[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.]
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:
Any substance used or intended to be used as food or drink
for human consumption.
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.
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.
A special permit issued by the Nutley Health Department pursuant to § 361-6 of this chapter.
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.
No person to whom a food handler's certificate
is issued shall give loan, transfer or permit the same to be used
by any other person, for any purpose whatsoever.
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.
