[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:
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.
A.
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.
B.
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.
C.
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.
D.
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.
E.
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.
F.
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.
G.
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.
