[HISTORY: Adopted by the Board of Health of the Township of Holland 5-10-1990. Amendments noted where applicable.]
GENERAL REFERENCES
Farmers' market — See Ch. 80.
Board of Health fees — See Ch. 188.
[Amended 4-12-1994; 11-8-2007]
A. 
Terms defined by statute. As used in this chapter, the terms, "mobile retail food establishment," "retail food establishment," "temporary retail food establishment," and "vending machine" shall have the meanings ascribed to such terms in Chapter 24 of Title 8 of the New Jersey Administrative Code.
B. 
As used in this chapter, the following terms shall have the meanings indicated:
FARMERS' MARKET
An essentially outdoor food establishment, located on Township-owned lands, for the selling of produce grown by persons selling it, the selling of produce derivatives (licensed and permitted where applicable) which the sellers have created, the selling of baked goods by the creators thereof (originating from state-inspected and -licensed facilities), and the selling, under reasonable regulations of the Farmers’ Market Committee, of artisan crafts.
[Added 5-12-2011 by Ord. No. BOH2011-1]
VENDING MACHINE OPERATOR
Any individual, firm, partnership, company, corporation, trustee, association, or any other public, private or other legal entity, who by contract, agreement, or ownership, takes responsibility for furnishing, installing, servicing, operating, or maintaining one or more vending machines.
[Amended 4-12-1994]
All retail food establishments (whether regular, temporary or mobile) and all vending machines in this Township shall comply with applicable provisions of the law of the State of New Jersey, including the provisions of Chapter 24 of Title 8 of the New Jersey Administrative Code.
[Amended 4-12-1994]
A. 
It shall be unlawful for any retail food establishment, mobile retail food establishment or temporary retail food establishment in this Township to operate without an issued and effective license, appropriate for the establishment, under this chapter.
B. 
No retail food establishment in this Township shall be issued a retail food establishment license under this chapter unless the establishment shall have in its possession and on display a current satisfactory inspection certificate from the Hunterdon County Board of Health, dated within 12 months of application for the license required by this chapter. No mobile retail food establishment or temporary retail food establishment in this Township shall be issued a license as such under this chapter unless the establishment shall have in its possession and on display a current satisfactory inspection certificate from the Hunterdon County Board of Health, dated contemporaneously with the proposed temporary use.
C. 
It shall be unlawful for any vending machine operator in this Township to operate any vending machine without an issued and effective vending license under this chapter.
D. 
No vending machine operator in this Township shall be issued a vending license under this chapter unless the operator shall have in its possession and on display a current satisfactory inspection certificate from the Hunterdon County Board of Health, dated within 12 months of application for the license required by this chapter.
[Amended 4-12-1994]
A. 
Each applicant for a regular retail, temporary retail or mobile retail food establishment license or a vending machine license shall complete and file with the Township Board of Health or its designated official an application on forms available from the Township Board of Health, providing all information required by said application is furnished. With the completed application, the applicant shall pay a nonrefundable fee to the Township Board of Health, as established in Chapter 188, Fees, Board of Health, for the following licenses:
[Amended 2-13-2003 by Ord. No. 2003-1; 11-8-2007; 5-13-2010 by Ord. No. BOH 2010-1 ]
(1) 
Retail food establishment license.
(a) 
Category 1 establishment: newsstand, pharmacy, liquor store, video store, and other establishment handling commercially prepared, prepackaged, nonpotentially hazardous foods as an incidental part of the business.
(b) 
Category 2 establishment: bed-and-breakfast which serves full breakfasts; agricultural market (where there is no food preparation) where potentially hazardous foods are offered for sale or where grocery food items account for 50% or more of the sales area.
(c) 
Category 3 establishment: all other regular retail food establishments.
(2) 
Vending machine license.
(3) 
Temporary or mobile retail food establishments:
(a) 
Temporary retail food establishment license or mobile retail food establishment license for an establishment operating for not more than three days.
(b) 
Temporary retail food establishment license or mobile retail food establishment license for an establishment operating for more than three days.
B. 
Notwithstanding the foregoing, a retail food establishment (whether regular, temporary or mobile) or a vending machine operator which is a public school or a nonprofit organization holding an exemption from payment of federal income tax issued by the United States Internal Revenue Service shall not be required to pay a license fee, but shall still be subject to the licensing and inspection requirements of this chapter, and the establishment or vending machine shall be conducted, operated and maintained in accordance with all other regulations regarding the establishment or vending machine. Any organization claiming to be exempt from the licensing fee provision of this chapter by virtue of such issued federal tax exemption shall provide to the Township Board of Health or its representative, with its application for the license, proof of the issuance of such exemption, including the exemption number.
C. 
If there is any material misrepresentation or omission in such application, a license issued on the basis thereof may be revoked or suspended.
D. 
