[HISTORY: Adopted by the Board of Health of the Township of Washington 5-20-1968 (Ch. BH-V of the Revised General Ordinances); amended in its entirety 6-26-2007 by Ord. No. 1-07. Subsequent amendments noted where applicable.]
A code regulating retail food establishments and fixing penalties for violations thereof is hereby established pursuant to N.J.S.A. 26:3-69.1 to 26:3-69.6. A copy of the code is annexed to this chapter and made a part of it without the inclusion of the text herein.
The code established and adopted by this chapter is and shall be commonly known as the " Sanitation in Retail Food Establishments and Food and Beverage Vending Machines (2007) (Chapter 24, N.J.A.C. 8:24)," and this chapter shall hereafter be cited and known by the short title of "Chapter 24 for the Township of Washington."
Three copies of the Sanitation in Retail Food Establishments and Food and Beverage Vending Machines (2007) have been placed on file in the office of the Secretary of the Board of Health and the Township Clerk for use and examination by the public.
It shall be unlawful for any person or any body corporate to construct, alter or operate a retail food establishment, as defined in and governed by the Sanitation in Retail Food Establishments and Food and Beverage Vending Machines (2007), without first having procured approval from the Board of Health to do so or without complying with any or all of the provisions concerning operation and maintenance of the same as contained in the aforementioned code.
All licenses shall expire on July 15 each year and shall be renewed for the ensuing year prior to continued operation of the retail food establishment.
Suspension or revocation of license; hearings.
Any license issued under the terms and provisions of this chapter may be suspended or revoked by the Board of Health of the Township for the violation by the licensee of any provision of this chapter or the Sanitation in Retail Food Establishments and Food and Beverage Vending Machines (2007).
A license issued under the terms and provisions of this chapter shall not be revoked, canceled or suspended until a hearing thereon shall have been had by the Board of Health. Written notice of the time and place of such hearing shall be served upon the licensee at least seven days prior to the date set for such hearing. Such notice shall also contain a brief statement of the grounds to be relied upon for revoking, canceling or suspending such license. Notice may be given either by personal delivery thereof to the person to be notified or by depositing said notice in the United States Post Office in a sealed envelope, postage prepaid, addressed to such person to be notified at the business address appearing upon the license. At the hearing before the Board of Health, the person aggrieved shall have an opportunity to answer and may thereafter be heard, and, upon due consideration and deliberation by the Board of Health the complaint may be dismissed, or, if the Board of Health concludes that the charges have been sustained and substantiated, it may revoke, cancel or suspend the license held by the licensee.
If any permit is revoked, neither the holder nor any person acting for him, directly or indirectly, shall be entitled to another permit to carry on the same business within the Township unless the application for a permit is approved by the Board of Health.
Exception. No provision of this section shall be applied so as to impose any unlawful burden on either interstate commerce or any activity of the state or federal government.
Training of food handler.
Any person employed in a retail food establishment who routinely comes into contact with food, beverages, utensils or food equipment shall be required to attend and successfully complete a retail food handler's course to be conducted under the direction of the Board of Health within six months of the date of hire.
Each food handler shall be required, every three years, to attend and successfully complete the Washington Township food course or equivalent course approved by the Washington Township Health Officer.
Certification of certified food protection manager.
No Risk Type 2 or Risk Type 3 food establishment, as defined by N.J.A.C. 8:24-1.5, shall operate after July 15, 2008, without a food protection manager with a current food safety certification acquired through a course of instruction approved by the New Jersey State Department of Health as required by N.J.A.C. 8:24-2.1.
All food protection managers shall obtain a food safety certificate by July 15, 2008.
No retail food license shall be issued to a perspective establishment that does not have a currently certified food protection manager.
Each Risk Type 2 and Risk Type 3 retail food establishment must notify the Department of Health, in writing, within 15 days, in the event that their certified food protection manager ceases to be employed by the establishment as food protection manager.
In the event that a newly hired food protection manager does not possess a current New Jersey food protection manager's certificate, the establishment shall provide the Department of Health with written notice of the anticipated date of completion and location of the food protection manager's training course and the name of the employee who will attend.
Fees for permitting.
The fees for acquiring a permit to construct or permit to alter a retail food establishment shall be:
For the filing of an application and plans for a permit to locate and construct a new retail food establishment, the fee shall be $200. To file a revision, the fee shall be $50.
For the filing of an application and plans for a permit to alter an existing retail food establishment, the fee shall be $50. To file a revision, the fee shall be $25.
Fees for licensing.
The fee for a preoperational reinspection shall be $25.
Retail food establishment, permanent location.
The fee for a retail food establishment license, permanent location, shall be based on the square footage of the retail food establishment, to be calculated as follows:
The square footage of a retail food establishment shall include all areas of the establishment, including but not limited to dining areas, food preparation areas, food storage areas, hallways and rest rooms.
The fee for a temporary retail food establishment, including seasonal agricultural market, shall be $50.
The fee for a license to sell prepackaged nonperishable foods only shall be $50.
The fee for a mobile retail food license shall be $100.
The fee for a retail food establishment permit for a nonprofit religious, charitable, civic, educational or service organization to operate or to conduct a special event shall be $1.
Fees for a reinspection for a retail food establishment:
The reinspection fee shall be paid within seven days of the inspection posting. Fees for occurrences are cumulative within the licensing period.
An annual license fee of $25 per machine shall be charged for each machine vending prepackaged nonperishable items such as canned or bottled sodas and juice, candy, chips, etc., or potentially hazardous foods or bulk food or beverage items such as coffee, etc., except the fee shall be $1 per machine if the machine is located within a nonprofit religious, charitable, civic, educational or service organization.
The fee for failure to obtain, within 15 days of expiration, the current annual license to operate shall be $5 per day until the license is made current.
Any person who violates any provision of this chapter or code established herein shall, upon conviction thereof, be liable to a penalty of not less than $5 or more than $500 for each violation. Each day a particular violation continues shall constitute a separate offense.