Editor's Note: See BH24-1 for Licenses Fees.
[Ord. 7-15-59 A1 § 1]
Without in anywise intending to limit the generality of any
other provision of this chapter, the provisions of this chapter shall
be construed to include the manufacture, production, packing, possession,
exposure, offer for sale, sale, dispensing or giving away of any article
of food or beverages.
[Ord. 7-15-59 A1 § 2]
For the purpose of this chapter, food or beverages shall be
deemed adulterated if either of them falls within the definition,
construction, context, intent or meaning of Title 24 of the New Jersey
Revised Statutes, 1937, or any amendments thereto or supplements thereof.
[Ord. 7-15-59 A1 § 3]
For the purpose of this chapter, food or beverages shall be
deemed misbranded if either of them would be deemed misbranded within
the definition, construction, context, intent or meaning of Title
24 of the New Jersey Revised Statutes, 1937, or any amendments thereto
or supplements thereof.
[Ord. 7-15-59 A2 § 1]
No person shall:
a.
Manufacture, expose for sale, offer for sale, sell, use or keep any
food or beverage for human use or consumption, which has been exposed
to any contamination or infection from any communicable disease, or
is believed to have been exposed to contamination or infection from
any communicable disease, or which is unfit, unwholesome, impure,
decayed, diseased, mislabeled or adulterated within the meaning of
the Revised Statutes of the State of New Jersey, 1937, Title 24, or
any amendments thereto or supplements thereof;
b.
Distribute or sell, or offer or expose for sale, or have in his possession
with intent to sell, or manufacture for distribution or sale, any
food or drink which differs in purity, quality or strength from the
standards adopted and published in accordance with Title 24, of the
New Jersey Revised Statutes, 1937, or any amendments thereto or supplements
thereof;
c.
Handle or dispense any food or beverage within the Borough while
suffering from or possessed of any communicable disease;
d.
Keep any dog in, or allow or permit any dog, to enter any store,
building, place or establishment within the Borough, where food or
beverages are kept, manufactured, sold or handled for commercial purposes.
[Ord. 7-15-59 A3 § 1]
No person shall, within the Borough, operate or conduct any restaurant, lunch room, lunch wagon, cafeteria, lunch counter, ice cream parlor, soda fountain, hotel, club, lunch stand, boarding house, bakery, stand, cart or other place where any food or beverage is sold, served or dispensed for consumption upon the premises, or any box lunch establishment, bakery, delicatessen, butcher store, grocery store or other place where food or beverage are prepared, sold or delivered, without first having obtained, from the Board, a health certificate in the form, and as required of the persons mentioned in Section BH8-4.
[Ord. 7-15-59 A4 § 1]
No person shall handle, sell or be employed in the sale, or engage in the handling, preparation, cooking or serving of any article of food, beverage, ice cream or candy, in or from any place described in Section BH8-3, unless such person shall furnish, to the Health Officer, a medical certificate, duly signed by a licensed physician, evidencing that such person is free from any communicable disease and stating further that, with respect to tuberculosis, the chest of such person has been bared for examination and unless, further, such person shall first obtain, from the Board, a health certificate so to do. The provisions of this section shall not, however, apply to food or foodstuffs machine-packaged or machine-sealed or machine-capped beverages.
[Ord. 7-15-59 A4 § 2]
Employers of such persons shall send, or cause to be sent, such
medical certificates to the Health Officer, prior to the date of the
commencement of employment, and on each succeeding January 1, during
the continuance of such employment.
[Ord. 7-15-59 A5 § 1]
No person shall sell, deliver or peddle any article of food,
in the borough, from any wagon, pushcart, truck or other vehicle,
or from house to house, or in or at any public place, without first
having obtained a license from the Board so to do.
[Ord. 7-15-59 A5 § 2]
There shall be displayed on all vehicles used for any of the
purposes aforesaid, such plate as may be furnished by the Board, evidencing
the permission of the Board to use the vehicle for the purposes aforesaid.
[Ord. 7-15-59 A6 § 1]
The owner, proprietor or other person in charge of any food
establishment, vehicle, or place where food or beverages are handled,
sold or distributed in the original, sealed package or container in
which it was received, shall maintain and observe the following minimum
sanitary standards:
a.
Single service straws and spoons shall be protected from flies, dust,
dirt and other contamination.
b.
Food or beverages likely to spoil shall be kept in such manner and
at such temperature as to prevent spoilage.
c.
All refuse, including unconsumed portions of food, used straws and
spoons, together with all paper, cellophane or similar wrappings which
have come in contact with food, shall be kept in watertight, tightly
covered receptacles.
[Ord. 7-15-59 A7 § 1]
The owner, proprietor or other person in charge of any food
establishment, vehicle, or place where food or beverages are handled,
prepared, sold or distributed in a manner other than in the original
sealed package or container in which it was received, shall maintain
and observe the following minimum sanitary standards:
a.
