[Adopted 10-5-1959 (Ord. No. 717) as Ch. 5, Article X, of the 1959 Revised Ordinances]
As used in this Article, the following terms shall have the meanings indicated:
ADULTERATION OR ADULTERATED
The meanings ascribed to them in New Jersey Revised Statutes 25:5-8 to 25:5-11, as amended.
IMITATION OR ARTIFICIAL FLAVOR
Any fruit flavor that is less than 100% natural flavor, pure extract.
IMITATION SOFT DRINK
Any soft drink prepared wholly or in part with artificial flavor in such a manner as to counterfeit or imitate a soft drink made with natural flavor.
It shall be unlawful for any person to distribute or sell or to manufacture for distribution or sale, or have in his possession with intent to distribute or sell, any beverage which is a nonalcoholic drink, carbonated beverage, cereal beverage or still drink except in strict conformity with all the provisions of this Article.
No such establishment or business shall be operated unless a license is obtained as required by N.J.R.S. 24:15-13 nor without paying an inspection fee to the City of Hackensack as provided in Article II of this chapter.
A. 
No person shall sell or hold for sale any imitation soft drink unless each container of the same is labeled with the word "imitation" or "artificial," if sold under the name of the article which it imitates.
B. 
Such label or mark must be on the label and cap of the bottle or container except where the bottle or container is less than 10 fluid ounces in capacity, in which case it need be specified on the crown cap only. No container will be regarded as properly labeled or marked if the type is less than nine point or if the color of the printing is not in marked contrast to the color of the background upon which it is printed. The word "artificial" or "imitation" must be in the same size type as the name of the drink, which name shall not be printed in a smaller size type than that known as nine point.
A. 
No licensee under this Article shall use any polluted water in the bottling of any soft drink.
B. 
No licensee under this Article shall use any saccharine or coal tar or any other sweetening agent having no food value nor any ingredient which is impure or injurious to health in the bottling of any soft drink.
No person shall sell or offer for sale any nonalcoholic drink, carbonated beverage, cereal beverage or still drink in open containers.
A. 
All beverages regulated by this Article must be sold under names which will not mislead the public as to their flavor and composition.
B. 
The sale of any flavor or extract under the name of a fruit juice, unless it is in fact the expressed juice of the fruit under which name it is sold and contains no added ingredient other than sugar, is prohibited, and if sugar has been added such addition must be declared on the label.
C. 
No impure or adulterated material and no saccharine or coal tar, other than certified colors, shall be used in the manufacture of nonalcoholic beverages, carbonated beverages, cereal beverages or still drinks.
A. 
No person shall sell, offer for sale or distribute in the City any nonalcoholic beverage, carbonated beverage, cereal beverage or still drink in bottles or other containers unless each of said bottles or containers shall have blown into it, etched, engraved or otherwise marked thereon the name of the person manufacturing or bottling such beverage or the name and registered trademark of such beverage.
B. 
The filling or refilling of any glass jar, bottle or other container with nonalcoholic beverages, carbonated beverages, cereal beverages or still drinks, with intent to sell, vend or distribute such beverages or drinks, which bears the label of any other person or which has blown into it the name or trademark of any other person, is hereby prohibited.
C. 
Plain bottles that are not required to be returned to the bottling company and with no name blown, etched, engraved or otherwise marked thereon are excepted from the provisions of Subsection B of this section if properly labeled or marked with the name and address of the manufacturer or bottler or a distinctive trademark.
A. 
All water intended for sale or distribution as bottled water must be obtained from a source which is free from the possibility of pollution from materials or substances which may render it deleterious to health or which may impart to it objectionable taste, odor or turbidity.
B. 
Water intended for sale or distribution as bottled water shall not contain more than two bacillus coli communis in 100 cubic centimeters, and when sampled at the source, shall not contain more than 100 bacteria per cubic centimeter at 37° C.
No impure, contaminated or polluted water shall be used for the manufacture of nonalcoholic beverages, carbonated beverages, cereal beverages or still drinks. All wells or springs supplying water shall be covered to prevent surface contamination. All wells or springs supplying water shall be examined periodically and a copy of such report shall be received from the Health Department and kept on file at the bottling or manufacturing plant.
A. 
No person bottling or manufacturing nonalcoholic beverages, carbonated beverages, cereal beverages or still drinks shall use any coloring matter except vegetable colors and certified colors permitted by the United States Department of Agriculture, including amaranth, Ponceau R., erythrosin, orange 1, naphthol, yellow S., light green S.F. yellowish, indigo disulfo acid and such other colorings as may from time to time be certified by the United States Department of Agriculture.
B. 
No person shall distribute or sell or have in his possession with intent to distribute or sell any soft drinks at any place where false or fraudulent statements or designs are displayed concerning such soft drinks.
C. 
Soft drinks prepared with natural flavors only and with certified colors added will not be regarded as imitations and need not be so labeled. The presence of added color in soft drinks must be declared on the cap and label except where the bottle or container is less than 10 fluid ounces in capacity, in which case it must be specified only on the crown cap of such drinks as are sold under distinctive names or in which the added color is not one which simulates the color of the natural product.
