Township of Stillwater, NJ
Sussex County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Health of the Township of Stillwater 11-19-1971 as Ch. BH-VII of the 1971 Revised General Ordinances. Amendments noted where applicable.]
GENERAL REFERENCES
Alcoholic beverages — See Ch. 100.
Bed-and-breakfast inns — See Ch. 116.
Hotels, motels, inns and boardinghouses — See Ch. 223
A code regulating retail food establishments and fixing penalties for violations is hereby established pursuant to N.J.S.A. 26:3-69.1 to 3:69.6.
The code established and adopted by this chapter is described and commonly known as the "Retail Food Establishment Code of New Jersey, 1965."
Three copies of the Retail Food Establishment Code of New Jersey, 1965, have been placed on file in the offices of the Secretary of the Board of Health and the Township Clerk for the use and examination of the public.
It shall be unlawful for any person to conduct a retail food establishment as defined in and governed by the code established by this chapter without first having procured a license from the Board of Health or without complying with any or all of the provisions concerning operation and maintenance of the same as contained in the code.
[Added 7-18-1973]
A. 
Fees. The following shall apply:[1]
(1) 
The license fee shall include a water sample as required under Chapter 467, establishing a code regulating the local construction, alteration, use and supervision of individual and semipublic water supplies. Retesting, if necessary, shall be at the applicant's expense.
[1]
Editor's Note: Original § BH:7-5.1(a), Licensure of retail food establishments, which immediately followed this subsection, was repealed 9-15-1980 by Ord. No. 80-16. For provisions pertaining to fees charged by the Board of Health, see Ch. 437, Fees.
B. 
Expiration. Licenses issued or approved under the provisions of this section 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 the licensed year.
[Amended 10-21-2014 by Ord. No. 2014-20]
C. 
Regulations. The following shall apply:
(1) 
A person conducting an itinerant food-handling establishment shall secure a license or, if such person is the holder of a certificate, the certificate, permit or license may be approved by this Board of Health, and there shall be a fee of $10 charged for approval.
(2) 
A license, or approval of a certificate, permit or license issued by another Board of Health, is not transferable.
D. 
Penalty. Any person who violates any provision of or order promulgated under this chapter shall, upon conviction thereof, be punished by payment of a penalty of not less than $5 nor more than $500 for each violation.
[Amended 10-21-2014 by Ord. No. 2014-20]
A. 
Any license issued under the terms and provisions of this chapter may be suspended or revoked by the Board of Health for the violation by the licensee of any provision of this chapter or the code or whenever it appears that the business, trade, calling, profession or occupation of the person to whom such license was issued is conducted in a disorderly or improper manner or in violation of any law of the United States or the State of New Jersey or any ordinance of the Township, or that the person conducting the retail food establishment is of an unfit character to conduct the same, or that the purpose for which the license has been issued is being abused to the detriment of the public or for a purpose foreign to that for which the license was issued.
B. 
A license issued under the terms and provisions of this chapter shall not be revoked, canceled or suspended until a hearing has been held by the Board of Health. Written notice of the time and place of such hearing shall be served upon the licensee at least three days prior to the date set for such hearing. The notice shall also contain a brief statement of the grounds to be relied upon for revoking, canceling or suspending such license. Notice may be given either by personal delivery to the person to be notified or be deposited in the United States Post Office in a sealed envelope, postage prepaid, addressed to such person to be notified at the business address appearing upon the license. At the hearing before the Board of Health the aggrieved person shall have an opportunity to answer and may thereafter be heard; upon due consideration and deliberation by the Board of Health, the complaint may be dismissed, or, if the Board of Health concludes that the charges have been sustained and substantiated, it may revoke, cancel or suspend the license.
No provision in this chapter shall be so applied as to impose any unlawful burden on either interstate commerce or activity of the state or federal government.
[Added 11-15-1993 by Ord. No. 93-24]
A. 
Definitions. As used in this section, the following terms shall have the meanings indicated:
FOOD ESTABLISHMENT OPERATOR
The individual proprietor or the agent of the partnership, corporation, firm or organization directly responsible for the overall management of a retail food establishment.
