[HISTORY: Adopted by the City Council of the City of Vineland 12-14-1954 by Ord. No. 148 (Ch. 383 of the 1990 Code); amended in its entirety 8-25-2009 by Ord. No. 2009-57. Subsequent amendments noted where applicable.]
The purpose of this chapter is to promote public health, and it is enacted by virtue of Title 26 of the New Jersey Statutes Annotated and other statutes and regulations of the State of New Jersey and the New Jersey State Department of Health.
Unless otherwise expressly stated, wherever used in this chapter, the following terms shall be taken to mean and include:
- A person who is a member of the public, takes possession of food, is not functioning in the capacity of an operator of a retail food establishment or food processing plant, and does not offer the food for resale.
- CRITICAL CONTROL POINT
- A point or procedure in a specific food system where loss of control may result in an unacceptable health risk.
- CRITICAL ITEM
- A violation of N.J.A.C. 8:24 et seq., that, if in noncompliance, is more likely than other violations to contribute to food contamination, illness or environmental health hazard. A critical item is an item that that falls within Items Number 1 through 24 of the Chapter 24 check sheet provided by the New Jersey Department of Health.
- CRITICAL LIMIT
- The maximum or minimum value to which a physical, biological, or chemical parameter must be controlled at a critical control point to minimize the risk that the identified food safety hazard may occur.
- A written statement that clearly identifies the animal-derived foods which are, or can be ordered, raw or undercooked, or without otherwise being processed to eliminate pathogens, or items that contain an ingredient that is raw, undercooked, or without otherwise being processed to eliminate pathogens.
- An article that is used in the operation of a retail food establishment such as a freezer, grinder, hood, ice maker, meat block, mixer, oven, reach-in refrigerator, scale, sink, slicer, stove, table, temperature measuring device for ambient air, vending machine or warewashing machine. The term does not include items used for handling or storing large quantities of packaged foods that are received from a supplier in a cased or overwrapped lot, such as hand trucks, forklifts, dollies, pallets, racks and skids.
- A raw, cooked, or processed edible substance, ice, beverage, or ingredient used or intended for use or for sale in whole or in part for human consumption or chewing gum.
- FOOD EMPLOYEE
- An individual working with unpackaged food, food equipment or utensils, or food contact surfaces.
- FOOD PROCESSING PLANT
- A commercial operation that manufactures packages, labels, or stores food for human consumption and does not provide food directly to a consumer. The term does not include a retail food establishment.
- A biological, chemical, or physical property that may cause an unacceptable consumer health risk.
- HAZARD ANALYSIS OF CRITICAL CONTROL POINTS (HACCP) PLAN
- A written document that delineates the formal procedures for following the HACCP principles (July 2005) incorporated herein by reference, as amended and supplemented, and available through the Division of Cooperative Programs (HFS-625), Office of Compliance, Center for Food Safety and Applied Nutrition, Food and Drug Administration.
- HEALTH OFFICER
- The executive officer of the City of Vineland Department of Health, or authorized representative, licensed by the State of New Jersey.
- HIGHLY SUSCEPTIBLE POPULATION
- Persons who are more likely than other people in the general
population to experience foodborne disease because they are: [Added 6-26-2012 by Ord. No. 2012-30]
- A. Immunocompromised; preschool age children, or older adults; and
- B. Obtaining food at a facility that provides services such as custodial care, health care, or assisted living, such as a child or adult day-care center, kidney dialysis center, hospital or nursing home, or nutritional or socialization services such as a senior center.
- IMMINENT HEALTH HAZARD
- A significant threat or danger to health that is considered to exist when there is evidence sufficient to show that a product, practice, circumstance, or event creates a situation that requires immediate correction or cessation of operation to prevent injury based on the number of potential injuries, and the nature, severity, and duration of the anticipated injury.
- The aqueous liquid expressed or extracted from one or more
fruits or vegetables, purees of the edible portions of one or more
fruits or vegetables, or any concentrates of such liquid or puree.
