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 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 § 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 § 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. 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 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 § 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.
The retail sale or offering of horse meat or horse flesh and non-amendable meat and meat products is prohibited in the Borough of Fairview.
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 or any part of any animal from which any meat is obtained that has not been regulated by both the U.S. Food and Drug administration (FDA) and the United States Department of Agriculture (USDA). These products are known as "amenable meats and meat products."
[Ord. 7-15-59 A12 § 2]
Meat and poultry that is not a ready-to-eat food and is in a packaged form when it is offered for sale or otherwise offered for consumption, shall be labeled to include safe handling instructions. 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 Health Inspector/Department of Health.
[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.
1. 
Thorough ventilation;
2. 
Self closing doors;
3. 
Running water, separate from washing basins;
4. 
At least two metal garbage cans with covers for fish scraps (cans to be at least ten-gallon size), which cans shall be removed and emptied 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.