A code regulating retail food handling establishments,
providing for the inspection of such establishments and fixing penalties
for violations is hereby established 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.
[Amended 5-22-2007 by Ord. No. BH:2007-11]
Said code established and adopted by this chapter
is described and commonly known as Chapter 24 of the New Jersey State
Sanitary Code, Sanitation in Retail Food Establishments and Food and
Beverage Vending Machines, hereinafter "Chapter 24."
[Amended 5-22-2007 by Ord. No. BH:2007-11]
Three copies of said Chapter 24 have been placed
on file in the office of the Secretary of this local Board of Health
for use and examination by the public.
[Amended 5-22-2007 by Ord. No. BH:2007-11]
As used in this chapter, terms shall have meanings
as defined in N.J.A.C. 8:24-1.5.
No person shall operate a retail food establishment
unless a license shall first be issued by the Health Department. Such
license shall be posted in a conspicuous place. Said license shall
be null and void upon change in ownership, trade name or location.
A license shall be updated in the event of a modification to the licensed
establishment that results in an increase in seating capacity and/or
square footage. Whenever the food preparation, storage or service
areas of a retail food establishment are modified, plans and specifications
related to the modification must be submitted to the Health Department
for review, approval and inspection.
No person shall operate a mobile retail food
establishment unless a license shall first be issued by the Health
Department. Such license shall be posted in a conspicuous place. Said
license is null and void upon change in ownership, trade name or specific
mobile unit originally licensed. Mobile units shall have a permanent
means of identification such as a VIN (vehicle identification number)
or state registration number that differentiates one unit from another.
[Amended 12-6-2011 by Ord. No. BH:2011-03]
A. No person
shall operate a temporary retail food establishment for events 14
days or less in duration unless a license shall first be issued by
the Health Department. Such license shall be posted in a conspicuous
place. Said license is null and void upon change in ownership, trade
name, location or food preparation unit, if applicable.
B. No person
shall operate a special event and/or seasonal retail food establishment
unless a license shall first be issued by the Health Department. Such
license shall be posted in a conspicuous place. Such license is null
and void upon change in ownership, trade name, location or food preparation
unit, if applicable. Such license shall allow for up to seven dates
of operation (whether consecutive or not) during any calendar year.
No person shall operate an outside market food
establishment unless a license to sell prepackaged foods and/or fresh
produce shall first be issued by the Health Department. Such license
shall be posted in a conspicuous place. Said license is null and void
upon change in ownership or trade name. An individual license is required
for separate areas that are not contiguous.
[Amended 3-26-2002 by Ord. No. BH:2002-01; 2-25-2003 by Ord. No. BH:2003-01; 5-22-2007 by Ord. No. BH:2007-11]
Fees for licenses shall be as follows:
A. Retail food establishments selling only fresh produce
or prepackaged foods that are not potentially hazardous in nature
shall be charged $125.
[Amended 4-26-2011 by Ord. No. BH:2011-01; 10-25-2022 by Ord. No. BH:2022-02]
B. Mobile retail food establishments shall be charged
$100.
[Amended 10-25-2022 by Ord. No. BH:2022-02]
D. Fees.
[Amended 10-25-2022 by Ord. No. BH:2022-02]
(1) The
following fees shall be submitted to the Township of Manalapan for
inspections and issuance of food handler's licenses:
(a) Temporary food establishments (to be open less than seven days):
$35.
(b) One to 50 seats or less than 3,000 square feet: $125.
(c) Fifty-one to 200 seats or 3,000 square feet to 10,000 square feet:
$250.
(d) Two hundred one seats or more than 10,000 square feet: $375.
(2) Late
fees. Every licensed personnel who fails to complete his/her renewal
application as of January 31 of the licensing year shall be assessed
a late fee equaling 50% of the license fee. The late fees are set
forth as follows:
(a) One to 50 seats: $60 late fee.
(b) Fifty-one to 200 seats: $125 late fee.
(c) Two hundred plus seats: $200 late fee.
E. Each public school building with a food service cafeteria shall be charged 90% of the license fee as set forth in §
256-19D.
F. Temporary retail food establishments shall be charged
$35. This license shall expire 14 days after issuance.
G. Seasonal
retail food establishments shall be charged $125.
[Added 12-6-2011 by Ord.
No. BH:2011-03; amended 10-25-2022 by Ord. No. BH:2022-02]
H. Review of plans; inspections.
[Amended 8-25-2009 by Ord. No. BH2009-01; 10-25-2022 by Ord. No.
BH:2022-02]
(1) Review of plans and inspections for any modification
to a licensed establishment's food preparation, storage or service
area where no additional space is added, as evidenced by the application
for construction permits, shall be $125.
(2) Review of plans and inspections for any modification
to a licensed establishment's food preparation, storage or service
area (other than restaurants) when not exceeding 4,000 square feet
of new or additional food service area or construction of a new retail
food establishment not exceeding 4,000 square feet, all as evidenced
by the application for construction permits, shall be $225.
(3) Review of plans and inspections for any modification
to a licensed establishment's food preparation, storage or service
area (other than restaurants) in excess of 4,000 square feet or construction
of a new retail food establishment in excess of 4,000 square feet,
all as evidenced by the application for construction permits, shall
be $450.
(4) Review of plans and specifications for any modification to a licensed
establishment's food preparation, storage or service area (other than
restaurants) in excess of 10,000 square feet or construction of a
new retail food establishment in excess of 10,000 square feet, all
as evidenced by the application for construction permits, shall be
$750.
(5) Review of plans and specifications for any modifications to a licensed
restaurant establishment's food preparation, storage or service area
with a seating capacity less than 100 seats, all as evidenced by the
application for construction permits, shall be $250.
(6) Review of plans and specifications for any modifications to a licensed
restaurant establishment's food preparation, storage or service area
with a seating capacity of 100 or more seats, all as evidenced by
the application for construction permits, shall be $500.
I. Reinspection fee for conditional or unsatisfactory rating.
[Added 5-25-2010 by Ord. No. BH:2010-1]
(1) First
occurrence within two-year period of initial conditional or unsatisfactory
rating: no charge.
(2) Second
occurrence within two-year period: $100.
(3) Third
occurrence within two-year period: $250.
(4) Fourth
occurrence within two-year period: $500.
[Added 5-28-2002 by Ord. No. BH:2002-03; amended 5-22-2007 by Ord. No. BH:2007-11]
Food that is required to be kept at refrigerated
or frozen temperatures as set forth in Chapter 24, must be stored
in mechanically powered equipment (powered by gas or electricity)
that maintains the required temperatures. In no case shall fish, shellfish
or uncured, uncooked meats be sold in outdoor environments. However,
the Health Officer may, upon adequate proof make such exceptions in
the discretion of the Health Officer to the refrigeration requirements
of this section, provided:
A. The food is stored in insulated containers, is fully
surrounded in ice from an approved source and the food product does
not exceed temperatures as set forth in Chapter 24; and
B. Fresh fish and shellfish can be displayed for sale
on ice from an approved source in indoor facilities; and
C. Frozen dessert can be stored in mechanically powered
equipment that is disconnected from its power source at the time of
retail sale, provided that the food shall be maintained at temperatures
as set forth in Chapter 24 and at such temperatures as shall maintain
the integrity of the frozen desert.