Juice does not include, for purposes of HACCP, liquids, purees, or
concentrates that are not used as beverages or ingredients of beverages. [Added 6-26-2012 by Ord. No. 2012-30]
- MOBILE RETAIL FOOD ESTABLISHMENT
- My 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.
- MOLLUSCAN SHELLFISH
- Any edible species of fresh or frozen oysters, clams, mussels,
and scallops or edible portions thereof, except when the scallop product
consists only of the shucked adductor muscle. [Added 6-26-2012 by Ord. No. 2012-30]
- The entity that is legally responsible for the operation of the retail food establishment such as the owner, the owner's agent, or other person.
- Bottled, canned, cartoned, securely bagged, or securely wrapped,
whether packaged in a food establishment or a food processing plant.
Packaged does not include a wrapper, carry-out box, or other nondurable
container used to containerize food with the purpose of facilitating
food protection during service and receipt of the food by the consumer.[Amended 6-26-2012 by Ord. No. 2012-30]
- An individual, association, corporation, partnership, other legal entity, government, or government subdivision or agency.
- PERSON IN CHARGE
- The individual present at a retail food establishment who is responsible for the operation at the time of inspection.
- A. Food that is natural or synthetic and that requires temperature control because it is in a form capable of supporting:
- B. Potentially hazardous food includes an animal food (a food of animal origin) that is raw or heat-treated; a food of plant origin that is heat-treated or consists of raw seed sprouts; cut melons; and garlic and oil mixtures that are not acidified or otherwise modified at a food processing plant in a way that results in mixtures that do not support growth as specified under Subsection A of this definition.
- C. Potentially hazardous food does not include:
- (1) An air-cooled hard-boiled egg with shell intact;
- (2) A food with an aw value of 0.85 or less;
- (3) A food with a pH level of 4.6 or below when measured at 75º F.;
- (4) A food, in an unopened hermetically sealed container, that is commercially processed to achieve and maintain commercial sterility under conditions of nonrefrigerated storage and distribution;
- (5) A food for which laboratory evidence demonstrates that the rapid and progressive growth of infectious or toxigenic microorganisms or the growth of Salmonella enteritidis in eggs or C. botulinum cannot occur, such as a food that has an aw and a pH that are above the levels specified under Subsection C(2) and (3) above and that may contain a preservative, other barrier to the growth of microorganisms, or a combination of barriers that inhibit the growth of microorganisms; or
- (6) A food that does not support the growth of microorganisms as specified under Subsection A of this definition even though the food may contain an infectious or toxigenic microorganism or chemical or physical contaminant at a level sufficient to cause illness.
- A. The physical facility, its contents, and the contiguous land or property under the control of the operator; or
- B. The physical facility, its contents, and the land or property not described under Subsection A above if its facilities and contents are under the control of the operator and may impact retail food establishment personnel, facilities, or operations, if a retail food establishment is only one component of a larger operation such as a health care facility, hotel, motel, school, recreational camp or prison.
- A. Food that is in a form that is edible without additional preparation to achieve food safety, as specified under N.J.A.C. 8:24-3.4(a)1 through 3 or 8:24-3.4(b) or (d); or is a raw or partially cooked animal food and is prepared in response to a consumer order and for immediate service as specified under N.J.A.C. 8:24-3.4(a)3ii; Is prepared in accordance with a specialized processing approval that is granted as specified under N.J.A.C. 8:24-3.5(h); and May receive additional preparation for palatability or aesthetic, epicurean, gastronomic, or culinary purposes.
