[HISTORY: Adopted by the Board of Health
of the Township of Chesterfield 10-11-1971 by Ord. No. 1971-6. Amendments noted where applicable.]
GENERAL REFERENCES
Fees — See Ch. 110.
A.
A code regulating retail food establishments, providing
for the inspection of such establishments and fixing penalties for
violations is hereby established pursuant to N.J.S.A. 26:3-69.1 to
26:3-69.6. A whole printed copy of said code is annexed hereto and
made a part hereof without the inclusion of the text, and the same
is hereby adopted and incorporated as if set out in length herein.
B.
Said code established and adopted by this chapter
is described and commonly known as the "Retail Food Establishment
Code of New Jersey (1965)," approved by the New Jersey Department
of Health in booklet form and contained therein on pages three to
17 inclusive.
Three copies of said Retail Food Establishment
Code of New Jersey (1965) have been placed on file in the office of
the Health Officer and in the office of the Secretary of the Board
of Health of the Township of Chesterfield upon the introduction of
this chapter and will remain on file there for the use and examination
of the public.
A.
No person shall operate a retail food establishment
unless a license or approval of an existing certificate, permit or
license to operate the same shall have been issued by this Board of
Health. Such license or approval of an existing certificate, permit
or license shall be posted in a conspicuous place in such establishment.
B.
There shall be a charge as set forth in § 110-204 for such license or approval of an existing certificate, permit or license.
[Amended 5-4-1989 by Ord. No. 1989-5; 3-25-2010 by Ord. No.
2010-4]
C.
Licenses issued or approved under the provisions of
this chapter shall expire annually on December 31 of each year, and
application for renewal thereof shall be submitted, together with
the required fee, prior to December 1 of each year.
D.
A person conducting an itinerant retail food handling establishment shall secure a license, or, if such person is the holder of a certificate, permit or license issued by the Board of Health of another jurisdiction, said certificate, permit or license may be approved by this Board of Health, and there shall be a fee charged as set forth in § 110-204 for such approval.
[Amended 5-4-1989 by Ord. No. 1989-5; 3-25-2010 by Ord. No.
2010-4]
E.
A license or approval of certificate, permit or license
may be suspended or revoked for a violation by the holder of any provision
of this chapter or code after an opportunity for a hearing by the
Board of Health or its authorized representative.
F.
A license or approval of a certificate, permit or
license issued by another Board of Health is not transferable.
[Added 5-13-2004 by Ord. No. 2004-7[1]]
A.
Administrative authority. The Burlington County Health
Department shall be the administrative authority to exercise the powers
prescribed by this chapter.
B.
Adoption of standards. Pursuant to the authority contained
in N.J.S.A. 26:3-69 through 26:3-69.6, the Board of Health of Chesterfield
Township does hereby adopt the new rules and standards governing food
manager training as an ordinance operative within the Township, regulating
training for managers of potentially hazardous food-handling establishments.
C.
Intent and purpose. The provisions hereinafter contained
and enacted are in pursuance of and for the purpose of:
[Added 5-13-2004 by Ord. No. 2004-7]
As used in this chapter, the following terms
shall have the meanings indicated:
Any food, food product, drink or drink product, wholly or
partially prepared, meant for human consumption.
Any person who owns or is employed by a wholesale or retail
food establishment who directs, oversees and supervises the procedures
used by the establishment to prepare and store food that is served
and/or purchased by the general public.
Foods which could cause serious health problems or illness,
if not stored, processed and prepared properly.
A business, store, restaurant or any retail establishment
that wholly or partially is involved in the preparation of food that
is sold directly to the general public. This includes leased and subleased
establishments, food vendors and kiosks that prepare food, as well
as wholesale food businesses where the products are purchased and
put directly for sale to the public. This does not include private
or public schools, associations, nonprofit organizations, or civic
groups that prepare and/or sell food on an occasional basis for fundraising
purposes. Notwithstanding this exemption, such organizations are nevertheless
encouraged to comply with the provisions of this chapter.
[Added 5-13-2004 by Ord. No. 2004-7]
A.
Every retail food establishment shall be required
to have at least one food manager with food sanitation and safety
training, to supervise food preparation on the premises. Food establishments
that do not have any on-site preparation of potentially hazardous
foods are exempt from this requirement.
B.
Upon request, the owner/manager of a retail food establishment
shall provide to the Burlington County Health Department and/or local
Board of Health satisfactory proof that, at a minimum, the manager
of the establishment shall have taken and passed an approved course
in food sanitation and safety.
[Added 5-13-2004 by Ord. No. 2004-7]
A.
The training course must be a minimum of eight hours
and must be approved by the Burlington County Health Department. The
following are also acceptable:
B.
Food managers shall satisfactorily complete a refresher
course approved by the Burlington County Department of Health in food
safety and sanitation every three years.
C.
The food manager certification shall be prominently
posted on the premises.
[Added 5-13-2004 by Ord. No. 2004-7]
A.
Minimum penalty. There shall be a minimum penalty
of a fine fixed at an amount not less than $100.
B.
Maximum penalty. For violations of any provisions
of this chapter, the maximum penalty, upon conviction, shall be a
fine not exceeding $1,000.
C.
Separate violations. Each and every day in which a
violation of any provision of this chapter exists shall constitute
a separate violation.
D.
It shall be the responsibility of the Burlington County
Health Department (as the authorized agent of the local Board of Health)
to enforce this chapter.
E.
If a facility does not meet the requirements of this
chapter, the Burlington County Health Department, with the consent
of the local Board of Health, can grant a temporary waiver of six
months, provided immediate action is taken to ensure compliance with
this chapter.
