City of Clifton, NJ
Passaic County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Municipal Council of the City of Clifton 12-20-1960 by Ord. No. 3319 as Article 12 of Chapter 18 of the Revised Ordinances of the City of Clifton, New Jersey, 1960. Amendments noted where applicable.]
GENERAL REFERENCES
Foodstuffs — See Ch. 247.
Meats — See Ch. 311.
Milk and milk products — See Ch. 315.
Restaurants — See Ch. 367.

§ 245-1 Definitions.

[Amended 7-19-1977 by Ord. No. 4417-77]
As used in this chapter, the following terms shall have the meanings indicated:
APPROVED
Any article of food or drink, a source of food or drink, a method, a device or a piece of equipment which meets the requirements of the City Health Department or the State Department of Health.
EMPLOYEE
Any person who handles or comes in contact with food or drink or who is employed in a room in which food or drink is prepared, and includes the term "person" as hereinafter further defined.
ENFORCING OFFICIAL
The Health Officer of the City, or other official possessing a license issued by the State Department of Health under the provisions of N.J.S.A. 26:1A-41 who is designated by the City Health Department to enforce this chapter, except plumbing inspectors and public health laboratory technicians.
FOOD MANUFACTURER
Includes only those wholesale businesses where food is actually produced and/or manufactured.
PERSON
Includes any individual, firm, corporation, association, society, partnership and their agents or employees.
RETAIL FOOD-HANDLING ESTABLISHMENT
Includes bakeries, meat markets, delicatessens, grocery stores, candy kitchens, fruit and vegetable stands, retail fish and vegetable vehicles, meat processors and any other place in which food is handled, prepared or stored for public consumption, distribution or sale.
WHOLESALE FOOD-HANDLING ESTABLISHMENT
Includes all food manufacturers as defined hereinabove and any establishment which prepares, produces or manufactures food to be sold to a retail food-handling establishment for public consumption.

§ 245-2 Examination of samples.

A. 
The enforcing official may take and examine samples of food, drink and other substances as often as he deems necessary for the detection of unwholesomeness, adulteration or contamination. At the time such samples are taken, a receipt shall be delivered to the person in charge of the retail food-handling establishment.
B. 
The enforcing official may forbid the sale or use of any food or drink which is, or is suspected of being, unwholesome, adulterated or contaminated.
C. 
The enforcing official may forbid the use of any equipment or utensils which in his opinion may lead to the adulteration or contamination of any food or drink with which it may come in contact.

§ 245-3 License required.

[Added 7-19-1977 by Ord. No. 4417-77]
It shall be unlawful for any retail and/or wholesale food establishment, as defined in this chapter, to conduct business within the City of Clifton without first having obtained a license to conduct said business, which license is to be issued by the Municipal Council upon application to the City Health Department. Said application shall be reviewed by the City Health Department, which Department shall conduct those sanitary inspections as required by this chapter and shall advise the Municipal Council, in writing, of the compliance of the applicant with regards to all subsections of this chapter. Said writing shall contain a recommendation to the Municipal Council as to whether the aforementioned license shall be issued.

§ 245-4 Sanitary food-handler's course required; fee.

[Added 7-19-1977 by Ord. No. 4417-77; amended 11-2-1981 by Ord. No. 4669-81]
A. 
On or subsequent to the effective date of this chapter, all retail and/or wholesale food-handling establishments making either initial or renewal application to the City Health Department shall be required to have one responsible, managerial or supervisory person from each establishment attend a sanitary food-handler's course. The course shall be one approved by the Health Officer of the City of Clifton and the New Jersey State Department of Health. If a retail and/or wholesale food-handling establishment shall receive satisfactory inspection certificates for a period of one full year, said establishment shall, at the discretion of the City Health Officer, be exempted from attendance at the current year's food-handler's course. In all cases where establishments have not received satisfactory inspection certificates for a period of one full year, attendance at the sanitary food-handler's course on a yearly basis shall be mandatory. Failure to attend this course shall make the establishment liable to penalties as contained in § 245-12.
B. 
The fee to be paid to the City of Clifton for the aforesaid course shall be $30 per individual.
[Added 12-16-2003 by Ord. No. 6387-03; amended 2-20-2007 by Ord. No. 6646-07; 5-21-2013 by Ord. No. 7093-13]

§ 245-5 License fees; term of license.

