[HISTORY: Adopted by the Board of Health of the Borough of
Oradell 3-9-2015 by Ord. No. 15-1. Amendments noted where applicable.]
GENERAL REFERENCES
Fees — See Ch. 115.
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. 26:3-69.1 to
69.6. A copy of said code is annexed hereto and made a part hereof
without the inclusion of the text thereof herein.
Said code established and adopted by this Chapter 302 is described and commonly known as Title 8, Chapter 24 of the New Jersey Administrative Code, Sanitation in Retail Food Establishments and Food and Beverage Vending Machines (N.J.A.C. 8:24).
Three copies of said New Jersey Administrative Code Title 8,
Chapter 24, have been placed on file in the office of the Registrar
of the Oradell Health Department upon introduction of this chapter
and will remain on file there until final action is taken on this
chapter, for the use and examination by the public.
As used in this chapter, the following terms shall have the
meanings indicated:
The operator, person in charge, person having supervisory
or management duties, person on the payroll, family member, volunteer,
person performing work under contractual agreement, or other person
working in a retail food establishment.
A food handler's course or comparable nationally recognized
food handler's course that promotes good public health practices
in serving safe food to the public. A passing score for this typically
three-hour course certifies the attendee for two years. Courses must
be attended in person; online courses are not acceptable.
A program offering a food safety certificate by passing food
safety certification examination administered by an accredited certifying
program recognized by the Conference for Food Protection. This typically
eighteen-hour course certifies the successful attendee for five years.
Courses must be attended in person; online courses are not acceptable.
A food that is natural or synthetic and that requires temperature
control because it is in a form capable of supporting:
Includes an animal food (a food of animal origin) that is raw
or heat-treated; a food of plant origin that is heat-treated or consists
of raw seed sprouts; cut melons; and garlic and oil mixtures that
are not acidified or otherwise modified at a food processing plant
in a way that results in mixtures that do not support growth as specified
under the first subsection of this definition.
An operation that stores, prepares, packages, serves, vends,
or otherwise provides food for human consumption:
Such as a restaurant; satellite or catered feeding location;
catering operation if the operation provides food directly to a consumer
or to a conveyance used to transport people; market; vending location;
conveyance used to transport people; institution; or food bank; and
That relinquishes possession of food to a consumer directly,
or indirectly through a delivery service such as home delivery of
grocery orders or restaurant takeout orders, or delivery service that
is provided by common carriers.
Includes:
An element of the operation such as a transportation vehicle
or a central preparation facility that supplies a vending location
or satellite feeding location unless the vending or feeding location
is permitted by the health authority; or
An operation that is conducted in a mobile, stationary, temporary,
or permanent facility or location; where consumption is on or off
the premises; and regardless of whether there is a charge for the
food.
All individuals and entities such as, but not limited to, the
following:
CATERERA business based in Oradell that prepares and serves food at locations other than where said business is based.
FROZEN FOOD MOBILE VENDORSIncludes all vehicles and other means of conveyance that are peddling frozen foods, including ice cream, from their vehicles or trucks to the public.
MOBILE FOOD VENDORA food vendor and includes all trucks and vehicles peddling coffee, hot and cold foods, beverages to the public.
PACKAGED FOOD STOREShall include a pharmacy, liquor store, video store, candy store, as well as any facilities located within public places where beverages are sold or consumed on the premises by the public.
SCHOOLSIncludes all public and private facilities, as well as those with cafeterias managed by another company, including nursery schools, private and public schools and day-care centers, which serve food on the premises to those children who are enrolled at the facilities.
SIT-DOWN RESTAURANTIncludes all businesses within the Borough of Oradell where food and beverages are consumed on the premises, including sit-down restaurants, sit-down and take-out restaurants, cafes and industrial cafeterias.
SNACK BARA business serving food located within another business for the convenience of the patrons and providing food and beverages on the premises for consumption.
TAKE-OUT FACILITYIncludes the operation of any business within the Borough of Oradell where food is primarily carried off the premises.
