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Borough of Somerville, NJ
Somerset County
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Table of Contents
Table of Contents
Code
New Laws (3) Index
[HISTORY: Adopted by the Board of Health of the Borough of Somerville 3-25-70.[1] Amendments noted where applicable.]
[1]
Editor's Note: This ordinance repealed Article VI of the Sanitary Code of the Borough of Somerville (Revision of 1942).
A code regulating retail food-handling establishments, providing for the inspection of such establishments and fixing penalties for the violation thereof is hereby established and adopted pursuant to N.J.S.A. 26:3-69.1. A copy of said code is annexed hereto and made a part hereof without the inclusion of the text thereof herein.
The said code established and adopted by this chapter is commonly known as the "Retail Food Establishment Code of New Jersey (1965)," and three (3) copies of same have been placed on file in the office of the Health Officer of this Board upon the introduction of this chapter, where they will remain on file for use and examination by the public until final action is taken on this chapter or, if this chapter is adopted, as long as it remains in full force and effect. This chapter and said code may be printed in composite form for general use.
The following additional regulations, numbered to conform to the numbering system of said code, are hereby established and adopted as a part of said code:
A. 
Section 2.2b is amended by the addition of the following subsections:
(6)
All frozen-food display cases and lockers and all refrigerated cases of the open-top type shall contain a prominent line marking the maximum height of safe storage within same, and no food or drink shall be permitted to remain in such case or locker above such mark or line.
(7)
Each place where perishable food or drink shall be kept while not being prepared or served, where temperatures must comply with the applicable provisions of Section 2.2, and also all frozen-food display cases and lockers and all refrigerated cases of the open-top type not governed by any other section of the code shall be equipped with accurate thermometers. Every such thermometer shall be placed where it will measure the temperature of the food or drink in its vicinity and where it can be read without disturbing or exposing the food or drink in its vicinity.
B. 
Section 3.1a is amended by the addition of the following subsection:
(2)
Any employee, as defined by Section 1.6, and any manager and any managing proprietor of a retail food-handling establishment may be required by the enforcing official to submit to a physical examination for the purpose of ascertaining whether or not he or she is affected by any of the diseases or forms of diseases above mentioned whenever in the judgment of the enforcing official such examination may be necessary.
C. 
Section 3.1c is added as follows:
c.
Employee Examination:
(1)
All employees, as defined by Section 1.6, of any retail food-handling establishment must present to the manager or managing proprietor an annual chest X-ray report as a condition of employment in a retail food-handling establishment. The certificates and reports are to remain on file with the employing establishment and shall be made available for inspection by the enforcing official.
D. 
Section 9 is added as follows:
[Amended 1-28-81]
9.1
No person or organization shall operate a retail food-handling establishment unless a retail food-handling license shall have been issued by the Board of Health. Such license shall be posted in a conspicuous place near the public entrance of the establishment.
9.2
All applications for retail food establishment licenses shall be made in writing by the applicant on a form to be approved by the Board of Health. An application for a new retail food establishment may be made at any time of the year. In the event that the license is not granted, all fees will be retained by the Board of Health.
Retail food establishment licenses issued pursuant to the provisions of this ordinance[1] shall expire annually on the 31st day of March. Applications for the renewal of an existing license shall be on the same form as for the original application for a new license and shall be received by the Board of Health no later than 4:30 p.m. on the last working day of March.
9.3
Fees for retail food establishment licenses shall be as follows:
a.
Retail food establishment license: twenty dollars ($20).
b.
Food-handler's license, each: one dollar and fifty cents ($1.50).
The proper fee shall be submitted with the completed application form.
9.4
No person or organization shall operate or conduct a temporary retail food sale unless a temporary food-sale permit shall have been issued by the Board of Health.
9.5
All applications for temporary food sales shall be made on a form approved by the Board of Health. The temporary permit shall only be valid for the time period specified thereon. The application shall be completely filled out and returned with the appropriate fee to the Board of Health at least seven (7) working days prior to the sale date.
9.6
Fees for temporary retail food establishment permits shall be as follows:
a.
One-day permit for vendors or establishments currently holding a valid retail food license in the Borough of Somerville: fee waived.
b.
One-day permit for vendors or establishments not currently holding a valid retail food license in the Borough of Somerville: twenty-five dollars ($25).
c.
One-day permit for nonprofit or service organizations: fee waived.
Appropriate fees shall be submitted with the completed application form.
9.7
Any retail food establishment license or temporary permit may be suspended or revoked for any violation of applicable state or local Board of Health regulations governing the sale or distribution of food or for any violation of this ordinance.[2] Sanitary inspections by the Board of Health or its designated representatives shall be conducted to determine the degree of compliance with applicable regulations.
9.8
A retail food establishment license and a temporary retail food permit are both nontransferable.
9.9
Any person who violates any provision of this ordinance[3] established herein shall, upon conviction thereof, be liable to a penalty of not less than five dollars ($5) nor more than five hundred dollars ($500) for each violation.
9.10
In the event that any section, sentence or clause of this ordinance[4] shall be declared unconstitutional by a court of competent jurisdiction, such declaration shall not in any manner prejudice the enforcement of the remaining provisions.
9.11
This ordinance[5] shall take effect immediately upon adoption and publication as required by law.
[1]
Editor's Note: The word "ordinance" refers to the ordinance adopting the Retail Food Establishment Code.
[2]
Editor's Note: The word "ordinance" refers to the ordinance adopting the Retail Food Establishment Code.
[3]
Editor's Note: The word "ordinance" refers to the ordinance adopting the Retail Food Establishment Code.
[4]
Editor's Note: The word "ordinance" refers to the ordinance adopting the Retail Food Establishment Code.
[5]
Editor's Note: The word "ordinance" refers to the ordinance adopting the Retail Food Establishment Code.
Any person who violates any provision of or order promulgated under this chapter or code established herein shall, upon conviction thereof, be liable to a penalty of not less than five dollars ($5) nor more than five hundred dollars ($500) for each violation. Each day a particular violation continues shall constitute a separate offense.