[Added 2-21-2012 by Ord. No. 1890-12]
It shall be the intent of this article to provide rules, regulations
and standards for operation of farmers' markets in the City of Passaic
while simultaneously encouraging the consumption of locally grown
and unprepared fruits, vegetables, and herbs by certified farmers
and healthy foods to nutritionally at-risk residents, including pregnant,
breastfeeding, or postpartum women, children, and seniors.
A.
Sponsorship, management, and operation of farmers' markets shall
be restricted to the City of Passaic, Department of Human Services,
Division of Recreation. No other person, persons, firm or corporation
shall be eligible to sponsor, manage, or operate a farmers' market
within the limits of the City of Passaic.
B.
The Department of Human Services, Division of Recreation shall ensure
that farmers' market vendor licenses are obtained as required by this
article and that all licensees operate in compliance with this chapter,
as well as the regulations of the State of New Jersey, including the
New Jersey Administrative Code at N.J.A.C. 8:24-1.1 et seq., as the
same may be from time to time amended and supplemented.
C.
The Department of Human Services, Division of Recreation shall ensure
that only licensees operate at this event.
A.
Operation shall be restricted to between May 15 and November 30 of
the same calendar year. Hours of operation shall be no earlier than
8:00 a.m. and shall end no later than 6:00 p.m.
[Amended 6-9-2022 by Ord. No. 2351-22]
B.
The location of the farmers' market shall be subject to City Council
approval.
A.
A farmers' market vendor license shall be required for each individual
stand, kiosk, booth, table, or similar conveyance from which food
is served or sold, whether with or without charge, at the farmers'
market.
B.
Farmers' market vendor licenses shall be valid from May 15 toNovember
30 of the same calendar year in which they were issued.
[Amended 6-9-2022 by Ord. No. 2351-22]
Licenses, once issued by the Division of Health, shall not be
transferable to another event, location, person or entity, or date.
The Department of Human Services, Division of Recreation shall
apply, in writing, on forms promulgated and supplied by the Division
of Health. Such forms shall be duly verified by the Division of Recreation.
Forms shall be provided no later than 30 business days prior to the
first day of operation for the farmers' market. The Division of Recreation
shall set forth:
A.
The name, address, and telephone number of the farmer who holds a
current and valid Women, Infants, and Children (WIC) and Seniors Farmers'
Market Nutrition Program (FMNP) certification from the New Jersey
Department of Agriculture and the New Jersey Department of Health
and Senior Services. If the certified farmer is a corporation, partnership,
LLP or LLC, provide the name and address of its registered agent.
B.
The name, address, and telephone number for the farm and agricultural
producing location(s) for the certified farmer.
C.
A full list of all farmers' market food vendors which will be operating
at the event, and the name, permanent address and telephone number
for the person, persons, firm or corporation who will be a farmers'
market vendor, along with a list of all foods which will be prepared
and served by such vendor.
D.
If portable toilets will be used, the Division of Health shall provide
a description of the type of portable toilet facilities to be used,
contact information on the business from which the portable toilets
will be obtained, the proposed location for such toilets at the event,
and the number of toilet facilities which will be provided for public
use.
Upon receipt of an application for a farmers market, the Division
of Health shall conduct an investigation into the plans for serving
of the food, 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 Division
of Health shall advise the Division of Recreation in writing and shall
issue any necessary licenses.
Licenses, once issued by the Division of Health, shall not be
transferable to another person or entity.
The farmers' market vendor license, along with the inspection
evaluation placard, shall be posted in a conspicuous place where it
may be readily observed at eye level by all patrons on the stand,
kiosk, booth, table, or other similar conveyance during the length
of the establishment's operation. No portion of the license or evaluation
placard shall be obstructed from view during display. It shall be
unlawful for any person to erase, cancel, deface, or alter any license
or evaluation placard once it has been issued by the Division of Health.
[Added 8-8-2017 by Ord. No. 2116-17[1]]
Farmers' markets shall meet the following requirements at all
times when in operation:
A.
