As used in this chapter, the following terms shall have the meanings indicated:
RETAIL FOOD-HANDLING ESTABLISHMENTS
Includes restaurants, taverns, box lunch establishments, bakeries, meat markets, delicatessens, luncheonettes, caterers, soda fountains, food vending vehicles, and any other place in which food or drink is prepared or stored for public consumption, distribution, or sale at retail, including vehicles used in connection therewith and all places where water for drinking or culinary purpose is available for public use.
A. 
The enforcing official may take and examine samples of food, drink, and other substances as often as he deems necessary for the detection of unwholesomeness, adulteration or contamination. At the time such samples are taken, a receipt shall be delivered to the person in charge of the retail food-handling establishment.
B. 
The enforcing official may forbid the sale or use of any food or drink which is, or is suspected of being unwholesome, adulterated or contaminated.
C. 
The enforcing official may forbid the use of any equipment or utensils which have not been properly sanitized or which in his opinion may lead to the adulteration or contamination of any food or drink which it may contact.
The enforcing official shall inspect as often as he deems necessary every retail food-handling establishment. The person operating a retail food-handling establishment shall permit access to all parts of the establishment and shall make available all records of food purchased upon request of the enforcing official.
Retail food-handling establishments shall comply with the following requirements of sanitation unless falling within a class of establishment specifically exempted by official action of the Board of Health.
A. 
The premises of all retail food-handling establishments shall be kept clean and free of litter or rubbish. None of the operations connected with a retail food-handling establishment shall be conducted in any room used as living or sleeping quarters. Adequate lockers or dressing rooms shall be provided for employee's clothing and shall be kept clean. Soiled linens, coats and aprons shall be kept in containers provided for this purpose. Signs shall be posted in each toilet and other rooms used by employees and in the kitchen indicating the requirements for washing the hands, arms and other exposed surface of the body which may contact food after a bodily function or some other contaminating contact.
B. 
The floors, walls, ceilings, shelving, partitions, windows, doors and other surfaces shall be made of or coated with a washable surface material which shall be kept clean and in good repair in those rooms in which food or drink is stored, prepared or served, or in which utensils are washed or in which toilet and lavatory facilities are provided. Every room of a retail food-handling establishment shall be properly lighted, drained, plumbed, ventilated, and be kept free of insects, vermin and other animals.
C. 
Running hot and cold water under pressure shall be easily accessible to or in all rooms in which food is prepared or utensils are washed. The water supply system shall be adequate as to quantity and quality and meet the standards prescribed by the State Department of Health of New Jersey and this Board of Health.
D. 
Every retail food-handling establishment shall be provided with adequate and conveniently located toilet facilities. The doors of all toilet rooms shall be self-closing. In case privies or earth closets are permitted and used, they shall be separate from the retail food-handling establishments and shall be of a sanitary type constructed and maintained in a manner approved by the Board of Health.
E. 
Adequate and convenient hand-washing facilities shall be provided, including hot and cold running water, soap and approved sanitary towels or air hand-drying facilities. The use of a common towel is prohibited. Employees shall not resume work after using the toilet room or subjecting the hands to other contaminating contact without first washing the hands and arms.
F. 
All garbage, refuse, trash and other wastes shall be kept in suitable receptacles and disposed of in such manner as not to constitute a health hazard or nuisance.
G. 
All plumbing and waste disposal equipment shall be so designed, installed, maintained and utilized in such manner as to prevent contamination of the water supply, food, drink, or equipment.
H. 
All multiuse utensils, show and display eases, windows, counters, shelves, tables, refrigerating equipment, sinks and other equipment or utensils used in connection with the operation of a retail food-handling establishment shall be so constructed as to be easily cleaned, shall be kept in good repair and shall be kept clean and free from dust, dirt, insects, chemicals and other contaminating material. Utensils containing or plated with cadmium, lead or other toxic material shall not be used.
I. 
All clothes used by waiters, chefs and other employees and persons shall be clean.
J. 
All individually used multiuse utensils shall be effectively sanitized after each usage. All multiuse utensils used in the preparation or serving of food and drink shall be effectively sanitized as often as necessary and properly stored until used.
K. 