As to an application for a vending machine license, the vending machine operator shall make certain that all vending machines on the premises of the applicant are open and available for inspection at one time, to facilitate simultaneous inspection of all vending machines to be licensed by the Township Board of Health or its designee. Otherwise, a separate application fee shall be charged for vending machines which are not open at one time for such inspection.
[Amended 4-12-1994]
A. 
As to temporary or mobile retail food establishment licenses, they shall remain in effect for no more than seven consecutive days.
[Amended 2-13-2003 by Ord. No. 2003-1]
B. 
As to other licenses, they shall be in effect until the end of each calendar year. New licenses shall be issued for the balance of the current calendar year. Renewal licenses may be applied for at any time within the last three months of a calendar year and shall be issued for the full calendar year next ensuing.
[Added 5-12-2011 by Ord. No. BOH2011-1]
A. 
A farmers' market shall be located on lands owned by this Township, shall be seasonal, and shall be supervised and operated, under the auspices of the Township, by the Farmers' Market Committee and Farmers' Market manager appointed pursuant to provisions under Chapter 80 of the Code of the Township of Holland.
B. 
The Farmers' Market Committee shall give advice to this Board of Health and report to it from time to time as established by procedures of this Board and the Farmers' Market Committee. Rules for the farmers' market, developed by the Farmers' Market Committee, shall be subject to approval by this Board of Health as well as approval by the Township Committee.
C. 
The farmers' market shall obtain a food establishment license, pursuant to this Chapter 190, as a temporary Category 2 food establishment (or as such other category and type of license as is determined to be appropriate by the Hunterdon County Health Department and this Board of Health). The Farmers' Market Committee and Farmers' Market manager shall:
(1) 
Compile and keep current a list of vendors at the market and forward such information to this Board and the County Department of Health;
(2) 
Be responsible for providing vendors at the farmers' market with information about and, as appropriate, applications for licenses for each of their operations which require licensing, and for forwarding such applications and fees for the license to the appropriate authority;
(3) 
Make vendors aware of and facilitate health inspections where required;
(4) 
Report health regulation violations they become aware of to this Board or the County Department of Health;
(5) 
Where a vendor is, by order of this Board or the County Department of Health, barred from the farmers' market, take steps to exclude the vendor from participation in the market.
D. 
Each market vendor shall comply with applicable regulations and orders of the state, the County Department of Health, and this Board of Health. Vendors shall also comply with the "Minimum Food Safety Requirements for Product Sales, Farm Markets and Community Farmers' Markets" of the New Jersey Department of Agriculture.
E. 
Market vendors shall obtain temporary food establishment licenses where required for a fee equivalent to the fee the Township must pay the County Department of Health for such license. (It is also understood that under rules established by the Farmers' Market Committee a vendor may be required to pay a fee for space at the market.)
[Amended 4-12-1994]
A. 
Any license issued under this chapter may be suspended or revoked by the Township Board of Health for the persistent violation by the licensee of any provision of this chapter which may endanger the public health, or where the license is being used for a purpose which is foreign to that for which it was issued.
B. 
A license issued under the terms of this chapter shall not be suspended or revoked until a hearing thereon is held by the Township Board of Health. Written notice of the time and place of such hearing, along with a statement of the reasons for the proposed suspension or revocation, shall be served upon the licensee at least 10 days prior to the date set for such hearing. Notice of such hearing shall be given either by personal delivery thereof to the person, firm or corporation to be notified at least 10 days prior to such hearing or deposited in the United States Post Office, postage prepaid, by certified mail, at least 13 days prior to such hearing and addressed to such person, firm or corporation at its address stated in its last application for a license or subsequently furnished in writing to the Township Board of Health. At the hearing before the Township Board of Health; the licensee aggrieved shall have an opportunity to answer and be heard upon the allegations advanced for suspension or revocation of the license. Upon due consideration and deliberation, the Township Board of Health may dismiss the charges or it may suspend or revoke the license held by the licensee.
C. 
If any such license shall have been suspended or revoked, neither the holder of such license nor any person, firm or corporation acting for the licensee, directly or indirectly, shall be entitled to another license to carry on the same business within the Township, unless the application for such license shall disclose such affiliation with the holder of the suspended or revoked license and shall be approved by the Township Board of Health.
A. 
Any person, firm or corporation who shall be convicted of operating, or permitting to be operated, a retail food establishment (whether regular, temporary or mobile) or a vending machine requiring a license hereunder without such license being issued and in effect shall be fined a sum of $5 to $500, in the discretion of the court in which the conviction was imposed. The provisions of this chapter shall be enforced by the Township Board of Health or its designated representative (which may include the Hunterdon County Board of Health).
[Amended 4-12-1994]
B. 
The provisions of this chapter shall be enforced by the Township Board of Health or its designated representative, which may include the Hunterdon County Board of Health.
A prior ordinance of this Board of Health establishing a fee for the licensing of retail food-handling establishments, adopted in 1985, is hereby repealed.