[Adopted 7-15-1987 as BH:VIII of the 1987 Code]
A. 
Nonlimitation of article. Without in anywise intending to limit the generality of any other provision of this article, the provisions of this article shall be construed to include the manufacture, production, packing, possession, exposure, offer for sale, sale, dispensing or giving away of any article of food or beverages.
B. 
As used in this article, the following terms shall have the meanings indicated:
ADULTERATED
Food or beverages shall be deemed "adulterated" if either of them falls within the definition, construction, context, intent or meaning of Title 24 of the New Jersey Revised Statutes, 1937, or any amendments thereto or supplements thereof.
MISBRANDED
Food or beverages shall be deemed "misbranded" if either of them would be deemed misbranded within the definition, construction, context, intent or meaning of Title 24 of the New Jersey Revised Statutes, 1937, or any amendments thereto or supplements thereof.
A. 
Prohibitions. No person shall:
(1) 
Manufacture, expose for sale, offer for sale, sell, use or keep any food or beverages for human use or consumption, which has been exposed to any contamination or infection from any communicable disease, or is believed to have been exposed to contamination or infection from any communicable disease, or which is unfit, unwholesome, impure, decayed, diseased, mislabeled or adulterated within the meaning of the Revised Statutes of the State of New Jersey, 1937, Title 24, or any amendments thereto or supplements thereof.
(2) 
Distribute or sell, or offer or expose for sale, or have in his possession with intent to sell, or manufacture for distribution or sale, any food or drink which differs in purity, quality or strength from the standards adopted and published in accordance with Title 24, of the New Jersey Revised Statutes, 1937, or any amendments thereto or supplements thereof.
(3) 
Handle or dispense any food or beverages within the Borough while suffering from or possessed of any communicable disease.
(4) 
Keep any dog in, or allow or permit any dog, to enter any store, building, place or establishment within the Borough, where food or beverages are kept, manufactured, sold or handled for commercial purposes.
B. 
Employer and employee responsibility. Employers of food establishments shall be responsible for enforcing the following regulations:
(1) 
All employers or employees of a food establishment who handle the material from which food intended for distribution or sale is prepared, or the finished product shall, while so engaged, cause to be worn upon their heads a hairnet or other covering, said hairnet or other covering to envelop the hair upon the employer or employee's head in such a manner as to effectively prevent said employer or employee's hair from coming in contact with the food.
(2) 
These employers or employees of food establishments who work solely in a capacity as a bartender, barmaid, waitress or waiter, and who serve only alcoholic and nonalcoholic beverages, and the ingredients, additives, garnishments or the like added into said beverages, shall be exempt from Subsection B(1) herein.
(3) 
Those employers or employees of food establishments who exclusively handle prepackaged and or presealed items of food shall be exempt from Subsection B(1) herein.
(4) 
Any violation of this section shall be considered a violation by both the employer, who shall be responsible for said violation as if he had committed said violation himself, and the employee, separately, and each shall be responsible for said violation separately.
C. 
Violation and penalty. Anything contained in the within Code notwithstanding any person convicted of violation of any provision of Subsection B of this section shall be liable to a penalty for each such offense of not less than $50 nor more than $500 for each offense, and if such person shall default or neglect to pay such penalty, he may be committed to the county jail for a period not to exceed 10 days for the first offense and in the case of a second offense, he may be committed for a period of not less than 10 days nor more than 30 days, all of which shall be in the discretion of the Municipal Judge before whom the complaint shall be brought.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
A. 
License required. No person shall within the Borough of Fort Lee operate or conduct any food establishment as the term "food establishment" is defined in Chapter 1, General Provisions, § 1-17, herein, without having first obtained from the Board a license to do so, covering the premises in which every such food establishment is operated or intended to be so operated.
B. 
Posting of license. Every such license so issued shall be posted conspicuously in that part of such food establishment as is frequented by the public.[1]
[1]
Editor's Note: Former Section BH:8-4, Health certificate to be obtained; employees or vendors, which immediately followed this section, was deleted at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
A. 