All foods used, sold, or served shall be wholesome.
B.
No home-prepared, potentially hazardous foods shall be used, sold,
or served at farmers' markets.
C.
Food preparation shall be limited to the cutting of fruits, vegetables
or herbs for the sole purpose of conducting cooking demonstrations
as authorized by the Health Division. Such demonstrations shall be
limited to the use of fresh produce offered for sale at the farmers'
market, but may include the use of fresh or commercially packaged
herbs or spices for enhancing flavor. All foods prepared during cooking
demonstrations shall be for immediate consumption by the public and
meet the requirements of N.J.A.C. 8:24-1.1 et seq.
D.
Mobile food establishments may be permitted at farmers' markets,
provided that they meet the requirements of this chapter and all other
City and state regulations.
E.
In addition to fruits, vegetables, or herbs, non-potentially hazardous
food that has been prepared and commercially packaged at a food establishment
regulated by a health authority: such foods shall be limited to non-potentially
hazardous baked goods, acidified jarred or canned non-potentially
hazardous food, honey, maple syrup, and cider. All such foods, including
handling, shall meet the requirements of the New Jersey Administrative
Code at N.J.A.C. 8:24-1.1 et seq., as the same may be from time to
time amended and supplemented.
F.
All foods shall be elevated off of the ground a minimum of six inches
and shall be protected from contamination and vermin at all times.
G.
Vehicles used for the transport of fruits, vegetables, and herbs
to and from the farmers' markets, along with storage containers or
other equipment used for conveyance and display, shall be kept in
a clean, vermin-free, and sanitary manner.
H.
All equipment used for the storage and conveyance of agricultural
products and other prepackaged foods shall be nonabsorbent, smooth,
easily cleanable, of corrosive-resistant material, and meet the requirements
of the New Jersey Administrative Code at N.J.A.C. 8:24-1.1 et seq.,
as the same may be from time to time amended and supplemented. All
linens used shall be clean.
I.
Farmers' market vendors and their employees shall only eat, drink,
or use any form of tobacco where the contamination of exposed food,
clean equipment, utensils, linens, unwrapped single-service and single-use
articles, or other items needing protection cannot result.
J.
The premises in which farmers' markets operate shall be kept clean,
free of litter, free of nuisances, and sanitary at all times. Ample
waste receptacles to permit collection of refuse and litter shall
be provided by vendors for their use. Waste receptacles shall be routinely
serviced to prevent overflow. Farmers' market vendors shall not use
public waste receptacles for disposal of waste generated unless approved
by the City of Passaic.
K.
Farmers' market vendors and their employees shall ensure that all
bags or containers of trash, refuse, and garbage are removed at the
end of each day. All discarded fruits, vegetables, herbs, or other
foods shall be deposited in plastic bags or nonabsorbent, easily cleanable,
leakproof and verminproof containers.
L.
Farmers' market vendors and their employees shall practice the highest
level of personal hygiene. Farmers' market vendors and their employees
shall wear clean outer garments and keep their hands and exposed arms
clean at all times.
M.
An approved means of hand washing, such as commercially packaged
hand-wash tissues or an approved hand-washing facility, shall be provided
for convenient and expeditious use of all farmers' market vendors
and their employees.
N.
Upon request, the Division of Health shall be permitted to examine
the health and sanitary records of all vendors at the farmers' market
to obtain information pertaining to food and supplies purchased, received
or used and persons employed.
O.
Single-use utensils and napkins shall be used to provide samples
of food to members of the public. Single-use utensils and napkins
shall be protected from contamination at all times. Retrieval of samples
shall be performed by the farmers' market vendor or his/her employees.
Self-service sampling shall be prohibited. Once used, a single-use
utensil or napkin may not be used to provide additional samples.
[1]
Editor's Note: This ordinance also repealed former §§ 149-59,
Food preparation and potentially hazardous food prohibited, and 149-60,
Food handling, sanitary requirements, and employee hygiene.
