[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.
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.
9.
Reinspection fees for a conditionally satisfactory inspection.
[Added 12-11-2014 by BH Ord. No. 36-2014]
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]
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.
