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:
FOOD
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.
FOOD EMPLOYEE
The person in charge and/or any individual working with unpackaged
food, food equipment or utensils, or food-contact surfaces.
RISK TYPE 1 FOOD ESTABLISHMENT
Any retail food establishment that:
A.
Serves or sells only prepackaged, non-potentially hazardous
foods;
B.
Prepares only non-potentially hazardous foods; or
C.
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.
RISK TYPE 2 FOOD ESTABLISHMENT
Any retail food establishment that has a limited menu and
A.
Prepares, cooks, and serves most products immediately;
B.
Exercises hot and cold holding of potentially hazardous foods
after preparation or cooking; or
C.
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.
RISK TYPE 3 FOOD ESTABLISHMENT
Any retail food establishment that:
A.
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
B.
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.
RISK TYPE 4 FOOD ESTABLISHMENT
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.
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 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.