It shall be unlawful for any person or any body corporate to
conduct a retail food establishment, as defined in and governed by
Chapter XXIV, Sanitation in Retail Food Establishments and Food and
Beverage Vending Machines (2007), established by ordinance of the
local Board of Health, dated March 21, 2007, without first having
procured a license from the local Board of Health to do so or without
complying with any or all of the provisions concerning operation and
maintenance of the same as contained in the aforementioned Chapter
XXIV, Sanitation in Retail Food Establishments and Food and Beverage
Vending Machines (2007).
A.
It shall be optional for retail food establishments doing business
in the Township of Mount Olive to attend the annual food-handling
training course presented by the Mount Olive Township Board of Health.
[Amended 5-15-2015 by Ord. No. BOH 2015-2]
B.
Management and personnel requirements. Any food establishment in
the business of or service of or services of preparing, selling or
processing food intended for human consumption, including, but not
exclusively, all Risk Type 2, 3 and 4 food establishments, shall require
a person in charge who holds a current food manager's certificate
approved by the New Jersey State Department of Health and Senior Services
to be on the premises of the food establishment at all times while
open for business or preparation of food.
[Amended 5-15-2015 by Ord. No. BOH 2015-2]
H.
In lieu of meeting the requirements of § 415-2B, members of registered nonprofit Risk Type 2 establishments must attend a food-handling training course presented by the Mount Olive Township Health Department. The food handling course will meet the level of competencies necessary for safe food handling specific to the organization's operation. The Department will determine the necessary frequencies of said training. Any change in operation or menu must be preapproved by the Mount Olive Township Health Department. Upon completion of training, a certificate of completion shall be awarded. It shall be the responsibility of all nonprofit Risk Type 2 establishments to have at least one trained person in charge and present during all food operations. Said organizations will be required to maintain a current record of all trained personnel approved to participate in food operations and shall forward same to the Mount Olive Township Health Department.
[Added 8-18-2016 by Ord.
No. BOH 2016-2]
[Amended 5-15-2015 by Ord. No. BOH 2015-2; 10-19-2022 by Ord. No. BOH 2022-01]
The fees for the licensing of retail food establishments are hereby fixed under Chapter 412, Fees.
A.
Any license under the terms and provisions of this article may be
suspended or revoked by the Board of Health of this municipality for
the violation by the licensee of this article or Chapter XXIV, Sanitation
in Retail Food Establishments and Food and Beverage Vending Machines
(2007), or whenever it shall appear that the business, trade, calling,
profession or occupation of the person, firm or corporation to whom
such license was issued is conducted in a disorderly or improper manner
or in violation of any law of the United States, the State of New
Jersey or any ordinance of this municipality or that the person or
persons conducting the retail food establishment are of unfit character
to conduct the same or that the purpose for which the license has
been issued is being abused to the detriment of the public or is being
used for a purpose foreign to that for which the license was issued.
B.
A license issued under the terms and provisions of this article shall
not be revoked, canceled or suspended until a hearing thereon shall
have been had by the Board of Health. Written notice of the time and
place of such hearing shall be served upon the licensee 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 license. Notice may be given either by
personal delivery thereof to the person to be notified or by being
deposited in the United States Post Office in a sealed envelope, postage
prepaid, addressed to such person to be notified at the business address
appearing upon said license. At the hearing before the Board of Health,
the person aggrieved shall have an opportunity to answer and may therefore
be heard, and, upon due consideration and deliberation by the Board
of Health, the complaint may be dismissed, or, if the Board of Health
concludes that the charges have been sustained and substantiated,
it may revoke, cancel or suspend the license held by the licensee.
C.
If any such license shall have been revoked, neither the holder thereof
nor any person acting for him, directly or indirectly, shall be entitled
to another license to carry on the same business within the Township
unless the application for such license shall be approved by the Board
of Health.
No provision of this article shall be applied so as to impose
any unlawful burden on either interstate commerce or any activity
of the state or federal government.
[Added 10-19-2022 by Ord. No. BOH 2022-01[1]]
A.
FOG (FAT, OIL, GREASE)
GREASE TRAP
RETAIL FOOD ESTABLISHMENT
Definitions.
As used in this section, the following terms shall have the meanings
indicated:
Liquid waste that contains animal or vegetable fat, oil and
grease originating as a by-product of cooking or food preparation
processes, including food scraps, meat fats, lard, sauces, cooking
oil, butter and margarine, that may impair the operation of the sanitary
sewer system.
Shall be given its normal definition in the retail food industry.
A device used to collect oil and grease at the entrance of the wastewater
pipe system and preventing the oil and grease from traveling through
the wastewater pipe system and preventing the oil and grease from
traveling through the wastewater pipes into the wastewater system
of the Township. A grease trap must be installed in such a manner
as to facilitate easy inspection and cleaning.
Shall be given its normal definition in the industry. A retail
food establishment includes all retail businesses which process and/or
serve food and food products and is also defined by Chapter 24 of
the Retail Food Code of New Jersey.
B.
Maintenance
of grease traps.
(1)
Retail
food establishment operators shall maintain all grease traps to assure
proper operation and efficiency. Maintenance of grease traps shall
include the complete removal of all contents, including floating materials,
wastewater, bottom sludge, and solids. The decanting or discharging
of removed waste back into the trap from which it was removed or any
other grease trap, for the purpose of reducing the volume to be disposed,
is prohibited.
(2)
Grease
traps must be maintained to ensure that they are never allowed to
reach more than 3/4 of their capacity. The grease trap must be cleaned
completely at a minimum of every three months, or more frequently
as needed to prevent carryover of FOGs into the sanitary sewer system.
(3)
The
waste material from the grease trap must be discarded in accordance
with applicable state, county, and local regulations. Retail food
establishment operators shall be responsible, after cleaning the grease
trap, to have the contents of the grease trap removed by a private
waste hauler firm hired by the food establishment. In no way shall
the waste material removed from the grease trap be returned to any
private or public portion of the Township's sanitary sewer system.
C.
Maintenance
log; records retention.
(1)
The
retail food establishment shall insure that a grease trap maintenance
log is maintained on premises for inspection by the Health Officer
or designee. Such log shall be maintained conspicuously on a wall
in the vicinity of the service area. The maintenance log shall be
maintained for 24 months from the maintenance date, noting the name
of the waste hauler, address, phone number, date waste was removed
and volume (in gallons) that was removed from the premises.
(2)
No
retail food establishment will be issued a renewal license to operate
within the Township without presenting a copy of an updated maintenance
log to the Health Department with the license application, except
those establishments which sell packaged goods and/or do not produce
products that require a grease trap.
Any person, firm or corporation who shall violate any of the
provisions of this article shall, upon conviction, be punished by
a fine of not less than $500 nor more than $1,000, and each violation
of any of the provisions of this article and each day the same is
violated shall be deemed and taken to be a separate and distinct offense.