Township of Pequannock, NJ
Morris County
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Table of Contents
Table of Contents
Chapter 88 shall be entitled "Retail Foods Establishment and Food and Beverage Machines", and pursuant to the New Jersey Statutes Annotated 26:1A through 26:1A-7 et seq. there is adopted Chapter 8:24-1.1 through 8:24-11.15 of the New Jersey Administrative Code and the supplements and additions thereto.
No person shall operate a Retail Food Establishment or Food and Beverage Machine unless a license to operate the same shall have been issued by the Department of Health. Such license shall be posted in a conspicuous place in such establishments.
[Amended 9-25-2001 by Ord. No. 2001-19; 5-27-2003 by Ord. No. 2003-21; 4-27-2010 by Ord. No. 2010-08; 10-8-2013 by Ord. No. 2013-20]
There shall be a license fee established to operate pursuant to this chapter:
A. 
Retail Food Establishments for each fixed location.
B. 
Retail Food Establishments for each vehicle classified as a Mobile Food and Drink.
C. 
Vending machines.
"Risk type 1 food establishment" means any retail food establishment that:
1.
Serves or sells only pre-packaged, nonpotentially hazardous foods;
2.
Prepares only non-potentially hazardous foods; or
3.
Heats only commercially processed, potentially hazardous foods for hot holding and does not cool potentially hazardous foods. Such retail establishments may include, but are not limited to, convenience store operations, hot dog carts, and coffee shops.
Annual Fee: $100.
"Risk type 2 food establishment" means any retail food establishment that has a limited menu; and
1.
Prepares, cooks, and serves most products immediately;
2.
Exercises hot and cold holding of potentially hazardous foods after preparation or cooking; or
3.
Limits the complex preparation of potentially hazardous foods, including the cooking, cooling, and reheating for hot holding, to two or fewer items. Such retail establishments may include, but are not limited to, retail food store operations, schools that do not serve a highly susceptible population, and quick service operations, depending on the menu and preparation procedures.
Annual Fee: $200.
"Risk type 3 food establishment" means any retail food establishment that:
1.
Has an extensive menu which requires the handling of raw ingredients; and is involved in the complex preparation of menu items that includes the cooking, cooling, and reheating of at least three or more potentially hazardous foods; or
2.
Prepares and serves potentially hazardous foods including the extensive handling of raw ingredients; and whose primary service population is a highly susceptible population. Such establishments may include, but are not limited to, full service restaurants, diners, commissaries, and catering operations; or hospitals, nursing homes, and preschools preparing and serving potentially hazardous foods.
Annual Fee: $400.
"Risk type 4 food establishment" means a retail food establishment that conducts specialized processes such as smoking, curing, canning, bottling, acidification designed to control pathogen proliferation, or any reduced oxygen packaging intended for extended shelf-life where such activities may require the assistance of a trained food technologist. Such establishments include those establishments conducting specialized processing at retail.
Annual Fee: $400.
"Mobile Food and Drink" means any motor vehicle or any vehicle cart, or bicycle of any kind including hand carried portable containers, in which food or drink is transported, stored or prepared at temporary locations.
Annual Fee: $100.
"Temporary Retail Food Establishment" means any food establishment which operates at a fixed location for a temporary period of time not to exceed 7 days in connection with a fair, carnival, circus, public exhibition or similar organizational meetings, mobile retail food establishments as well as agricultural markets.
Annual Fee: $50.
"Vending Machine" means any self-service device which, upon insertion of a coin, paper currency, token, card, key or by any other means, dispenses unit servings of food, either in bulk or in packages without the necessity of replenishing the device between each vending operation.
Annual Fee:
Pre-packaged only: $20
Gum-ball
$5
All others
$40
"Nonprofit" means any food establishment which has been provided with a Federal Internal Revenue Service Tax Exemption number and prepares or handles food and drink and serves to the general public; and, any school food establishment operated by employees of a Board of Education.
Annual Fee: $0
Licenses issued pursuant to this chapter shall expire annually on December 31st of each year, and the fee therefor shall not be prorated from the date of issuance. Applications for renewal thereof shall be submitted, together with the required fee, prior to December 15th of each year.
Licenses issued pursuant to this chapter shall not be transferable, nor shall they be construed as authorizing the licensee or licensees to carry on the business at any place other than that specified in the license itself.
License issued pursuant to this chapter may be revoked by the Township Board of Health for any good or sufficient reason, provided that due notice thereof shall be given to the licensee, and a hearing held before the Board of Health, at which time an opportunity shall be afforded the licensee to show cause why the license should not be revoked.
[Added 10-8-2013 by Ord. No. 2013-20]
Any person engaged or employed in the business or service of preparing, processing or serving food or drink intended for human consumption at Risk Type 2, 3, or 4 food establishments shall apply to the Pequannock Township Health Department within seven days of the commencement of his said employment for a Food Handlers' Certificate. Applicants will be required to attend the next regularly-scheduled food handlers' training course given by the Township's Health Department or a comparable course approved by the Township Health Department. Existing employees shall have six months from enactment of this ordinance to attain a food handler's certificate.
[Added 10-8-2013 by Ord. No. 2013-20]
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 a course of general instruction in health education, sanitation, personal hygiene, food protection, dishwashing procedures and other related health matters.
[Added 10-8-2013 by Ord. No. 2013-20]
All employers engaged in the business or service of preparing and processing food intended for human consumption shall at all times keep and maintain accurate records of the name and address of each employee, date of employment and date of issuance and certificate number of said food handler's certificate, which records shall be available at all times for inspection by the Health Officer or his duly authorized representatives.
[Added 10-8-2013 by Ord. No. 2013-20]
No employer shall continue to employ any person in connection with the preparation, processing or service of food and drink intended for human consumption at a retail level unless the person so employed shall have applied for and obtained a food handler's certificate within the period as specified in Section 088.07.
[Added 10-8-2013 by Ord. No. 2013-20]
All food handlers' certificates shall be renewed every two years after completion of a food handler's course as identified in Section 088.07.
[Added 10-8-2013 by Ord. No. 2013-20]
The requirement for a food handler's certificate shall not apply to: a temporary retail food establishment; any employee who is a Certified Food Protection Manager as recognized by the Conference for Food Protection; or, persons engaging in food handler's activities on behalf of nonprofit institutions, churches or other charitable organizations unless the said food handling activities are conducted on a regular basis.
[Added 10-8-2013 by Ord. No. 2013-20]
A. 
Food Handler's Certificate Course, No Fee Until January 1, 2016.
B. 
Certified Food Protection Manager's Course as recognized by the Conference for Food Protection sponsored by the Pequannock Township Health Department, $200.
[Added 4-14-2015 by Ord. No. 2015-03]
Every establishment must post the most recent Evaluation placard according to the following requirements:
A. 
The Evaluation Placard must be posted in one of the following prominent locations clearly visible to the patron:
1. 
The main entrance door from 4 to 6 feet off the ground or floor;
2. 
A front window within 5 feet of the main entrance;
3. 
A display case mounted on the outside wall within 5 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 viewing.