A code regulating retail food establishments and fixing penalties
for violations is hereby established pursuant to N.J.S.A. 26:3-69.1
to 26:3-69.6. A copy of said code is annexed hereto and made a part
hereof without the inclusion of the text thereof herein.
The said code established and adopted by this chapter is described
and commonly known as N.J.A.C. 8:24-1.1 et seq., Chapter 24 of the
New Jersey State Sanitary Code, "Sanitation in Retail Food Establishments
and Food and Beverage Vending Machines."
Three copies of the said Sanitation in Retail Food Establishments
and Food and Beverage Vending Machines Code have been placed on file
in the office of the Secretary of the Board of Health for Sandyston
Township for examination and use by the public. Printed copies of
the code and this chapter shall be available to citizens upon request
for a charge to be established by the municipality.
Any person who violates any provision of or order promulgated
under this article or code established herein shall, upon conviction
thereof, be liable to a penalty, as set forth in Title 26 "Health
and Vital Statistics," N.J.S.A. 26:1A-10, of not less than $50 nor
more than $1,000 for each violation. Each day a particular violation
continues shall constitute a separate offense.
The definitions listed below are per N.J.A.C. 8:24-1.1 et seq.,
Chapter 24 of the New Jersey State Sanitary Code, "Sanitation in Retail
Food Establishments and food and Beverage Vending Machines."
CERTIFIED FOOD PROTECTION MANAGER
At least one person in charge in Risk Type 3, as defined
in Chapter 24, Food Establishments, shall be a certified food protection
manager who has shown proficiency of required information through
obtaining a food safety certificate by passing a food safety certification
examination administered by an accredited certifying program recognized
by the Conference of Food Protection.
FOOD EMPLOYEE
An individual working with unpackaged food, food equipment
or utensils, or food-contact supplies.
FOOD ESTABLISHMENT "OPERATOR"
The entity that is legally responsible for the operation
of the retail food establishment such as the owner, the owner's
agent, or other person.
FOOD SERVICE MANAGER/PERSON IN CHARGE
Any person responsible for the immediate supervision of food
handlers and other workers involved in the operation and sanitary
maintenance of a retail food establishment. The person in charge shall
demonstrate knowledge of foodborne disease prevention and the requirements
of Chapter 24. In an establishment having no employees or a single
employee, the "food service manager" is the food establishment operator
or the single employee.
HEALTH AUTHORITY
The duly licensed agent of the local board of health and/or
State Department of Health and Senior Services to act in the enforcement
of its ordinances and sanitary laws of the State.
RETAIL FOOD ESTABLISHMENT
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; 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 any other retail
eating or drinking establishment or operation where food is served,
handled or provided for the public.
RISK
The likelihood that an adverse health effect will occur within
a population as a result of a hazard in a food.
The responsibilities of persons in charge are set forth in N.J.A.C.
8:24-2.1 et seq., Chapter 24 of the New Jersey State Sanitary Code,
"Sanitation in Retail Food Establishments and food and Beverage Vending
Machines," and include but are not limited to the training of food
employees under their supervision in the basics of food sanitation.
No provision of this article shall be applied so as to impose
any unlawful burden on either interstate commerce or any activity
of the state or federal government.