[HISTORY: Adopted by the Board of Health
of the Borough of Kinnelon 6-15-2022 by Ord. No. BH01-2022.[1] Amendments noted where applicable.]
[1]
Editor's Note: This ordinance also repealed former Ch. 219,
Food Establishments and Food and Beverage Machines, Retail, adopted 9-14-2011 by Ord. No.
BOH 1-2011, as amended.
The Borough of Kinnelon hereby adopts in its entirety the provisions
of N.J.S.A. 26:1A-1 through 26:1A-7 et seq. and the provisions of
N.J.A.C. 8:24-1.1 through 8:24-14.14, and the amendments and supplements
thereto.
No person shall operate a retail food establishment or food
and beverage machine unless a license to operate the same shall be
issued by the Borough Department of Health.
There shall be a fee established for a license or license approval
issued pursuant to this chapter. Retail food establishment licenses
and associated fees shall be defined as follows:
A.
Risk Type 1 food establishment.
(1)
"Risk Type 1 food establishment" means any retail food establishment
that:
(a)
Serves or sells only pre-packaged, non-potentially hazardous
foods;
(b)
Prepares only non-potentially hazardous foods; or
(c)
Heats only commercially processed, potentially hazardous foods
for hot holding and does not cool potentially hazardous foods. Such
retail establishments may include, but are not limited to, convenience
store operations, hot dog carts, and coffee shops.
(2)
Annual fee: $100.
B.
Risk Type 2 food establishment.
(1)
"Risk Type 2 food establishment" means any retail food establishment
that has a limited menu and:
(a)
Prepares, cooks, and serves most products immediately;
(b)
Exercises hot and cold holding of potentially hazardous foods
after preparation or cooking; or
(c)
Limits the complex preparation of potentially hazardous foods,
including the cooking, cooling, and reheating for hot holding, to
two or fewer items. Such retail establishments may include, but are
not limited to, retail food store operations, schools that do not
serve a highly susceptible population, and quick service operations,
depending on the menu and preparation procedures.
(2)
Annual fee: $200.
C.
Risk Type 3 food establishment.
(1)
"Risk Type 3 food establishment" means any retail food establishment
that:
(a)
Has an extensive menu which requires the handling of raw ingredients
and is involved in the complex preparation of menu items that includes
the cooking, cooling, and reheating of at least three or more potentially
hazardous foods; or
(b)
Prepares and serves potentially hazardous foods, including the
extensive handling of raw ingredients, and whose primary service population
is a highly susceptible population. Such establishments may include,
but are not limited to, full-service restaurants, diners, commissaries,
and catering operations; or hospitals, nursing homes, and preschools
preparing and serving potentially hazardous foods.
(2)
Annual fee: $400.
D.
Risk Type 4 food establishment.
(1)
"Risk Type 4 food establishment" means a retail food establishment
that conducts specialized processes such as smoking, curing, canning,
bottling, acidification designed to control pathogen proliferation,
or any reduced-oxygen packaging intended for extended shelf life where
such activities may require the assistance of a trained food technologist.
Such establishments include those establishments conducting specialized
processing at retail.
(2)
Annual fee: $400.
E.
Mobile food vendor.
(1)
"Mobile food vendor" means any person who sells, or offers, solicits
or displays for sale, or disposes of or delivers or purveys any box
lunches, sandwiches, coffee, tea, ice cream, ice cream product, water
ices, frozen water products or frozen confectionery products or other
food or nonalcoholic beverages suitable for immediate consumption,
in or from any wagon, automobile or other vehicle of any kind, which
vehicle shall be stationary in the area only for such period of time
as is necessary to complete sales transactions with customers, not
to exceed 30 minutes at any given location in one day.
(2)
No person shall sell, or offer, solicit or display for sale, or dispose
of, deliver or purvey any box lunches, sandwiches, coffee, tea or
other food or nonalcoholic beverages intended for human consumption
unless the box lunches, sandwiches, coffee, tea or other food or nonalcoholic
beverages have been prepared in a restaurant, kitchen or establishment
either licensed by the Borough or other public health agency.
(3)
Trucks, wagons, carts or other vehicles used in the delivery of box
lunches, sandwiches, coffee, tea or other food or nonalcoholic beverages
shall be of a sanitary type approved by the Borough Health Officer
or designee and shall be kept clean and sanitary at all times. All
food shall be packaged in an approved and inspected kitchen, restaurant
or establishment preparing the same, and the packages shall not be
opened by the seller at any time.
(4)
Annual fee: $50.
F.
Temporary retail food establishment.
(1)
"Temporary retail food establishment" means any retail food establishment
including mobile retail food vehicles, wagons, trucks, trailers or
carts which operates at a fixed location for a temporary period of
time, not to exceed seven days, in connection with a fair, carnival,
circus, public exhibition or similar organizational meetings.
(2)
The license fee for a temporary retail food establishment: $50. This
fee shall be waived for a bona fide nonprofit, civic, veteran and/or
religious organization. This waiver shall not apply to any independent
food vendor participating in an event sponsored by a nonprofit organization.
G.
Vending machine.
(1)
"Vending machine" means any self-service device which, upon insertion
of a coin, paper currency, token, card, key or by any other means,
dispenses unit servings of food, either in bulk or in packages, without
the necessity of replenishing the device between each vending operation.
H.
Nonprofit food establishment.