All foods and beverages shall, at all times, be adequately protected
from flies, dust, dirt and other contamination.
b.
Food and beverages likely to spoil, shall be kept in such manner
and at such temperature as to prevent spoilage.
c.
The interior of all places, rooms, compartments and vehicles shall
be adequately ventilated and lighted and shall be maintained in a
clean condition.
d.
All counters, table tops, shelves, boxes, refrigerators and other
receptacles in or upon which food or beverages are stored, prepared,
handled, displayed or served, shall be kept clean.
e.
Clean outer garments shall be worn by all persons when engaged in
the handling, preparation, sale or serving of food or beverages.
f.
Adequate facilities for washing hands, including clean water, soap
and clean towels, shall be provided at a place convenient for the
use of all persons engaged in the handling, preparation, sale or serving
food or beverages, shall wash his hands thoroughly with soap and water
before commencing work and after using the toilet.
g.
All dishes and other utensils in or with which food or beverages
come in contact or which are used by customers, and all knives, forks,
spoons, cups, glasses and similar articles used by customers in the
consumption of food or beverages except single service utensils, shall
after such contact or use and before re-use, be thoroughly cleansed
for at least two minutes, in hot soapy water or a hot alkaline solution
and immediately rinsed or immersed in clean water of a temperature
of at least 180° F., or shall be cleansed and treated in some
other manner approved by the Board.
h.
An abundant supply of water for the proper conduct of the business
shall be readily available at all times.
i.
Water used or made available for use for drinking or culinary purposes
or for the cleansing of any utensils, shall be of a quality safe for
such use and shall meet all standards of quality fixed by the Director
of Health of the State of New Jersey.
j.
Adequate toilet facilities shall be provided for all employees.
k.
Every toilet, toilet room or wash room, maintained in or in connection
with such premises, shall be kept clean.
l.
All toilet rooms and compartments shall be ventilated by a window
or duct opening to the outer air and be so located and constructed
so that odors therefrom will be prevented from reaching any room in
which food or beverage is stored, prepared or served.
m.
All garbage, decomposable or waste animal and vegetable material,
all refuse incident to the conduct of every food or beverage vending
or food or beverage preparation establishment and all single service
utensils and paper, cellophane and similar wrappings which have come
in contact with food, must, at all times be kept covered to prevent
access of flies and escape of foul odors.
n.
All reasonable means shall be employed to keep all rooms, places,
or compartments free from rats, mice, roaches and other vermin.
[Ord. 7-15-59 A8 § 1]
No single service utensils or single service containers shall
be used a second time.
[Ord. 7-15-59 A8 § 2]
No food offered or exposed for sale shall be handled or permitted
to be handled by any customer or prospective customer prior to the
actual purchase thereof. Placards containing this section shall be
posted if required by the Board.
[Ord. 7-15-59 A8 § 3]
No common drinking cup shall be furnished to, nor kept where
accessible to customers or employees.
[Ord. 7-15-59 A8 § 4]
No towel, except of the single service type, shall be furnished
or made available for the use of employees.
[Ord. 7-15-59 A8 § 5]
No dishwater, drainage from plumbing fixtures or other foul
or putrescible waste liquids from or produced in connection with such
premises shall be permitted to accumulate on the surface of the ground
or be disposed of in a manner which may pollute any water supply or
create a nuisance.
[Ord. 7-15-59 A8 § 6]
No person shall live or sleep, or be allowed to live or sleep
in any room, compartment, vehicle or conveyance where food, intended
for sale or distribution, is handled, produced, manufactured, packed,
distributed or sold.
[Ord. No. 01-20].
In order to receive a business certificate, Board of Health
license or CCO, a food establishment must present a contract for an
extermination service.
[Ord. 7-15-59 A9 § 1]
No person shall store, keep, hold, sell or offer for sale, any
meat, fish, vegetables or other articles designed or held for sale,
unless the building, store, place or establishment where the same
are stored, kept or held, sold or offered for sale, are at all times
maintained in a clean and wholesome condition and unless the articles,
and each and every one of them, are at all times preserved in a wholesome
condition and safe for human consumption.
[Ord. 7-15-59 A9 § 2]
The word person, as used in the previous section, shall also
be taken to include and mean the owner, lessee or proprietor of the
place, the manager or person in charge thereof and any other person
actively engaged in the handling of any such article of food in and
about the premises.
[Ord. 7-15-59 A9 § 3]
No person shall sell or expose for sale, any food or beverage
that is decayed, putrefied or has become chemically or physically
changed so that it is unwholesome or unfit for consumption or that
has been exposed to contamination or infection of any communicable
disease.
[Ord. 7-15-59 A9 § 4]
No exposed food shall be offered for sale from shelves, counters
or other containers which shall be less than 24 inches from the floor
of the store or place in which the same is exposed for sale.
