[Adopted 4-24-1979 by Ord. No. MC 2565 (Ch. 111, Art. II, of the 1981 Revised Code)]
[Amended 9-25-1979 by Ord. No. MC 2579; 8-13-1991 by Ord. No. MC 2929;[1] 8-6-2013 by Ord. No. MC 3498; 3-13-2018 by Ord. No. MC 3635; 10-10-2018 by Ord. No. MC 3669]
A. 
No retail food establishment license shall be issued pursuant to Article I of this chapter unless the owner and/or manager and/or supervisor and all employees who handle food of said retail food establishment shall have received from the Department of Health a food handler's card.
(1) 
Whenever any retail food establishment has been issued a written notice of violation for lack of a food handler's permit, all persons employed therein shall, within 30 days of the date of such notification, apply for a food handler's card and attend the course of instruction provided herein. Checkout personnel and all other persons whose employment or duties are exclusively limited to clerical or administrative functions are exempt from the requirements of this subsection.
(2) 
All persons holding a food handler's card shall renew such card through the Town of Irvington's Department of Health, on or before June 1 of each calendar year.
(3) 
For a good cause shown, the Department of Health, via the Health Officer or other designee, may suspend or revoke the food handler's card issued hereunder.
(4) 
At the written request of the holder of the food handler's card, the Health Officer or designee shall hold a hearing to determine whether good cause exists for the suspension or revocation of such card.
B. 
Each person applying to attend the general course of instruction provided by the Department of Health shall pay a registration fee as set out in § 324-16. Food handler's cards may be renewed upon payment of a renewal fee as set out in § 324-16.
[1]
Editor's Note: Section 4 of this ordinance provided as follows: "The issuance or maintenance of licenses or permits under any provision of this ordinance will not be withheld or denied if such action will jeopardize the health and safety of the citizens of Irvington."
[Amended 9-25-1979 by Ord. No. MC 2579]
A. 
No person to whom a food handler's card is issued shall give, loan, transfer or permit or suffer the same to be used by any other person for any purpose whatsoever.
B. 
The holder of a food handler's card shall have the same on his person during all working hours and shall submit the same for inspection when demand is made upon him by the Health Officer or his authorized agent or representative.
[Amended 9-25-1979 by Ord. No. MC 2579]
A. 
All persons engaged in the business of handling, preparing, selling, serving or dispensing of foodstuffs or beverages intended or suited for human consumption shall at all times maintain records of each person employed by them containing the following information:
(1) 
The name, address and telephone number of said employee.
(2) 
The date of employment.
(3) 
The date and number of the food handler's card issued to such employee.
(4) 
Any record of any communicable disease during the preceding ten-year period and the name of the physician and/or hospital which treated such disease.
B. 
All such records shall be made available at all times for inspection by the Health Officer or by his authorized agent or representative.
[Amended 9-28-1982 by Ord. No. MC 2668; 7-1-2014 by Ord. No. MC 3511]
A food handler's card shall be issued by the Health Officer to any person applying therefor upon successful completion by the applicant of a general course of instruction in basic environmental sanitation, the prevention of food-borne disease transmission and other related health matters. Such course of instruction shall be given by the Department of Health of the Town of Irvington or by such other organization as said Department may direct. Upon successful completion of the course of instruction, applicant shall receive a card valid for a period of one year, unless sooner revoked or suspended. Any person who is unable to attend the course of instruction given by said Department may attend a comparable sanitation course given by the State of New Jersey or any county or municipality thereof and approved by said Department, and proof of having successfully completed such course shall be deemed full compliance with the requirements of this section.
[Amended 9-25-1979 by Ord. No. MC 2579; 9-28-1982 by Ord. No. MC 2668]
A. 
All persons holding a food handler's card shall renew such card through the Town of Irvington, Department of Health on or before June 1 of each calendar year.
[Amended 7-14-2009 by Ord. No. MC 3407; 7-1-2014 by Ord. No. MC 3511]
B. 
No food handler's card shall be renewed more than five times unless the holder thereof attends the course of instruction provided for in § 324-13.
[Amended 9-25-1979 by Ord. No. MC 2579]
A. 
For good cause shown, the Health Officer may suspend or revoke any food handler's card issued hereunder. Good cause shall include:
(1) 
The violation of any of the provisions of this article.
(2) 
The violation of any of the provisions of any other health ordinance of the Town of Irvington.
(3) 
The violation of any statute, regulation or code of the State of New Jersey dealing with health or sanitary practices and procedures.
(4) 
A misrepresentation of a material fact on any record maintained pursuant to § 324-12.
(5) 
Failure to comply with lawful directives of the Health Officer or Department of Health.
[Amended 9-28-1982 by Ord. No. 2668; 2-13-1985 by Ord. No. MC 2769; 7-14-2009 by Ord. No. MC 3407; 7-1-2014 by Ord. No. MC 3511]
B. 
At the written request of the holder of the food handler's card, the Department of Health shall hold a hearing to determine whether good cause exists for the suspension or revocation of such card.
[Amended 9-28-1982 by Ord. No. 2668; 2-13-1985 by Ord. No. MC 2769; 7-14-2009 by Ord. No. MC 3407; 7-1-2014 by Ord. No. MC 3511]
[Amended 9-25-1979 by Ord. No. MC 2579; 1-13-1981 by Ord. No. MC 2622; 9-28-1982 by Ord. No. 2668; 11-27-1984 by Ord. No. MC 2757; 8-11-1987 by Ord. No. MC 2834; 4-12-1994 by Ord. No. MC 2995; 12-12-1995 by Ord. No. MC 3027; 12-14-1999 by Ord. No. MC 3134; 8-14-2001 by Ord. No. MC 3176; 10-12-2005 by Ord. No. MC 3306; 12-29-2009 by Ord. No. MC 3413; 7-1-2014 by Ord. No. MC 3511; 11-10-2016 by Ord. No. MC 3589; 12-28-2016 by Ord. No. MC 3593]
Each person applying to attend the general course of instruction provided by the Department of Health shall pay a fee of $50. Food handlers' cards may be renewed upon payment of a renewal fee of $25.
[Added 9-13-2016 by Ord. No. MC 3582[1]]
A. 
Except as otherwise provided in this article, the penalties for violations of this article are as follows:
Section
Short Description
1st Offense
2nd Offense
3rd Offense
4th Offense Maximum Fine;
Court Appearance Required
§ 324-10
Food handler's card required
$50
$100
$250
$500
§ 324-11
Transfer of food handler's card not permitted
$100
$250
$500
$1,000
§ 324-12
Records of employees required
$50
$100
$250
$500
§ 324-14
Expired food handler's card
$50
$100
$250
$500
B. 
Any person, firm or corporation found guilty of a violation of any other terms of this article shall be subject to the penalty set forth in Chapter 1, Article III, Penalties, of the Township Code.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).