[HISTORY: Adopted by the Board of Health of the Township of Fredon 3-2-1970 (Ch. BH-II of the 1972 Revised General Ordinances). Amendments noted where applicable.]
Fees — See Ch. 245.
A code regulating retail food handling establishments, providing for the inspection of such establishments, and fixing penalties for violations is hereby adopted. A copy of the code is annexed hereto and made a part hereof without the inclusion of the text thereof herein.
The Code established and adopted by this chapter is described and commonly known as the "Retail Food Establishment Code of New Jersey - 1965."
Three copies of the "Retail Food Establishment Code of New Jersey - 1965" have been placed on file in the office of the secretary of the Board of Health of the Township and will remain on file for the use and examination of the public.
[Amended by Ord. No. BH:1-77]
As used in this chapter, the following terms shall have the meanings indicated:
- FOOD ESTABLISHMENT OPERATOR
- The individual proprietor, partners, or the corporation, firm or organization representative directly responsible for the overall management of a retail food establishment.
- FOOD HANDLER
- Any person in a retail food establishment who routinely comes into contact with food, beverages, utensils, or food equipment.
- 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, the food establishment operator is considered to be the food service manager.
- RETAIL FOOD ESTABLISHMENT
- A retail food establishment, mobile food establishment, or agricultural market as defined in Chapter 12 of the New Jersey State Sanitary Code.
Permit required. No person shall operate a retail food-handling establishment unless a permit shall have been issued by the Township Board of Health. Such permit shall be posted in a conspicuous place in such establishment.
Expiration. Permits issued under the provisions of this chapter shall expire annually on December 31 and application for renewal thereof shall be submitted, together with the required fee, prior to December 10 of each year.
Itinerant establishments. A person conducting an itinerant retail food handling establishment shall secure a permit, or if such person is the holder of a certificate, permit, or license issued by a Board of Health of another jurisdiction, such certificate, permit or license may be approved by the Township Board of Health, and there shall be a fee as set forth in § 245-2A for such approval.
Revocation or suspension. A permit or approval of certificate, permit or license, may be suspended or revoked for violation by the holder of any provision of this chapter, or the Code hereby adopted, after an opportunity for hearing by the Board of Health or its authorized representatives.
Transferability. A permit is not transferable nor is an approval transferable of a certificate, permit or license issued by another Board of Health.
Hearing. A permit issued under the terms and provisions of this chapter shall not be revoked, canceled or suspended until a hearing thereon shall have been held by the Board of Health. Written notice of the time and place of such a hearing shall be served upon the permittee at least three days prior to the date set for such hearing. Such notice shall also contain a brief statement of the grounds to be relied upon for revoking, canceling, or suspending such permit. Notice may be given either by personal delivery thereof to the person to be notified, or deposited in the United States Postal Service in a sealed envelope postage prepaid addressed to such person to be notified at the business address appearing upon the permit at least five days prior to the date set for the hearing. At the hearing before the Board of Health, the person aggrieved shall have an opportunity to answer and may thereafter be heard, and upon due consideration and deliberation by the Board of Health, the complaint may be dismissed or if the Board concludes that the charges have been sustained and substantiated, it may revoke, cancel or suspend the permit held by the permittee.
Enforcement. The provisions of this chapter shall be enforced by the Sussex County Health Department.
[Added by Ord. No. BH:1-82; amended by Ord. No. 99-06]
[Added by Ord. No. BH:1-77]
Certified food service manager required for operation of establishment.
Responsibilities for food handler training.
The certified food service manager shall train food handlers in the basics of food sanitation. The food establishment operator shall be responsible for seeing that organized training activities are conducted.
The Health Department will be available to assist the food service manager and operator in developing an effective food handler training program.
Exemptions. The following types of retail food establishments are specifically exempt from the requirements of this section:
Retail food establishments whose only products are factory-sealed or prepackaged food products that do not require refrigeration.
Any other simple retail food operation which, in the judgment of the Board of Health, would not reasonably necessitate a resident certified food service manager.
Application for certification. A food service manager seeking certification shall make application to the Board of Health or its authorized agent within 30 days following the effective date of this chapter. A food service manager beginning work after this date shall make application at least 30 days prior to assuming such duties. Where 30 days' advance notice is not possible, application shall be made as soon as the applicant knows that he or she is to be a food service manager.
Certification requirements. An applicant shall be registered as a "certified food service manager" upon successful completion of the following:
Attendance at a course on the principles of food sanitation. Courses shall be approved by the Board of Health.
Passing a written examination on the subject matter presented in the course. The examination shall be administered by an agency approved by the Board of Health.
Waiver of course. An applicant for certification renewal may request that the course be waived. If such waiver is granted, certification shall be renewed upon the applicant's successful performance in the written examination.
Term. A certification shall be subject to renewal after a period of two years, or less as provided in paragraph Subsection F(6).
Renewal procedure. Application for certification renewal shall be made at least 60 days prior to expiration. To be recertified, an applicant shall repeat the requirements for initial certification, except as provided in Subsection E.
Temporary certification. Applicants shall be placed on a temporary certification register. Such temporary certification shall be valid until an approved course and examination are offered. The Board of Health or its authorized agent shall notify applicants when and where the course will be held.
Permanent certification. After a food service manager has been recertified once, certification shall be permanent. No further recertification will be required, providing an acceptable level of performance is maintained. The Health Department reserves the right to suspend certification at any time, if warranted.
Reciprocal certification. The Board of Health may certify a food service manager holding a current certification from another agency with substantially equivalent standards. The Board reserves the right to require an examination before granting reciprocal certification.
Suspension. The Health Department shall, from time to time, conduct inspections and/or collect official samples to determine an establishment's degree of compliance with Chapter 12 of the New Jersey State Sanitary Code. The certification of the food service manager working in the establishment shall automatically be suspended and subject to immediate renewal, without course waiver, if either of the following inspection results is found:
Penalties. Any person who shall violate any of the provisions of this section shall, upon conviction, be punished by a fine not less than $25, nor greater than $100. Each day a particular violation continues shall constitute a separate offense.