For the purposes of this article, the terms used herein are defined as follows:
APPROVED
Any article of food or drink, a source of food or drink, a method, a device or a piece of equipment, which meets the requirements of this Board or the State Department of Health.
EMPLOYEE
Any person who handles food or drink during preparation or serving or who comes in contact with any eating or cooking utensil or who is employed in a room in which food or drink is prepared or served, including the term "person" as further defined.
ENFORCING OFFICIAL
The Health Officer or other official possessing a license issued by the State Department of Health under the provisions of N.J.S.A. 26:1A-41 who is designated by the Board of Health to enforce this chapter, except plumbing inspectors and public health laboratory technicians.
FOOD
All confectionery and every article used as food or as drink for human consumption, and all articles used for components of any such article.
PERSON
An individual, firm, corporation, association, society or partnership and its agents or employees.
RETAIL FOOD-HANDLING ESTABLISHMENTS
Restaurants, taverns, box-lunch establishments, bakeries, meat markets, delicatessens, luncheonettes, caterers, soda fountains, food vending vehicles, grocery stores and any other place in which food or drink is prepared or stored for public consumption, distribution or sale at retail, including vehicles used in connection therewith and all places where water for drinking or culinary purposes is available for public use.
SALE
Every delivery of food, whether the same is by direct sale or the solicitation or acceptance of an order for food, including the exchange, barter, traffic in, keeping and exposing for sale, displaying for sale, serving with meals, delivering for value, peddling, possessing with intent to sell and the gratuitous delivery or gift of any food by any licensee or person to whom a food certificate has been issued or by any other person.
SANITIZE
The process of rendering eating or drinking utensils free from disease producing bacteria so that they have been cleansed and disinfected as to have a total bacterial count of not more than 100 per utensil when sampled in accordance with approved methods in an approved laboratory.
UTENSILS
Any kitchenware, tableware, glassware, cutlery, containers or other equipment with which food or drink comes in contact.
A. 
Every retail food establishment must post the most current Evaluation Placard in one of the following prominent locations clearly visible to the patron:
(1) 
The main entrance door from four feet to six feet off the ground or floor;
(2) 
A front window within five feet of the main entrance;
(3) 
A display case mounted on the outside wall within five feet of the main entrance;
(4) 
If there is no direct entrance to the street, the Health Department shall determine an appropriate posting location in prominent public view.
B. 
No person shall conduct, maintain or operate a food establishment without first obtaining from this Board a license, certificate, permit, or license so to do.
C. 
Fees in accordance with the following schedule shall be paid before any license required in this article shall be issued, except that payment of a fee may be waived by the Board of Health at its discretion for any municipal facility, church, school or building which does not receive any remuneration for the dispensing of food or drink upon receipt of a written application for fee waiver from the person conducting, maintaining or operating such an establishment:
[Amended 2-4-2019 by BOH Ord. No. 1-2019]
License Type
Fee
Retail food establishments (Risk Type 1)
$100
Retail food establishments (Risk Type 2)
$200
Retail food establishments (Risk Type 3)
$300
Retail food establishments (Risk Type 4)
$400
Milk license (set by State Statute)
$5
Mobile food license
$100
Food vending machines
$50
Temporary retail food operations
Temporary license (single event up to 24 hours)
$75
Temporary license (annual permit for all events)
$125
Farmer's market
$100
Other fees:
Plan Review (per plan)
Retail food establishments (food stores less than 9,999 square feet)
$125
Retail food establishments (food stores over 10,000 square feet)
$300
Restaurants, 1 to 49 seats
$100
Restaurants, 50 or more seats
$150
Limited Pre-existing Establishment Alteration
$75
Misc. fees:
Food handler training course
$40
Non-profit organizations must obtain a license annually. The fee may be waived on application to the Board for a waiver of the licensing fee based on non-profit status.
D. 
There is hereby established a fee for reinspection of any retail food establishment receiving a posting of Conditionally Satisfactory or Unsatisfactory in the amount of $100 (first Conditionally Satisfactory or unsatisfactory posting); $250 (second consecutive initial inspection resulting in a Conditionally Satisfactory or Unsatisfactory posting); $500 (third consecutive initial inspection resulting in a Conditionally Satisfactory or Unsatisfactory posting). Any three consecutive inspections resulting in a Conditionally Satisfactory or Unsatisfactory posting or any three consecutive initial inspections that result in a posting of Conditionally Satisfactory or Unsatisfactory shall also result in a mandatory Board hearing. Anytime the retail food establishment receives a Conditionally Satisfactory or Unsatisfactory posting based on the reinspection, there shall be an additional fee of $200.
This is in recognition of the fact that repeated, "Conditionally Satisfactory, and "Unsatisfactory" ratings represent a hazard to the public health and repeat inspections are costly. The repeat inspections and cost reimbursement fees shall not in any way preclude, preempt, interfere with or be a substitutute for legal action in the courts or before the Board of Health to assure correction of the violations. Such fees are in addition to the annual license fee and shall not be considered penalties, but such fees shall be charged and shall be paid to offset the costs and expenses of such reinspection by the Board of Health. The Board of Health or its designated agent shall retain the right to close, in its discretion, any establishment that has maintained a Conditionally Satisfactory posting for 30 or more consecutive days.
[Amended 9-13-2021 by BOH Ord. No. 2-2021]
E. 
The cost of laboratory tests required because of a complaint or suspect food illness or a retest required because of unsatisfactory results on the prior test shall be assessed to the Retail Food Establishment or added onto the annual license fee. This is in recognition that the food establishment license fees established by this code are not adequate to cover additional costs incurred by the regulatory agency as a result of such tests.
F. 
