[HISTORY: Adopted by the Township Council of the Township of Hamilton as indicated in article histories. Amendments noted where applicable.]
[Adopted as Ch. 58, Art. II, of the 1994 Code of Ordinances]
It is found by the Township Council that prepackaged fresh-cut meats offered for sale by food dealers and retail food establishments in the Township are often contained within partially transparent sealed wrapping or are shingled or layered when packaged, making the condition and contents thereof not fully and wholly visible to the consumer because of the shingling or layering of meats and the insertion of a cardboard or opaque substance on one or more sides of such transparent packaging.
The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
- FOOD DEALER
- Every person and his agents or employees engaged in the business of selling, offering or exposing for sale food at retail for human consumption either on or off the premises where sold.
It shall be unlawful for any food dealer in the Township to sell or offer or expose for sale at retail any sealed, prepackaged, unprocessed or untreated fresh-cut meat, cut or packaged on the premises, unless the packaging is colorless and transparent on both sides, exclusive of labeling, which labeling shall not occupy more than 10% of one side of the package, or which fresh-cut meat is layered or shingled making the contents of the package not wholly visible. This article shall not apply to frozen meat or meat commonly designated or known as chopped meat, ground meat, fowl, sausage or frankfurters.
[Adopted 3-22-2012 by Ord. No. 12-009 (Ch. 58, Art. III, of the 1994 Code of Ordinances)]
[Amended 6-16-2015 by Ord. No. 15-025]
No person shall operate a retail food establishment as defined in Title 8, Chapter 24, of the State Sanitary Code, entitled "Sanitation in Retail Food Establishments and Food and Beverage Vending Machines," without first having obtained a license from the Township and paid the required license fee. The term of the license shall be for a period of one year, with all licenses to expire on December 31. Each license shall apply only to the person to whom it was issued, and no license shall be transferable to another person. Every license and inspection report shall be posted in a prominent, readily visible location near the licensed establishment's main entrance. A license shall be surrendered upon closure of the business for which it was issued.
In addition to the requirements contained in § 235-4, each application for a license under this article shall be investigated by the Health Officer, who shall report his findings in writing to the Director of Health, Recreation, Senior and Veterans Services within a reasonable time. No license shall be issued unless the Health Officer reports that the applicant conforms to all provisions of Chapter 24 of the State Sanitary Code.
License classes. (Based on risk type classifications per N.J.A.C. 8:24.)
There shall exist six classes of license under this article according to the following schedule:
Risk Type 1.
Serves or sells only prepackaged, nonpotentially hazardous foods;
Prepares only nonpotentially hazardous foods; or
Heats only commercially processed potentially hazardous foods for hot holding and do not cool potentially hazardous foods.
Such retail food establishments may include, but not be limited to, convenience store operations, hot dog carts, and coffee shops.
Risk Type 2.
Prepares, cooks, and serves most products immediately;
Exercises hot and cold holding of potentially hazardous foods after preparation or cooking; or
Limits the complex preparation of potentially hazardous foods, including the cooking, cooling, and reheating for hot holding, to two or fewer items.
Such retail food establishments may include, but not be 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.
Risk Type 3.
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
Prepares and serves potentially hazardous foods, including the extensive handling of raw ingredients, and whose primary service population is a highly susceptible population.
Such establishments may include, but not be 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.
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.
Such establishments include those conducting specialized processing at retail.
Note: Some retail food establishments will be classified as a Risk Type 3 and 4 because of food processing done on site. (Retail food establishments that prepare sushi on site will fall into both risk types due to the acidification process used when preparing sushi rice.)
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.
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.
Exemption. The following applicants shall be exempt from the payment of fees for the licenses described in this section: any corporation or association organized and operated for religious, charitable, literary, recreational or educational purposes and which has a properly issued tax immunity certificate from the Director of the Division of Taxation of the state. In lieu of a tax immunity certificate, the corporation or association may provide the Township with an affidavit of its president or duly authorized official stating that the corporation or association is organized and operated for religious, charitable, literary, recreational or educational purposes.
Late fee schedule. Any licensee who fails to renew a license shall be required to pay a late fee as set forth in Chapter 215, Fees, of the Township Code, for each 30 days the renewal is late. The license renewal and applicable fee are due by January 31 of each year.
The reinspection fees for retail food establishments that receive a conditional satisfactory or unsatisfactory rating, as defined in N.J.A.C. 8:24-8.11, are set forth in Chapter 215, Fees, of the Township Code.
[Amended 6-16-2015 by Ord. No. 15-025]
Fee shall be paid prior to reinspection to determine if the cause for the "conditional satisfactory" or "unsatisfactory", as defined by N.J.A.C. 8:24-8.11, has been abated.