[1980 Code § 117-38]
No person shall conduct, maintain or operate a food establishment without first obtaining from the Division of Health a license to do so. Such license may be issued by the Division of Health upon written application therefor and payment of the proper fee. Every such license so issued shall expire on the 30th day of June next following the date of issuance.
[1980 Code § 117-39]
No person shall sell or offer for sale any food or drink for human consumption which has been exposed to any communicable disease: which is unfit, unwholesome, impure, decayed, diseased or misbranded or adulterated according to the meaning of Title 24 of the Revised Statutes of the State of New Jersey or of the Federal Food, Drug and Cosmetics Act; or which has been prepared contrary to the provisions of the State Sanitary Code. All food sold or intended for sale shall be securely protected from flies, dust, dirt and, so far as possible and by the use of all reasonable means, from all other foreign or injurious contamination.
[1980 Code § 117-40; Ord. No. O-2-08; Ord. No. O-31-10]
The following rules and regulations shall be strictly adhered to in all food establishments:
a. 
Rule 1: The operator of every restaurant or food-handling establishment or itinerant restaurant shall have such establishment or place properly lighted, ventilated and drained; shall have such areas kept free from insects, flies and rodents; shall not permit any animal or fowl to be kept in any room in which food is prepared, stored or sold; shall provide an adequate supply of water, heated to a temperature of not less than 140° F., under pressure to accomplish all required cleaning; and shall have adequate heating and washing facilities, supplied with hot and cold running water, in convenient locations for all workmen and employees. All retail food establishments shall operate in accordance with N.J.A.C. 8:24, Chapter 24 of the State Sanitary Code.
b. 
Rule 2: No sleeping room nor any other occupied room of a tenement, apartment or other dwelling house shall be directly connected with a room which is used as a restaurant, public dining room or with any room in which the food is cooked or prepared for consumption in any restaurant, dining room, lunch room or other place.
c. 
Rule 3: All toilet rooms shall be effectively ventilated, screened and equipped with a self-closing door that opens outward, and shall provide liquid soap, paper towels, toilet paper and a sign instructing employees to wash their hands. Ladies rooms must have a covered trash can.
d. 
Rule 5: Any operator shall keep such establishment or place, together with all dishes, utensils, equipment, floors, walls and ceilings, in a thoroughly clean and sanitary condition at all times; shall conduct all operations connected with the manufacture, preparation, handling, storing, sale or serving of such food or drink in a clean and sanitary manner; shall protect such food or drink during all processes and at all times, including delivery, from flies, rodents, dust, dirt, vermin and all other foreign or injurious contamination; and shall keep all perishable food at a temperature at or below 45° F. These requirements shall be interpreted to prohibit the self-handling of foods from droplet contamination. These protection restrictions shall not apply to such foods which are ordinarily to be cooked or peeled before eating.
e. 
Rule 6: Smoking by food service personnel shall not be permitted in a retail food establishment or any public building.
f. 
Rule 7: Wherever practical, all food service personnel shall avoid direct contact with food.
g. 
Rule 8: Food service personnel with long hair shall wear hairnets or caps when handling or serving food.
h. 
Rule 9: Any operator shall have all workmen and employees wear clean outer clothing at all times while working in such establishment or place and shall permit no workman, employee or other person to work or be in any such establishment or place who is affected with or suspected of being affected with any disease mentioned in Article III of this code or with any venereal disease in a communicable state.
i. 
Rule 10: Any operator shall keep all readily perishable foods, such as cream and custard filled pies, at or below 45° F., except when being prepared or served. Foods being held for service at a steam table or other holding or serving device shall be kept at or above 150° F. Steam tables may not be used to reheat potentially hazardous food items. All foods must be reheated to a minimum of 165° F. within a two hour time span and then held at a temperature of 140° F. or above.
j. 
Rule 11: Any operator shall require that all multi-use utensils and all show and display cases or windows, smooth and impervious counters, shelves, tables, refrigerating equipment, sinks, hoods and other equipment or utensils used in the preparation, handling and storage of food or drink shall be so constructed, located and installed as to be easily cleaned and shall be kept in good repair.
k. 
Rule 12: No person shall bring into the Town of Morristown for sale or delivery to any person in the Town any food or drink for human consumption which has not been manufactured, prepared, handled, stored, sold or served under such conditions as to cleanliness, sanitation and protection from contamination as are prescribed by this code for goods manufactured, prepared, handled, stored, sold, dispensed or served in the Town.
l. 
Rule 13: It shall be the duty of any operator to require that all multi-use eating and drinking utensils shall be thoroughly cleansed and effectively subjected to an improved bactericidal process after each use. All multi-use eating and drinking utensils shall be free from bacilli of the coliform group and shall have a total bacteria count of not more than 100 per utensil, as determined by examinations in a laboratory approved by the Division of Health.
m. 
Rule 14: The washing and sanitization of all dishes, glassware and utensils in all food establishments which serve food to the public for immediate consumption on the premises shall be accomplished under one of two plans, and the equipment and facilities shall be dependent upon the method or plan adopted by the user.
