Borough of Ramsey, NJ
Bergen County
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Table of Contents
Table of Contents
[1972 Code § 240.001]
a. 
A Code Regulating Retail Food Establishments, Providing for its Enforcement and Fixing Penalties for Violations thereof is hereby adopted and established pursuant to N.J.S.A. 26:3-69.1 etc. by reference. A copy of the code is made a part hereof without inclusion of the text thereof herein.
b. 
The code adopted and established by this chapter is described and commonly known as the "Retail Food Establishment Code of New Jersey - 1965."
c. 
Three copies of the Retail Food Establishment Code of New Jersey - 1965 have been placed on file in the office of the secretary of this local Board of Health.
d. 
Bacteriological examination. The procedure for the bacteriological examination of food utensils, more particularly referred to in the appendix on page 38 following the Code, is hereby adopted.
[1972 Code § 240.002; BH Ord. 8/9/73 § 6 & 7; BH Ord. 12/9/76; BH Ord. #12; BH Ord. #17 § 1; BH Ord. #20 § 1; BH Ord. #23 § 1; BH Ord. #31 § 3; BH Ord. #35 § 1]
a. 
It shall be unlawful for any person or any body corporate to conduct a retail food establishment as defined in and governed by the Retail Food Establishment Code of New Jersey - 1965 established by this chapter without first having procured a license from the local Board of Health so to do or without complying with any or all of the provisions concerning operation and maintenance of the same as contained in the aforementioned Retail Food Establishment Code of New Jersey - 1965.
b. 
The fees for licensing of retail food establishment are hereby fixed as follows:
[Amended 4-15-2011 by BH Ord. No. 01-2011]
1. 
Retail food establishment, permanent locale.
(a) 
One hundred twenty-five dollars for each establishment with fewer than 10 employees.
(b) 
One hundred fifty dollars for each establishment with fewer than 20 employees but more than nine employees.
(c) 
Five hundred dollars for each establishment with 20 or more employees.
(d) 
The license fee for a nonprofit retail food establishment may be waived by the Board of Health or the Health Officer.
2. 
Restaurants.
(a) 
One hundred fifty dollars for each premises or establishment with a seating capacity of fewer than 25 persons.
(b) 
Two hundred dollars for each premises or establishment with a seating capacity of more than 24 but fewer than 50 people.
(c) 
Three hundred dollars for each premises or establishment with a seating capacity of more than 49 but fewer than 100 persons.
(d) 
Three hundred fifty dollars for each premises or establishment with a seating capacity of more than but fewer than 150 persons.
(e) 
Five hundred dollars for each premises or establishment with a seating capacity of more than 149 but fewer than 250 persons.
(f) 
Six hundred fifty dollars for each premises or establishment with a seating capacity of more than 249 but fewer than 500 persons.
(g) 
Eight hundred fifty dollars for each premises or establishment with a seating capacity of more than 499.
3. 
School cafeteria.
(a) 
Two hundred dollars for each premises.
4. 
Mobile retail food vendor.
[Amended 4-15-2011 by BH Ord. No. 02-2011]
(a) 
One hundred fifty dollars for each premises, vehicle or conveyance.
5. 
Temporary food establishment.
(a) 
Fifty-five dollars for each food establishment or restaurant with a season of three months or less, except that the fee for each temporary license may be waived by the Board of Health or the Health Officer.
6. 
Prepackaged food and beverage establishment.
(a) 
Thirty dollars for each establishment selling prepackaged food or prepackaged beverages.
7. 
Other establishments.
(a) 
Whenever, in the Sanitary Code, a license or permit is required and no specific fee is established for such license or permit, the fee therefore shall be $65 payable on issuance of such license or permit, which shall be for the balance of the calendar year in which the same is so issued.
8. 
Late fees.
(a) 
A late fee of $50 shall be charged on all license fees of $100 or less which are not paid on or before February 1 of the license year.
(b) 
A late fee of $100 shall be charged on all license fees in excess of $100 which are not paid on or before February 1 of the license year.
9. 
Reinspection fees for a conditionally satisfactory inspection.