License required. No person shall sell, deliver or peddle any article of food not machine-packaged or any beverage not machine-sealed or machine-capped, in the Borough of Fort Lee, from any wagon, pushcart, truck or other vehicle, or from house to house, or in or at any public place, without first having obtained a license from the Board so to do.[1]
[1]
Editor's Note: See also Ch. 80, Restaurants, § 80-11, regarding mobile food trucks and mobile restaurants.
B. 
Display of license. There shall be displayed on all vehicles used for any of the purposes aforesaid, such plate as may be furnished by the Board, evidencing the permission of the Board to use the vehicle for the purposes aforesaid.
A. 
Original containers. The owner, proprietor or other person in charge of any food establishment, vehicle, or place where food or beverages are handled, sold or distributed in the original, sealed package container in which it was received, shall maintain and observe the following minimum sanitary standards:
(1) 
Single-service straws and spoons shall be protected from flies, dust, dirt and other contamination.
(2) 
Food or beverages likely to spoil shall be kept in such manner and at such temperature as to prevent spoilage.
(3) 
All refuse, including unconsumed portions of food, used straws and spoons, together with all paper, cellophane or similar wrappings which have come in contact with food, shall be kept in watertight, tightly covered receptacles.
B. 
Other than original containers. The owner, proprietor or other person in charge of any food establishment, vehicle, or place where food or beverages are handled, prepared, sold or distributed in a manner other than in the original sealed package or container in which it was received, shall maintain and observe the following minimum sanitary standards:
(1) 
All foods and beverages shall at all times be adequately protected from flies, dust, dirt and other contamination.
(2) 
Food and beverages likely to spoil shall be kept in such manner and at such temperature as to prevent spoilage.
(3) 
The interior of all places, rooms, compartments and vehicles shall be adequately ventilated and lighted and shall be maintained in a clean condition.
(4) 
All counters, table tops, shelves, boxes, refrigerators and other receptacles in or upon which food or beverages are stored, prepared, handled, displayed or served, shall be kept clean.
(5) 
Clean outer garments shall be worn by all persons when engaged in the handling, preparation, sale or serving of food or beverages.
(6) 
Adequate facilities for washing hands, including clean water, soap and clean towels, shall be provided at a place convenient for the use of all persons engaged in the handling, preparation, sale or serving food or beverages, shall wash his hands thoroughly with soap and water before commencing work and after using the toilet.
(7) 
All dishes and other utensils in or with which food or beverages come in contact or which are used by customers, and all knives, forks, spoons, cups, glasses and similar articles used by customers in the consumption of food or beverages, except single-service utensils, shall after such contact or use and before reuse, be thoroughly cleansed, for at least two minutes, in hot soapy water or a hot alkaline solution and immediately rinsed or immersed in clean water of a temperature of at least 180º F., or shall be cleansed and treated in some other manner approved by the Board.
(8) 
An abundant supply of water for the proper conduct of the business shall be readily available at all times.
(9) 
Water used or made available for use for drinking or culinary purposes or for the cleansing of any utensils, shall be of a quality safe for such use and shall meet all standards of quality fixed by the Director of Health of the State of New Jersey.
(10) 
Adequate toilet facilities shall be provided for all employees.
(11) 
Every toilet, toilet room or wash room, maintained in or in connection with such premises, shall be kept clean.
(12) 
All toilet rooms and compartments shall be ventilated by a window or duct opening to the outer air and be so located and constructed so that odors therefrom will be prevented from reaching any room in which food or beverage is stored, prepared or served.
(13) 
All garbage, decomposable or waste animal and vegetable material, all refuse incident to the conduct of every food or beverage vending or food or beverage preparation establishment and all single-service utensils and paper, cellophane and similar wrappings which have come in contact with food, must, at all times be kept covered to prevent access of flies and escape of foul odors.
(14) 
All reasonable means shall be employed to keep all rooms, places, or compartments free from rats, mice, roaches, and other vermin.
A. 
No single-service utensils or single-service containers shall be used a second time.
B. 
No food offered or exposed for sale shall be handled or permitted to be handled by any customer or prospective customer prior to the actual purchase thereof. Placards containing this section shall be posted if required by the Board.
C. 
No common drinking cup shall be furnished to, nor kept where accessible to customers or employees.
D. 
No towel, except of the single-service type, shall be furnished or made available for the use of employees.
E. 