[Ord. 7-15-59 A9 § 5; Ord. No.
06-5 § 1]
No food shall be stored, displayed, sold or exposed for sale
from or on the sidewalk, entrance, passageway or other surfaces outside
of any building, unless such person shall hold a currently valid license
issued by the Construction Code Official of the Borough of Fairview.
[Ord. 7-15-59 A9 § 6]
No bottles or other containers which are used for the delivery
of food or beverages shall be stored or left standing in any public
place in the Borough.
[Ord. 7-15-59 A10 § 1]
No person shall operate any food processing or beverage processing
establishment in the Borough, without first having obtained a permit
from the Board so to do.
[Ord. 7-15-59 A10 § 2]
Every establishment referred to in this section shall be subject
to inspection during all business hours by the Board or the Health
Officer.
[Ord. 7-15-59 A10 § 3]
Every such establishment shall, at all times, conform to and
comply with all sanitary regulations contained herein and affecting
or concerning the handling, manufacture, preparation, storage, sale
or exposure of all food or beverage.
[Ord. 7-15-59 All § 1]
No person shall sell, offer for sale or expose for sale, any
horse meat or horse flesh, unless a license shall have first been
obtained from the Board covering each establishment, premises, vehicle
or conveyance used therefor.
[Ord. 7-15-59 A11 § 2]
a.
No horse flesh or horse meat shall be sold, offered for sale or exposed
for sale in the Borough, unless the animal from which the same originated,
was slaughtered in the United States government licensed slaughter
house and unless every carcass, piece and parcel thereof, so exposed
for sale, shall have conspicuously attached thereto a label or tag,
not less than three inches wide and four inches long, on which there
shall be printed or stamped in letters not less than one inch in height,
the words "HORSE FLESH."
b.
Every establishment, store or place in which horse flesh or horse
meat is sold, shall display, in a conspicuous space on the outside
of the building, store, or establishment, and easily legible, without
artificial aid, from a distance of at least 40 feet, a sign with the
words "HORSE FLESH SOLD HERE."
[Ord. 7-15-59 All § 3]
[Ord. 7-15-59 A12 § 1]
No person shall expose for sale or offer for sale, or otherwise
dispose of or have in his possession for sale or disposal, within
the Borough, any meat of or from any cattle, calf, lamb, goat, swine
or any part of any animal from which any meat is obtained, unless
the animal has been examined, both before and after slaughter, by
the veterinary inspector or other qualified officer of the United
States government, or by the veterinary inspector or other qualified
officer of the Board of Health of a municipality having a system of
inspection equal to that adopted by the United States Bureau of Animal
Industry.
[Ord. 7-15-59 A12 § 2]
All meat or meat food products offered for sale in the Borough
shall be subject to re-inspection and condemnation at all times by
the Board.
[Ord. 7-15-59 A12 § 3]
No person shall offer or expose for sale, sell or otherwise
dispose of, within the Borough, or be possessed of any meat or meat
products, unless the factory or establishment where the same are manufactured,
processed or put up, bears the approval of the United States Bureau
of Animal Industry or the approval of the Board of Health of the municipality
in which the same is located; nothing herein contained, however, shall
be construed to permit the use, sale or the exposure for sale thereof
for human consumption, of any meat or meat products unfit for human
consumption.
[Ord. 7-15-59 A12 § 4]
No person shall sell, expose for sale or offer for sale, or
cut any meat on the public streets within the Borough.
This section, however, shall not be construed or taken to prohibit
the sale of meat sold as and being in fact a "frozen food" and sold
in its original sealed package.
[Ord. 7-15-59 A13 § 1]
It shall be unlawful to sell, expose for sale or offer for sale,
any fish within the Borough, unless the place from which the same
is sold, exposed or offered for sale, fully complies, in all respects,
with the following:
a.
All floors thereof shall be of nonabsorbent material.
b.
Ice refrigerators shall have drain permanently connected indirectly
into a proper trap and vented fixture to sanitary sewer line and shall
be flushed daily with fresh water.
c.
All table tops and counter tops shall be of non-absorbent material.
Portable wooden cutting or chopping boards are permitted but they
must be thoroughly washed and scrubbed daily.
d.
All doors and windows shall be screened from May 1 to October 1 in
each year. Window screens shall be of permanent locking type.
e.
Toilet and hand-washing facilities shall be provided for fish handlers.
f.
Only wholesome and edible fish and fish products shall be sold for
human consumption.
g.
All fish show cases shall be internally lined with nonabsorbent material.
[Ord. 7-15-59 A14 § 1]
The fact that, with respect to one or more specific articles
of food or specific kinds of business, certain regulations have been
prescribed under this chapter, shall not in anywise be taken to limit
or affect the obligation of every person to fully and in all other
respects comply with all the other provisions of this Code applicable
to any business in which the person may be engaged or applicable to
any product which he may handle, store, sell, offer for sale or dispose
of.