[Added 12-11-2014 by BH Ord. No. 36-2014]
(a) 
One hundred dollars for first reinspection.
(b) 
Two hundred dollars for second reinspection.
(c) 
Three hundred dollars for third reinspection and any subsequent.
(d) 
Reinspection fees shall be payable no later than five days after each reinspection.
10. 
Reinspection fees for unsatisfactory inspection.
[Added 12-11-2014 by BH Ord. No. 36-2014]
(a) 
Five hundred dollars for each reinspection following an unsatisfactory finding upon inspection.
(b) 
Reinspection fees shall be payable no later than five days after each reinspection.
c. 
Any license issued under the terms and provisions of this chapter may be suspended by the Health Authority of this Borough for the violation by the licensee of any provision of this chapter or the Retail Food Establishment Code of New Jersey - 1965 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 ordinances of this Borough, or that the person conducting the retail food establishment is of an 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.
A license issued under the terms and provisions of this chapter shall not be revoked or cancelled 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 the hearing. Such notice shall also contain a brief statement of the grounds to be relied upon for revoking such license. Notice may be given either by personal delivery thereof to the person to be notified or be 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 the license. At the hearing before the Board of Health, the person aggrieved shall have an opportunity to answer and may thereafter 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.
If any 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 Borough unless the application for such license shall be approved by the Board of Health or its authorized agent.
d. 
No provision of this chapter shall be applied so as to impose any unlawful burden on either interstate commerce or any activity of the State or Federal government.
[1972 Code § 240.003]
a. 
No person shall manufacture, expose for sale, offer for sale, sell, use or keep any food or beverages for human use or consumption, which has been exposed to any contamination or infection from any communicable diseases, or is believed to have been exposed to contamination or infection from any communicable disease, or which is unfit, unwholesome, impure, decayed, diseased, mislabeled or adulterated within the meaning of the Revised Statutes of New Jersey, Title 24, or any amendments or supplements thereof.
b. 
No person shall distribute or sell, or offer or expose for sale, or have in his possession with intent to sell, or manufacture for distribution or sale, any food or drink which differs in purity, quality or strength from the standards adopted and published in accordance with Title 24 of the Revised Statutes of New Jersey or any amendments or supplements thereof.
[1972 Code § 240.004]
No person shall, within the Borough, operate or conduct any restaurant, lunch room, lunch wagon, cafeteria, lunch counter, ice cream parlor, soda fountain, hotel, club, lunch stand, boarding house, bakery, stand, cart or other place where any food or beverage is sold, served or dispensed for consumption upon the premises or any box lunch establishment, bakery, delicatessen, butcher store, grocery store or other place where food or beverage are prepared, sold or delivered unless such person is free from any communicable disease as defined by State Law. It shall be the responsibility of each proprietor, manager or operator of any business defined in this chapter to know that any person working in his place of business is free from any communicable disease and when requested by the Board to submit a health certificate on any persons working in his establishment.
[1972 Code § 240.005]
a. 
No exposed food shall be offered for sale from shelves, counters or other containers which shall be less than 24 inches from the floor of the store or place in which the same is exposed for sale unless the establishment has obtained a permit. Where such a special license has been issued, certain farm products (such as pumpkins, squash, watermelons, or suitable baskets, crates or barrels of apples, pears, potatoes, etc.) may be stored or displayed on the ground providing that such storage or display are not done in a manner detrimental to the public health and welfare.
b. 
No food or farm products shall be stored, displayed, sold or exposed for sale from or on the sidewalk, sidewalk area, entrances or passageways of any building.
[1972 Code § 240.006]
a. 
No food or farm products shall be stored, displayed, sold or exposed for sale outside of the limits of any building unless a permit to allow the same shall be secured from the Board of Health. Such permits shall be limited to the type of establishment primarily engaged in the sale of fruits and vegetables in their natural state. Application shall be made to the Board of Health for such permit, setting forth:
1. 
The name and address of the applicant.
2. 
Plan of property showing where such foods shall be sold outside of the building or buildings located on the premises.
3. 
The type of food or farm products which shall be sold.
4. 
The methods to be followed to keep the food in a clean and sanitary condition.
b. 