[Added 7-19-1977 by Ord. No. 4417-77; amended 11-1-1977 by Ord. No. 4431-77; 3-4-1997 by Ord. No. 5875-97]
A. 
The license fee for each establishment or place of business of the applicant shall be as follows:
[Amended 12-16-2003 by Ord. No. 6387-03; 1-5-2009 by Ord. No. 6788-09; 2-15-2011 by Ord. No. 2930-11; 5-21-2013 by Ord. No. 7093-13; 1-3-2017 by Ord. No. 7344-17]
(1) 
Supermarket or minimarket; grocery store.
(a) 
Square foot area of 40,000 or more: $875.
(b) 
Square foot area of 30,000 to 39,999: $575.
(c) 
Square foot area of 20,000 to 29,999: $465.
(d) 
Square foot area of 10,000 to 19,999: $325.
(e) 
Square foot area of 5,000 to 9,999: $205.
(f) 
Square foot area of 2,500 to 4,999: $130.
(g) 
Square foot area of less than 2,500: $85.
(2) 
Bakery: $125.
(3) 
Candy kitchen (sale of packaged candy and soda only): $50.
(4) 
Meat market (meat only): $70.
(5) 
Delicatessen (sole operation): $60.
(6) 
Fruit and vegetable stand (market and stand): $70.
(7) 
Food manufacturer (wholesale only): $500.
(8) 
For plan review of any retail food-handling establishment as per the Enforcing Official: $100. All plan review shall be in accordance with N.J.A.C. 8:24, Chapter 24, Subchapter 9, Review of Plans.
B. 
Licenses under this chapter shall be issued for a term of one year commencing on January 1 and expiring on December 31 of the year of its issuance unless sooner revoked.

§ 245-6 Inspections; reinspection fees.

[Amended 6-19-2007 by Ord. No. 6669-07]
A. 
The enforcing official shall inspect as often as he deems necessary every retail food-handling establishment. The person operating a retail food-handling establishment shall permit access to all parts of the establishment and shall make available all records of food purchases upon request of the enforcing official.
B. 
There shall be a fee for all establishments requiring a reinspection for any reason during any calendar year as follows:
[Amended 1-3-2017 by Ord. No. 7344-17]
(1) 
Initial permit up to $155: $100.
(2) 
Initial permit $156 to $299: $175.
(3) 
Initial permit over $299: $225.
(4) 
Initial permit over $499: $300.

§ 245-7 Sanitary requirements.

Every retail food-handling establishment shall comply with the following requirements:
A. 
The premises shall be kept clean and free of litter or rubbish. No operation of said business shall be conducted in any room used as living or sleeping quarters. Adequate lockers or dressing rooms shall be provided for employees' clothing and shall be kept clean. Soiled linens, coats and aprons shall be kept in containers provided for this purpose. Signs shall be posted in each toilet and other rooms used by employees and in the kitchen indicating the requirements for washing the hands, arms and other exposed surface of the body which may contact food after a bodily function or some other contaminating contact.
B. 
The floors, walls, ceilings, shelving, partitions, windows, doors and other surfaces shall be made of or coated with a washable surface material, which shall be kept clean and in good repair in those rooms in which food or drink is stored or prepared or in which utensils are washed or in which toilet and lavatory facilities are provided. Every room shall be properly lighted, drained, plumbed and ventilated and shall be kept free of insects, vermin and other animals.
C. 
When any such establishment is subject to infestation by insects, vermin or other pests, a rodent- and insect-control program must be maintained continually. When requested, records of times and methods used must be available.
D. 
Running hot and cold water under pressure shall be easily accessible to or in all rooms in which food is prepared or utensils are washed. The water supply system shall be adequate as to quantity and quality and meet the potable water standards adopted by the State Department of Health.
E. 
There shall be adequate and properly located toilet facilities in accordance with N.J.A.C. 5:23-3.15 and 5:23-7.1 et seq. The doors of all toilet rooms shall be self-closing.
[Amended 5-15-1992 by Ord. No. 5587-92]
F. 
Adequate and properly located hand-washing facilities shall be provided, including hot and cold running water, soap and approved sanitary towels or air hand-drying facilities. The use of a common towel is prohibited. Employees shall not resume work after using the toilet room or subjecting the hands to other contaminating contact without first washing the hands and arms.
G. 
All garbage and waste materials shall be placed in suitable galvanized iron or other sanitary containers which are watertight and which shall be covered with close-fitting lids. All garbage and waste shall be removed from the premises daily. All cans used to store garbage and waste materials shall be thoroughly cleaned immediately upon being emptied.
H. 
All plumbing and waste disposal equipment shall be so designed, installed, maintained and utilized in such a manner as to prevent contamination of the water supply, food, drink or equipment.
I. 
Display cases, windows, counters, shelves, tables, refrigerating equipment, sinks and other equipment or utensils used in connection with the operation of said business shall be so constructed as to be easily cleaned, shall be kept in good repair and shall be kept clean and free from dust, dirt, insects, chemicals and other contaminating material. Utensils containing or plated with cadmium, lead or other toxic material shall not be used.
J. 
All cloths used by employees and persons shall be clean.
K. 
No article, polish or other substance containing any cyanide preparation or other poisonous material shall be used for the cleaning or polishing of utensils.
L. 
After utensils are cleaned, they shall be stored in a clean, dry place protected from flies, dust and other contamination, and shall be handled in such a manner as to prevent contamination.
M. 
All food and drink shall be clean, wholesome, free from spoilage and free of added toxic materials of all types, and shall be so prepared as to be safe for human consumption.
N. 
All perishable food and drink shall be kept at or below 50º F., or above 150º F. except when being prepared or processed. Such temperatures shall be maintained while in vehicles used for transporting same. Hot prepared food and drink may be air-cooled down to 150º F., but, for holding and storage below the point of 150º F., the food and drink must be reduced to a temperature of 50º F. or lower in a period not to exceed one hour.
O. 
Food and containers of food shall be stored under refrigeration in such a manner as to permit free circulation of cold air and to prevent contamination. Fresh meats shall be so stored that juices cannot drip upon other foods. To promote rapid cooling, sandwich and salad mixtures and choped, cut, boned or leftover food shall be stored under refrigeration in shallow containers not to exceed three inches in food depth or by such other satisfactory means that will ensure prompt cooling of the whole mass to a temperature of 50º F. or lower within one hour.
P. 
All milk, fluid milk products, ice cream and other frozen desserts sold shall be from approved sources and shall comply with the provisions of Chapter 315, Milk and Milk Products.
Q. 
All poultry, meats, oysters, clams and mussels purchased shall be from approved sources.
R. 
All food and drink, and the food and contact surfaces of utensils used to store, prepare or serve same, shall be protected from adulteration and contamination by pesticides, human, animal and rodent discharges of all types and contamination by dirt, dust, droplets and condensate and leakage of overhead structures and pipes.
S. 
All employees shall wear clean outer garments and shall keep their hands and arms clean at all times while engaged in handling food, drink, utensils or equipment. They shall not expectorate or use tobacco in any form in rooms in which food is prepared. Employees with open lesions or cuts on hands shall not handle or be permitted to handle food. Employees with acute respiratory and acute intestinal illnesses or other diseases in a communicable stage shall not be permitted to work on the premises during the period of such illness.

