This article establishes a code to control food to make it safe, no
matter where it is prepared in the Borough. It addresses various rules, regulations
and licensing procedures and adopts by inclusion N.J.S.A. 24:2-1.
The Borough of New Providence hereby adopts by reference, as if incorporated
verbatim herein, the provisions of the following codes, and as amended thereafter
and as may from time to time be amended.
A.
Chapter XII of the State Sanitary Code "Sanitation In
Retail Food Establishments" and "Food and Beverage Vending Machines" (July
6, 1995) (N.J.A.C. 8:24-1 et seq.)
B.
N.J.A.C. 24:2 "Dented Cans", "Salvage or Distressed Foods",
"Alcohol and Non-Alcoholic Beverages" and "Industrial Mishandling" (March
17, 1978).
C.
N.J.A.C. 21:7.1 at seq. "Rules and Regulations Governing
Frozen Desserts" (January 1, 1986).
D.
N.J.S.A. Title 24 "Food and Drug".
In addition to the above-noted codes, the following local rules and
regulations shall apply.
No food establishment or drug dispensary shall operate without obtaining
the proper license as prescribed by the Board of Health.
A.
The Registered Environmental Health Specialist may examine
and take samples of food as often as necessary. He/she shall deliver a receipt
to the person in charge of the place from which the same is taken.
B.
The cost of laboratory tests required because of a complaint
or suspected food poisoning, or a retest required because of unsatisfactory
results on a prior test, shall be assessed to the food dispensary or license
holder.
The Registered Environmental Specialist may forbid the sale or use,
and authorize the seizure of any food which is, or is suspected of being,
unwholesome, adulterated or contaminated.
In instances where the Registered Environmental Specialist finds food
of any kind on sale or display in a condition or of a quality which he/she
deems unfit for human consumption, he/she may order the owner to cease its
continued sale or display and dispose of it in a manner provided by the State
Sanitary Code or regulation or as he/she may direct. Neither the Registered
Environmental Specialist nor the Board of Health shall be liable for the value
of any food that shall been condemned and destroyed; and the person responsible
for having sold or offered for sale such unfit food may be prosecuted at the
direction of the Board.
The Registered Environmental Health Specialist shall inspect every food
establishment at least once a year. More frequent inspections may be deemed
necessary by the Regional Environmental Specialist or the Board of Health.
The person operating a food establishment shall permit access to all parts
of the establishment and make available all records of food purchased and
services rendered to the Regional Environmental Specialist.
Whenever an initial periodic inspection results in a rating other than
satisfactory, the licensee shall pay a reinspection fee equal to the amount
of its annual operating license. Reinspections can be conducted as frequently
as daily until a satisfactory rating is achieved. Each consecutive reinspection
shall carry the same fee. The repeat inspections and cost reimbursement fees
shall not in any way preclude, preempt, interfere or be a substitute for legal
action in the court to assure correction of the violations.
The Registered Environmental Health Specialist, if he/she believes a
food establishment may be a source of foodborne infection, shall advise the
person in charge and order action to eliminate it. If the action is not taken,
he/she may order the establishment closed and post a statement at the entrance,
stating: "The sale of food or drink by this establishment is forbidden...Board
of Health", which order shall be effective and remain posted until the action
ordered has been completed to his/her satisfaction. If the Registered Environmental
Health Specialist believes that any person in a food establishment is a carrier,
he/she may order the person to leave the establishment and order he/she not
return until permission is granted by the Registered Environmental Health
Specialist or the Board of Health.
Food shall not be commercially displayed, stored or exposed on the sidewalk
or outside any building. Agricultural markets for seasonal food not requiring
refrigeration and maintained in a sanitary condition may be permitted in accordance
with Subchapter 8 of the State Sanitary Code.
No person or animal shall live or sleep in any food or drug establishment
or any room where food is prepared, packed, distributed, stored, sold or served.
Every part of a building of a food or drug establishment shall be properly
lighted, drained and ventilated, and the purity and wholesomeness of the food
and drug therein dealt with shall not be impaired; and all portions of the
premises shall conform to the specification set forth in the applicable ordinances
of the municipality and the state codes and laws applicable.
A.
Fishery products which are not cooked throughout to at
least 140° Fahrenheit must, before serving or offering for sale in ready-to-eat
form, be blast frozen to -31° F. or below for 15 hours, or be regularly
frozen to -10° F. or below for 168 hours, which is seven days, so as to
kill worm parasites.
B.
Fishery products that are purchased in the frozen state,
that will be served raw or undercooked, shall be purchased with a "supplier's
guarantee," as described in the Code of Federal Regulations, Title 21, § 7.12
and 7.13.
D.
Records which establish that fishery products were appropriately
frozen must be retained for the Regional Environmental Specialist's review
for a period of not less than 90 days.
E.
All establishments offering for sale sushi or other undercooked
fish products are to maintain copies of a consumer education notice which
is to be provided to the customer upon their request.