- B. Ready-to-eat food includes:
- (1) Raw animal food that is cooked to safe cooking temperatures, or frozen as specified under N.J.A.C. 8:24-3.4(d);
- (2) Raw fruits and vegetables that are washed as specified under N.J.A.C. 8:24-3.3(g);
- (3) Fruits and vegetables that are cooked for hot holding as specified under N.J.A.C. 8:24-3.4(c);
- (4) All potentially hazardous food that is cooked to the temperature and time required for the specific food under N.J.A.C. 8:24-3.4 and cooled as specified under N.J.A.C. 8:24-3.5(d);
- (5) Plant food for which further washing, cooking, or other processing is not required for food safety, and from which rinds, peels, husks, or shells, if naturally present, are removed;
- (6) Substances derived from plants such as spices, seasonings and sugar;
- (7) Bakery items such as bread, cakes, pies, fillings or icing for which further cooking is not required for food safety;
- (8) The following products that are produced in accordance with USDA guidelines and that have received a lethality treatment for pathogens: dry, fermented sausages, such as dry salami or pepperoni; salt-cured meat and poultry products, such as prosciutto ham, country-cured ham, and Parma ham; and dried meat and poultry products, such as jerky or beef sticks; and
- (9) Foods manufactured according to Thermally Processed Low-Acid Foods Packaged in Hermetically Sealed Containers, 21 CFR Part 113, incorporated herein by reference, as amended and supplemented.
- REGULATORY AUTHORITY
- The local, state or federal enforcement body or authorized representative having jurisdiction over the retail food establishment or food processing plant.
- A written statement concerning the health risk of consuming animal foods raw, undercooked, or without otherwise being processed to eliminate pathogens.
- A. An operation that stores, prepares, packages, serves, vends, or otherwise provides food for human consumption:
- (1) Such as a restaurant, or catering operation, if the operation provides food directly to a consumer or to a conveyance used to transport people; institution or food bank.
- (2) That relinquishes possession of food to a consumer directly, or indirectly through a delivery service such as home delivery of grocery orders or restaurant take-out orders, or delivery service that is provided by common carriers.
- B. Retail food establishment includes:
- (1) An element of the operation such as a transportation vehicle or a central preparation facility that supplies a vending location or satellite feeding location unless the vending or feeding location is permitted by the health authority; or
- (2) An operation that is conducted in a mobile, stationary, temporary, or permanent facility or location, where consumption is on or off the premises, and regardless of whether there is a charge for the food.
- C. Retail food establishment does not include:
- (1) A produce stand that only offers whole, uncut fresh fruits and vegetables;
- (2) A food processing plant;
- (3) A kitchen in a private home if only food that is not potentially hazardous is prepared for sale or service at a function such as a religious or charitable organization's bake sale if the consumer is informed by a clearly visible placard at the sales or service location that the food is prepared in a kitchen that is not subject to regulation and inspection by the health authority;
- (4) An area where food that is prepared as specified in Subsection C(3) above is sold or offered for human consumption;
- (5) A kitchen in a private home, such as a family child-care home, as defined at N.J.A.C. 10:126-1.2; or a bed-and-breakfast guesthouse or bed-and-breakfast homestay as defined at N.J.A.C. 5:70-1.5, that prepares and offers food to guests if the home is owner occupied, and breakfast is the only meal offered; or
- (6) A private home that receives catered or home-delivered food.
- The likelihood that an adverse health effect will occur within a population as a result of a hazard in a food.
[Amended 7-27-2010 by Ord. No. 2010-31]
- A. Any retail food establishment that has a limited menu and:
- (1) Prepares, cooks, and serves most products immediately;
- (2) Exercises hot and cold holding of potentially hazardous foods after preparation or cooking;
- (3) Limits the complex preparation of potentially hazardous foods, including the cooking, cooling, and reheating for hot holding, to two or fewer items; or
- (4) Stores a significant amount of prepackaged potentially hazardous foods.
- B. Such retail establishments may include, but are not limited to, retail food store operations, schools that do not serve a highly susceptible population, and quick service operations, depending on the menu and preparation procedures.
[Amended 7-27-2010 by Ord. No. 2010-31]
- A. Any retail food establishment that:
- (1) Has an extensive menu which requires the handling of raw ingredients; and is involved in the complex preparation of menu items that includes the cooking, cooling, and reheating of at least three or more potentially hazardous foods; or
- (2) Prepares and serves potentially hazardous foods including the extensive handling of raw ingredients, and whose primary service population is a highly susceptible population.
