For the purposes of this article, the terms used herein are defined as follows:
APPROVED
Any article of food or drink, a source of food or drink, a method, a device or a piece of equipment which meets the requirements of this Board or the State Department of Health.
EMPLOYEE
Any person who handles food or drink during preparation or serving or who comes in contact with any eating or cooking utensil or who is employed in a room in which food or drink is prepared or served, including the term "person" as further defined.
ENFORCING OFFICIAL
The Health Officer or other official possessing a license issued by the State Department of Health under the provisions of N.J.S.A. 26:1A-41 who is designated by the Board of Health to enforce this chapter, except plumbing inspectors and public health laboratory technicians.
FOOD
All confectionery and every article used as food or as drink for human consumption, and all articles used for components of any such article.
PERSON
An individual, firm, corporation, association, society or partnership and its agents or employees.
RETAIL FOOD-HANDLING ESTABLISHMENTS
Restaurants, taverns, box-lunch establishments, bakeries, meat markets, delicatessens, luncheonettes, caterers, soda fountains, food-vending vehicles, grocery stores 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 purposes is available for public use.
SALE
Every delivery of food, whether the same is by direct sale or the solicitation or acceptance of an order for food, including the exchange, barter, traffic in, keeping and exposing for sale, displaying for sale, serving with meals, delivering for value, peddling, possessing with intent to sell and the gratuitous delivery or gift of any food by any licensee or person to whom a food certificate has been issued or by any other person.
SANITIZE
The process of rendering eating or drinking utensils free from disease-producing bacteria so that they have been cleansed and disinfected as to have a total bacterial count of not more than 100 per utensil when sampled in accordance with approved methods in an approved laboratory.
UTENSILS
Any kitchenware, tableware, glassware, cutlery, containers or other equipment with which food or drink comes in contact.
A. 
No person shall conduct, maintain or operate a food establishment without first obtaining from this Board a license, certificate, permit, or license so to do.
B. 
Fees in accordance with the following schedule shall be paid before any license required in this chapter shall be issued, except that payment of a fee may be waived by the Board of Health at its discretion for any municipal facility, church, school or building which does not receive any remuneration for the dispensing of food or drink upon receipt of a written application for fee waiver from the person conducting, maintaining or operating such an establishment:
[Amended 2-5-2009 by Ord. No. 09-01-01; 5-5-2016 by Ord. No. 16-03-01 (Board of Health); 3-2-2017 by Ord. No. 17-01-01 (Board of Health); 8-6-2020 by Ord. No. 20-03-02 (Board of Health); 8-3-2023 by Ord. No. 23-05-01(Board of Health)]
Type
Fee
Retail establishments which sell food (under 10,000 square feet)
$150
Retail establishments which sell food (over 10,000 square feet)
$300
Restaurants - fewer than 50 seats
$100
Restaurants - over 50 seats
$300
Ice cream and itinerant food-handling establishments
$100
Commercial accommodations providing food (under 5,000 square feet)
$50
Commercial accommodations providing food (over 5,000 square feet)
$300
Vending (per machine)
$35
Milk distributors
$5
Temporary license (good for 24 hours only)
$75
Annual license for special events (up to 3 in same calendar year)
$150
Permanent cosmetic establishments
$200
Commercial kitchen
$85
Licensed commercial kitchen (vendor at events)
$50
Permanent cosmetic establishments
$200
Commercial kitchen
$100
Licensed commercial kitchen vendor
$75
C. 
There is hereby established a fee for reinspection of any retail food establishment receiving a posting of conditional satisfactory or unsatisfactory in the amount of $200 (first conditional or unsatisfactory posting); $500 (second conditional or unsatisfactory within 12 months); and written notification that an additional conditionally satisfactory or unsatisfactory within the twelve-month period would result in a two-day suspension of the food license. If during the twelve-month period a third rating of conditionally satisfactory or unsatisfactory is issued, then a two-day suspension of the retail food license immediately after the rating is given, and a four-day suspension of the retail food license immediately after the fourth conditional or unsatisfactory within 12 months. This is in recognition of the fact that repeated conditionally satisfactory, and unsatisfactory ratings represent a hazard to the public health and repeat inspections are costly. The repeat inspections and cost reimbursement fees shall not in any way preclude, preempt, interfere with or be a substitute for legal action in the courts or before the Board of Health to assure correction of the violations. Such fees are in addition to the annual license fee and shall not be considered penalties, but such fees shall be charged and shall be paid to offset the costs and expenses of such reinspection by the Board of Health.
