[HISTORY: Adopted by the Board of Health
of the Borough of East Rutherford as indicated in article histories.
Subsequent amendments noted where applicable.]
GENERAL REFERENCES
Sanitary Code — See Ch. 396.
[Adopted 12-3-1998 by Ord. No. BH98-1]
A code regulating retail food handling establishments,
providing for the inspection of such establishments and fixing penalties
for violations is hereby established pursuant to N.J.S.A. 2:3-69.1
to 2:3-69.6.
[Amended 11-1-2007 by Ord. No. 2007-6]
Said Code established and adopted by this article
is described and commonly known as the "New Jersey Sanitary Code,
Chapter 24, 'Sanitation in Retail Food Establishments and Food and
Beverage Vending Machines.'"
[Amended 11-1-2007 by Ord. No. 2007-6]
Three copies of said State of New Jersey Sanitary
Code, Chapter 24, have been placed on file in the office of the Secretary
of this local Board of Health upon introduction of this ordinance
and will remain on file there until final action is taken on this
ordinance for the use and examination of the public.
[Amended 11-1-2007 by Ord. No. 2007-6]
A.
No retail food establishment, including restaurant, diners and any
other establishments selling or serving food to the public in the
Borough of East Rutherford, shall be granted a retail food establishment
license unless the owner, manager or employee in charge of other employees
serving food on each particular shift has successfully completed a
course prescribed by the East Rutherford Board of Health pertaining
to health, education, sanitation, personal hygiene, food poisoning,
dish-washing procedures, germs, insects and rodents, and other health-related
matters. The certificate of satisfactory completion of a three-hour
food handler's course or similar food handler's course shall
be effective for two years from the date of the issuance.
B.
Completion of course; temporary license.
(1)
Commencing upon publication of this section after final passage,
each owner, manager or employee in charge of other employees serving
food on each particular shift shall complete the first available food
handler's course prior to the Board of Health issuing an annual
license to the retail food establishment. In addition, before a license
shall be issued, the retail food establishment shall pay the appropriate
fee in accordance with this article.
(2)
Commencing upon publication of this section after final passage, where an owner, manager or employee in charge of other employees serving food on each particular shift has not completed a food handler's course as set forth in Subsection A of this section, the East Rutherford Board of Health may issue a temporary retail food license which shall expire 90 days thereafter. For the issuance of such a temporary retail food license, the retail food establishment shall pay the normal fee charged for the permit together with a special surcharge for the temporary retail food license in the amount of $50.[1] No part of the surcharge shall be returned. The surcharge shall be used for the sole purpose of administering this article on those retail food establishments whose owner, manager or employee in charge of other employees serving food on each particular shift has not successfully completed a food handler's course as set forth in Subsection A of this section.
C.
Additionally, commencing upon publication of this section after final
passage, each new owner or manager of a retail food establishment
where food is prepared is required to take the first available food
manager's certification course approved by the Board of Health,
and employees in charge of other employees serving food on a particular
shift must take the three-hour food handler's course or similar
food handler's course approved by the Board of Health. The East
Rutherford Board of Health shall issue a temporary retail food license
which shall remain in effect for 90 days from the date of its issuance
or until the required food manager's certification course and
food handler's course has been given and satisfactorily completed.
This person attending the food manager's course must be the person
in charge of the daily operation of food preparation. For the issuance
of such a temporary retail food license, the retail food establishment
shall pay the normal fee charged for the permit together with a special
surcharge for the temporary retail food license in the amount of $50.[2] No part of the surcharge shall be returned.
D.
If there is no owner, manager or employee in charge of other employees
serving food to others on each particular shift who has satisfactorily
completed the approved food manager's certification course or
three-hour food handler's course in accordance with this article,
then the retail food establishment shall be issued a summons to appear
before the East Rutherford Board of Health to answer to the violation.
E.
Ratings; summons.
(1)
Any retail food establishment which receives an "unsatisfactory"
rating from the appropriate official inspecting the premises shall
immediately cease from serving any food or similar products until
the license has received a "satisfactory" rating from the inspector
conducting such inspections.
(2)
Any retail food establishment which receives two consecutive conditional
"satisfactory" ratings within any one-year period, shall have its
owner or manager appear at the next meeting of the East Rutherford
Board of Health to show cause why its license shall not be suspended
for failing to operate its premises in accordance with Chapter 24
of the New Jersey Sanitary Code. The conditional "satisfactory" shall
be posted on the premises for such time as the Board of Health and/or
inspector believes it is necessary for the preservation of the public
health and safety. In addition, its owner or manager must take and
satisfactorily complete the next available approved food manager's
certification course.