- B. Such establishments may include, but are not limited to, full-service restaurants, diners, commissaries, and catering operations; or hospitals, nursing homes, and preschools preparing and serving potentially hazardous foods.
- RISK TYPE 4 ESTABLISHMENT
- A retail food establishment that conducts specialized processes such as smoking, curing, canning, bottling, and acidification designed to control pathogen proliferation, or any reduced oxygen packaging intended for extended shelf-life where such activities may require the assistance of a trained food technologist. Such establishments include those establishments conducting specialized processing at retail.
- A self-service store, larger in size and with a wider selection than a traditional grocery store, offering a variety of food merchandise, organized into departments such as meat, produce, dairy, and baked goods along with shelf space reserved for canned and packaged goods as well as for various nonfood items such as household cleaners, pharmacy products, and pet supplies.
- TEMPORARY RETAIL FOOD ESTABLISHMENT
- A retail food establishment that operates for a period of no more than 14 consecutive days in conjunction with a single event or celebration.
- A food-contact implement or container used in the storage, preparation, transportation, dispensing, sale, or service of food, such as kitchenware or tableware that is multiuse, single-service, or single-use; gloves used in contact with food; food temperature measuring devices; and probe-type price or identification tags used in contact with food.
- VENDING MACHINE
- A self-service device that, upon insertion of a coin, paper currency, token, card, or key, or by optional manual operation, dispenses unit servings of food in bulk or in packages without the necessity of replenishing the device between each vending operation.
[Amended 6-26-2012 by Ord. No. 2012-30]
No person or persons, firm or corporation shall pursue the business or occupation of keeping any restaurant, temporary retail food establishment, bakery, mobile or temporary food-handling unit, liquor store, retail food market, day-care center, educational facility, or shall own or maintain a food and/or beverage vending machine until the operator or operators thereof shall have first obtained from the Director of the Department of Health, as hereto provided, a license to carry on and conduct the same and shall pay the amount of license fee thereof as herein fixed by the City of Vineland. Such license shall be placed in a conspicuous place near the public entrance to the establishment along with the evaluation placard. In the case of a food and/or beverage vending machine, the operator having the responsibility to obtain said license shall be the owner of the vending machine, provided that an owner of a vending machine may, by written contract, delegate the responsibility of obtaining the license to the owner or lessee of the premises in which the vending machine is located; provided further, however, that in such case the owner of the vending machine must supply the Director of the Department of Health, prior to the date that the license fee must be paid, with a list of all persons to whom the responsibility of obtaining the licenses has been delegated, as well as the location of each said machine, and shall also file with said department a copy of each said agreement placing the burden of obtaining the license upon the owner or lessee of the premises upon which said vending machine has been placed, and, if the person other than the owner of the vending machine fails to obtain said license, the owner of the vending machine shall bear the responsibility for obtaining the same and paying the fees therefor.
Upon acceptance of the license issued by the Department of Health, the license holder in order to retain the license shall:
Comply with directives of the regulatory authority including time frames for corrective actions specified in inspection reports, notices, orders, warnings, and other directives issued by the regulatory authority in regard to the license holder’s food establishment or in response to community emergencies; and
Accept notices issued and served by the regulatory authority according to law.
Application for such license shall be made, in writing, to the Director of the Department of Health and shall state the name of the applicant, the address where said business is to be conducted and the name, address and phone number of the owner of the premises in which the business is to be conducted.
Any applicant for a temporary retail food license intending on utilizing a commercial food establishment owned by an entity other than the applicant as its base of operation, as required by N.J.A.C. 8:24-1 et seq., must submit its completed application not less than two weeks before the effective date of the license.
Mobile units requiring a valid license plate to operate shall provide the vehicle's license plate number on the application.
All such licenses as specified herein, excepting therefrom temporary retail food licenses, shall be ordered granted by City Council, but only after being approved by the Director of the Department of Health, in his or her discretion, bearing the date of issue, the name of the licensee, the purpose for which the same is granted and the location wherein such business is authorized to be conducted.