Risk classifications of food establishments as defined by
N.J.A.C. 8:24.
All retail food establishments must obtain a retail food establishment
license from the Board of Health prior to opening. All retail food
establishments shall submit a completed Health License Application
and meet all requirements set forth in N.J.A.C. 8:24 and any Board
of Health ordinance of the Borough of Oradell prior to issuance of
such license. Both the license and the current rating (i.e., "Satisfactory,"
"Conditional Satisfactory" or "Unsatisfactory") shall be prominently
displayed in accordance with the requirements set forth in N.J.A.C.
8:24.
A.
No retail food establishments shall be granted a Board of Health
license unless the owner/manager and employee food handlers have been
certified in food safety in the following manner:
(1)
The owner or manager on site of a Risk Type 3 establishment shall be a certified food manager having successfully completed a Food Manager's Certification Program described in § 302-4.
(2)
The owner or manager on site of a Risk Type 2 establishment shall be a certified food handler having successfully completed a Food Handler's Course described in § 302-4.
(3)
Employees in charge of other employees or directly involved
in food preparation must be certified food handlers.
(4)
A sufficient number of employees and managers must be certified
to ensure that a certified food handler is present on each shift at
all times.
(5)
Each nonprofit organization that prepares and serves potentially
hazardous food shall have at least one person from its organization
complete the food handler's course. The certified food handler
must be present when food is being prepared and/or served.
B.
Each new owner of a retail food establishment is required to attend the first certification course available and send a sufficient number of employees for certification to comply with Subsection A(4) above. The Oradell 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 food manager's or food handler's course has been successfully completed. For the issuance of a temporary retail food license, the retail food establishment shall pay the normal license fee for its annual license with an additional fee for the temporary license. Fee amounts are as per schedule in § 302-5.3, Fees.
C.
If there is no certified food handler or food manager present on
any particular shift, the retail food establishment shall be issued
a court summons for the violation of this section.
A.
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 licensee has received a "Satisfactory" rating from the inspector
conducting such inspections.
B.
Any retail food establishment which receives two "Conditional Satisfactory" ratings within any twelve-month period shall have its owner or manager appear at the next meeting of the Oradell Board of Health to show cause why its license shall not be suspended for failing to operate its premises in accordance with N.J.A.C. 8:24 and this Chapter 302 of the Borough of Oradell. Failure of the establishment to adhere to this rule will result in a surcharge of $500 on the new license.
C.
In addition to the remedies stated above, the inspector conducting the inspections shall cause appropriate summons to be issued for the violation of N.J.A.C. 8:24, this Chapter 302 of the Borough of Oradell, and any other applicable statutes of the State of New Jersey.
D.
Retail food establishments requiring more than one reinspection as
a result of being issued a "Conditional" or "Unsatisfactory" rating
will be assessed a reinspection fee for each reinspection required
after the first reinspection until the establishment achieves a "Satisfactory"
rating. Payment of reinspection fee shall be made prior to the next
reinspection. For fee, see § 305-5.3, Fees.
Each licensee shall pay a license fee for the issuance of a license to operate a retail food establishment or other business in the Borough of Oradell as set forth in § 115-17 of the Oradell Borough Code.
A retail food establishment license issued under the provisions
of this chapter shall expire annually on December 31 of each year
and application for renewal thereof shall be submitted, together with
the required fee, prior to February 1 of each year. Failure to obtain
a license for the new calendar year by January 31 will result in a
surcharge (late fee) of $500.
A retail food establishment license issued by another Board
of Health is not transferable as to another license.
A.
Temporary thirty-day license.
(1)
Temporary thirty-day license issued at license renewal. For fees, see § 302-5.3, Fees. This license is issued to establishments not in compliance with food course requirements at time of license renewal and is issued in addition to annual license. Annual license is held until the establishment is in compliance with N.J.A.C. 8:24 and this Chapter 302 of the Borough of Oradell. If compliance is not met by March 1 of the licensing year, the establishment will be closed until it is in compliance, at which time annual license will be issued.
