[HISTORY: Adopted by the Board of Health
of the Township of North Brunswick: Art. I, 8-16-1965; Art. II, 8-2-1993. Section 416-4
amended at time of adoption of Code; see Ch. 366, General Provisions,
Board of Health. Other amendments noted where applicable.]
[Adopted 8-16-1965]
A code regulating retail food establishments
and fixing penalties for violations is hereby adopted 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.
Said code established and adopted by this chapter
is described and commonly known as the "Retail Food Establishment
Code of New Jersey (1965)."
Three copies of said Retail Food Establishment
Code of New Jersey (1965) have been placed on file in the office of
the Secretary of this local Board of Health upon the introduction
of this Article and will remain on file there until final action is
taken on this Article, for use and examination by the public.
Any person violating or failing to comply with
any of the provisions of this Article shall, upon conviction thereof,
be punishable by a fine of not less than $2 nor more than $500 in
the discretion of the Judge. The continuation of such violation on
each successive day shall constitute a separate offense, and the person
or persons allowing or permitting the continuance of the violation
may be punished as provided above for each separate offense.
[Adopted 8-2-1993]
This Article shall be known as "Regulation 156A-1
- Retail Food-Handling Training Regulation."
As used in this Article, the following terms
shall have the meanings indicated:
Any movable restaurant, truck, van, trailer, cart, bicycle,
watercraft or other movable unit, including hand-carried, portable
containers in or on which food or beverage is transported, stored
or prepared for retail sale or given away at temporary locations.
Any food which consists in whole or in part of milk or milk
products, eggs, meat, poultry, fish, shellfish, edible crustacea,
raw seed sprouts, heat-treated vegetables and vegetable products or
other ingredients, including synthetic ingredients, in a form capable
of supporting rapid and progressive growth of infectious or toxigenic
microorganisms or the slower growth of C. botulinum. The term does
not include foods which have a pH level of four point six (4.6) or
below or a water activity (aw) value of eighty-five hundredths (0.85)
or less.
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; private, public or nonprofit organization,
institution or group preparing, storing or serving food; catering
kitchen; commissary; box lunch establishment; retail bakery; meat
market; delicatessen; grocery store; public food market; or any similar
place in which food or drink is prepared for retail sale or 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 with or without charge; except that agricultural markets,
covered dish suppers or similar type of infrequent church or nonprofit-type
institution meal services shall meet the special provisions of N.J.A.C.
8:24-8, provided that any food and beverage vending machine shall
meet the requirements of N.J.A.C. 8:24-11, provided further that bed-and-breakfast
and community residences, as defined, meet the provisions of N.J.A.C.
8:24-13.
Any retail food 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 and mobile
retail food establishments, as well as agricultural markets.
A.Â
No retail food establishment,
fixed, temporary or mobile, shall serve potentially hazardous food
products within the Township of North Brunswick unless and until one
or more supervisory personnel are certified in food safety and sanitation
at least once every two years through a course of instruction approved
by the State Department of Health or the Middlesex County Office of
Health Services. Organizations or groups which hold periodic gatherings
and meals should have a responsible officer of the group certified
in food safety.
[Amended 2-18-2020 by Ord. No. 20-03]
B.Â
It shall be the responsibility of the owner, operator
or supervisory personnel in immediate charge of the establishment
to provide proof of such program completion to the satisfaction of
any authorized sanitary inspector requesting the same.
[Added 4-15-2019 by Ord.
No. 19-07]
A.Â
Retail food establishment reinspections fee: $50.
B.Â
Retail food establishment initial plan review fee: $75.
C.Â
Fees are payable to the Township of North Brunswick to the Department
of Parks, Recreation and Community Services within 10 business days
of the reinspection or plan review.
D.Â
Failure to pay the fee within 10 working days will result in a court
summons with fines as follows:
|
First penalty
|
$100
|
|
Second penalty
|
$200
|
|
Third and subsequent penalties
|
$400
|
[Added 2-18-2020 by Ord.
No. 20-03]
A.Â
It shall be required of the retail food establishments of the Township
of North Brunswick to display their retail food inspection placard
in the front window or door of the establishment immediately after
its issue. The placard shall be unobstructed and viewable from the
exterior. The placard may also be posted by the inspecting official
immediately after its issue.
B.Â
In the event there is no entry window or suitable location, the evaluation/inspection
placard shall be pasted in a conspicuous place near the public entrance
of the establishment where the Health Department deems acceptable
and in such a manner that the public may view the placard upon entering
the establishment.
In addition to such other actions authorized
by the New Jersey State Sanitary Code, the authorized sanitary inspector
is hereby authorized to file a summons and complaint against any establishment
which does not meet the requirements hereof. Said complaint shall
be in the name of the Township of North Brunswick and shall be returnable
before and be under the authority and jurisdiction of the Municipal
Court of the Township of North Brunswick.
A.Â
The owner, operator or person in immediate charge
of a temporary or mobile retail food establishment who is unable,
upon request of an authorized sanitary inspector, to reasonably and
satisfactorily establish attendance and successful completion of an
approved food-handler's training program, as defined herein, shall,
upon a finding of guilt, be subject to a fine not to exceed $250.
Upon a second conviction hereunder, the defendant shall be subject
to a fine not to exceed $500. Upon a third or subsequent conviction,
the defendant shall be subject to a fine not to exceed $750 and imprisonment
for a term not to exceed five days.
B.Â
Any penalty recovered in any such action shall be
paid to the Treasurer of the Township of North Brunswick.
