[HISTORY: Adopted by the Board of Health of the Borough of Harrington Park 10-3-2011. Amendments noted where applicable.]
Pursuant to N.J.S.A. 26:1A-9, the provisions of N.J.A.C. 8:24-1.1 et seq., Sanitation in Retail Food Establishments and Food and Beverage Vending Machines, shall be enforced in the Borough of Harrington Park by the Board of Health.
No person shall operate a retail food establishment or food and beverage vending machine unless a license to operate the same shall have been issued by the Board of Health. Such license shall be posted in a conspicuous place in such establishment and/or on such vending machine.
There shall be a fee established for a license or license approval issued pursuant to this article. Retail food establishment licenses and associated fees shall be as established in Chapter 373, Fees.
Licenses issued pursuant to this article shall expire annually on December 31 of each year, and the fee therefor shall not be prorated from the date of issuance. Applications for renewal thereof shall be submitted, together with the required fee, prior to December 15 of each year.
Licenses issued pursuant to this article shall neither be transferable nor construed as authorizing the licensee to carry on the business at any place other than that specified in the license itself.
Licenses issued pursuant to this article may be revoked by the Board of Health for any good or sufficient reason, provided that due notice thereof shall be given to the licensee and a hearing held before the Board of Health, at which time an opportunity shall be afforded the licensee to show cause why the license should not be revoked.
Any person or persons, firm or corporation violating any of the provisions of or order promulgated under this article shall, upon conviction thereof, be punished as provided in Chapter 352, Article III, Enforcement and Penalties. Each day a particular violation continues shall constitute a separate offense.
The purpose of this article is to establish the requirements for the specific health-related education of those individuals responsible for overseeing retail food and/or beverage preparation, processing and storage.
For the purpose of this article, and in the interpretation and application of any amendments adopted hereafter, except as the context may otherwise require, definitions recited in N.J.A.C. 8:24-1.5 shall apply. For the purpose of this article, the following additional terms shall have the meaning indicated:
- FOOD HANDLER'S CERTIFICATE
- A certificate issued to a person by the Board of Health certifying successful completion of a course of general instruction in bacteria characteristics and growth, spread of food-borne diseases, methods of preventing food poisoning, proper food-handling techniques, equipment and establishment sanitation, dishwashing and sanitizing, and insect and rodent control. The prescribed course shall be given by or have received approval by the Harrington Park Board of Health.
- Any person charged with the responsibility of overseeing the operation of any establishment, including the supervision of employees engaged in the preparation, processing and storage of food or drink intended for on- or off-premises human consumption.
No new retail food establishment or establishment which has changed ownership shall operate for more than 60 days without the supervisor employed in that establishment applying for a food handler's certificate.
No new retail food establishment or establishment which has changed ownership shall operate for more than six months without the supervisor employed in that establishment being a holder of a valid food handler's certificate.
Six months from the effective date of this article and thereafter, except as provided in Subsections A, B and G of this section, no establishment shall be in operation or open for business in the preparation or processing of food or drink intended for human consumption without having a visibly posted certificate and a supervisor who is actively engaged in the supervisory aspects of the preparation, handling and storage of food and who has a valid food handler's certificate.
A food handler's certificate shall be issued to any person successfully completing a course of instruction given or approved by the Harrington Park Borough Board of Health. The cost of such course shall be borne by the applicant.
No person to whom a food handler's certificate is issued shall give, loan, transfer or permit the same to be used by any other person, for any purpose whatsoever.
A food handler's certificate shall be valid for a period of three years after the date of issue. The holder of this certificate must successfully complete the food handler's course 30 days prior to its expiration date, in order to maintain a valid certificate.
Agricultural markets and church or nonprofit-type institution meal service shall be exempt from the requirements of Subsections A, B and C of this section if because of infrequent, noncontinuous, unique or limited nature food preparation or processing, the Harrington Park Borough Board of Health determines that the public health will not be jeopardized by the absence of a certified food handler on the premises. The Harrington Park Borough Board of Health will conduct voluntary food-handling courses for those organizations requesting training or where a determination is made that such training is necessary.