1. 
Plan 1: Under this plan, the equipment, facilities and method of washing shall be as follows:
(a) 
Washing equipment shall consist of three separate adjoining compartments, one of which must have connected to it running hot water, and the other compartments need only a running cold water connection. All water inlets shall be at least two inches above the top level of the compartments or sink. All sinks and compartments shall be provided with a standing plug outlet.
(b) 
Compartments shall contain, in the following order:
(1) 
Hot water for washing. The minimum temperature of this water shall be 110° F., and such water shall contain an adequate amount of soap or detergent for proper cleansing. The water shall be changed when it becomes different from its natural color.
(2) 
Fresh water into which all dishes and utensils may be rinsed before immersing in chlorine disinfectant and then drained. Towel drying is not permitted.
(3) 
Chlorine disinfectant in such quantity as to yield approximately 200 parts per million of available chlorine into which all dishes and utensils washed shall be immersed for at least 30 seconds. Any other bactericidal agent accomplishing the same results to the satisfaction of the Division of Health may be used.
2. 
Plan 2: Under this plan, the equipment, facilities and method of washing shall be as follows:
(a) 
All glasses, dishes and other utensils shall be washed after each service, until clean to the sight and touch, in warm water. The minimum temperature of this water shall be 110° F., and such water shall contain an adequate amount of soap or detergent for proper cleansing. The water shall be changed when it becomes different from its natural color.
(b) 
After such washing, all glasses, dishes and utensils shall be placed in wire cages or baskets and subjected by immersion for at least three minutes to the bactericidal action of water heated to a minimum temperature of 180° F.
3. 
Except as herein stated, either in Plan 1 or Plan 2, no other equipment, facilities, method or plan shall be employed for the washing of dishes, glassware or utensils in food establishments without the approval of the Division of Health. The Division of Health may, however, grant by written permission the right to any food establishment to use another plan or method for the washing of dishes, glassware or utensils if it is satisfied that such plan or method will be equally as effective as the plans or methods set forth.
n. 
Rule 15: Nothing in this section shall be held to prohibit the use of paper cups, dishes or other single-service containers, provided that the same shall be used only once; but such paper cups, dishes or single-service items shall, at all times before use, be stored in a manner as to be protected from dust, dirt, flies, rodents, vermin and all other foreign or injurious contamination.
o. 
Rule 16: Plates, cups, saucers, dishes, crockery, chinaware or enamelware which is cracked, chipped or broken shall not be used to contain food or drink.
p. 
Rule 17: All racks, traps or other places where dishes, utensils or other food containers are stacked or stored shall daily be washed with some disinfectant or wiped with a damp cloth containing a disinfectant to be approved by the Division of Health.
q. 
Rule 19: All straws, spoons, dishes or other articles used in connection with food in any food establishment shall be protected at all times to prevent contamination by dust, dirt or flies and all other unnecessary handling. Bacteria count of utensils shall be maintained at 11 cc per utensil.
r. 
Rule 20: All sugar used for customer consumption in food establishments shall be contained in and dispensed in packages or from devices approved by the Division of Health. All tablet or low-sugar shall be individually wrapped.
s. 
Rule 21: All food shall be kept or stored in rodent- and insect-proof containers or in places inaccessible to rodents or insects.
t. 
Rule 22: All retail food establishments shall have a hand wash sink.
u. 
Rule 23: All employees of Risk 3 retail food establishment must possess a valid Food Protection Manager Certificate.
Failure to comply with Rules 1-23 above shall result in a fine of $50 payable directly to the Municipal Court. This fine shall be assessed for each and every day that a violation occurs.
[Ord. No. O-13-2015]
a. 
The Department of Code Enforcement, Division of Health shall provide food-handling training courses periodically to persons engaged in the business of preparing, handling, or processing of foods intended for human consumption.
b. 
A food establishment owner or any food handler under his employ may be required, at the direction of the Health Officer, to complete the food-handling training course offered by the Department of Code Enforcement, Division of Health or an equivalent food-handling training course. The Health Officer's determination to require a food-handling course shall be based on evidence of repeated violations of state and local regulations governing food-handling, food service worker hygiene, and food establishment sanitation.
c. 
A food-handling training course certificate shall be issued by the Department of Code Enforcement, Division of Health to individuals upon successful completion of the food-handling training course. Certificates shall bear an expiration date of three years after issuance.
d. 
The Department of Code Enforcement, Division of Health shall maintain a registry of all persons who have completed food-handling training.
e. 
A food establishment owner or any food handler directed by the Health Officer to complete food-handling training and who fails to do so shall be subject to the general penalty provisions of the Town of Morristown.
[1980 Code § 117-42]
No person shall place or expose for sale any fruit, berries, vegetables or other food upon a sidewalk or outside any building in the Town of Morristown unless the same is placed upon stands, tables or other structures having a height of at least 24 inches above the ground or sidewalk. All such food exposed for sale shall be securely protected from flies, rodents, dust, dirt and all other injurious contamination by suitable cartons, cases or covers of glass, metal, wood or other approved material: provided, however, that no coverings shall be required for such foods which are ordinarily cooked or peeled before eating.