The Board of Health shall issue such a permit only when in its opinion the premises and facilities thereon are of such a nature as to allow for the maintenance of all health standards as outlined in this Code.
c. 
Such permit may be cancelled at any time if in the opinion of the Board the handling, storage and sale of food and farm products outdoors is not being conducted according to the standards of health provided for in this Code. Inspections shall be made monthly to insure that the operation is being conducted in accordance with the provisions thereof.
d. 
The annual fee for such a permit is $25 unless all produce sold is grown on the premises in which case there shall be no fee.
[1972 Code § 240.007]
No bottles or other containers used for the delivery of food or beverages shall be stored or left standing in any public place in the Borough.
[1972 Code § 240.008]
a. 
No person shall operate any food processing or beverage processing establishment in the Borough without first having obtained a permit from the Board so to do.
b. 
Every establishment referred to in this section shall be subject to inspection during all business hours by the Board or the Sanitary Inspector.
c. 
Every such establishment shall, at all times, conform to and comply with all sanitary regulations contained herein and affecting or concerning the handling, manufacture, preparation, storage, sale or exposure of all food or beverages.
[1972 Code § 240.009]
a. 
No person shall sell, offer for sale or expose for sale any horse meat or horse flesh for human consumption unless a license shall have first been obtained from the Board covering each establishment, premises, vehicle or conveyance used therefor.
b. 
No horse flesh or horse meat shall be sold, offered for sale or exposed for sale for human consumption unless the animal from which the same originated was slaughtered in a United States Government licensed slaughterhouse and unless every carcass, piece and parcel thereof, so exposed for sale, shall have conspicuously attached thereto a label or tag, not less than three inches wide and four inches long, on which there shall be printed or stamped, in letters not less than one inch in height, the words "horse flesh."
c. 
Every establishment, store or place in which horse flesh or horse meat is sold for human consumption shall display, in a conspicuous space on the outside of the building, store or establishment, and easily legible, without artificial aid from a distance of at least 40 feet, a sign with the words "horse flesh sold here."
d. 
No other flesh or meat of any kind or description shall be sold in any building, store, establishment or place where horse flesh or horse meat is sold or exposed for sale. This does not include canned or packaged frozen horse flesh or horse meat for animal consumption.
e. 
Vehicles delivering horse flesh or horse meat shall not carry flesh or meat of any other kind.
[1972 Code § 240.010]
It shall be unlawful to sell, expose for sale or offer for sale any fish, other than frozen fish, within the Borough, unless the place from which the same is sold, exposed or offered for sale fully complies in all respects with the following regulations:
a. 
All floors shall be of nonabsorbent material.
b. 
Ice refrigerators shall have drains permanently connected indirectly into a proper trap and vented fixture to sanitary sewer line and shall be flushed daily with fresh water.
c. 
All table tops and counter tops shall be of nonabsorbent material. Portable wooden cutting or chopping boards are permitted but they must be thoroughly washed and scrubbed daily.
d. 
All places where fish is sold shall have thorough ventilation, self-closing doors and running water, separate from washing basins.
e. 
At least two metal garbage cans with covers for fish scraps (cans to be at least 10 gallons in size), which cans shall be removed and emptied daily.
f. 
All doors and windows shall be screened from May 1 to October 1 in each year. Window screens shall be of permanent looking type.
g. 
Toilet and hand-washing facilities shall be provided for fish handlers.
h. 
Only wholesome and edible fish products shall be sold for human consumption.
i. 
All fish showcases shall be internally lined with nonabsorbent material.
[1972 Code § 240.011]
An accurate direct reading thermometer shall be provided in frozen food display cases, counters or retail sales vehicles for frozen food.
[1972 Code § 240.012]
The fact that, with respect to one or more specific articles of food or specific kinds of business, certain regulations have been prescribed under this chapter shall not limit or affect the obligation of every person to comply with all the other provisions of this Code.
[1972 Code § 240.013; BH Ord. #1-78]
a. 
Every person who is charged with supervision of the operation of a retail food establishment shall successfully complete, within one year of the commencement of his employment, a course in food handling, acceptable to the Ramsey Board of Health.
b. 
