A code regulating retail food establishments and fixing penalties
is hereby established pursuant to R.S. 26: 3-69.1 to 69.6. A copy
of the code is annexed hereto and made a part hereof without the inclusion
of the text herein.
A code established and adopted by this article is described
and commonly known as "Chapter XII, Sanitation in Retail Food Establishments
and Food and Beverage Vending Machines."
Three copies of "Chapter XII, Sanitation in Retail Food Establishments
and Food and Beverage Vending Machines" have been placed on file in
the office of the health department for the use and examination of
the public.
a.
(Reserved)
b.
Sanitary facilities in food handling establishments.
1.
Facilities required. Every food handling establishment shall have
adequate toilet facilities with hot and cold running water, soap,
soap dispensers, non-common towels and receptacles for waste paper.
These shall be installed and maintained in a sanitary condition and
in proper working order at all times.
2.
Ventilation: doors. All toilet rooms shall be effectively ventilated
and equipped with self-closing doors which open outward. The minimal
standard for effective ventilation shall require that every toilet
room be provided with sufficient ventilating facilities to insure
at least four complete changes of air per hour. When natural ventilation
does not accomplish this result, there shall be provided an auxiliary
or power ventilating system.
3.
Handwashing required. Employees shall not resume work after using
the toilet or toilet room, or subjecting the hands to other contamination
contact, without first washing their hands and arms with soap and
hot water and properly drying them.
4.
Signs to indicate requirements. Signs shall be posted in each toilet
and other rooms used by employees and in the kitchen indicating the
requirements for washing hands, arms and other exposed surfaces of
the body which may contact food after a bodily function or some other
contaminating contact.
5.
Number of violations. Each day that a violation of any provision
of this subsection exists shall constitute a separate violation unless
the nature of the violation fairly admits more frequent calculation.
c.
Mobile retail food establishments.
1.
Mechanical refrigeration required. Any food-cooling equipment or devices contained on or utilized by a mobile retail food establishment licensed by the division of health shall be powered by electricity or gas and shall be capable of maintaining safe minimum temperatures as set forth in Chapter 12 of the N.J. State Sanitary Code.
No retail food establishment as defined in the code shall be
operated unless a license to operate the same shall have been issued
therefor by the division of health. Such license shall be posted in
a conspicuous place in the establishment for which it is issued.
a.
Application and modification of use. Applicants for a license shall
file with the division of health a written application in duplicate
on a form to be furnished by the division of health, giving the following
and other pertinent information.
1.
Name and address of the establishment for which the license is sought
(including phone numbers).
2.
Name and address of the operator of the establishment (including
phone numbers).
3.
Nature of the activity of the establishment.
Upon receipt of each application for a license the division
of health or its duly authorized agent shall promptly make an appropriate
investigation to determine whether the establishment of the applicant
complies with the requirements and practices established by the code.
Upon the completion of such investigation, the division shall act
upon the application.
Modification of use. No license holder shall modify or expand
any existing retail food establishment use without first filing with
the division of health a supplementary written application detailing
the exact nature of the proposed modification or expansion. The division
of health or its duly authorized agent shall promptly make an appropriate
investigation to determine whether the proposed modification or expansion
complies with the requirements and practices established by the code.
Upon the completion of such investigation, the division shall act
upon the supplementary application and issue a supplementary license.
There shall be no fee for such supplementary license.
b.
Fees. Every application for a license under this chapter shall be accompanied by a fee as set forth in Chapter XXIV, subsection 24-6.1.
Each license to operate a retail food establishment issued pursuant
to this chapter shall expire on December 31 of the same year in which
the license was issued. No license shall be issued for a period greater
than one year at any one time.
There shall be a review fee as set forth in Chapter XXIV, subsection 24-6.1 for the review by the Division of Health of plans for proposed retail food establishments as follows.
No fee shall be charged for a license issued to a church, school,
eleemosynary or nonprofit organization, society or group provided,
however, that this fee exemption shall not apply to a commercial caterer
serving food at a function of any such organization.
Licenses issued pursuant to this chapter may be revoked by the
division for any violation of the provisions of this chapter or the
code.
Unless the division or a duly authorized representative charged
with the enforcement of the code determines that the protection of
the public health requires an immediate revocation of a license, no
license shall be revoked before a hearing is held thereon by the division.
Notice of the hearing for revocation of a license shall be in writing,
shall set forth specifically the grounds of complaint, the time and
place of hearing, and shall be mailed by registered or certified mail
to the holder of the license at his last known address at least five
days prior to the date set for the hearing.
Any person aggrieved by a denial of the application for a license
or by a summary revocation of a license shall have a right to appeal
to the division. Such appeal shall be made by a written notice not
later than 15 days after notice of the action complained of has been
mailed to the applicant or licensee. The division shall set a time
and place for a hearing on such appeal, which time shall not be later
than 15 days from the receipt of notice of appeal, except that in
case of a summary revocation of a license the hearing shall be held
within three days from the receipt of the notice of appeal.
At any hearing of the division held pursuant to this chapter
the licensee or appellant may be represented by counsel and may present
evidence, including the testimony of witnesses in his behalf. The
decision of the division shall be rendered within ten days after the
hearing.
