It shall be unlawful for any person to conduct a retail food establishment or deliver milk or milk products without first having obtained from the Board a license. Only a person who complies with the provisions of the Retail Food Establishment Code of New Jersey (1965), which code and exhibits annexed thereto are pursuant to the provisions of N.J.S.A. 26:3-69.1 to 26:3-69.6, incorporated by reference herein as if set forth in full herein, three copies of which code are on file with and available for inspection at the office of the Board in the custody of the Secretary of said Board, shall be entitled to hold a license. Licenses shall not be transferable from one person or place to another person or place. A valid license shall be posted in every retail food service establishment.
Upon receipt of an application pursuant to this article, the Health Officer shall make an inspection of the retail food service establishment to determine the compliance with the provisions of this code and Chapter 12 of the New Jersey Sanitary Code.[1] When an inspection reveals that the applicable requirements of this code and the State Sanitary Code have been met, a license shall be issued to the applicant by the Board.
[1]
Editor's Note: For current regulations on retail food establishments, see N.J.A.C. 8:24, Sanitation in Retail Food Establishments and Food and Beverage Vending Machines.
Notwithstanding the other provisions of this code, whenever the Health Officer finds unsanitary or other conditions in the operation of a retail food service establishment which, in the Health Officer's judgment, constitute a substantial hazard to the public health, the Health Officer may, without warning, notice or hearing, issue a written notice to the license holder or operator, citing such condition, specifying the corrective action to be taken and specifying a time period within which such action shall be taken; and, if deemed necessary, such order shall state that the license is immediately suspended, and all food service operations are to be immediately discontinued. Any person to whom such an order is issued shall comply immediately therewith, but, upon written petition to the Health Officer, shall be afforded a hearing pursuant to Article XXI of this code.
Whenever a retail food service establishment is constructed or extensively remodeled and whenever an existing structure is converted to use as a retail food service establishment, properly prepared plans and specifications for such construction, remodeling or conversion shall be submitted to the Board of Health for review and approval before construction, remodeling or conversion is begun. The plans and specifications shall indicate the proposed layout, arrangement, mechanical plans and construction materials of work areas and the type or model of proposed fixed equipment facilities, including but not limited to floor, wall and ceiling finishes, plumbing fixtures, hot-water generating equipment, garbage and refuse disposal, lighting, ventilation and storage facilities. The Board of Health shall approve the plans and specifications if they meet the requirements of all applicable state and local health codes and regulations. No retail food service establishment shall be constructed, extensively remodeled or converted except in accordance with plans and specifications approved by the Board of Health.
Whenever plans and specifications are required by this article to be submitted to the Board of Health, the Health Officer shall inspect the retail food service establishment prior to the start of operations to determine compliance with the approved plans and specifications and with the requirements of this code. If approved, the license will be issued.
[Amended 6-14-2001 by Ord. No. 01-1]
No person shall sell or peddle any article of food from any wagon, pushcart, truck or other vehicle or from house to house or in or at any public place, with the exception of trucks licensed by the Board of Health to sell prepackaged frozen desserts. The annual license fee shall be $25.
No supervisory personnel of a retail food establishment shall engage in or be employed in the business of or service of preparing and processing food without first having obtained a food handler's certificate, upon written application therefor from the Department of Health of the Borough of Demarest.
The food handler's certificate required by § 189-41 of this chapter shall not be issued or granted to any person unless the person seeking such food handler's certificate shall have first completed a course of instruction generally in health, education, sanitation, personal hygiene, food poisoning, dishwashing procedures and other related health matters. The course of instruction shall be under the supervision or direction of the Department of Health of the Borough of Demarest.
The food handler's certificate, when granted, shall be nontransferable, nonassignable and valid for two years from date of issue. For good cause shown and on written notice to any person holding a food handler's certificate, the Department of Health of the Borough of Demarest expressly reserves the right to suspend or revoke any food handler's certificate issued or granted pursuant to this chapter. Said notice shall provide that the holder of said certificate shall be entitled to a hearing with reference to said suspension or revocation by requesting the same in writing. Said hearing shall be conducted by the Board of Health within 20 days after the request for same. The notice of suspension or revocation shall also state the reasons therefor.