Borough of River Edge, NJ
Bergen County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Health of the Borough of River Edge 2-22-1982 by Ord. No. 82-1. Amendments noted where applicable.]
GENERAL REFERENCES
Ice cream vendors — See Ch. 250.
Public health nuisance — See Ch. 453.
Retail food establishments — See Ch. 459.
As used in this chapter, the following terms shall have the meanings indicated:
FARMER'S MARKET
A temporary market established in a public space where a variety of farm products, as defined in this chapter, are sold directly to the consumer.
[Added 5-2-2016 by Ord. No. 1860]
FARMER'S MARKET VENDOR
Any retail food establishment which is primarily engaged in the sale of raw agricultural products, may cut the raw agricultural products for sale on the premises and may include, as a minor portion of its operation, the sale of factory-sealed or prepackaged food products that do not normally require refrigeration and the sale of other grocery products; or provides for the sale of farm products.
[Added 5-2-2016 by Ord. No. 1860]
FARM PRODUCTS
Any agricultural, horticultural, forest product, or other product of the soil or water, including, but not limited to, fruits, vegetables, eggs, dairy products, meat and meat products, poultry and poultry products, fish and fish products, grain and grain products, honey, nuts, preserves, maple sap product, apple cider, fruit juice, ornamental or vegetable plants, nursery products or flowers.
[Added 5-2-2016 by Ord. No. 1860]
FOOD
Includes any substance used or intended to be used as food or drink for human consumption.
FOOD HANDLER'S CERTIFICATION
A certificate issued by the River Edge Health Department or any other program approved by the River Edge Health Department.
MOBILE FOOD VENDOR
Anyone who sells food or beverages from a vehicle such as a truck, van or pushcart, whether such food or beverages are prepared on site or prepared elsewhere and transported to the site of the sale.
[Added 5-2-2016 by Ord. No. 1860]
POTENTIALLY HAZARDOUS FOOD
Any food which consists in whole or in part of milk or milk products eggs, meat, poultry, fish, shellfish, edible crustacea, raw seed sprouts, heat-treated vegetables and vegetable products or other ingredients, including synthetic ingredients, in a form capable of supporting rapid and progressive growth of infectious or toxigenic microorganisms or the slower growth of C. botulinum. The term does not include foods which have a pH level of 4.6 or below or a water activity (aw) value of 0.85 or less.
[Added 2-24-1997 by Ord. No. 96-1]
RETAIL FOOD ESTABLISHMENT
Any business establishment or operation where food or drink is prepared for retail sale or for services on the premises or elsewhere; where food is served, handled or provided for the public, with or without charge, including but not limited to the sale of raw agricultural products, bakery products such as bread, cakes and pies, meat products, candy or candy products, farm products as defined in this chapter, fish or fish products, frozen dairy or flavored ice products, groceries, products sold from a mobile food vendor; businesses such as retail bakers, coffee shop, sandwich shop, industrial feeding establishment, private, public or nonprofit organizations serving food, catering, kitchen, commissary, box lunch establishment, mass market, delicatessens, restaurants, supermarkets, taverns and temporary food establishments.
[Amended 5-2-2016 by Ord. No. 1860]
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 immediate on- or off-premises consumption.
TEMPORARY RETAIL FOOD ESTABLISHMENT
Any retail food establishment which operates at a fixed location for a temporary period of time in connection with a fair, carnival, circus, public exhibition or similar transitory function, including church suppers, picnics or other organizational meetings; includes mobile retail food establishments and mobile agricultural markets.
[Added 5-2-2016 by Ord. No. 1860]
[Amended 2-24-1997 by Ord. No. 96-1; 5-2-2016 by Ord. No. 1860]
A. 
No retail food establishment shall operate without the supervisors employed in that establishment possessing a valid food handler's certificate. This section shall not apply to those retail food establishments selling only non-potentially hazardous foods which are prepackaged, prewrapped or in an approved bulk serving container.
B. 
The form of application and applicable fees shall be determined by the River Edge Board of Health.
C. 
With regards to nonprofit and/or volunteer organizations selling and/or preparing and serving food to the public, a temporary permit, exempt from fees, must be obtained from the Board of Health two weeks prior to the date of the function. In order to obtain this permit, the following information must be provided: date and length of function; type of food being prepared; and approximate number of people being served. In addition, each organization shall have someone from their organization take the food handler's course and obtain a food handler's certification.
[Added 2-24-1997 by Ord. No. 96-1]
The food handler's certificate shall expire three years after the date of the successful completion of an approved food handler's course. After three years, or more often if deemed necessary by the Health Officer or his/her designee, by reason of improper food handling practices being employed, food handler certification status shall be updated.
No establishment shall operate for more than six months without the supervisors employed in that establishment completing a course of general instruction in bacteria characteristics and growth, spread of food-borne diseases, methods of preventing food poisoning, proper food-handling techniques, equipment and establishment sanitation, dishwashing and sanitization and insect and rodent control.
No person to whom a food handler's certification is issued or granted shall give, loan, transfer or permit the same to be used by any other person for any purpose whatsoever.
Within six months of enactment of this chapter, 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.
A food handler's certificate may be granted to a supervisor taking a comparable course of instruction in another municipality approved by the Borough of River Edge, New Jersey.
Any person or establishment violating any of the provisions of this chapter shall upon conviction thereof be subjected to a penalty of not less than $5 nor more than $500 for each offense.