[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:
(1) 
Protecting and promoting the public health and general welfare of persons in the Township of Chesterfield; and
(2) 
Preventing food-borne illness in food establishments due to improper food handling, sanitation and safety.
[1]
Editor's Note: This ordinance also repealed former § 204-4, Violations and penalties; see now § 204-8.
[Added 5-13-2004 by Ord. No. 2004-7]
As used in this chapter, the following terms shall have the meanings indicated:
FOOD
Any food, food product, drink or drink product, wholly or partially prepared, meant for human consumption.
FOOD MANAGER
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.
POTENTIALLY HAZARDOUS FOODS
Foods which could cause serious health problems or illness, if not stored, processed and prepared properly.
RETAIL FOOD ESTABLISHMENT
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:
(1) 
A course in food safety and sanitation approved by the New Jersey Department of Health and Senior Services; or
(2) 
A current valid food manager's certification issued by the Educational Testing Service.
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.