[Amended 5-23-1995 by Ord. No. 1599-95; 12-16-1997 by Ord. No.
1708-97; 1-29-2013 by Ord. No. 2258-2013; 2-19-2013 by Ord. No.
2264-2013]
This chapter shall be known as the "Food Handler's Ordinance
of the Borough of Fair Lawn."
As used in this chapter, the following terms shall have the
meanings indicated:
A raw, cooked, or processed edible substance, ice, beverage,
or ingredient used or intended for use or for sale in whole or in
part for human consumption, or chewing gum.
The person in charge and/or any individual working with unpackaged
food, food equipment or utensils, or food-contact surfaces.
Any retail food establishment that:
Serves or sells only prepackaged, non-potentially hazardous
foods;
Prepares only non-potentially hazardous foods; or
Heats only commercially processed, potentially hazardous foods
for hot holding and does not cool potentially hazardous foods. Such
retail establishments may include, but are not limited to, convenience
store operations, hot dog carts, and coffee shops.
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.
A.
Initial registration procedure.
(1)
No food employee shall engage in or be employed within the Borough
in the business of or service of preparing, selling or processing
food intended for human consumption without having first registered
as a food handler upon written application with the Department of
Health and Human Services of the Borough.
(2)
Food establishment owners or managers shall apply for initial food
handler's registration for each currently employed food employee
whose food handler's card has expired or been revoked.
(3)
The Department of Health and Human Services of the Borough shall
issue written notice and request for payment to food establishment
owners or managers concerning expiring food handler's cards.
(4)
Persons not employed within the Borough may register as a food handler
upon written application with the Department of Health and Human Services
of the Borough.
(5)
The Department of Health and Human Services of the Borough will consider
all those who have satisfied the requirements set forth in this Act
as registered food handlers.
B.
The following persons, however, are expressly excluded from the provisions
of this chapter, to wit:
(1)
All persons engaged or employed in the manufacturing of foodstuffs
where said manufacturing operations are subject to federal control
under the Federal Food and Drugs Act, excepting, however, that where
any such manufacturer shall maintain a cafeteria or food service for
its employees within its manufacturing plant, all persons who are
engaged in handling exposed food in connection with said cafeteria
or food service shall not be exempt from the provisions hereof, but
each such person shall be required to register as a food handler and
successfully complete an approved food handlers' course in accordance
with the provisions of this chapter.
(2)
All persons whose employment or duties are solely limited to clerical
or administrative functions or whose employment or duties at no time
involve contact with any exposed food or ware washing.
A.
Initial food handler registration to be applied for under § 111-3 shall not be issued or granted to any person unless the person shall have first successfully completed a general course of instruction in health education, sanitation, personal hygiene, food poisoning, dishwashing procedures, germs, insects, rodents and other related health matters. The course of instruction shall be given by the Department of Health and Human Services of the Borough or by such other organization as the Department of Health and Human Services of the Borough may direct or preapprove.
B.
Food establishment owners shall apply for each initial food handler's
registration within 14 days of employment or food handler card expiration.
Initial registrations will expire December 31 of the current year,
except that if the date of employment is November 1 or after of the
current year, initial registrations will expire December 31 of the
following year.
Food handler class attendance certificates shall be made available
from the Department of Health and Human Services of the Borough upon
request by the food establishment owner or manager or by the attendee.
Any person who is unable to attend the course of instruction
as made available through the Department of Health and Human Services
may, with written permission from the Department of Health and Human
Services of the Borough, attend other comparable food handler courses
furnished by the state, county, other municipalities or private-entity-provided
public health educator, and proof of having successfully completed
such other comparable course or courses shall be deemed full compliance
with the requirements of this chapter.
A.
Employees to attend course within 60 days.
(1)
Food establishment owners or managers shall assure that all employed
persons newly engaged in the business of preparing, selling or processing
food intended for human consumption, ware washing or supervision of
these activities shall attend an approved food handlers' course
within 60 days from the date of commencement of their employment.
(2)
If food establishment owners or managers fail to assure any employee's
attendance at an approved food handlers' course within 60 days,
the Department of Health and Human Services of the Borough may revoke
that employee's food handler's registration.
(3)
Owners or managers shall assure that all food handlers reattend an
approved course within three years of employment and every three years
thereafter.
B.
Requirement of persons in charge to attend manager-level course.
By January 2, 2015:
(1)
Any food establishment in the business of or service of preparing,
selling or processing food intended for human consumption, including,
but not exclusively, all Risk Type 2, 3, and 4 food establishments,
shall require a person in charge who holds a current food manager's
certificate approved by the New Jersey State Department of Health
and Senior Services to be on the premises of the food establishment
at all times while open for business or preparation of food.
(2)
Supermarket owners or managers shall require a person in charge who
holds a current food manager's certificate approved by the New
Jersey State Department of Health and Senior Services to be on the
premises in each department at all times while open for business or
preparation of food.
(3)
Currently such certification can be obtained only through three approved
agencies listed below.
A.
Owners or managers of all food establishments must renew all food
handlers' registrations through the Department of Health and
Human Services of the Borough annually. All food handler registrations
will expire December 31 of each year.
B.
Any food handler's registration not renewed by January 31 of
the next year shall be revoked. Therefore, food establishment owners
or managers shall reapply for an initial food handler registration
for all revoked registrations.
C.
The Department of Health and Human Services shall include the application
for renewal of food handlers' registrations with food establishment
license applications.
A food handler registration is granted to a food establishment owner or manager for a food employee as defined in § 111-2 of this chapter and therefore may not be transferred to any other person for any purpose whatsoever.
All employers engaged in the business of preparing, selling
or processing food for human consumption shall be required at all
times to keep and maintain accurate records of each employee, listing
the following information: the name and address of said employee;
the date of employment; the date of application for the food handler's
registration and course date for each employee. All such records shall
be available at all times for inspection by the Department of Health
and Human Services of the Borough or its only authorized agents or
representatives. All such records must also be provided from time
to time upon written request of the Department of Health and Human
Services of the Borough or its only authorized agents or representatives.
The Department of Health and Human Services shall have the authority
to revoke food handler registration status hereunder for failure to
attend a food handlers' course as required, failure to renew
food handler registration, improper food handling or other good cause
shown and after written notice to the food establishment owner or
manager.
A.
Food establishment owners shall pay to the Borough a fee, as set
from time to time by resolution of the Borough Council, upon initial
registration and an annual renewal fee, as set from time to time by
resolution of the Borough Council.
B.
Food establishment owners or attendees shall pay a fee, as set from
time to time by resolution of the Borough Council, to obtain a food
handlers class attendance certificate.