(2)
Temporary thirty-day license issued to new establishments. For fees, see § 302-5.3, Fees. This license is issued to new food establishments that are not in compliance with N.J.A.C. 8:24 and this Chapter 302 of the Borough of Oradell when the establishment's thirty-day temporary license has expired. This license is issued to enable the establishment to operate until the owner or manager appears at the next Board of Health meeting to provide just cause as to why the establishment should be allowed to remain open.
(3)
Temporary thirty-day license issued for establishments in violation of chapter. For fees, see § 302-5.3, Fees. Any retail food establishment found to be in violation of N.J.A.C. 8:24 or this Chapter 302 of the Borough of Oradell may, at the Board of Health's discretion, be issued a temporary thirty-day license to operate. Renewal of said license may also be renewed at the Board of Health's discretion.
B.
Temporary sixty-day license. For fees, see § 302-5.3, Fees. This license is issued to new food establishments that do not meet food course requirements at time of opening. If food courses are available and course requirements have not been met within the sixty-day period, the owner must appear at the next Board of Health meeting to provide just cause as to why the establishment should remain open.
C.
Temporary event retail food establishment licenses. Temporary event
retail food establishment licenses may be issued by the Board of Health.
The licenses shall designate the location where food will be served
and shall not be transferable. Licenses must be obtained from the
Board of Health two weeks prior to the event and fees paid. Nonprofit
organizations are exempt from fees under this section. In order to
obtain such license, the following information must be provided: date
and length of function; type of food being prepared; establishment
name and address where all food supplies are being purchased; and
approximate number of people being served.
(1)
One-to-three-day temporary event retail food establishment license. A one-to-three-day temporary event retail food establishment license may be issued by the Board of Health, which shall be effective for the one-to-three-day period designated on the license application. For fee, see § 302-5.3, Fees.
(2)
Four-to-seven-day temporary event retail food establishment license. A four-to-seven-day temporary event retail food establishment license may be issued by the Board of Health, which shall be effective for the four-to-seven-day period designated on the license application. For fee, see § 302-5.3, Fees.
D.
Investigation required prior to issuance of temporary event retail
food establishment licenses. Upon receipt of an application for a
special event in which food will be served to the public, the Health
Department shall conduct an investigation into the plans for preparation
and food service, 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
Health Department shall approve the application for the temporary
food establishment license. Upon on-site inspection the day of the
temporary event, the temporary food establishment license will be
issued to the applicant. Based on the Registered Environmental Health
Specialist's investigation, a food handler's certificate
may be necessary in order to obtain a temporary food establishment
license. All applications for special event temporary food establishment
licenses must be completed and submitted to the Health Department
at least 10 calendar days prior to the event.
E.
Farmer's market temporary event food establishment license. A farmer's market temporary event retail food establishment license may be issued by the Board of Health to Oradell Borough-approved vendors for their participation in the farmer's market for each Oradell Borough-designated farmer's market season. The license shall not be transferable. Licenses must be obtained from the Board of Health two weeks prior to the vendor's participation and fees paid. Nonprofit organizations are exempt from fees under this section. In order to apply for such license, the following information must be provided: type of food being offered for sale at the farmer's market; and the establishment name and address from which all food items are being obtained or originate. For fee, see § 302-5.3, Fees.
Nursery schools preparing food or representatives of the nursery
schools preparing food must take the food handler's course.
A license or approval of license may be suspended or revoked
for any violation of any provision of this chapter or code after an
opportunity for a hearing by the Board of Health or its authorized
representative.
Any person who violates any provision of, or order promulgated
under, this chapter shall, upon conviction thereof, be liable to a
penalty of not less than $50 nor more than $1,000 for each violation.
Each day a particular violation continues shall constitute a separate
offense.
This chapter shall take effect on March 9, 2015.