No article, polish or other substance containing any cyanide preparation or other poisonous material shall be used for the cleaning or polishing of utensils.
L. 
Single-service utensils shall be purchased only in original protective containers, shall be stored therein in a clean dry place in order to protect the inner and contact surfaces from contamination prior to use by the ultimate consumer of the food or drink. Single service containers shall be used only once.
M. 
After utensils are sanitized they shall be stored in a clean dry place protected from flies, dust and other contamination, and shall be handled in such manner as to prevent contamination.
N. 
All food and drink shall be kept clean, wholesome, free from spoilage, free of added toxic materials of all types and shall be so prepared as to be safe for human consumption.
O. 
All perishable food and drink shall be kept at or below 50º F. or above 150º F. except when being prepared or served: such temperatures shall be maintained while in vehicles used for transporting same. Hot prepared food and drink may be air-cooled down to 150º F., but for holding and storage below the point of 150º F. the food and drink must be reduced to a temperature of 50º F. or lower in a period not to exceed one hour.
P. 
Foods and containers of food shall be stored in the refrigerator as to permit free circulation of cold air and in such manner as to prevent contamination. Fresh meats shall be so stored that juices cannot drip upon other foods. To promote rapid cooling, sandwich, and salad mixtures and chopped, cut, boned, or left-over food shall be stored in the refrigerator in shallow containers not to exceed three inches in food depth or by such other satisfactory means that will insure prompt cooling of the whole mass to a temperature of 50º F. or lower within one hour.
Q. 
All milk, fluid milk products, ice cream and other frozen desserts served shall be from approved sources and must be pasteurized.
R. 
Milk and fluid milk products shall be served in the individual original containers in which they were received from the distributor or from a bulk container equipped with an approved dispensing device.
S. 
All poultry, meats, oysters, clams and mussels purchased shall be from approved sources.
T. 
Pork products when served must have been heated to a temperature of 137º F. or be approved for direct sale and consumption without further heat treatment at time of manufacture or by subsequent heating, drying or freezing at the retail-food handling establishment by an approved method.
U. 
All food and drink and the food and contact surfaces of utensils used to store, prepare or serve same shall be protected from adulteration and contamination by pesticides, human, animal and rodent discharges of all types, and contamination by dirt, dust, droplets, condensate and leakage of overhead structures and pipe.
V. 
All employees shall wear clean outer garments and shall keep their hands and arms clean at all flames while engaged in handling food, drink, utensils or equipment; they shall not expectorate or use tobacco in any form in rooms in which food is prepared. Employees with open lesions or cuts on hands shall not handle or be permitted by any person to handle food. Employees with acute respiratory and acute intestinal illnesses or other diseases in a communicable stage shall not be permitted to work on the premises during the period of such illness.
W. 
All retail food-handling establishments shall be operated in a compliance with the provisions of Title 24 of the Revised Statutes of New Jersey.
A. 
The enforcing official having reason to believe that any retail food-handling establishment is or may be a source of food-borne infection shall advise the owner, manager or employees thereof accordingly and order appropriate action to be taken which will eliminate the source of infection. In the event such action is not taken immediately, he may order such establishment to be closed and post a statement in a conspicuous place at the entrance thereof, stating "The sale of food or drink by this establishment is forbidden — Board of Health," which order shall be effective and statement shall remain posted until the action ordered to eliminate the source of food-borne infection has been completed.
B. 
The enforcing official who believes an employee of any retail food-handling establishment is ill or infected with a disease, or may be a carrier of a disease, which may be transmitted through food, may order him or her to leave the establishment and refrain from returning to work in or about such establishment and order the employer to prohibit such employee from returning to work, until permission is granted to return by the local health officer or Board of Health.
No person shall conduct, maintain or operate a food establishment without first obtaining from this Board a license so to do. Such license may be issued by this Board upon written application therefor and payment of a fee of $5. Every such license so issued shall expire on March 1 of the year following the date of its issuance.
Any person who shall violate any section or part of a section of this article shall be subject to a penalty of not less than $10 and not more than $100, upon conviction thereof in the Municipal Court of Middlesex. Each day or part thereof during which such violation shall continue, shall constitute a separate offense.