[Amended at time of adoption of Code (see Ch. 420, General
Provisions, Board of Health, Art. I)]
The provisions of N.J.A.C. 8:24-1.1 et seq.,
Sanitation in Retail Food Establishments and Food and Beverage Vending
Machines, pertaining to retail food establishments and food and beverage
vending machines, shall be enforced in the Township of Stillwater.
[Amended at time of adoption of Code (see Ch. 420, General
Provisions, Board of Health, Art. I)]
It shall be unlawful for any person to conduct
a retail food establishment as defined in N.J.A.C. 8:24-1.5 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 N.J.A.C. 8:24-1.1 et seq.
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:
(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.