[1980 Code § 117-43]
Any operator shall keep all garbage, offal, scraps, waste food and other refuse in watertight, covered containers, and same shall be removed and disposed of at least every day in the manner approved by the Division of Health. The area around any dumpster maintained on the premises shall be kept in a neat and clean manner.
[1980 Code § 117-44]
No person shall keep or offer for use any common drinking cup, glass or other receptacle or permit the use of any common towel in any railroad station, public or private school, municipal or government building, office building, lodging, boardinghouse, hotel, club, theater or amusement ground, factory, store or any other area of public assembly, except a private home or apartment unit used or occupied as a place of residence.
[1980 Code § 117-46; Ord. No. O-2-08]
a. 
All food vending machine operators must obtain a license to operate, issued by the Health Division. The license will expire on June 30 of each year.
b. 
Foods, beverages and ingredients intended for sale through vending machines shall be obtained from sources complying with the regulations of the Town of Morristown and with other applicable State and Federal laws and regulations. Such products shall be clean and wholesome, free from spoilage and shall be processed, prepared, handled and stored in such a manner as to be protected against contamination and adulteration. All product contact surfaces of containers and equipment shall be protected from contamination.
c. 
Vending machines shall be located so as to minimize the possibility of contamination of the product, shall be easily cleanable and shall be kept clean. The exterior of such vending machines shall be so constructed as to facilitate cleaning and to prevent the entrance of rodents. All interior surfaces and component parts of such vending machines shall be so designed and constructed as to permit easy cleaning and shall be kept clean. All product contact surfaces of the machine shall be smoothed, nontoxic, corrosive-resistant and shall be capable of withstanding repeated cleaning and bactericidal treatment by normal procedures. Such surfaces shall be protected against contamination.
d. 
Water used in vending machines shall be from an approved source and shall be of a safe and sanitary quality.
e. 
All waste from such machinery shall be properly disposed of and, pending disposition, shall be kept so as to prevent the creation of a nuisance.
f. 
Food, beverages and ingredients and product contact surfaces of containers, equipment and supplies shall be protected from contamination while in transit to such vending machines. Readily perishable foods and beverages, while in transit, shall be maintained at or below 45° F. or at or above 150° F.
[1980 Code § 117-47]
The operator of any factory, store, market, restaurant, delivery wagon or truck or other place where food or drink for human consumption is manufactured, prepared, handled, sold, stored, served or transported shall, upon tender or offer of value, deliver to the Health Officer or an authorized representative of the Division of Health such samples of food or drink for analysis as may be necessary or requested. If such request is not complied with at once, the Division may demand and take as much of the food or drugs as it may think necessary, tendering to the owner what it deems to be the reasonable value.
[1980 Code § 117-48]
Whenever any substance intended as food or drink for human consumption is found being offered or exposed for sale or held in possession with intent to sell, which substance is, in the opinion of the Division of Health, unfit for human use or liable to cause or transmit any disease, the Division of Health may embargo or order the same removed and disposed of; and it shall be the duty of the operator of such substance to immediately remove and dispose of it at his own expense, according to the directions of the Health Officer. In case the operator shall fail to remove immediately and dispose of such substance so ordered, the same may be caused to be removed by the Division of Health at the expense of the operator. No food, drink, milk, meat or other products or any drug or cosmetic which has been embargoed in accordance with this section shall be removed, processed, salvaged or disposed of without first obtaining a written permit from the Health Officer of the Town of Morristown.
[1980 Code § 117-49]
In case the operator of any activity covered by this section shall fail to keep such operation in a clean and sanitary condition after being notified to do so by the Health Officer, or in case such operation may be liable to cause or transmit disease, the Health Officer shall order that such operation be stopped or place of business be closed until it shall be put in a clean and sanitary condition or until such operation no longer shall be liable to cause or transmit disease. It shall be the duty of the owner or operator to comply immediately with and obey such order to conduct no further operation until permission has been granted by the Health Officer.
[1980 Code § 117-50]
The Health Officer is authorized and empowered to suspend or revoke any such license or permit regulated by this article issued to or held by any person who shall violate any of the provisions of this code based upon serious or repeated violations. When the Health Officer contemplates a revocation action, he shall present the licensee with the opportunity for a hearing, prior to which he shall present such charges as may be the reason for the revocation, along with the place and time he will hold the hearing.
[Ord. No. O-31-10; Ord. No. O-20-12]
Any person who shall violate any subsection or part of a subsection of this section, except for Subsection 25-10.6, shall upon conviction in the Municipal Court of the Town of Morristown, be subject to the minimum penalty of $100 per day payable to the court and a maximum fine to be determined by the court. Any person who shall violate Subsection 25-10.6 of this chapter shall upon conviction in the Municipal Court of the Town of Morristown be subject to a penalty of $500 per day payable to the court.