Temporary retail food licenses shall be issued by the Director of the Department of Health as is hereinafter set forth. The license shall have thereon the date the license shall become effective and expire, the name of the business, the purpose for which the same is granted and the location in which food will be dispensed.
No such license shall be transferable, except by City Council after approval of the Director of the Department of Health. No license shall be valid for the licensee to carry on said business in any other place or location than that specified in the license.
Suspension of license; discontinuance of operations.
[Amended 6-26-2012 by Ord. No. 2012-30]
The regulatory authority may summarily suspend a license to operate a food establishment if it determines through inspection, or examination of employees, food, records, or other means as specified in this chapter, that an imminent health hazard exists.
The Council may, for good and sufficient reason, revoke any such license; provided, however, that the licensee shall be afforded an opportunity to be heard and show cause why such revocation shall not be taken.
All licenses requiring an established commercial base of operation, pursuant to N.J.A.C. 8:24-1 et seq., shall, in addition to the completed retail food license application, submit application in the form and outline approved by the Directors of the Department of Health and Department of Law, executed by the applicant and owner of the commercial food establishment certifying the following:
The applicant is aware of the state law requiring all temporary/mobile retail food establishments to operate from a commissary or other fixed wholesale or retail food establishment (base of operation);
The commercial food establishment shall permit the applicant to utilize its establishment as the applicant's base of operation for the duration of the license period.
The fees for licenses issued under this section shall be as follows. Phase 1 shall be effective upon enactment. Phase 2 shall take effect one year after enactment and Phase 3 one year thereafter.
[Amended 7-27-2010 by Ord. No. 2010-31; 8-27-2013 by Ord. No. 2013-36]
Licenses for food and beverage vending machines shall expire as of March 31 of each year. Except as otherwise herein provided, all other licenses issued in accordance with this chapter shall expire as of December 31 of the year in which the same was issued.
Editor's Note: Former Subsection B, regarding exceptions to fees required under Subsection A, was repealed 7-27-2010 by Ord. No. 2010-31. This ordinance also provided for the redesignation of former Subsection C as Subsection B and the repeal of former Subsection D, regarding the fee required for business commenced on after July 1.
All required fees established by this chapter shall be paid by the applicant upon submission of applications or other associated documentation for a license, approval or certification or within 15 days of receipt of a statement for other program services outlined in § 563-6 from the City of Vineland Department of Health.
In the event that an applicant shall fail to pay the fees required by this chapter, or in the event that any payment shall be dishonored, suspended or cancelled, then any permit, approval, or certification that is the subject of such fee or payment shall be deemed cancelled.
Samples of food, drink and other substances may be taken and examined by the regulatory authority as often as may be deemed necessary for the detection of unwholesomeness or adulteration. The Health Officer may condemn and forbid the sale of or cause to be removed or destroyed any food or drink which is deemed to be unwholesome or adulterated.
[Amended 6-26-2012 by Ord. No. 2012-30]
As frequently as may be deemed necessary, the regulatory authority may inspect or cause to be inspected any retail food establishment located within the City of Vineland.
If a person denies access to the regulatory authority, the representative of the regulatory authority shall:
Inform the person that:
The license holder is required to allow access to the regulatory authority as specified under N.J.A.C. 8:24-8.2 and § 563-11;
Access is a condition of the acceptance and retention of a food establishment license to operate as specified under § 563-11; and
If access is denied, an order issued by the appropriate authority allowing access, hereinafter referred to as an inspection order, may be obtained according to law; and
Make a final request for access.
If, after the regulatory authority presents credentials and provides notice as specified under the above section, explains the authority upon which access is requested, and makes a final request for access as specified in the above-noted section, the person in charge continues to refuse access, the regulatory authority shall provide details of the denial of access on an inspection report form.
