[HISTORY: Adopted by the Board of Health of the Borough of Riverdale 5-20-2014 by Ord. No. BOH 3-2014; amended in its entirety 2-21-2017 by Ord. No. BOH 1-2017. Subsequent amendments noted where applicable.]
Board of Health fees — See Ch. 174.
Retail food establishments — See Ch. 174B.
Editor's Note: This ordinance also superseded former Ch. 174A, adopted 12-1-1998 by Ord. No. 1-1998.
This chapter shall be entitled "Retail Foods Establishment and Food and Beverage Machines," and pursuant to N.J.S.A. 26:1A-1 through 26:1A-7 et seq., there is adopted by reference N.J.A.C. 8:24-1.1 through 8:24-10.2 and the supplements and additions thereto.
No person shall operate a retail food establishment or food and beverage machine unless a license to operate the same shall have been issued by the Department of Health. Such license shall be posted in a conspicuous place in such establishments.
There shall be a fee established for a license or license approval issued pursuant to this chapter. Retail food establishment licenses and associated fees shall be defined as follows:
Risk Type 1 food establishment.
"Risk Type 1 food establishment" means any retail food establishment that:
Serves or sells only prepackage, non-potentially-hazardous foods;
Prepares only non-potentially-hazardous foods; or
Heats only commercially processed, potentially hazardous food for hot holding and does not cool potentially hazardous foods. Such retail establishments may include, but are not limited to, convenience store operations, hot dog carts, and coffee shops.
Risk Type 2 food establishment.
"Risk Type 2 food establishment" means any retail food establishment that has a limited menu and:
Prepares, cooks and serves most products immediately;
Exercises hot and cold holding of potentially hazardous foods after preparation or cooking; or
Limits the complex preparation of potentially hazardous foods, including the cooking, cooling, and reheating for hot holding, to two or fewer items. Such retail establishments may include, but are not limited to, retail food store operations, schools that do not serve a highly susceptible population, and quick-service operations, depending on the menu and preparation procedures.
Risk Type 3 food establishment.
"Risk Type 3 food establishment" means any retail food establishment that:
Has an extensive menu which requires the handling of raw ingredients; and is involved in the complex preparation of menu items that includes the cooking, cooling, and reheating of at least three or more potentially hazardous foods; or
Prepares and serves potentially hazardous foods, including the extensive handling of raw ingredients, and whose primary service population is a highly susceptible population. Such establishments may include, but are not limited to, full-service restaurants, diners, commissaries, and catering operations, or hospitals, nursing homes, and preschools preparing and serving potentially hazardous foods.
Risk Type 4 food establishment.
"Risk Type 4 food establishment" means a retail food establishment that conducts specialized processes such as smoking, curing, canning, bottling, acidification designed to control pathogen proliferation, or any reduced oxygen packaging intended for extended shelf-life where such activities may require the assistance of a trained food technologist. Such establishments include those establishments conducting specialized processing at retail.
Temporary retail food establishment.
"Temporary retail food establishment" means any 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 organizational meetings, mobile retail food establishments as well as agricultural markets.
Annual fee: $50 per vendor, which shall cover up to 21 days which need not be consecutive.
"Vending machine" means any self-service device which, upon insertion of a coin, paper currency, token, card, key or by any other means, dispenses unit servings of food, either in bulk or in packages, without the necessity of replenishing the device between each vending operation.
"Nonprofit" means any food establishment which has been provided with a Federal Internal Revenue Service tax exemption number, and prepares or handles food and drink and service to the general public, and any school food establishment operated by employees of a board of education.
Annual fee: $0.
Licenses issued pursuant to this chapter shall expire annually on December 31 of each year, and the fee therefor shall not be prorated from the date of issuance. Applications for renewal thereof shall be submitted, together with the required fee, prior to December 15 of each year.
Licenses issued pursuant to this chapter shall not be transferable, nor shall they be construed as authorizing the licensee or license to carry on the business at any place other than that specified in the license itself.
Licenses issued pursuant to this chapter may be revoked by the Board of Health for any good or sufficient reason, provided that due notice thereof shall be given to the licensee, and a hearing held before the Board of Health, at which time an opportunity shall be afforded the licensee to show cause why the license should not be revoked.
Certificate required. Any person engaged or employed in the business or service of preparing, processing or serving food or drink intended for human consumption at Risk Type 2, 3, or 4 food establishments shall apply to the Riverdale Borough Health Department within seven days of the commencement of his said employment for a food handler's certificate. Applicants will be required to attend the next regularly scheduled food handlers' training course given by the Borough's Health Department or a comparable course approved by the Borough Health Department. Existing employees shall have six months from enactment of this section to attain a food handler's certificate.
Course of instruction required. 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 a course of general instruction in health education, sanitation, personal hygiene, food protection, dishwashing procedures and other related health matters.
Records of employees to be maintained by employer. All employers engaged in the business of serving or of preparing and processing food intended for human consumption shall at all times keep and maintain accurate records of the name and address of each employee, date of employment and date of issuance and certificate number of said food handler's certificate, which records shall be available at all times for inspection by the Health Officer or his duly authorized representatives.
Employment of persons without certificates prohibited. No employer shall continue to employ any person in connection with the preparation, processing or service of food and drink intended for human consumption at a retail level unless the person so employed shall have applied for and obtained a food handler's certificate within the period as specified in Subsection A.
Renewal of certificates. All food handler's certificates shall be renewed every two years after completion of an initial food handlers' course.
Exemptions. The requirement for a food handler's certificate shall not apply to: a temporary retail food establishment; any employee who is a certified food protection manager as recognized by the Conference for Food Protection; or persons engaging in food handlers' activities on behalf of nonprofit institutions, churches or other charitable organizations, unless the said food-handling activities are conducted on a regular basis.
Every establishment must post the most current evaluation placard according to the following requirements.
The evaluation placard must be posted in one of the following prominent locations clearly visible to the patron:
If there is no direct entrance to the street, the Health Department shall determine an appropriate posting location in prominent public viewing.
Any person or persons, firm or corporation violating any of the provisions of or order promulgated under this chapter shall, upon conviction thereof, pay a penalty of not less than $100 nor more than $1,000. Each day a particular violation continues shall constitute a separate offense.
All ordinances or parts of ordinances which are inconsistent herewith are hereby repealed to the extent of such inconsistency.