No dishwater, drainage from plumbing fixtures or other foul or putrescible waste liquids from or produced in connection with such premises shall be permitted to accumulate on the surface of the ground or be disposed of in a manner which may pollute any water supply or create a nuisance.
F. 
No person shall live or sleep, or be allowed to live or sleep in any room, compartment, vehicle or conveyance where food, intended for sale or distribution, is handled, produced, manufactured, packed, distributed or sold.
A. 
Cleanliness. No person shall store, keep, hold, sell or offer for sale any meat, fish, vegetables or other articles designed or held for sale, unless the building, store, place or establishment where the same are stored, kept or held, sold or offered for sale, are at all times maintained in a clean and wholesome condition and unless said articles, and each and every one of them, are at all times preserved in a wholesome condition and safe for human consumption.
B. 
"Person" defined. The word "person," as used in the previous subsection, shall also be taken to include and mean the owner, lessee or proprietor of said place, the manager or person in charge thereof and any other person actively engaged in the handling of any such article of food in and about said premises.
C. 
Unwholesomeness. No person shall sell or expose for sale any food or beverage that is decayed, putrefied or has become chemically or physically changed so that it is unwholesome or unfit for consumption or that has been exposed to contamination or infection of any communicable disease.
D. 
Exposed food; height from floor. No exposed food shall be offered for sale from shelves, counters or other containers which shall be less than 24 inches from the floor of the store or place in which the same is exposed for sale.
E. 
Sale of food prohibited outside of building. No food shall be stored, displayed, sold or exposed for sale from or on the sidewalk, entrance, passageway or other surfaces outside of any building, unless in compliance with Borough Ordinance No. 96-17 "Authorizing the licensing of Outdoor Cafes in the Borough of Fort Lee."
[Amended 9-12-1996 by Ord. No. 96-2]
F. 
Storage of delivery bottles or containers. No bottles or other containers used for the delivery of food or beverages shall be stored or left standing in any public place in the Borough.
A. 
License required. No person shall operate any food processing or beverage processing establishment in the Borough of Fort Lee, without first having obtained a permit from the Board so to do.
B. 
Inspection. Every establishment referred to in this article shall be subject to inspection during all business hours by the Board or the Health Officer.
C. 
Conformance. Every such establishment shall, at all times, conform to and comply with all sanitary regulations contained herein and affecting or concerning the handling, manufacture, preparation, storage, sale or exposure of all food or beverage.
A. 
License required. No person shall sell, offer for sale or expose for sale any horse meat or horse flesh, unless a license shall have first been obtained from the Board covering each establishment, premises, vehicle or conveyance used therefor.
B. 
Certain regulations. No horse flesh or horse meat shall be sold, offered for sale or exposed for sale in the Borough, unless the animal from which the same originated was slaughtered in the United States Government licensed slaughterhouse and unless every carcass, piece and parcel thereof, so exposed for sale, shall have conspicuously attached thereto a label or tag, not less than three inches wide and four inches long, on which there shall be printed or stamped, in letters not less than one inch in height, the words "horse flesh."
C. 
Prohibitions.
(1) 
No other flesh or meat of any kind or description shall be sold in any building, store, establishment or place where horse flesh or horse meat is sold or exposed for sale.
(2) 
Vehicles delivering horse flesh or horse meat shall not carry flesh or meat of any other kind or description.
A. 
Examination. No person shall expose for sale or offer for sale, or otherwise dispose of or have in his possession for sale or disposal, within the Borough of Fort Lee, any meat of or from any cattle, calf, lamb, goat, swine or any part of any animal from which any meat is obtained, unless said animal has been examined, both before and after slaughter, by the veterinary inspector or other qualified officer of the United States Government, or by the veterinary inspector or other qualified officer of the Board of Health of a municipality having a system of inspection equal to that adopted by the United States Bureau of Animal Industry.
B. 
Reinspection; condemnation. All meat or meat food products offered for sale in the Borough shall be subject to reinspection and condemnation at all times by the Board.
C. 
Approval; limitation. No person shall offer or expose for sale, or sell or otherwise dispose of, within the Borough, or be possessed of any meat or meat products, unless the factory or establishment where the same are manufactured, processed or put up, bears the approval of the United States Bureau of Animal Industry or the approval of the Board of Health of the municipality in which the same is located; nothing herein contained, however, shall be construed to permit the use, sale of or the exposure for sale thereof for human consumption, of any meat or meat products unfit for human consumption.
