[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:
EMPLOYEE
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.
FOOD HANDLER'S COURSE
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.
FOOD MANAGER'S CERTIFICATION PROGRAM
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.
POTENTIALLY HAZARDOUS FOOD
A. 
A food that is natural or synthetic and that requires temperature control because it is in a form capable of supporting:
(1) 
The rapid and progressive growth of infectious or toxigenic microorganisms;
(2) 
The growth and toxin production of Clostridium botulinum; or
(3) 
In raw shell eggs, the growth of Salmonella enteritidis.
B. 
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.
RETAIL FOOD ESTABLISHMENT
An operation that stores, prepares, packages, serves, vends, or otherwise provides food for human consumption:
A. 
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
B. 
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.
RETAIL FOOD ESTABLISHMENT
Includes:
A. 
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
B. 
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.
C. 
All individuals and entities such as, but not limited to, the following:
(1) 
CATERERA business based in Oradell that prepares and serves food at locations other than where said business is based.
(2) 
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.
(3) 
MOBILE FOOD VENDORA food vendor and includes all trucks and vehicles peddling coffee, hot and cold foods, beverages to the public.
(4) 
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.
(5) 
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.
(6) 
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.
(7) 
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.
(8) 
TAKE-OUT FACILITYIncludes the operation of any business within the Borough of Oradell where food is primarily carried off the premises.
RISK TYPE 1 ESTABLISHMENT, RISK TYPE 2 ESTABLISHMENT, and RISK TYPE 3 ESTABLISHMENT
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.