§ 245-8 Order to eliminate health hazard; closing of premises.

If the enforcing official has reason to believe that any retail food-handling establishment is, or may be, a sourse of food-borne disease, he shall advise the owner, manager or employees thereof accordingly and order that appropriate action be taken which will eliminate the source of disease. In the event that such action is not taken immediately, he may order such establishment to be closed and post a statement in a conspicuous place at the entrance thereof stating: "The sale of food or drink by this establishment is prohibited — Health Department." This order shall be effective immediately and shall remain posted until such time as the existing health hazard has been eliminated.

§ 245-9 Employees may be prohibited from working.

If the enforcing official has reason to believe an employee of any retail food-handling establishment is a carrier of a food-borne disease or is ill with a disease which may be transmitted through food, he may order that employee to leave the establishment and refrain from returning to work in or about such establishment, and may order the employer to prohibit such employee from returning to work until the employee has recovered from said disease and permission to return is granted by the enforcing official. It shall be the responsibility of all employers to report to the Health Department any employee who has contracted a communicable disease.

§ 245-10 Food or drink delivered from outside the City.

A. 
No person shall bring into the City, for sale or delivery to any person in this City, any food or drink for human use which has not been manufactured, prepared, handled, stored, sold or served under such conditions as to cleanliness, sanitation and protection from contamination as are prescribed by this chapter.
B. 
Any manufacturer, handler, seller, storage house or transportation agency resident outside the State of New Jersey, operating within the purview of this chapter and bringing food or drink for human consumption into the municipality, shall be required to have the State Department of Health of such resident, the United States Department of Health or local Health Department inspect the operation of such person for compliance with this chapter and transmit to the City Health Department a certificate certifying compliance by said agency with the provisions herein.

§ 245-11 Meat.

A. 
No beef, pork, veal, mutton, lamb, horsemeat or flesh of any animal, nor any part of any animal from which any of said meats is obtained, shall be sold for food purposes or exposed for sale or held in possession in an establishment in which food is sold within the City unless said animal has been examined before and after slaughter by a meat inspector duly appointed by the United States government or by any other public agency having the right of inspection and has been passed as fit for food and has been stamped with a proper identification mark or marks according to the system adopted by the United States Bureau of Animal Industry or the New Jersey State Department of Health. The provisions of this section shall be construed to apply to all meat sausages, choped meat and edible viscera.
B. 
No horsemeat shall be sold, or held with intent to sell or distribute, unless the provisions of Chapter 311, Meats, Article II, are complied with.

§ 245-12 Violations and penalties.

[Amended 5-9-1969 by Ord. No. 3912; 3-17-1970 by Ord. No. 3969]
Any person who violates any provision of this chapter shall, upon conviction thereof, be punished by a fine not exceeding $500 or by imprisonment for a term not exceeding 90 days, or both. A separate offense shall be deemed committed on each day during or on which a violation occurs or continues.