[HISTORY: Adopted by the Borough Council of the Borough of Pemberton as indicated in article histories. Amendments noted where applicable.]
[Adopted 5-17-2004 by Ord. No. 2004-8]
The Burlington County Health Department shall be the administrative authority to exercise the powers prescribed by this article.
Pursuant to the authority contained in N.J.S.A. 26:3-39 through 26:3-69.6, the Borough of Pemberton does hereby adopt the new rules and standards governing food manager training as an ordinance operative within the Borough regulating the 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:
As used in this article, the following terms shall have the meanings indicated:
- Any food, food product, 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. This 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.
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 this requirement.
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.
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:
Food managers shall satisfactorily complete a refresher course approved by the Burlington County Department of Health in food safety and sanitation every three years.
The Food Manager Certification shall be prominently posted on the premises.
Minimum penalty. There shall be a minimum penalty of a fine fixed at an amount not less than $100.
Maximum penalty. For violations of any provisions of this article, the maximum penalty, upon conviction, shall be a fine not exceeding $1,000.
Separate violations. Each and every day in which a violation of any provision of this article exists shall constitute a separate violation.
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.
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.