D. 
Selling; cutting on public streets prohibited.
(1) 
No person shall sell, expose for sale or offer for sale, or cut any meat on the public streets within the Borough.
(2) 
This section, however, shall not be construed or taken to prohibit the sale of meat sold as and being in fact a "frozen food" and sold in its original sealed package.
Certain regulations. It shall be unlawful to sell, expose for sale or offer for sale any fish within the Borough, unless the place from which the same is sold, exposed or offered for sale fully complies, in all respects, with the following:
A. 
All floors thereof shall be of nonabsorbent material.
B. 
Ice refrigerators shall have drain permanently connected indirectly into a proper trap and vented fixture to sanitary sewer line and shall be flushed daily with fresh water.
C. 
All table tops and counter tops shall be of nonabsorbent material. Portable wooden cutting or chopping boards are permitted but they must be thoroughly washed and scrubbed daily.
D. 
All fish markets or places where fish is sold shall have the following:
(1) 
Thorough ventilation.
(2) 
Self-closing doors.
(3) 
Running water, separate from washing basins.
(4) 
At least two metal garbage cans with covers for fish scraps (cans to be at least ten-gallon size), which cans shall be removed and emptied daily.
E. 
All doors and windows shall be screened from May 1 to October 1 in each year. Window screens shall be of permanent looking type.
F. 
Toilet and hand-washing facilities shall be provided for all fish handlers.
G. 
Only wholesome and edible fish and fish products shall be sold for human consumption.
H. 
All fish show cases shall be internally lined with nonabsorbent material.
The fact that, with respect to one or more specific articles of food or specific kinds of business, certain regulations have been prescribed under this article, shall not in anywise be taken to limit or affect the obligation of every person to fully and in all other respects comply with all the other provisions of this article applicable to any business in which said person may be engaged or applicable to any product which he may handle, store, sell, offer for sale or dispose of.[1]
[1]
Editor's Note: Former Sections BH:8-14 through BH:8-17, regulating milk and other dairy products, which immediately followed this section, were deleted at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
A. 
License required. No person shall manufacture, sell, offer for sale or deliver any ice in the Borough without first having obtained a license therefor from the Board so to do and covering each premises or place from or on which ice is to be sold, offered for sale, delivered or manufactured.
B. 
Application. No such license shall issue unless there be an application therefor, in writing, signed by the applicant, setting forth the source of his ice supply and the source of the water from which the ice is made or intended to be made.
C. 
Separate applications. A separate application shall be made for and a separate license shall be required for each wagon, truck, vehicle, ice depot or plant, place or premises used or to be used in the sale, delivery or manufacture of ice.
D. 
Certain regulations.
(1) 
No ice shall be sold, delivered or manufactured if the source of supply of such ice or the source of the water used in the manufacture thereof, shall be changed or shall be different than that set forth in the application for the aforesaid license. However, the Board, upon notice of such change, may authorize the manufacture, sale and delivery of such ice under the then existing license.
(2) 
No person shall manufacture, sell or deliver ice which has been cut from, or made from, any impure or polluted water, or which has been obtained or made from a source not approved by the Board or which has otherwise become unfit for use.
(3) 
Every licensee shall, at all times, and upon request of any authorized representative of the Board, make available samples of the ice manufactured, sold or delivered, and in the case of manufacturers of ice, of the water from which the same is manufactured.
E. 
Prohibition. The transportation of ice in wagons, trucks or vehicles used for any purpose other than the transportation of ice is prohibited.[1]
[1]
Editor's Note: Former Section BH:8-19, regarding food establishment supervisor certification, which immediately followed this section, was deleted at time of adoption of Code (see Ch. 1, General Provisions, Art. I). See now Art. III, Food Handler's Card, of this chapter.
A. 
Rules and Regulations Established. Rules and regulations are to be prepared by the Health Officer within 30 days of the effective date of this article to govern food establishments.
B. 
Copies on file. Three copies of the rules and regulations established in Subsection A shall be placed on file in the office of the Secretary of the Board of Health for the use of and examination by the public.