The Health Officer may, at his discretion, when found necessary, require such persons to attend supplementary courses.
c. 
No retail food establishment shall employ a supervisor in charge of its operation unless he complies with paragraph a. of this section.
[1972 Code § 241.001]
a. 
A Code regulating the use, operation and maintenance of food and beverage vending machines and licensing thereof, prohibiting the sale or possession with intent to sell through vending machines of adulterated or misbranded foods or drinks, and authorizing inspection of vending machines and operations connected therewith, is hereby adopted and established pursuant to N.J.S.A. 26:3-69.1 to 69.6. A copy of the Code is made a part hereof without the inclusion of the text thereof herein.
b. 
The Code established and adopted by this chapter is described and commonly known as the "Food and Beverage Vending Machine Code of New Jersey - 1961."
c. 
Three copies of the "Food and Beverage Vending Machine Code of New Jersey - 1961" have been placed on file in the office of the Health Officer of this local Board of Health.
[1972 Code § 241.002; BH Ord. #31 § 4; BH Ord. #35 § 2]
a. 
It shall be unlawful for any person, whether as principal or agent, clerk or employee, either for himself or any other person, or for any body corporate, or as an officer of any corporation, or otherwise to:
1. 
Engage in the operation of one or more machines or devices offered for public use which, upon insertion of a coin, coins or token, or by other means dispenses unit servings of food or beverages, either in bulk or package, without the necessity of replenishing the devices between each vending operation, without first having applied to and procured a permit from the Board of Health of the Borough so to do, or without complying with any and all of the provisions of the Food and Beverage Vending Machine Code of New Jersey - 1961 as adopted or amended by the Board.
2. 
Maintain or permit to be maintained on or in any location in this Borough one or more machines or devices offered for public use which, upon insertion of a coin, coins or token, or by other means dispenses unit servings of food or beverages, either in bulk or package, without the necessity of replenishing the devices between each vending operation, without first having applied to and procured a license for each such machine or device from the Board of Health of this Borough or without complying with all of the provisions of the Food and Beverage Vending Machine Code of New Jersey - 1961 as adopted or amended by the Board.
b. 
The fees for permits and licenses as required by paragraph a. above, for the purpose of raising revenue, for regulation and control to be paid annually to the Borough, are hereby fixed as follows:
[Amended 4-15-2011 by BH Ord. No. 01-2011]
1. 
Permit fee to own, operate or control any food or beverage vending machine (first machine): $25 per year.
2. 
License fees:
(a) 
Readily perishable food vending machine (all machines): $20 per machine per year.
(b) 
Other nonperishable food and beverage vending machine fee: $5 per machine per year.
c. 
All permits and licenses issued under authority of this chapter shall expire on the 31st day of December in each year. Permit and license fees shall be paid to the Board of Health.
d. 
Application for and issuance of the permits and licenses referred to in Paragraph a. above shall be made in conformity with the provisions of the Food and Beverage Vending Machine Code of New Jersey - 1961 as adopted or amended by the Board of Health of this Borough. Such permits and licenses are not transferable.
e. 
Permits and licenses issued under authority of this chapter may be suspended, revoked or reinstated by the Board of Health of this Borough pursuant to the provisions of the Food and Beverage Vending Machine Code of New Jersey - 1961 as adopted or amended by the Board of Health.
f. 
No provision of this chapter shall be applied so as to impose any unlawful burden on either interstate commerce or any activity of the state or federal government.
[1972 Code § 242.001]
a. 
No person shall distribute or sell, or offer for sale, or have in his possession, with intent to distribute, sell or offer for sale, within the Borough, any milk, cream, ice cream, ice cream mix, frozen desserts or special frozen dietary foods; unless such person shall have first obtained a license therefor from the Board, covering each premise or place from which the same is distributed, sold, or offered for sale, or intended to be distributed, sold or offered for sale, and a license or licenses covering each vehicle from which the same is distributed, sold or offered for sale, or intended to be distributed, sold or offered for sale.
b. 
