[HISTORY: Adopted by the Mayor and Council of the Borough of Palmyra as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Board of Health — See Ch. 24.
Retail food establishments — See Ch. 292.
[Adopted 8-9-2004 by Ord. No. 2004-12]
The Burlington County Health Department shall be the administrative authority to exercise the power prescribed by this article.
The Borough of Palmyra, pursuant to the authority contained in N.J.S.A. 26: 3-69 through 26: 3-69.6, does hereby adopt the new rules and standards governing food manager training as an ordinance operative within the Borough regulating training for managers of potentially hazardous food-handling establishments.
The provisions adopted by this article are described and commonly known as "food manager training."
The provisions hereinafter contained and enacted are in pursuance of and for the purpose of:
A. 
Protecting and promoting the public health and general welfare of persons in the Borough of Palmyra; and
B. 
Preventing food-borne illness in food establishments due to improper food handling, sanitation and safety.
As used in this article, the following terms shall have the meanings indicated:
FOOD
Any food, food products, drink or drink product, wholly or partially prepared, meant for human consumption.
FOOD MANAGER
Any person who owns or is employed by a wholesale or retail food establishment who directs, oversees and supervises the procedures used by the establishment to prepare and store food that is served and/or purchased by the general public.
POTENTIALLY HAZARDOUS FOODS
Foods which could cause serious health problems or illness, if not stored, processed and prepared properly.
RETAIL FOOD ESTABLISHMENT
A business, store, restaurant or any retail establishment that wholly or partially is involved in the preparation of food that is sold directly to the general public. The includes leased and subleased establishments, food vendors and kiosks that prepare food, as well as wholesale food businesses where the products are purchased and put directly for sale to the public. This does not include private or public schools, associations, nonprofit organizations or civic groups that prepare and/or sell food on an occasional basis for fund-raising purposes.
A. 
Every retail food establishment shall be required to have at least one food manager with food sanitation and safety training to supervise food preparation on the premises. Food establishments that do not have any on-site preparation of potentially hazardous foods are exempt from his requirement.
B. 
Upon request, the owner/manager of a retail food establishment shall provide to the Burlington County Health Department and/or local Board of Health satisfactory proof that, at a minimum, the manager of the establishment shall have taken and passed an approved course in food sanitation and safety.
[1]
Editor's Note: For Borough Board of Health food handling license fees, see § 114-19.
A. 
The training course must be a minimum of eight hours and must be approved by the Burlington County Health Department. The following are also acceptable:
(1) 
A course in food safety and sanitation approved by the New Jersey Department of Health and Senior Services; or
(2) 
A current valid food manager's certification issued by the Educational Testing Service.
B. 
Food managers shall satisfactorily complete a refresher course approved by the Burlington County Health Department in food safety and sanitation every three years.
C. 
The food manager certification shall be prominently posted on the premises.
A. 
Minimum penalty. There shall be a minimum penalty of a fine fixed at an amount not less than $100.
B. 
Maximum penalty. For violations of any provisions of this article, the maximum penalty, upon conviction, shall be a fine not exceeding $1,000.
C. 
Separate violations. Each and every day in which a violation of any provision of this article exists shall constitute a separate violation.
D. 
It shall be the responsibility of the Burlington County Health Department (as the authorized agent of the local Board of Health) to enforce this article.
E. 
If a facility does not meet the requirements of this article, the Burlington County Health Department, with the consent of the local Board of Health, can grant a temporary waiver of six months, provided immediate action is taken to ensure compliance with this article.