[Derived from Secs. 21-1, 21-4 and 21-7 of the 2002 Revised
General Ordinances, adopted 12-16-2002 by Ord. No. 02-27]
[Amended 9-17-2007 by Ord. No. 07-14]
The words and phrases defined in N.J.A.C. 8:24-1.5 shall govern
the meaning of the words and phrases used in this article, except
as indicated otherwise.
[Amended 9-17-2007 by Ord. No. 07-14; 1-17-2012 by Ord. No. 12-01]
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 Township of Clark.
[Amended 1-17-2012 by Ord. No. 12-01]
Three copies of the provisions of N.J.A.C. 8:24-1.1 et seq.
have been placed on file in the offices of the Township Clerk and
Bureau of Health for the use and examination of the public.
[Amended 1-17-2012 by Ord. No. 12-01]
A. Distribution
permit and location license required.
(1) No distributor shall engage in the operation of a food and beverage
vending machine business for profit without having obtained a distribution
permit to do so from the Bureau of Health or without complying with
all the provisions of N.J.A.C. 8:24-1.1 et seq.
(2) No person, other than a distributor, shall maintain or permit the
maintenance of any food or beverage vending machine without having
obtained a location license for each machine from the Bureau of Health
or without complying with the provisions of N.J.A.C. 8:24-1.1 et seq.
(3) All food and beverage vending machines shall be subject to inspection
by the Bureau of Health.
B. Applications.
Applications for permits or licenses shall be made to the Bureau of
Health in accordance with the provisions of N.J.A.C. 8:24-1.1 et seq.
and shall be accompanied by the appropriate fee.
C. Fees; terms;
transfers.
(1) Fees.
[Amended 11-21-2016 by Ord. No. 16-11; 1-17-2023 by Ord. No. 23-04]
(a)
The fees for permits and licenses required in excess of four
days by this article shall be $275 per food and/or beverage vending
machine.
(b)
The fees for permits and licenses required for four days or
less shall be $50 for each day to a maximum of $ 175.
(2) Expiration.
(a)
All permits and licenses issued after November 8, 2000, shall
expire on December 31 of the licensing year.
(b)
All retail food establishment licenses, including mobile vendors
and vending machines, shall be renewed annually no later than February
1 of the licensing year. A late fee of $100 per month shall be added
to the existing license fee after February 1.
Any person who violates any provisions of this article shall, upon conviction thereof, be liable to the penalty stated in Chapter
1, Article
III, General Penalty.
[Derived from Secs. 21-2 and 21-7 of the 2002 Revised General
Ordinances, adopted 12-16-2002 by Ord. No. 02-27]
[Amended 9-17-2007 by Ord. No. 07-14]
As used in this article, the following terms shall have the
meanings indicated:
EMPLOYEE
The operator, person in charge, person having supervisory
or management duties, person on the payroll, family member, volunteer,
person performing work under contractual agreement, or other person
working in a retail food establishment.
FOOD
A raw, cooked, or processed edible substance, ice, beverage,
or ingredient used or intended for use or for sale, in whole or part,
for human consumption, including chewing gum.
RETAIL FOOD ESTABLISHMENT
An operation that stores, prepares, packages, serves, vends
or otherwise provides food for human consumption.
RISK 1 ESTABLISHMENT
Any retail food establishment that:
A.
Serves or sells only prepackaged foods that are not potentially
hazardous;
B.
Prepares only foods that are not potentially hazardous; or
C.
Heats only commercially processed, potentially hazardous foods
for hot holding and does not cool potentially hazardous food.
RISK 2 ESTABLISHMENT
Any retail food establishment that has a limited menu and:
A.
Prepares, cooks and serves most products immediately;
B.
Exercises hot and cold holding of potentially hazardous foods
after preparation or cooking; or
C.
Limits the complex preparation of potentially hazardous food,
including the cooking, cooling, and reheating for hot holding, to
two or fewer items.
RISK 3 ESTABLISHMENT
Any retail food establishment that:
A.
Has an extensive menu which requires 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
B.
Prepares and serves potentially hazardous foods, including the
extensive handling of raw ingredients, and whose primary service population
is a highly susceptible population.
RISK 4 ESTABLISHMENT
A retail food establishment that conducts specialized processes,
such as smoking, curing, canning, bottling, 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.
SUPERVISOR
The operator, person in charge or designated person in charge
and shall ensure that a person in charge is present at the retail
food establishment during all hours of operation.
[Amended 9-17-2007 by Ord. No. 07-14]
By January 2, 2010, at least one person in charge of a Risk
2, Risk 3 and Risk 4 type of food establishment shall be a certified
food protection manager who has shown proficiency of required information
through obtaining a food safety certificate by passing a food safety
certification examination administered by an accredited certifying
program recognized by the Conference for Food Protection. Certified
food protection managers shall maintain the currency of the food safety
certificate by following the accredited certifying program's requirements
for renewal.
No establishment shall operate without the supervisor(s) employed
in that establishment completing 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 sanitization
and insect and rodent control.
A food handler's certificate may be granted to a supervisor
who has taken a comparable course of instruction approved by the Health
Officer of the Township of Clark.
No person to whom a food handler's certification is issued or
granted shall give, loan, transfer or permit the same to be used by
any other person for any purpose whatsoever.
Any person who violates any provisions of this article shall, upon conviction thereof, be liable to the penalty stated in Chapter
1, Article
III, General Penalty.