A separate license is required and must be obtained for each place of business used for any of the purposes set forth in this chapter and for each vehicle used for any of the purposes.
c. 
Every license, tag or tags and every other evidence issued by the Board as proof of the granting of such license or licenses, together with the number of the license, shall be prominently displayed in the premises so licensed and on each vehicle so licensed.
d. 
The Board may at any time refuse to issue a license to any person who:
1. 
Has been convicted of violating any provisions of this chapter.
2. 
Has failed or refused to comply with the lawful demands and requirements of the Board relating to the conduct of any business regulated by this Code.
3. 
Through negligence in the handling and preparation of milk, cream, ice cream or ice cream mix has disseminated contagious disease.
4. 
Maintains his milk house, stable, milk plant or other place where milk or milk products, ice cream, ice cream mix, frozen desserts or special dietary foods are produced, handled, processed, frozen, stored, distributed, sold or offered for sale in any condition detrimental to health.
[1972 Code § 242.002]
Every processor, bottler or manufacturer of milk, cream, ice cream or other dairy foods (excepting those which reach the consumer in hermetically sealed heat-sterilized packages (cans) and butter and cured cheese) whose products are sold or distributed in the Borough, shall, each month, have samples of each of their products collected from either plants, depots, distributing points or vehicles and analyzed chemically and bacteriologically by standardized methods in a laboratory approved by the New Jersey State Department of Health at the option of the Health Officer. This sampling may be waived when the routine analysis of samples specified above is being made by an approved laboratory and test results are satisfactory.
[1972 Code § 242.003]
All milk, milk products, frozen desserts and special frozen dietary foods shall conform with or exceed the minimal required by Title 24, Chapter 10, food and drug laws of the Revised Statutes of New Jersey and any other laws, rules or regulations of the Department of Health of the State of New Jersey.
[1972 Code § 221.001]
a. 
No person shall manufacture, sell, offer for sale or deliver any ice in the Borough without first having obtained a license therefor from the Board so to do and covering each premise or place from or on which ice is to be sold, offered for sale, delivered or manufactured. Such license shall be in addition to any other license which may be required by the Borough. License fees shall be paid to the Board. No such license shall be issued unless there be an application therefor, in writing, signed by the applicant, setting forth the source of his ice supply and the source of the water from which the ice is made or intended to be made.
b. 
All food establishments and residential dwellings are exempt from provisions of paragraph a. of this section if self contained units of approved construction are used exclusively and ice so produced is limited to consumption on the premises.
[Added 4-15-2011 by BH Ord. No. 02-2011]
a. 
Affidavit required. An applicant for a mobile retail food vendor license must provide to the Health Department an affidavit setting forth the need for this type of service, approximate duration of time, exact location, and name or trade name of the applicant. Where the location is on public property, the body or organization having jurisdiction over the property must sign the affidavit. Where the location is on private property, the property owner or his representative must sign the affidavit.
b. 
Stipulations. Mobile retail food vendors may not conduct business on any public access street in the Borough. Mobile retail food vendors shall not dispense food or beverage within 500 feet of any other food establishment. Clean-up and removal of litter generated by the mobile vendor and its patrons shall be the responsibility of the mobile vendor and a condition of any license conveyed to said vendor.
c. 
Time limit at each location limited. Mobile retail food vending equipment located on public or private property shall not remain at any location for more than one hour in any twenty-four-hour period.
d. 
Hours for vending vehicles limited. Food vending vehicles dispensing ice cream, soft drinks or food shall not conduct business between the hours of 9:00 p.m. and 6:00 a.m.
e. 
Change of ownership inspection: Mobile retail food vendor licenses are nontransferable. All retail food vendors, that change ownership, including reincorporation, are required to be inspected by the Health Department before the new owners may begin operation.
f. 
Expiration of license; renewal. Every license issued shall expire December 31 of the year of its issue. Applications for renewal shall be submitted with the required fee at least 10 days prior to December 31 of each year. A late fee of $100 will be charged for all applications received after December 31.
g. 
Fees. For all vendors where food or drinks are served, the license fee shall be computed as follows:
1. 
Mobile food vendor license (including frozen dessert): $150 per vehicle.