[HISTORY: Adopted by the Board of Health
of the Township of Lumberton 5-1-1995 by Ord. No. BH-2-1995. Amendments noted
where applicable.]
A code regulating retail food establishments
and food and beverage vending machines, providing for the inspection
of such establishments and machines and fixing penalties for violations
is hereby established pursuant to N.J.S.A. 26:3-69.1 et seq. A copy
of said code is annexed hereto and made a part hereof by way of reference
and without need for inclusion of the entire text of the same republished
herein. Said code established and adopted by this chapter is described
and commonly known as the "Retail Food Establishments and Food and
Beverage Vending Machines Code of New Jersey (1988)."
Three copies of said Retail Food Establishments
and Food and Beverage Vending Machines Code have been placed on file
in the office of the Secretary of the Lumberton Township Board of
Health, upon the introduction of this chapter, and will remain on
file there for the use and examination of the public.
A.
No person shall operate a retail food establishment
unless a permit or approval of an existing permit to operate the same
shall have been issued by this Board of Health. Such permit or approval
of an existing permit shall be posted in a conspicuous place in such
establishment.
B.
Applicable fees are detailed in the universal fee chart located in § 18-2, reference number 45, of the Code of the Township of Lumberton.
[Amended 12-5-2019 by Ord. No. 2019-17]
C.
Permits issued or approved under the provisions of
this chapter shall expire annually on the last day of May of each
year, and application for renewal thereof shall be submitted together
with the required fee prior to the third Monday of April of each year.
D.
A person conducting an itinerant or mobile retail
food establishment shall be required to secure a permit from this
Board of Health even where such person is the holder of a permit issued
by a Board of Health of another jurisdiction, and the fee for the
securing of the Lumberton Township permit shall be $20 for such approval.
E.
A permit or approval of a permit may be suspended
or revoked for a violation by the holder of any provision of this
chapter or the code referred to herein, after an opportunity for a
hearing by the Board of Health or its authorized representative. Nothing
herein contained, however, shall preclude this Board of Health from
exercising the authority to immediately close any establishment which,
in the opinion of the Board of Health, is suspected of being a source
of food-borne infection in accordance with the provisions of N.J.A.C.
8:24-9.6.
F.
A permit or approval of a permit issued by another
Board of Health is not transferable to the Township of Lumberton.
[Added 6-21-2004 by Ord. No. 2004-18[1]].
A.
Administrative authority. The Burlington County Health
Department shall be the administrative authority to exercise the powers
prescribed by this chapter.
B.
Adoption of standards. Pursuant to the authority contained
in N.J.S.A 26:3-69 through 26:3-69.6, the Board of Health of Lumberton
Township does hereby adopt the new rules and standards governing food
manager training as an ordinance operative within the Township, regulating
training for managers of potentially hazardous food-handling establishments.
C.
Intent and purpose. The provisions hereinafter contained
and enacted are in pursuance of and for the purpose of:
[1]
Editor's Note: This ordinance, adopted by
the Township Committee, also repealed former § 294-4, Violations
and penalties.
[Added 6-21-2004 by Ord. No. 2004-18]
As used in this chapter, the following terms
shall have the meanings indicated:
Any food, food product, drink or drink product, wholly or
partially prepared, meant for human consumption.
Any person who owns or is employed by a wholesale or retail
food establishment who directs, oversees and supervises the procedures
used by the establishment to prepare and store food that is served
and/or purchased by the general public.
Foods which could cause serious health problems or illness
if not stored, processed and prepared properly.
A business, store, restaurant or any retail establishment
that wholly or partially is involved in the preparation of food that
is sold directly to the general public. This includes leased and subleased
establishments, food vendors and kiosks that prepare food, as well
as wholesale food businesses where the products are purchased and
put directly for sale to the public. This does not include private
or public schools, associations, nonprofit organizations, or civic
groups that prepare and/or sell food on an occasional basis for fundraising
purposes. Notwithstanding this exemption, such organizations are nevertheless
encouraged to comply with the provisions of this chapter.
[Added 6-21-2004 by Ord. No. 2004-18]
A.
Every retail food establishment shall be required
to have at least one food manager with food sanitation and safety
training, to supervise food preparation on the premises. Food establishments
that do not have any on-site preparation of potentially hazardous
foods are exempt from this requirement.
B.
Upon request, the owner/manager of a retail food establishment
shall provide to the Burlington County Health Department and/or local
Board of Health satisfactory proof that, at a minimum, the manager
of the establishment shall have taken and passed an approved course
in food sanitation and safety.
[Added 6-21-2004 by Ord. No. 2004-18]
A.
The training course must be a minimum of eight hours
and must be approved by the Burlington County Health Department. The
following are also acceptable:
B.
Food managers shall satisfactorily complete a refresher
course, approved by the Burlington County Department of Health, in
food safety and sanitation every three years.
C.
The food manager certification shall be prominently
posted on the premises.
[Added 6-21-2004 by Ord. No. 2004-18]
A.
Minimum penalty. There shall be a minimum penalty
of a fine fixed at an amount not less than $100.
B.
Maximum penalty. For violations of any provisions
of this chapter, the maximum penalty, upon conviction, shall be a
fine not exceeding $1,000.
C.
Separate violations. Each and every day in which a
violation of any provision of this chapter exists shall constitute
a separate violation.
D.
It shall be the responsibility of the Burlington County
Health Department (as the authorized agent of the local Board of Health)
to enforce this chapter.
E.
If a facility does not meet the requirements of this
chapter, the Burlington County Health Department, with the consent
of the local Board of Health, can grant a temporary waiver of six
months, provided immediate action is taken to ensure compliance with
this chapter.