Licenses issued under the provisions of this article, unless sooner forfeited or revoked by this Board, shall expire annually on the 31st day of December of each year. A late fee of $50 per month shall be assessed for each month or portion thereof a license is renewed after January 31st.
G. 
New food establishments licensed on or after July 1st through December 31st, shall pay 1/2 of the annual fee for a license to operate.
H. 
A license may be suspended or revoked for a violation by the holder of any provisions of this article or chapter after an opportunity for a hearing by this Board or its authorized representative.
I. 
No license is transferable by sale or otherwise.
J. 
Every retail food establishment must post the most current Evaluation Placard in one of the following prominent locations clearly visible to the patron:
(1) 
The main entrance door from four feet to six feet off the ground or floor;
(2) 
A front window within five feet of the main entrance;
(3) 
A display case mounted on the outside wall within five feet of the main entrance;
(4) 
If there is no direct entrance to the street, the Health Department shall determine an appropriate posting location in prominent public view.
K. 
All fees for licenses shall be paid to the Board of Health.
L. 
Food vendors shall apply and pay for a retail food license no later than 10 business days prior to the event where they are selling food and/or beverages. If the Registered Environmental Health Specialist grants the licensure after review of the application, observance of the Chapter 24 New Jersey State Sanitary Code, N.J.A.C. 8:24, shall be strictly upheld and enforced. The operation shall be subject to inspection at any time.
[Amended 2-26-2019 by G.O. No. 2127]
M. 
At any time during a temporary event that a vendor is found to be in violation of a local or state ordinance the Local Board of Health, or its authorized agent has the authority to enforce the vendor to leave the premises.
N. 
All licensed retail food establishments and vendors must abide by the regulations set forth in the New Jersey State Sanitary Code, N.J.A.C. 8:24.
Body Art License
$200
Public Swimming Pools:
Swimming Pools/Recreation Bathing
(Non-residential)
Construct
$175
Alter
$175
Operate
$175
Pet Shops/Kennels:
Pet shop
$50
Dog Kennel
$50
Food handler training course
$40
Septics:
Plan review/Approval
$175
Permit to install septic system
$175
Permit to conduct business of cleaning tanks
$175
Wells:
Permit to install well
$175
(alter or construct)
Lead-Based Paint:
Permit to remove exterior paint (per structure)
$15
Vital Statistics:
Certified Copies of Birth and Marriage
$10 each
Certified Copies of Death
$8 each
Certified Copies of Domestic Partnership
$10 each
Burial Permit (Set by State Statute 26:6-17 et seq.)
$5 each
Disinterment Permit (Set by State Statute 26:6-17 et seq.)
$1 each
Transit Permit (Set by State Statute 26:6-17 et seq.)
$1 each
Marriage License (Set by State Statute 37:1-12, 12.1 et seq.)
$28
Domestic Partnership Fee (Set by State Statute 37:1-12, 12.1 et seq.)
$28
Fee to correct a vital record
$15
Misc. Permits:
Boarding Homes for Children
$100
Incinerators
$100
All existing ordinances of the Town of Westfield Board of Health imposing or establishing fees for licenses, permits and other charges are hereby amended to the extent necessary and applicable to effect the foregoing changes in fees.
In the event that any section, sentence or clause of this ordinance or code shall be declared unconstitutional by a court of competent jurisdiction such declaration shall not in any manner prejudice the enforcement of the remaining provisions.
These revised fees shall take effect as of January 1, 2012 after final adoption and publication in accordance with law.
The enforcing official may take and examine samples of food, drink and other substances in accordance with Chapter XXIV, Regulation 8.4, of the New Jersey State Sanitary Code.
The enforcing official shall inspect every retail food-handling establishment in accordance with Chapter XXIV, Regulation 8.2, of the New Jersey State Sanitary Code.
Retail food-handling establishments shall comply with the rules and regulations as set forth in Chapter 24 of the New Jersey State Sanitary Code, Construction, Operation and Maintenance of Retail Food Establishments.
Refer to Regulation 8.8 in Chapter 24 of the New Jersey State Sanitary Code.
Refer to Regulation 8.4 in Chapter 24 of the New Jersey State Sanitary Code.
A. 
Definitions. As used in this section, the following terms shall have the meanings indicated:
FOOD
Includes any substance used or intended to be used as food or drink for human consumption.
FOOD HANDLER'S CERTIFICATION
A certificate issued by the Board of Health of Westfield or any other agency recognized by the Board of Health of Westfield.
PERSON IN CHARGE
Any person charged with the responsibility of overseeing the operations, including the supervision of employees engaged in the preparing, processing and sale of food or drink intended for human consumption, be it for on- or off-premises consumption.
B. 
Certificate required.
(1) 
No establishment shall be open for business in the preparing, processing and sale of food or drink intended for human consumption without having a person in charge on the premises who has a current food handler's certificate.
(2) 
At least one person on each shift shall have a current food handler's certificate.
(3) 
The food handler's certificate shall not be issued or granted to any person unless the person seeking such food handler's certificate shall have first completed an approved course of general instruction in health education, sanitation, personal hygiene, food protection, dishwashing procedures and other related health matters.
C. 
Application for certificate; course.
(1) 
No establishment shall operate for more than 30 days without the person in charge employed in that establishment applying for a food handler's certificate.
(2) 
No establishment shall operate for more than three months without the person in charge employed in that establishment completing an approved course of instruction in food-handling techniques.
D. 
No person to whom a food handler's certificate is issued or granted shall give, loan, transfer or permit the same to be used by any other person, for any purpose whatsoever.
No person in charge of or in control of any park, playground, railroad station, theater, hotel, boardinghouse, factory or any other public place shall furnish or permit any common drinking cup or utensil to be used.