(3)
In addition to the remedies stated above, the inspector conducting
the inspections shall cause appropriate summons to be issued for the
violation of Chapter 24 of the New Jersey Sanitation Code, ordinances
of the Borough of East Rutherford and applicable statutes of the State
of New Jersey.
Any person who violates any provision of or
order promulgated under this Ordinance shall, upon conviction thereof,
be liable to a penalty of not less than $50, nor more than $500 for
each violation. Each day a particular violation continues shall constitute
a separate offense.
[Adopted 9-12-2013 by Ord. No. 2013-01]
No person, persons, firm or corporation shall operate a temporary
food establishment within the limits of the Borough of East Rutherford
or permit the operation of any of the same on the premises or property
unless and until following license therefor are first obtained from
the Department of Health:
A.
Temporary food establishment license. The person, persons, firm or
corporation responsible for organizing and running a special event
involving the serving of food to the public, whether with or without
charge, including carnivals, circuses, picnics, fairs end similar
events, shall apply for and obtain a temporary food establishment
license.
B.
A temporary food establishment license shall be required for each
individual stand, kiosk, booth, table, or similar conveyance at the
special event from which food will be served to the public. It shall
be the duty of the temporary food license applicant to apply for and
obtain all temporary food establishment licenses necessary for the
event. The temporary food establishment licensee shall ensure that
only licensed temporary food establishments operate at this event.
The person, persons, firm or corporation responsible for organizing
and running a special event involving the serving of food to the public
shall apply, in writing, on forms promulgated and supplied by the
Department of Health. Such forms shall be duly verified by the applicant.
The applicant shall set forth:
A.
The name, permanent addresses and telephone number of the person,
persons firm or corporation who shall serve as the temporary food
establishment licensee and who shall be responsible for organizing
and running a special event involving the serving of food to the public.
B.
If the applicant is a corporation, partnership, LLP or LLC, the name
and address of its registered agent.
C.
The full name, location, date(s), and rain date(s) for the special
event.
D.
A list for all temporary food establishments which will be operating
at the event and the name, permanent address and telephone number
for the person, persons, firm or corporation who will be operating
each temporary food establishment, along with a list of foods which
will be prepared and served at the establishment.
Upon receipt of an application for a special event in which
food will be served to the public, the Department of Health shall
conduct an investigation into the plans for preparation and serving
of the food, including qualifications of food handlers and the type
of equipment to be used. Upon preliminary satisfactory evidence of
compliance with this article and N.J.A.C. 8:24-1.1 et seq., the Department
of Health shall issue a temporary food establishment license. Based
on the Registered Environmental Specialist's investigation, a
food handler's certificate may be necessary in order to obtain
a temporary license. All applications for special event temporary
food establishment licenses must be completed and submitted to the
Department of Health at least 10 calendar days before the event.
A.
The following license fees shall be made payable to the Borough of
East Rutherford:
(1)
Temporary food establishment license for nonpotentially hazardous
foods: $25.
(2)
Temporary food establishment license for a one-day event: $50.
(3)
Temporary food establishment license for a two-to-three day event:
$75.
(4)
Temporary food establishment license for an event lasting four days
or more: $100.
(5)
Duplicate temporary license fee: $25.
B.
No license fees, late fees, or duplicate fees shall be charged to
public schools or charitable nonprofit organizations.
C.
Fees for licenses issued under this article shall be made payable
to the Borough of East Rutherford by the applicant in cash or by or
by check or money order.
Licenses, once issued by the Department of Health, shall not
be transferable to another event, location, person or entity, or date.
The temporary food establishment license shall be posted in
a conspicuous place where it may be readily observed at eye level
by all patrons on the stand, kiosk, booth, table, or other similar
conveyance during the length of the establishment's operation.
No portion of the license shall be obstructed from view during display.
It shall be unlawful for any person to erase, cancel, deface, or alter
any license once it has been issued by the Department of Health.
Any person, persons, firm or corporation holding a temporary
food establishment license who or which shall violate any provision
of this article or fail to comply therewith shall severally, for each
and every such violation and noncompliance, forfeit and pay a penalty
of not less than $100 nor greater than $500, the exact amount to be
left to the discretion of the magistrate before whom the complaint
is made. The imposition of a penalty for a violation of this article
shall not excuse the violation or permit it to continue; such violation
shall be remedied within a reasonable time, or the license shall be
revoked without refund. The imposition of the above penalty shall
not be held to prevent the enforced compliance with the provisions
of this article.