[Amended 6-26-2012 by Ord. No. 2012-30]
All retail food establishments licensed hereunder shall comply with all regulations as promulgated in N.J.A.C. 8:24 et seq. dealing with the construction, operation and maintenance of retail food establishments. A copy of N.J.A.C. 8:24 et seq. is annexed hereto and made a part hereof without the inclusion of the text herein.
By January 1, 2011, at least one person in charge at all Risk Type 2 establishments shall have successfully completed a food safety education program offered by the regulatory authority or other equivalent provider.
Whole meat roasts, including beef, corned beef, lamb, pork, and cured pork roasts such as ham shall be cooked in an oven that is preheated to the temperature specified for the roast's weight in the following chart and that is held at that temperature:
Ceramic, china, and crystal utensils, and decorative utensils such as hand-painted ceramic or china that are used in contact with food shall be lead-free or contain levels of lead not exceeding the limits of the following utensil categories:
Except as specified in N.J.A.C. 8:24 et seq., if any animal food such as beef, eggs, fish, lamb, milk, pork, poultry, or shellfish is served or sold raw, undercooked, or without otherwise being processed to eliminate pathogens, either in ready-to-eat form or as an ingredient in another ready-to-eat food, the operator shall inform consumers of the significantly increased risk of consuming such foods by way of a disclosure and reminder, as specified in Subsections B and C of this section using brochure, deli case or menu advisories, label statements, table tents, placards, or other effective written means.
Disclosure shall include:
A description of the animal-derived foods, such as "oysters on the half shell" (raw oysters), "raw-egg Caesar salad" and "hamburgers" (can be cooked to order); or
Identification of the animal-derived foods by asterisking them to a footnote that states that the items are served raw or undercooked, or contain (or may contain) raw or undercooked ingredients.
The reminder shall include asterisking the animal-derived foods requiring disclosure to a footnote that states:
Regarding the safety of these items, written information is available upon request;
Consuming raw or undercooked meats, poultry, seafood, shellfish, or eggs may increase your risk of foodborne illness; or
Consuming raw or undercooked meats, poultry, seafood, shellfish, or eggs may increase your risk of foodborne illness, especially if you have certain medical conditions.
If required by law, consumer warnings shall be provided.
[Added 6-26-2012 by Ord. No. 2012-30]
Except as specified in Subsection D of this section, refrigerated, ready-to-eat, potentially hazardous food prepared and held in a food establishment for more than 24 hours shall be clearly marked to indicate the date or day by which the food shall be consumed on the premises, sold or discarded, based on the temperature and time combinations specified below. The day of preparation shall be counted as Day 1.
Except as specified in subsections D and E of this section, refrigerated, ready-to-eat, potentially hazardous food prepared and packaged by a food processing plant shall be clearly marked, at the time the original container is opened in a retail food establishment and if the food is held for more than 24 hours, to indicate the date or day by which the food shall be consumed on the premises, sold, or discarded, based on the temperature and time combinations specified in Subsection A of this section and:
A refrigerated, ready-to-eat potentially hazardous food that is frequently rewrapped, such as lunch meat or a roast, or for which date marking is impractical, such as soft-serve mix or milk in a dispensing machine, may be marked as specified in Subsections A or B of this section, or by an alternative method acceptable to the regulatory authority.
Subsection B of this section does not apply to the following when the face has been cut, but the remaining portion is whole and intact:
Fermented sausages produced in a federally inspected food processing plant that are not labeled "keep refrigerated" and which retain the original casing on the product;
Shelf-stable, dry, fermented sausages; and
Shelf-stable salt-cured products such as prosciutto and Parma (ham) produced in a federally inspected food processing plant that are not labeled "keep refrigerated."
A refrigerated, ready-to-eat, potentially hazardous food ingredient or a portion of a refrigerated, ready-to-eat, potentially hazardous food that is subsequently combined with additional ingredients or portions of food shall retain the date making of the earliest-prepared or first-prepared ingredient.
Subsection B of this section does not apply to foods exempted under the most current FDA Model Food Code 3-501.17E and F.
