[Adopted 11-7-1994 by Ord. No. 094.09]
[Amended 5-5-2003 by Ord. No. 03.20]
Pursuant to the Authority of N.J.S.A. 26:3-31(j), and in accordance with the provision of the New Jersey State Sanitary Code, Chapter XII, Sanitation in Retail Food Establishments, etc. (effective January 1, 1992), the following regulations are hereby adopted.
The within regulation shall be known as Regulation 156A-1, Retail Food Handling Training Regulation.
As used in this article, the following terms shall have the meanings indicated:
MOBILE RETAIL FOOD ESTABLISHMENT
Any movable restaurant, truck, van, trailer, cart, bicycle, watercraft or other movable unit, including hand-carried, portable containers in or on which food or beverage is transported, stored, or prepared for retail sale or given away at temporary locations.
POTENTIALLY HAZARDOUS FOOD
Any food which consists in whole or in part of milk or milk products, eggs, meat, poultry, fish, shellfish, edible crustaceans, raw seed sprouts, heat-treated vegetables and vegetable products or other ingredients, including synthetic ingredients in a form capable of supporting rapid and progressive growth of infectious or toxigenic microorganisms or the slower growth of C. botulinum. The term does not include foods which have a pH level of 4.6 or below or a water activity (aw) value of 0.85 or less.
RETAIL FOOD 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 or nonprofit organization, institution, or group preparing, storing or serving food; catering kitchen; commissary; box lunch establishment; retail bakery; meat market; delicatessen; grocery store; public food market or any similar place in which food or drink is prepared for retail sale or service on the premises or elsewhere; and any other retail eating or drinking establishment or operation where food is served, handled or provided for the public with or without charge; except that agricultural markets, covered dish suppers or similar type of infrequent church or nonprofit type institution meal services shall meet the special provision of the N.J.A.C. 8:24-8; provided that any food and beverage vending machine shall meet the requirements of N.J.A.C. 8:24-8 to 8:24-11; provided further that bed-and-breakfast and community residences, as defined, meet the provisions of N.J.A.C. 8:24-13.
TEMPORARY RETAIL FOOD ESTABLISHMENT
Any retail food establishment which operates at a fixed location for a temporary period of time in connection with a fair, carnival, circus, public exhibition or similar transitory gathering, including church suppers, picnics or similar organizational meetings, mobile retail food establishments as well as agricultural markets.
No retail food establishment, fixed, temporary or mobile, shall serve potentially hazardous food products within the Borough of Dunellen unless and until one or more supervisory personnel are certified in food safety and sanitation at least once every three years through a course of instruction approved by the State Department of Health. Organizations or groups which hold periodic gatherings and meals should have a responsible officer of the group certified in food safety.
It shall be the responsibility of the owner, operator or supervisory personnel in immediate charge of the establishment to provide proof of such program completion to the satisfaction of any authorized Sanitary Inspector requesting same.
In addition to such other actions authorized by the New Jersey State Sanitary Code, the authorized Sanitary Inspector is hereby authorized to file a summons and complaint against any establishment which does not meet the requirements hereof. Said complaint shall be in the name of the Borough of Dunellen and shall be returnable before and be under the authority and jurisdiction of the Municipal Court of the Borough of Dunellen.
The owner, operator or person in immediate charge of a temporary or mobile retail food establishment who is unable upon request of an authorized Sanitary Inspector to reasonably and satisfactorily establish attendance and successful completion of an approved food handlers training program, as defined herein, shall, upon a finding of guilt, be subject to a fine not to exceed $250. Upon a second conviction hereunder, the defendant shall be subject to a fine not to exceed $500. Upon a third or subsequent conviction, the defendant shall be subject to a fine not to exceed $750 and imprisonment for a term not to exceed five days. Any penalty recovered in any such action shall be paid to the Treasurer of the Borough of Dunellen.