[HISTORY: Adopted by the Township Council of the Township
of Pequannock 7-22-1997 as Ch.
088 of the 1997 Code. Amendments noted where applicable.]
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Pursuant to N.J.S.A. 26:1A-7 et seq. there is hereby adopted
by reference N.J.A.C. 8:24, Sanitation in Retail Food Establishments
and Food and Beverage Vending Machines.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
No person shall operate a retail food establishment or food
and beverage vending machine unless a license to operate the same
shall have been issued by the Department of Health. Such license shall
be posted in a conspicuous place in such establishment.
[Amended 9-25-2001 by Ord. No. 2001-19; 5-27-2003 by Ord. No. 2003-21; 4-27-2010 by Ord. No. 2010-08; 10-8-2013 by Ord. No. 2013-20]
A.
MOBILE FOOD AND DRINK
NONPROFIT
RISK TYPE 1 FOOD ESTABLISHMENT
RISK TYPE 2 FOOD ESTABLISHMENT
(1)
(a)
(b)
(c)
(2)
RISK TYPE 3 FOOD ESTABLISHMENT
(1)
(a)
(b)
(2)
RISK TYPE 4 FOOD ESTABLISHMENT
TEMPORARY RETAIL FOOD ESTABLISHMENT
VENDING MACHINE
Definitions. As used in this chapter,
the following terms shall have the meanings indicated:
Any motor vehicle or any vehicle, cart or bicycle of any
kind, including hand-carried portable containers, in which food or
drink is transported, stored or prepared at temporary locations.
Any food establishment which has been provided with a federal
Internal Revenue Service tax exemption number and prepares or handles
food and drink and serves to the general public and any school food
establishment operated by employees of a board of education.
Any retail food establishment that has a limited menu and:
Prepares, cooks, and serves most products immediately;
Exercises hot and cold holding of potentially hazardous foods
after preparation or cooking; or
Limits the complex preparation of potentially hazardous foods,
including the cooking, cooling, and reheating for hot holding, to
two or fewer items.
Such retail establishments may include, but are not limited
to, retail food store operations, schools that do not serve a highly
susceptible population, and quick-service operations, depending on
the menu and preparation procedures.
Any retail food establishment that:
Has an extensive menu which requires the handling of raw ingredients
and is involved in the complex preparation of menu items that includes
the cooking, cooling, and reheating of at least three or more potentially
hazardous foods; or
Prepares and serves potentially hazardous foods, including the
extensive handling of raw ingredients, and whose primary service population
is a highly susceptible population.
Such establishments may include, but are not limited to, full-service
restaurants, diners, commissaries, and catering operations, or hospitals,
nursing homes, and preschools preparing and serving potentially hazardous
foods.
A retail food establishment that conducts specialized processes
such as smoking, curing, canning, bottling, acidification designed
to control pathogen proliferation, or any reduced-oxygen packaging
intended for extended shelf life where such activities may require
the assistance of a trained food technologist. Such establishments
include those establishments conducting specialized processing at
retail.
Any food establishment which operates at a fixed location
for a temporary period of time not to exceed seven days in connection
with a fair, carnival, circus, public exhibition or similar organizational
meetings, mobile retail food establishments as well as agricultural
markets.
Any self-service device which, upon insertion of a coin,
paper currency, token, card, key or by any other means, dispenses
unit servings of food, either in bulk or in packages, without the
necessity of replenishing the device between each vending operation.
Licenses issued pursuant to this chapter shall expire annually
on December 31 of each year, and the fee therefor shall not be prorated
from the date of issuance. Applications for renewal thereof shall
be submitted, together with the required fee, prior to December 15
of each year.
Licenses issued pursuant to this chapter shall not be transferable,
nor shall they be construed as authorizing the licensee or licensees
to carry on the business at any place other than that specified in
the license itself.
Licenses issued pursuant to this chapter may be revoked by the
Township Board of Health for any good or sufficient reason, provided
that due notice thereof shall be given to the licensee and a hearing
held before the Board of Health, at which time an opportunity shall
be afforded the licensee to show cause why the license should not
be revoked.
[Added 10-8-2013 by Ord.
No. 2013-20]
A.
Certificate
required. Any person engaged or employed in the business or service
of preparing, processing or serving food or drink intended for human
consumption at Risk Type 2, 3, or 4 food establishments shall apply
to the Pequannock Township Health Department within seven days of
the commencement of his said employment for a food handler's certificate.
Applicants will be required to attend the next regularly scheduled
food handler's training course given by the Township's Health Department
or a comparable course approved by the Township Health Department.
Existing employees shall have six months from enactment of this section
to attain a food handler's certificate.
B.
Course
of instruction required. The food handler's certificate shall not
be issued or granted to any person unless the person seeking such
food handler's certificate shall have first completed a course of
general instruction in health education, sanitation, personal hygiene,
food protection, dishwashing procedures and other related health matters.
C.
Records
of employees to be maintained by employer. All employers engaged in
the business or service of preparing and processing food intended
for human consumption shall at all times keep and maintain accurate
records of the name and address of each employee, date of employment
and date of issuance and certificate number of said food handler's
certificate, which records shall be available at all times for inspection
by the Health Officer or his duly authorized representatives.
D.
Employment
of persons without certificates prohibited. No employer shall continue
to employ any person in connection with the preparation, processing
or service of food and drink intended for human consumption at a retail
level unless the person so employed shall have applied for and obtained
a food handler's certificate within the period as specified in this
section.
E.
Renewal
of certificates. All food handlers' certificates shall be renewed
every two years after completion of a food handler's course as identified
in this section.
F.
Exemptions.
The requirement for a food handler's certificate shall not apply to
a temporary retail food establishment; any employee who is a certified
food protection manager as recognized by the Conference for Food Protection;
or persons engaging in food handler's activities on behalf of nonprofit
institutions, churches or other charitable organizations unless said
food handling activities are conducted on a regular basis.
[Added 4-14-2015 by Ord.
No. 2015-03]
Every establishment must post the most recent evaluation placard
according to the following requirements:
