Health, upon its option, shall monitor training activities
conducted by the retail food establishment and shall, where practicable,
assist food service managers and food establishment operators in developing
an effective food handler's training program.