(1)
"Nonprofit" means any food establishment which has been provided
with a federal Internal Revenue Service tax exemption number and prepares
or handles food and drink and serves to the general public; and any
school food establishment operated by employees of the Kinnelon Board
of Education.
(2)
Annual fee: $0.
I.
Farmer's market.
(1)
"Farmer's market" is a public and recurring assembly of food
vendors that includes farmers or their representatives who are selling
food grown, raised and/or harvested or prepared, produced and/or packaged
from the food grown, raised or harvested by the farmer directly to
consumers. To comply with New Jersey health regulations, prepared
foods must be prepared in licensed, inspected kitchens, meet all other
requirements of N.J.A.C. 8:24 and comply with the provisions set forth
in this chapter. Farmers may be highlighted or central to the event,
but the organizer may invite any number of other food or non-food
vendors to participate in the event.
(2)
Farmer's market vendor's license required; fees; expiration.
(a)
Those farmers, their representatives and other food vendors
approved by the farmer's market organizer who sell food or beverages
in any form for human consumption, may not participate, sell, carry
on, conduct or operate within the farmer's market without first
obtaining a farmer's market vendor's license from the Health
Officer or his/her designee.
(b)
The annual license fee for a farmer's market vendor's
license shall be $50. The licensing fees set forth in this chapter
shall be waived for those farmer's market vendors who sell only
fresh, whole, uncut produce or are bona fide civic, veteran, religious
and/or nonprofit organizations.
(c)
The farmer's market vendor's licenses granted by the
Health Officer shall expire on the 31st day of December of each year.
(d)
The farmer's market vendor's license shall authorize
a vendor to participate and operate at that specific farmer's
market conducted at the same location and by the same organizer within
the annual license period.
(3)
Application for a farmer's market vendor's license shall
be submitted on forms furnished by the Health Officer or his/her designee.
The application shall be accompanied by:
(a)
The license fee in cash, check or money order.
(b)
The vendor's business/organization name, address, phone
number, email address and name of contact person.
(c)
All required documentation specified on the license application
and any additional information needed to verify compliance with N.J.A.C.
8:24 and the provisions of this chapter.
(d)
Letter verifying approval from the event organizer confirming
they are authorized to participate as a vendor at the event.
(4)
Issuance of farmer's market vendor's license; contents;
expiration.
(a)
The farmer's market vendor's license shall be granted
by the Health Officer or his/her designee.
(c)
The term of the license shall be for a maximum of one calendar
year commencing on January 1 or the first day a vendor is in attendance
at the event and expiring December 31.
(d)
The farmer's market vendor license shall only be valid
for a single, multi-date event conducted at the same address/location
and by the same sponsoring organization.
(5)
License not transferable; display of license and inspection placard.
(a)
A farmer's market vendor's license issued under this
chapter shall not be transferable to any other person, organization,
group, business or corporate body and is not valid at any other address/location.
(b)
The issued Farmers Market Vendor's License shall be conspicuously
displayed at all times by the vendors at the vendor's assigned
location within the market.
(c)
The health inspection placard shall be conspicuously displayed
at all times by the vendors at the vendor's assigned location
within the market.
(6)
Maintenance of licensee's assigned space; disclosure of source
of produce, food, and beverages.
(a)
The farmer's market vendor licensee shall keep their assigned
location neat, clean and sanitary clean at all times. Garbage and
refuse must be properly contained and removed from the premises daily.
(b)
The vendor must conspicuously display signage for public view
that discloses the source from which the vendor obtained all produce,
eggs, honey, bulk beverages and juices, smoked, cured or raw meats
and the primary ingredients of soups, quiches and baked goods. The
signage must be clearly legible in English with lettering in a larger
font size of no less than 1/4 inch.
Licenses issued pursuant to this chapter shall expire annually
on December 31 of each year, and the fee therefor shall not be prorated
from the date of issuance. Applications for renewal thereof shall
be submitted, together with the required fee, prior to December 15
of each year.
Licenses issued pursuant to this chapter shall not be transferrable,
nor shall they be construed as authorizing the licensee or licensees
to carry on the business at any place other than that specified in
the license itself.
Licenses issued pursuant to this chapter may be revoked by the
Borough Board of Health for any good or sufficient reason, provided
that due notice shall be given to the licensee, and a hearing held
before the Board of Health, at which time an opportunity shall be
afforded the licensee to show cause why the license should not be
revoked.
Every establishment must post the most current evaluation placard
according to the following requirements:
A.
The evaluation placard must be posted in one of the following prominent
locations clearly visible to the patron:
(1)
The main entrance door from four to six feet off the ground or floor;
(2)
A front window within five feet of the main entrance;
(3)
A display case mounted on the outside wall within five feet of the
main entrance;
(4)
If there is no direct entrance to the street, the Health Department
shall determine an appropriate posting location in prominent public
viewing.
Fees for the reinspection of any retail food establishment which
is necessitated by a conditional or unsatisfactory rating given to
a retail food establishment shall be an amount equal to the annual
license fee for that establishment. The establishment shall be subject
to the reinspection fee for each reinspection performed until the
establishment is returned to a satisfactory rating.
All ordinances of the Board of Health of the Borough of Kinnelon
which are inconsistent with the provisions of this chapter are hereby
repealed as to the extent of such inconsistency.
This chapter shall take effect immediately upon final passage,
approval, and publication as provided by law.
