[Ord. No. 99-5 § 1]
A Code regulating retail food handling establishments, providing
for the inspection of such establishments and fixing penalties for
violations, is hereby established pursuant to N.J.S.A. 26.3-69.1 to
69.6. A copy of the Code is annexed hereto and made apart hereof without
the inclusion of the text thereof herein.
[Ord. No. 99-5 § 2;
New]
The Code established and adopted by this chapter is Chapter
XII, "Sanitation in Retail Food Establishments and Food and Beverage
Vending Machines" of the New Jersey Sanitary Code, and is referred
to as same.
[Ord. No. 99-5 § 3]
Three copies of this chapter as well as the State of New Jersey
Sanitary Code, Chapter XII, have been placed on file in this office
of the Secretary of this local Board of Health upon introduction of
this chapter and will remain on file there until final action is taken
on this chapter for the use and examination of the public.
[Ord. No. 99-5 § 4; Ord. No. 02-4]
a. No retail food establishment including restaurants, diners and any
other establishments selling or serving food to the public in the
Borough of Fairview shall be granted a Retail Food Establishment License
unless the owner, manager or employee in charge of other employees
serving food on each particular shift has successfully completed a
course prescribed by the Fairview Board of Health pertaining to health,
education, sanitation, personal hygiene, food borne illness, dishwashing
and sanitizing procedures, micro-organisms, insects and rodents, and
other health related matters. There are two such courses: an Eighteen-Hour
Food Manager's and Handler's Certification Course and a
Three-Hour Food Handler's Course. The owner, manager or employee
in charge of other employees serving food on each particular shift
must possess a current certificate of satisfactory completion of the
course which must be available in the establishment at all times.
The owner, manager and employees in charge of other employees serving
food on a particular shift shall have completed the minimum of a Three-Hour
Food Handler's Course. The certificate of satisfactory completion
of the Three-Hour Food Handler's Course shall be effective for
five years from the date of its issuance and shall be a prerequisite
to any license being issued to a retail food establishment after the
appropriate fee of $35 has been paid.
b.
1. Commencing January 1, 1999, or such date as may be fixed by the Fairview
Board of Health, each owner, manager or employee in charge of other
employees serving food on each particular shift shall complete the
first available Three-Hour Food Handler's Course prior to the
Board of Health issuing an annual license to the retail food establishment.
In addition, before a license shall be issued the retail food establishment
shall pay the appropriate fee of $35 in accordance with this chapter.
2. Commencing January 1, 1999 and each year thereafter, or such other date as may be fixed by the Fairview Board of Health, where an owner, manager or employee in charge of other employees serving food on each particular shift has not completed the Three-Hour Food Handler's Course as set forth in Section
BH10-4a of this chapter, the Fairview Board of Health may issue a temporary retail food license which shall expire on March 31, 1999. For the issuance of such a temporary retail food license, the retail food establishment shall pay the normal fee charged for the permit together with a special surcharge for the temporary retail food license in the amount of $50. No part of the surcharge shall be returned. The surcharge shall be used for the sole purpose of administering this chapter on those retail food establishments whose owner, manager or employee in charge of other employees serving food on each particular shift has not successfully completed the Three-Hour Food Handler's Course.
c. Additionally, commencing January 1, 1999, or such date as may be
fixed by the Fairview Board of Health, each new owner of a retail
food establishment where food is prepared is required to take the
first available Eighteen-Hour Food Manager's Certification Course
and employees in charge of other employees serving food on a particular
shift must take the Three-Hour Food Handler's Course. The Fairview
Board of Health shall issue a temporary retail food license which
shall remain in effect for 90 days from the date of its issuance or
until the required Eighteen-Hour Food Manager's Certification
Course and Three-Hour Food Handler's Course has been given and
satisfactorily completed. For the issuance of such a temporary retail
food license, the retail food establishment shall pay the normal fee
charged for the permit together with a special surcharge for the temporary
retail food license in the amount of $50. No part of the surcharge
shall be returned.
d. If there is no owner, manager or employee in charge of other employees
serving food to others on each particular shift who has satisfactorily
completed the Eighteen-Hour Food Manager's Certification Course
or Three-Hour Food Handler's Course in accordance with this chapter,
then the retail food establishment shall be issued a summons to appear
before the magistrate to answer the violation.
e.
1. Any retail food establishment which receives an "Unsatisfactory"
rating from the appropriate official inspecting the premises shall
immediately cease from serving any food or similar products until
the license has received a "Satisfactory" rating from the inspector
conducting such inspections.
2. Any retail food establishments which receives two conditional satisfactory
ratings within any one-year period shall have its owner or manager
appear at the next meeting of the Fairview Board of Health to show
cause why its license shall not be suspended for failing to operate
its premises in accordance with Chapter XII of the New Jersey Sanitary
Code. The conditional satisfactory shall be posted on the premises
for such time as the Board of Health and/or inspector believes it
is necessary for the preservation of the public health and safety.
In addition, its owner or manager must take and satisfactorily complete
the next available Eighteen-Hour Food Manager's Certification
Course.
Failure of the establishment to adhere to this rule by licensing
time of the subsequent year, will result in a surcharge of $500 on
the new license.
3. In addition to the remedies stated above, the inspector conducting
the inspection shall cause appropriate summons to be issued for the
violation of Chapter XII of the New Jersey Sanitary Code, the ordinance
of the Borough of Fairview and applicable statutes of the State of
New Jersey.
f. Each licensee shall pay a license fee for the issuance of a license
to operate a retail food establishment or other business in the Borough
of Fairview as follows:
Schedule of License Fees
|
---|
Food Handling Establishments
|
---|
Bakery
|
*
|
Cafeteria/Industrial Cafeteria
|
*
|
Deli
|
*
|
Institutions
|
*
|
Mobile Vending
|
*
|
Movie Concession
|
*
|
Packaged Food Store
|
*
|
School
|
*
|
Stationary Store
|
*
|
Supermarket
|
*
|
Snack Bar
|
*
|
Truck Peddler
|
*
|
Temporary (Seasonal)
|
$40
|
Temporary (1 day)
|
$25
|
Sit Down or Take-Out Restaurants/Caterers
(Based on seating capacity)
|
---|
|
Nonprofit Organizations
|
$25
|
(Senior Citizen establishments and activities in Borough-owned
building and religious institutions are exempt from the fees imposed
under this chapter.)
|
g. A retail food establishment license issued under the provisions of
this chapter shall expire annually on December 31 of each year and
application for renewal thereof shall be submitted together with the
required fee prior to February 1 of each year. Failure to obtain a
license for the new year by January 31 will result in a surcharge
(late fee) of $500.
h. A retail food establishment license issued by another Board of Health
is not transferable as to another license.
i. As concerns nonprofit organizations, whenever food is being prepared
at any of those facilities, a temporary permit, exempt from fees,
must be obtained from the Board of Health two weeks prior to the date
of the function. In order to obtain this permit, the following information
must be provided: (a) date and length of function; (b) type of food
being prepared, location of preparation; and (c) approximate number
of people being served. The Board of Health has the authority to restrict
the types of food prepared and served.
j. Each nonprofit organization which prepares and serves food, in addition
to the matters set forth above in paragraph i, should have someone
from their organization take the Three-Hour Food Handler's Course.
k. Nursery schools preparing food or representatives of the nursery
schools preparing food must take the Three-Hour Food Handler's
Course.
[Ord. No. 99-5 § 5]
Any person who violates any provision of, or order promulgated
under, this chapter shall upon conviction thereof, be liable to a
penalty of not less than $50 nor more than $1,000 for each violation.
Each day a particular violation continues shall constitute a separate
offense.