[HISTORY: Adopted by the Board of Commissioners of the Township of Nutley 7-9-2002 by Ord. No. 2744 (Ch. 125 of the 1978 Code). Amendments noted where applicable.]
GENERAL REFERENCES
Food and beverage vending machines — See Ch. 356.
Retail food handling establishments — See Ch. 364.
Milk and milk products — See Ch. 445.
Public health nuisances — See Ch. 465.
Sanitary standards — See Ch. 555.
The control of all retail food establishments in the Township of Nutley shall be conducted as specified in Chapter XII of the New Jersey Sanitary Code, adopted July 6, 1972, as amended and supplemented.[1]
[1]
Editor's Note: See now Chapter 24, Sanitation in Retail Food Establishments and Food and Beverage Vending Machines, of the State Sanitary Code, N.J.A.C. 8:24-1.1 et seq.
As used in this chapter, the following terms shall have the meaning indicated:
FOOD
Any substance used or intended to be used as food or drink for human consumption.
FOOD ESTABLISHMENT/ESTABLISHMENT
Any fixed or mobile restaurant, coffee shop, cafeteria, short order cafe, luncheonette, grill, tearoom, sandwich shop, soda fountain, tavern, bar, cocktail lounge, nightclub, roadside stand, industrial feeding establishment, private, public nonprofit organization or institution serving food, catering kitchen, commissary, box lunch establishment, day-care center, retail bakery, meat market, delicatessen, grocery store, public food market or similar place in which food or drink is prepared or processed for human consumption, be it for on- or off-premises consumption.
FOOD HANDLER'S CERTIFICATE
A certificate by the Township of Nutley Health Department certifying successful completion of a course of general instruction in bacteria characteristics and growth or spread of foodborne diseases, methods of preventing food poisoning, proper food handling technique, equipment and establishment sanitation, dishwashing and sanitization and insect and rodent control which said course is given by or has received the approval of the Nutley Health Department.
FOOD HANDLING SPECIAL PERMIT
A special permit issued by the Nutley Health Department pursuant to § 361-6 of this chapter.
SUPERVISOR
Any person charged with the responsibility of overseeing the operations, including the supervision of employees engaged in the preparing or processing of food or drink intended for human consumption, be it for on- or off-premises consumption.
No new establishment or establishment which has changed ownership shall operate for more than 60 days without the supervisor(s) employed in that establishment applying for a food handler's certificate.
No new establishment or establishment which has changed ownership shall operate for more than six months without the supervisor(s) employed in that establishment being holder(s) of valid food handler's certificate(s).
Six months from the effective date of this chapter and thereafter, except as provided in §§ 361-3, 361-4 and 361-6 of this chapter, no establishment shall be in operation or open for business in preparing or processing of food or drink intended for human consumption without having a supervisor who has a valid food handler's certificate on the premises at all times the establishment is in operation or open for business.
A food handler's certificate shall be issued to any person successfully completing a course of instruction given or approved by the Nutley Health Department. The cost of such course shall be borne by the applicant. A food handler's certificate shall be valid for a period of five years. Any person possessing a food handler's certificate on the effective date of this chapter which is more than five years beyond its original issuance date shall be required to apply for a renewal certification within 60 days from the effective date of this chapter.
Agricultural markets, covered-dish suppers or similar type of church or nonprofit-type institution meal services shall be exempted from the requirements of §§ 361-3, 361-4 and 361-5 of this chapter if, because of the infrequency, incontinuity, unique or limited nature of food preparation or processing, the Nutley Health Department determines that the public health will not be jeopardized by the absence of a certified food handler from the premises. Organizations holding exempt functions as defined in this section shall notify the Nutley Health Department about planned exempt functions at least one week prior to the event. The Nutley Health Department will conduct voluntary food handling courses for those organizations requesting training or where a determination is made that such training is necessary.
All employees engaged in the business of processing and preparing 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, the date of issuance and certificate number of food handler's certificate. The records shall be available at all times for inspection by the Health Officer or his duly authorized representative.
Any person, sole proprietorship, firm, corporation, limited-liability company or other entity or organization violating any provision of this chapter shall, upon conviction thereof, be subject to a penalty of not more than $500. Each day that a violation exists shall constitute a separate violation.