A. 
Floors. All rooms in which the business of preparing and bottling nonalcoholic beverages, carbonated beverages, cereal beverages and still drinks is carried on shall be provided with smooth, watertight floors which can be readily cleansed, and such floors must be cleaned daily and provided with a drain properly connected to the sewer.
B. 
Ceilings and sidewalls. The sidewalls and ceilings of such rooms shall be of smooth material free from crevices and must be kept clean at all times. Sidewalls are to be made of material impervious to moisture.
C. 
Light and ventilation. Such rooms shall be adequately lighted and ventilated and there shall be window glass space equal to 10% of the floor space.
D. 
Syrup rooms. All rooms in which syrups are prepared and which are commonly known as "syrup rooms" shall be constructed of concrete or equally impervious and easily cleaned material and shall be smooth, tight, properly drained, provided with trap drains and kept clean at all times. Sidewalls and ceilings of rooms in which flavors are handled or stored shall be smooth, tight and frequently painted with a light color paint or finished in an approved manner and kept clean at all times. Doors and windows and other openings into the outer air shall be effectively screened to prevent the access of flies. All doors shall be self-closing.
E. 
Trucks prohibited in bottling department. No truck or other vehicle shall be garaged or parked overnight in the bottling department.
F. 
Benches and tables. All benches and tables shall be constructed of hard, smooth material, impervious to moisture and shall be readily accessible for thorough cleansing.
G. 
Sinks and tubs. Sinks, tubs or washing machinery of sufficient size to enable utensils to be thoroughly washed, and connected by suitable piping to the sewer, shall be installed.
H. 
Washing and capping containers.
(1) 
All bottles, jars or other receptacles which are to be used as containers for water or nonalcoholic beverages, carbonated beverages, cereal beverages and still drinks shall be cleansed before use by soaking, spraying and rinsing in an alkali solution of at least three-percent alkali strength at a temperature of not less than 125° F. for not less than five minutes in an automatic machine, no human hand coming in contact with the bottle during the process of washing the same.
(2) 
No person shall use as containers Hutchinson plunger bottles or similar types, or reuse any cap, crown or stopper. Caps, crowns or stoppers, before use, shall be kept in a device having a self-closing cover, and such caps, crowns or stoppers shall be placed in bottles with an automatic capping device.
(3) 
All bottles in which water is bottled shall be capped so as to protect the neck and stopper from contamination until water is used.
I. 
Mixing and storing equipment. Vessels, utensils, machinery and other articles necessary for the proper mixing and storage of syrups and other ingredients entering into finished products must be kept clean at all times. All containers in which fruit juices or combinations of syrup, fruit juice, flavors or other extracts are stored shall be constructed of such materials and in such manner that they can be readily cleansed and kept clean, and all such containers hereafter installed shall be of porcelain, glass, glaze-lined metal or metal-lined with block tin.
J. 
Drainage. Adequate drainage must be provided to lead all waste liquids outside the building and into a suitable sewer or to some point where they can be disposed of without creating a nuisance.
K. 
Animals prohibited. No horses or other animals shall be stabled or kept in the same building in which nonalcoholic beverages, carbonated beverages, cereal beverages and still drinks are prepared.
L. 
Living quarters. No person shall be allowed to live or sleep in any room where water is bottled or nonalcoholic drinks, carbonated beverages, cereal beverages and still drinks are prepared.
M. 
Employees.
(1) 
All clothing worn by persons engaged in the bottling of water, nonalcoholic beverages, carbonated beverages, cereal beverages and still drinks or prepared syrups shall be of material that may be readily cleansed and only clean outer garments shall be worn at all times.
(2) 
A suitable place shall be provided for the employees to change and store their clothing, and no wearing apparel, boots, shoes or other wearing effects not being worn shall be kept or stored in any workroom where beverages are prepared.
(3) 
Persons afflicted with tuberculosis or other communicable disease shall not be employed in any establishment where water or nonalcoholic beverages, carbonated beverages, cereal beverages or still drinks are bottled. The owner of such establishment who has reason to believe that any employee is so affected shall immediately report in writing the facts upon which such belief is based, together with the name and address of the person believed to be affected, to the Health Department and to the New Jersey State Department of Health.
(4) 
All employees or persons engaged in bottling shall be required to wash their hands before beginning work and after visiting the toilet.
N. 
Toilet facilities. Adequate toilet facilities shall be provided for employees and such toilets shall be easily accessible to all employees and kept clean at all times. If possible, these toilets should be provided with flush closets and urinals. Water closets, toilets and dressing rooms shall be entirely separated from compartments in which water is bottled or nonalcoholic drinks, carbonated beverages, cereal beverages and still drinks are prepared, packed, distributed or sold. All establishments shall be provided with suitable facilities where employees may wash their hands. Dispenser soap and clean individual towels shall be provided convenient to washstands.