FOOD HANDLER
Any person, whether employer or employee, who handles food or drink during preparation or serving or who comes in contact with any eating, drinking or cooking utensil or who works in a room in which food or drink is prepared or served.
FOOD SERVICE MANAGER
Any person responsible for the immediate supervision of food handlers and other workers involved in the sanitary maintenance of a retail food establishment. In an establishment having no employees or a single employee, the food service manager is the food establishment operator or the single employee.
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, public organization or institution serving food, catering kitchen, commissary, box-lunch establishment, retail bakery, meat market, delicatessen, grocery store, public food market, or similar place in which food or drink is prepared for retail sale or for 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.
B. 
Certified manager required; exceptions.
(1) 
The staff of every retail food establishment shall include at least one certified food service manager. An establishment shall not be issued a retail food establishment license unless its staff includes a certified food service manager.
(2) 
The following types of retail food establishments are specifically exempt from the provisions of this section:
(a) 
Agricultural markets.
(b) 
Retail food establishments whose only products are factory-sealed or prepackaged food products that do not require refrigeration.
(3) 
The following type of retail food establishment is specifically exempt from costs and fees of the provisions of this section:
(a) 
All nonprofit organizations.
C. 
Certification requirements.
(1) 
An applicant shall be registered as a certified food service manager upon the successful completion of:
(a) 
A course on the principles of food sanitation approved by the Board of Health.
(b) 
A written examination approved by the Board of Health.
(2) 
A person seeking certification as a food service manager shall make application for certification to the Secretary of the Board of Health on forms provided by the Secretary of the Board of Health prior to assuming duties as a food service manager.
(3) 
Upon the filing of an application with the Secretary of the Board of Health, the name of the applicant shall be placed on a temporary certification register. Such temporary certification shall be valid until the next scheduled approved course and examination are offered.
(4) 
The Board of Health may waive the requirements of an approved course and examination and may certify a food service manager holding a current certification from another agency with substantially equivalent standards.
D. 
Expiration and renewal of certificate.
(1) 
Certification as a food service manager shall expire on January 31, three years from the date issued unless extended or earlier terminated as hereinafter stated.
[Amended 4-19-2011 by Ord. No. 2011-6]
(2) 
Certification as a food service manager may be renewed upon application made on forms provided by the Secretary of the Board of Health at least 30 days prior to expiration. The requirements for such certification renewal shall be the same as for initial certification, except that an applicant for certification renewal may request that the course requirements be waived. If the Board of Health shall grant such waiver, certification shall be renewed upon the applicant's successful completion of an approved written examination.
(3) 
After a food service manager has renewed certification one time, subsequent renewals shall be issued upon application by the food service manager, provided that certification is not otherwise terminated.
E. 
Causes for terminating certificate; reinstatement.
(1) 
The Board of Health shall, from time to time, cause inspections to be conducted and/or samples to be collected to determine an establishment's compliance with Chapter 12 of the New Jersey State Sanitary Code. The certification of all food service managers employed in the establishment shall terminate forthwith if inspection results in the following:
(a) 
The establishment receives an inspection rating of "unsatisfactory."
(b) 
The establishment receives two or more "conditionally satisfactory" inspection ratings within a period of one year.
(2) 
The reinstatement of certification as a food service manager shall require compliance with the requirements of initial certification as a certified food service manager.
F. 
Training of food handlers.
(1) 
Certified food service managers shall be responsible for training food handlers under their supervision in the basics of food sanitation. Food establishment operators shall be responsible for assuring that organized training activities are conducted for the training of all food handlers employed by the retail food establishment.
(2) 
The Board of Health, upon its option, shall monitor training activities conducted by the retail food establishment and shall, where practicable, assist food service managers and food establishment operators in developing an effective food handlers' training program.
G. 
Fees. The fees for certification of a food service manager are fixed as follows:
(1) 
For the filing of an application, providing a certification course and administering an examination: $10.
(2) 
For the filing of an application and administering an examination and renewals: $5.