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 12-19-2017 by Ord. No. 15-17]
The code established and adopted by this chapter is in addition to the New Jersey Sanitary Code, Chapter
24, Sanitation in Retail, Food Establishments and Food and Beverage Vending Machines, and is referred to in same.
[Amended 12-19-2017 by Ord. No. 15-17]
Three copies of this chapter as well as the said State of New Jersey Sanitary Code, Chapter
24, Sanitation in Retail, Food Establishments and Food and Beverage Vending Machines, have been placed on file in the office of the Secretary of the Maywood Board of Health upon introduction of this chapter and will remain on file there until final action is taken on this chapter for the use and examination of the public.
[Amended 12-19-2017 by Ord. No. 15-17]
Any person who violates any provision of, or
order promulgated under, this chapter shall, upon conviction thereof,
be liable to a penalty of not less than $50 nor more than $1,000 for
each violation. Each day a particular violation continues may constitute
a separate offense.
[Added 3-11-2014 by Ord. No. 5-14]
A. License required. No person, persons, firm or corporation shall operate
a temporary food establishment within the limits of the Borough of
Maywood or permit the operation of any of the same of the premises
or property unless and until a license therefor is first obtained
from the Department of Health.
(1) Temporary food establishment license. The person, persons, firm or
corporation responsible for organizing and running a special event
involving the serving of food to the public, whether with or without
charge, including carnivals, circuses, picnics, fairs and similar
events, shall apply for and obtain a temporary food establishment
license.
(2) A temporary food establishment license shall be required for each
individual stand, kiosk, booth, table or similar conveyance at the
special event from which food will be served to the public. It shall
be the duty of the temporary food license applicant to apply for and
obtain all temporary food establishment licenses necessary for the
event. The temporary food establishment licensee shall ensure that
only licensed temporary food establishments operate at this event.
B. Application for temporary food establishment. The person, persons,
firm or corporation responsible for organizing and running a special
event involving the serving of food to the public shall apply, in
writing, on forms promulgated and supplied by the Department of Health.
Such forms shall be duly verified by the applicant. The applicant
shall set forth:
(1) The name, permanent addresses and telephone number of the person,
persons, firm or corporation who shall serve as the temporary food
establishment licensee and who shall be responsible for organizing
and running a special event involving the serving of food to the public.
(2) If the applicant is a corporation, partnership, LLP or LLC, provide
the name and address of its registered agent.
(3) The full name, location, date(s), and rain date(s) for the special
event.
(4) A list for all temporary food establishments which will be operating
at the event, and the name, permanent address and telephone number
for the person, persons, firm or corporation who will be operating
each temporary food establishment, along with a list of foods which
will be prepared and served at the establishment.
C. Investigation required prior to issuance of licenses. Upon receipt
of an application for a special event in which food will be served
to the public, the Department of Health shall conduct an investigation
into the plans for preparation and serving of the food, including
qualifications of food handlers and the type of equipment to be used.
Upon preliminary satisfactory evidence of compliance with this section
and N.J.A.C. 8:24-11 et seq., the Department of Health shall issue
a temporary food establishment license. Based on the registered environmental
specialist's investigation, a food handlers certificate may be
necessary in order to obtain a temporary license. All applications
for special event temporary food establishment licenses must be completed
and submitted to the Department of Health at least 14 calendar days
before the event.
D. Fees.
(1) The following license fees shall be made payable to the Borough of
Maywood:
(a)
Temporary food establishment license for non-potentially hazardous
foods: $25.
(b)
Temporary food establishment license for a one-day event: $25.
(c)
Temporary food establishment license for a two- to three-day
event: $75.
(d)
Temporary food establishment license for an event lasting four
days or more: $100.
(e)
Duplicate temporary license fee: $25.
(2) No license fees, late fees, or duplicate fees shall be charged to
public schools, charitable or nonprofit organizations.
(3) Fees for licenses issued under this section shall be made payable
to the Borough of Maywood by the applicant in cash, cashier's
check or money order.
E. Transferability of license. Licenses, once issued by the Department
of Health, shall not be transferable to another event, location, person
or entity, or date.
F. Temporary food license display. The temporary food license shall
be posted in a conspicuous place where it may be readily observed
at eye level by all patrons on the stand, kiosk, booth, table, or
other similar conveyance during the length of the establishment's
operation. No portion of the license shall be obstructed from view
during display. It shall be unlawful for any person to erase, cancel,
deface, or alter any license once it has been issued by the Department
of Health.
G. Violations and penalties. Any person, persons, firm or corporation
holding a temporary food establishment who or which shall violate
any provision of this section or fail to comply therewith shall severally,
for each and every such violation and noncompliance, forfeit and pay
a penalty of not less than $100 nor greater than $500, the exact amount
to be left to the discretion of the magistrate before whom the complaint
is made. The imposition of a penalty for a violation of this section
shall not excuse the violation or permit it to continue; such violation
shall be remedied within a reasonable time or the license shall be
revoked without refund. The imposition of the above penalty shall
not be held to prevent the enforced compliance with the provision
of this section.
H. Enforcement. This section will be enforced by the local registered
environmental health specialist.