[Added 7-27-2010 by Ord. No. 2010-31]
A food subject to date marking under § 563-14A shall be discarded if it:
[Added 6-26-2012 by Ord. No. 2012-30]
Exceeds the temperature and time combination specified in N.J.A.C. 8:24, except time that the product is frozen;
Is in a container or package that does not bear a date or day; or
Food establishment or manufacturers’ dating information on foods may not be concealed or altered.
[Added 6-26-2012 by Ord. No. 2012-30]
The Health Officer may order any person who takes part in the actual operation of the retail food establishment or any employee in the same who is suspected of being ill or infected with a reportable or communicable disease, or who has been exposed to a reportable or communicable disease, to submit to a physical examination, X-ray studies, laboratory studies, and such other diagnostic procedures as deemed necessary to determine whether or not such person is communicable to others or is a carrier of disease.
In case such physical examination and/or physician report shall indicate that any of such persons are suffering from any reportable or communicable disease, then in such case the Health Officer or the Director of the Department of Health is then authorized to require either or both of the following measures:
The immediate exclusion of the owner, operator or employee from all retail food establishments until pronounced recovered or cured by a duly licensed New Jersey physician.
The immediate closing of the retail food establishment concerned until no danger of disease outbreak exists, in the opinion of the Health Officer.
The Health Officer or the Director of the Department of Health may prohibit the sale or distribution of food which:
Based on the findings of the investigation as specified in N.J.A.C. 8:24-8.8 and §§ 563-15 and 16, to control disease transmission, the regulatory authority may issue an order of restriction or exclusion to a suspected food employee or the permit holder without prior warning, notice of a hearing, or a hearing if the order:
[Added 6-26-2012 by Ord. No. 2012-30]
States the reasons for the restriction or exclusion that is ordered;
States the evidence that the food employee or license holder shall provide in order to demonstrate that the reasons for the restriction or exclusion are eliminated;
States that the suspected food employee or the license holder may request an appeal hearing by submitting a timely request as provided in law; and
Provides the name and address of the regulatory authority representative to whom a request for an appeal hearing may be made.
The reports made pursuant to this section shall be used only by the City of Vineland Department of Health, and such other agencies as may be designated by the Health Officer to carry out mandated duties, including the duty to control and suppress infectious diseases.
Medical and epidemiologic information which is gathered in connection with an investigation of a reportable disease or infectious agent and which identifies an individual is confidential and not open to public inspection without that individual's consent, except as may be necessary to carry out duties to protect the public health as determined by the Health Officer.
Medical or epidemiologic information collected pursuant to this section may be disclosed in statistical or other form which does not disclose the identity of any individual.
Except as specified in Subsection A(2) of this section, a retail food establishment license holder shall at the time of inspection correct a violation of a critical item of N.J.A.C. 8:24 et seq. and implement corrective actions for a HACCP plan provision that is not in compliance with its critical limit.
Considering the nature of the potential hazard involved and the complexity of the corrective action needed, the regulatory authority may agree to or specify a longer time frame, not to exceed 10 calendar days after the inspection, for the license holder to correct violations of a critical item or HACCP plan deviations.
Verification and documentation of correction.
After observing at the time of inspection a correction of a violation of a critical item or deviation, the regulatory authority shall enter the violation and information about the corrective action on the inspection report.
As specified in Subsection A of this section, after receiving notification that the license holder has corrected a violation of a critical item or HACCP plan deviation, or at the end of the specified period of time, the regulatory Authority shall verify correction of the violation, document the information on an inspection report, and enter the report in the regulatory authority's records.
Time frame for correction. The license holder shall correct noncritical violations by a date and time agreed to or specified by the regulatory authority but no later than 90 calendar days after the inspection. However, the regulatory authority may approve a compliance schedule that extends beyond the aforesaid time limits if a written schedule of compliance is submitted by the permit holder and no health hazard exists or will result from allowing an extended schedule for compliance.
Response to notice of hearing or request for hearing; basis and time frame.
