Chapter
259 shall be entitled "Retail Food Establishments and Food and Beverage Machines," and is hereby adopted pursuant to the New Jersey Statutes Annotated 26:1A-1 through 26:1A-7 et. seq., and Chapter
8:24-1.1 through 8:24-10.2 of the New Jersey Administrative Code and the supplements and additions thereto.
[Added 5-28-2014 by Ord. No. BOH 01-14]
Every establishment must post the most current evaluation placard
according to the following requirements. The evaluation placard must
be posted in one of the following prominent locations clearly visible
to the patron:
A. The main entrance door from four to six feet off the ground or floor;
B. A front window within five feet of the main entrance;
C. A display case mounted on the outside wall within five feet of the
main entrance.
D. If there is no direct entrance to the street, the Health Department
shall determine an appropriate posting location in prominent public
viewing.
No person shall operate a retail food establishment, as defined in Chapter
8:24 of the New Jersey Administrative Code or vending machine, as defined below, unless a license to operate the same shall have been issued by the Department of Health. Such license shall be posted in a conspicuous place in such establishments.
Fees for a license or license approval issued pursuant to this
chapter are hereby established as follows:
A. Risk Type 1 food establishment.
(1) Definition: any retail food establishment that:
(a)
Serves or sells only prepackaged, non-potentially hazardous
foods;
(b)
Prepares only non-potentially hazardous foods; or
(c)
Heats only commercially processed, potentially hazardous foods
for hot holding and does not cool potentially hazardous foods. Such
retail establishments may include, but are not limited to, convenience
store operations, hot dog carts, and coffee shops.
B. Risk Type 2 food establishment.
(1) Definition: 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 foods,
including the cooking, cooling, and reheating for hot holding, to
two or fewer items. Such retail establishments may include, but are
not 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.
C. Risk Type 3 food establishment.
(1) Definition: any retail food establishment that:
(a)
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
(b)
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 are not limited to, full-service restaurants, diners, commissaries,
and catering operations; or hospitals, nursing homes, and preschools
preparing and serving potentially hazardous foods.
D. Risk Type 4 food establishment.
(1) Definition: 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 establishments conducting specialized processing at
retail.
E. Mobile food and drink.
(1) Definition: any motor vehicle or any vehicle cart, or bicycle of
any kind including hand-carried portable containers, in which food
or drink is transported, stored or prepared at temporary locations.
F. Temporary retail food establishment.
(1) Definition: any food establishment which operates at a fixed location
for a temporary period of time not to exceed seven days in connection
with a fair, carnival, circus, public exhibition or similar organizational
meetings, mobile retail food establishments as well as agricultural
markets.
G. Vending machine.
(1) Definition: any self-service device which, upon insertion of a coin,
paper currency, token, card, key or by any other means, dispenses
unit servings of food, either in bulk or in packages without the necessity
of replenishing the device between each vending operation.
H. Late fee (all food licenses): 1/2 of the license fee.
I. Food establishment plan review fee. A permit applicant or operator
shall submit to the health authority properly prepared plans and specifications
for review and approval before and pay the prescribed fee:
(1) The construction of a retail food establishment: $300;
(2) The conversion of an existing structure for use as a retail food
establishment: $300; or
(3) The remodeling of a retail food establishment or a change of type
of retail food establishment or food operation if the health authority
determines that plans and specifications are necessary to ensure compliance
with these rules: $150.
J. No fee will be charged to any Florham Park Borough municipal department
or affiliation.
K. A waiver of fee for temporary food licenses only shall be granted
to those applicants that provide proof of state or federal nonprofit
status.
Licenses issued pursuant to this chapter shall expire annually
on December 31 of each year, and the fee therefor shall not be prorated
from the date of issuance. Applications for renewal thereof shall
be submitted, together with the required fee, prior to December 15
of each year. Late fees shall become effective after January 1. Seasonal
vendors must secure their licenses at least 7 days prior to opening.
Mobile retail food trucks shall be subject to inspection prior to
operation.
Licenses issued pursuant to this chapter shall not be transferable,
nor shall they be construed as authorizing the licensee or licensees
to carry on the business at any place other than that specified in
the license itself.
Licenses issued pursuant to this chapter may be revoked by the
Board of Health for any good or sufficient reason, provided that due
notice thereof shall be given to the licensee, and a hearing held
before the Board of Health, at which time an opportunity shall be
afforded the licensee to show cause why the license should not be
revoked.
[Added 7-1-2015 by Ord.
No. BH2015-01]
A. Certificate required. Any person engaged or employed in the business
or service of preparing, processing or serving food or drink intended
for human consumption at Risk Type 2, 3, or 4 food establishments
shall apply to the Borough of Florham Park Health Department within
seven days of the commencement of his said employment for a food handlers'
certificate. Applicants will be required to attend the next regularly
scheduled food handlers' training course given by the Borough's
Health Department or a comparable course approved by the Borough Health
Department. Existing employees shall have six months from enactment
of this section to attain a food handler's certificate.
B. Course of instruction required. The food handler's certificate
shall not be issued or granted to any person unless the person seeking
such food handler's certificate shall have first completed a
course of general instruction in health education, sanitation, personal
hygiene, food protection, dishwashing procedures and other related
health matters.
C. Records of employees to be maintained by employer. All employers
engaged in the business or service of preparing and processing food
intended for human consumption shall at all times keep and maintain
accurate records of the name and address of each employee, date of
employment and date of issuance and certificate number of said food
handler's certificate, which records shall be available at all
times for inspection by the Health Officer or his duly authorized
representatives.
D. Employment of persons without certificates prohibited. No employer shall continue to employ any person in connection with the preparation, processing or service of food and drink intended for human consumption at a retail level unless the person so employed shall have applied for and obtained a food handler's certificate within the period as specified in §
259-7.
E. Renewal of certificates. All food handlers' certificates shall be renewed every two years after completion of a food handler's course as identified in §
259-7.
F. Exemptions. The requirement for a food handler's certificate
shall not apply to a temporary retail food establishment; any employee
who is a certified food protection manager as recognized by the Conference
for Food Protection; or, persons engaging in food handler's activities
on behalf of nonprofit institutions, churches or other charitable
organizations unless said food handling activities are conducted on
a regular basis.
G. Food handler training fees established.
(1) Food handler's certificate course: no fee.
(2) Certified food protection manager's course as recognized by
the Conference for Food Protection sponsored by the Borough of Florham
Park Health Department: $200.
Any person, firm or corporation who or which shall violate any
of the provisions of this chapter shall, upon conviction, be punished
by a fine not to exceed $2,000. Each violation of any of the provisions
of this chapter and each day the same is violated shall be deemed
to be taken as a separate and distinct offense.