[Amended 12-1-2022 by Ord. No. 22-09-02 (Board of Health)]
D. 
The cost of laboratory tests required because of a complaint or suspected food illness or a retest required because of unsatisfactory results on the prior test shall be assessed to the retail food establishment or added onto the annual license fee. This is in recognition that the food establishment license fees established by this Code are not adequate to cover additional costs incurred by the regulatory agency as a result of such tests.
E. 
A person conducting an itinerant retail food establishment shall secure a license.
F. 
Licenses issued under the provisions of this article, unless sooner forfeited or revoked by this Board, shall expire annually on the 31st day of March of each year. A late fee of $50 per month shall be assessed for each month or portion thereof a license is renewed after April 30th.
G. 
A license may be suspended or revoked for a violation by the holder of any provisions of this article or chapter after an opportunity for a hearing by this Board or its authorized representative.
H. 
No license is transferable by sale or otherwise.
I. 
Such license shall be posted in a conspicuous place in such establishment or, if an itinerant establishment, shall be readily available for display.
J. 
All fees for licenses shall be paid to the Board of Health.
K. 
Any person applying for a temporary food license shall submit the application to the Borough of Fanwood no less than 10 days prior to the event. No application shall be accepted after this deadline.
[Added 8-3-2017 by Ord. No. 17-05-02 (Board of Health)]
L. 
Only items that were submitted on the temporary license application and preapproved by the Health Department shall be sold during a temporary event.
[Added 8-3-2017 by Ord. No. 17-05-02 (Board of Health)]
The enforcing official may take and examine samples of food, drink and other substances in accordance with Chapter XII, Regulation 9.4, of the New Jersey State Sanitary Code.
The enforcing official shall inspect every retail food-handling establishment in accordance with Chapter XII, Regulation 9.2, of the New Jersey State Sanitary Code.
Retail food-handling establishments shall comply with the rules and regulations as set forth in Chapter 12 of the New Jersey State Sanitary Code, Construction, Operation and Maintenance of Retail Food Establishments.
Refer to Regulation 9.6 in Chapter 12 of the New Jersey State Sanitary Code.
Refer to Regulation 9.4 in Chapter 12 of the New Jersey State Sanitary Code.
A. 
Definitions. As used in this section, the following terms shall have the meanings indicated:
FOOD
Includes any substance used or intended to be used as food or drink for human consumption.
FOOD HANDLERS' CERTIFICATION
A certificate issued by the Board of Health of Fanwood or any other agency recognized by the Board of Health of Fanwood.
SUPERVISOR
Any person charged with the responsibility of overseeing the operations, including the supervision of employees engaged in the preparing, processing and sale of food or drink intended for human consumption, be it for on- or off-premises consumption.
B. 
Certificate required.
(1) 
No establishment shall be open for business in the preparing, processing and sale of food or drink intended for human consumption without having a supervisor on the premises who has a food handler's certificate.
(2) 
In the event that such establishment operates 24 hours a day, at least one person on each shift shall complete the aforesaid course.
(3) 
The food handler's certificate shall not be issued or granted to any person unless the person seeking such food handler's certificate shall have first completed an approved course of general instruction in health education, sanitation, personal hygiene, food protection, dishwashing procedures and other related health matters.
C. 
Application for certificate; course.
(1) 
No establishment shall operate for more than 90 days without the supervisors employed in that establishment applying for a food handler's certificate.
(2) 
No establishment shall operate for more than six months without the supervisors employed in that establishment completing an approved course of instruction in food-handling techniques.
D. 
No person to whom a food handler's certificate is issued or granted shall give, loan, transfer or permit the same to be used by any other person, for any purpose whatsoever.
No person in charge of or in control of any park, playground, railroad station, theater, hotel, boardinghouse, factory or any other public place shall furnish or permit any common drinking cup or utensil to be used.