A person who receives a notice of hearing for an administrative remedy and elects to respond to the notice shall file a response as specified in Subsection E of this section within seven calendar days after service.
A license applicant may request a hearing regarding the disposition of an application for a new or revised license if the regulatory authority does not issue or denies the license.
A license holder may request a hearing to address concerns about the regulatory authority's denial of application for a retail food license or compliance action.
A person desiring a hearing in response to a denial of an application for a retail food license or an adverse administrative determination shall submit a hearing request to the regulatory authority within 10 calendar days of the date of the denial, inspection, or compliance action.
Response to a notice of hearing or request for hearing, required form and contents. A response to an administrative hearing notice or a request for a hearing, as specified in Subsection D of this section, shall be in written form and contain the following:
Provided upon request. The Director of the Department of Health or Health Officer shall hold hearings according to N.J.S.A. 24:15-11 and the provisions of this chapter:
As determined necessary by the regulatory authority to accomplish the purpose and intent of this chapter; and
[Added 6-26-2012 by Ord. No. 2012-30]
According to time limits imposed by law, the regulatory authority may place an embargo on a food that:
Should an embargo notice be issued, said notice shall:
State that food subject to the order may not be used, sold, moved from the food establishment, or destroyed without a written release of the order from the regulatory authority;
State the specific reasons for placing the food under embargo with reference to the applicable provisions of this Code or other applicable regulation and the hazard or adverse effect created by the observed condition;
Completely identify the food subject to the embargo by the common name, the label information, a container description, the quantity, regulatory authority's tag or identification information, and location;
State that the license holder has the right to an appeal hearing and may request a hearing by submitting a timely request as specified in § 563-18;
State that the regulatory authority may order the destruction of the food if a timely request for an appeal hearing is not received; and
Provide the name and address of the regulatory authority representative to whom a request for an appeal hearing may be made.
If the regulatory authority has reasonable cause to believe that the embargo will be violated, or finds that the order is violated, the regulatory authority may remove the food that is subject to the order to a place of safekeeping.
Any person, corporation or member of a partnership or corporation violating any of the provisions of this chapter shall, upon conviction, be subject to a penalty of not less than $250 nor more than $1,000 and, upon failure to pay said fine, may be committed to the county jail for a period not exceeding 10 days. Each violation of any of the provisions of this chapter shall be deemed and taken to be a separate and distinct offense, which penalty shall be sued for and recovered in an action before the City of Vineland Municipal Court, by either summons or warrant, and shall be prosecuted in the name of said city.
In addition to the penalty prescribed in § 563-19 and the revocation provisions of § 563-5, the Department of Health may temporarily close any retail food establishment, temporary retail food establishment, mobile unit, etc., if any defendant convicted of violation of any of the provisions of this chapter twice within a period of six months, for a period of from five days to 10 days, or until City Council acts upon a permanent revocation under § 563-5 hereof, and may cause a notice to be posted on the main entrance of said restaurant or temporary retail food establishment reading "Closed by the City of Vineland Department of Health."
[Added 6-26-2012 by Ord. No. 2012-30]
If the regulatory authority approves a HACCP plan as required under N.J.A.C. 8:24-3.5i or Ordinance No. 148, the license holder shall:
Comply with the approved HACCP plans and procedures that are submitted as specified under N.J.A.C. 8:24-9.1; and
Maintain and provide to the regulatory authority, upon request, records specified under N.J.A.C. 8:24-9.1 that demonstrate that the following are routinely employed:
In a food establishment that serves a highly susceptible population, the following criteria apply to juice:
For the purposes of this Subsection B only, children who are age nine or less and receive food in a school, day-care setting, or similar facility that provides custodial care are included as highly susceptible populations;
Unpackaged juice that is prepared on the premises for service or sale in a ready-to-eat form shall be processed under a HACCP plan that contains the information specified under N.J.A.C. 8:24-9.1 and as specified in 21 CFR 120, Hazard Analysis and Critical Control Point (HACCP) Systems, Subpart B Pathogen Reduction, 120.24 Process controls.