[HISTORY: Adopted by the City Council of the City of Passaic 6-27-2017 by Ord. No. 2110-17. Amendments noted where applicable.]
The City of Passaic recognizes that the lack of access to healthy food is a problem in many neighborhoods in New Jersey, including Passaic, and that many residents of Passaic depend upon small neighborhood stores for food purchases. The City of Passaic believes every community deserves access to healthy, affordable food. The City of Passaic also believes that it is in the interest of the public health, safety, and welfare of its citizens to increase access to fresh, healthy, affordable foods by ensuring that grocery stores, corners stores and/or bodegas in the City of Passaic provide a certain minimum level of healthy food to increase healthier food choices, create healthier businesses, and encourage healthier communities.
As used in this chapter, the following words and phrases shall mean:
- ACCESSORY FOOD ITEMS
- Nonstaple food items, such as coffee, tea, cocoa, carbonated and uncarbonated drinks, candy, condiments, and spices.
- ACCESSORY USE GROCERY
- A retail establishment, as defined under City Code § 149-5 and licensed as required under § 149-6A, that sells a range of everyday items, such as snack foods, confectionery, toiletries, soft drinks, tobacco products, magazines and newspapers, that may sell staple foods as an accessory use to its primary business. Such establishments may include, but are not limited to, establishments that sell only specialized types or classes of staple foods and accessory foods, imported food stores, variety stores, card shops, newsstands and gift shops. The definition of "accessory use grocery" does not include stores that accept government supplemental nutrition programs.
- GROCERY STORE
- A retail food establishment, as defined under City Code § 149-5 and licensed as required under § 149-6A, that offers a wide variety of food products, including, but not limited to, staple foods, accessory foods, perishable foods such as meat, produce and dairy, along with household goods and general merchandise items such as cleaning supplies, paper products, and health/beauty care products. These stores may include fresh produce, butcher, deli, and bakery departments.
- STAPLE FOODS
- Those foods items intended for home preparation and consumption, including meat, poultry, fish, bread and breadstuffs, cereals, vegetables, fruits, fruit and vegetable juices, and dairy products. All grocery stores licensed under this chapter must offer for sale food for home preparation and consumption on a continuous basis. The following items and quantities are required:
- A. Milk: five gallons of unsweetened, unflavored, fluid cow's milk in up to a gallon or half-gallon containers in any combination of at least two of the following varieties: skim or nonfat, 1% or 2%, or plain or original soy milk or other milk alternatives.
- B. Cheese: six pounds of cheese in packages of at least 1/2 pound (eight ounces) each, in any combination of at least three varieties, not including processed cheese products.
- C. Eggs: six one-dozen 12 containers of fresh large-size eggs.
- D. Meat and vegetable protein sources: at least three varieties of meat, poultry, canned fish packed in water, or vegetable protein such as nut butter and/or tofu. Nut butters can be up to 18 ounces in size and are not to contain any other food products such as jelly, jam, chocolate or honey.
- E. Fruits and vegetables: 30 pounds or 50 items total of fresh and/or frozen fruits and vegetables that do not contain added ingredients, including sweeteners, salt, sauces, or seasonings, in at least seven varieties, with at least five varieties that are fresh and perishable, and with no more than 50% of the total selection being from a single variety.
- F. Juice: six containers of any combination of the following, as long as at least two containers are one-hundred-percent citrus juice (orange, grapefruit, or orange/grapefruit), in any combination of the following types:
- G. Whole grain cereal: four boxes or bags 12 ounces or larger of whole grain cereal or cereal grains in any combination of at least three varieties.
- H. Whole grains: five pounds of whole grains of at least three varieties, such as bread corn, tortillas, brown rice or oatmeal.
- I. Canned beans: 192 ounces of canned beans or legumes in any combination of at least three varieties.
- J. Dried peas, beans, lentils: four packages, up to 16 ounces in size, of dried beans, peas or lentils without any added ingredients.
All grocery stores licensed as required under § 149-6A must offer for sale on a continuous basis staple foods as defined in § 162-2. Food shall be nonexpired and not spoiled, and maintained according to established industry standards for food safety. To count towards the staple food standards, perishable items, including fresh fruit and vegetables, shall be offered in good condition, not overripe or seriously deformed, and free from decay, discoloration, bruising, and surface damage.
The following are exempt from the requirements of this chapter:
The general penalty provisions of the Code of the City of Passaic shall govern violations of this chapter.