For the purposes of this Article, the terms used herein are
defined as follows:
Shall mean any article of food or drink, a source of food
or drink, a method, a device or a piece of equipment, which meets
the requirements of this Board or the State Department of Health.
Shall mean any person who handles food or drink during preparation
or serving or who comes in contact with any eating or cooking utensil
or who is employed in a room in which food or drink is prepared or
served, including the term "person" as further defined.
Shall mean the Health Officer or other official possessing
a license issued by the State Department of Health under the provisions
of N.J.S.A. 26:1A-41 who is designated by the Board of Health to enforce
this chapter, except plumbing inspectors and public health laboratory
technicians.
Shall mean all confectionery and every article used as food
or as drink for human consumption, and all articles used for components
of any such article.
Shall mean an individual, firm, corporation, association,
society or partnership and its agents or employees.
Shall mean restaurants, taverns, box lunch establishments,
bakeries, meat markets, delicatessens, luncheonettes, caterers, soda
fountains, food vending vehicles, grocery stores and any other place
in which food or drink is prepared or stored for public consumption,
distribution or sale at retail, including vehicles used in connection
therewith and all places where water for drinking or culinary purposes
is available for public use.
Shall mean every delivery of food, whether the same is by
direct sale or the solicitation or acceptance of an order for food,
including the exchange, barter, traffic in, keeping and exposing for
sale, displaying for sale, serving with meals, delivering for value,
peddling, possessing with intent to sell and the gratuitous delivery
or gift of any food by any licensee or person to whom a food certificate
has been issued or by any other person.
Shall mean the process of rendering eating or drinking utensils
free from disease producing bacteria so that they have been cleansed
and disinfected as to have a total bacterial count of not more than
one hundred (100) per utensil when sampled in accordance with approved
methods in an approved laboratory.
Shall mean any kitchenware, tableware, glassware, cutlery,
containers or other equipment with which food or drink comes in contact.
[Ord. No. BOH-02-2008;
Ord. No. BH#95 § 1; Ord. No. BH#96 § 1; Ord. No.
BH#98]
a.
No person shall conduct, maintain or operate a food establishment
without first obtaining from the Board a license, certificate, permit
or license to do so.
b.
Fees in accordance with the following schedule shall be paid before
any license required in the Article shall be issued, except that payment
of a fee may be waived by the Board of Health at its discretion for
any municipal facility, church, school or building which does not
receive any remuneration for the dispensing of food or drink upon
written receipt of a written application for fee waiver from the person
conducting, maintaining or operating such an establishment:
|
Food and Vending
|
Fee
|
|---|---|
|
Retail food establishments (food stores 9,999 square feet or
less)
|
$125.00
|
|
Retail food establishments (food stores over 10,000 square feet)
|
$375.00
|
|
Restaurants (49 seats or less)
|
$125.00
|
|
Restaurants (over 50 seats)
|
$375.00
|
|
Milk license (set by State Statute)
|
$5.00
|
|
Mobile food license
|
$75.00
|
|
Food vending machines
|
$50.00
|
|
Temporary retail food operations (24 hours only)
|
$75.00
|
|
Temporary license annual license for multi-day events
|
$125.00
|
|
Farmer's Market
|
$125.00
|
|
Prepackaged foods only; no food preparation; no seating
|
$75.00
|
|
Nonprofit organizations must obtain a license annually. The
fee may be waived on application to the Board for a waiver of the
licensing fee based on nonprofit status.
|
c.
There is hereby established a fee for re-inspection of any retail
food establishment receiving a posting of Conditionally Satisfactory
or Unsatisfactory in the amount of one hundred ($100.00) dollars (first
Conditionally Satisfactory or Unsatisfactory posting); two hundred
($200) dollars (second consecutive Conditionally Satisfactory or Unsatisfactory
posting); three hundred ($300.00) dollars and mandatory Board Hearing
(third consecutive Conditionally Satisfactory or Unsatisfactory posting).
Anytime the retail food establishment receives a Conditionally Satisfactory
or Unsatisfactory posting based on the re-inspection, there shall
be an additional fee of one hundred fifty ($150.00) dollars.
This is in recognition of the fact that repeated, "Conditionally
Satisfactory, and "Unsatisfactory" rating represent a hazard to the
public health and repeat inspections are costly. The repeat inspections
and cost reimbursement fees shall not in any way preclude, preempt,
interfere with or be a substitute for legal action in the courts or
before the Board of Health to assure correction of the violations.
Such fees are in addition to the annual license fee and shall not
be considered penalties, but such fees shall be charged and shall
be paid to offset the costs and expenses of such reinspection by the
Board of Health. The Board of Health or its designated agent shall
retain the right to close, in its discretion, any establishment that
has maintained a Conditionally Satisfactory posting for thirty (30)
or more consecutive days.
d.
The cost of laboratory tests required because of a complaint or suspected
food illness or a retest required because of unsatisfactory results
on the prior test shall be assessed to the retail food establishment
or added onto the annual license fee. This is in recognition that
the food establishment license fees established by this code are not
adequate to cover additional costs incurred by the regulatory agency
as a result of such tests.
e.
Licenses issued under the provisions of this Article, unless sooner
forfeited or revoked by this Board, shall expire annually on the 31st
day of December of each year. A late fee of fifty ($50.00) dollars
per month shall be assessed for each month or portion thereof a license
is renewed after January 31st.
f.
New food establishments licensed on or after July 1st through December
31st, shall pay one-half (1/2) of the annual fee for a license to
operate.
g.
A license may be suspended or revoked for a violation by the holder
of any provisions of this Article or chapter after an opportunity
for a hearing by this Board or its authorized representative.
h.
No license is transferable by sale or otherwise.
i.
Such license shall be posted in a conspicuous place in such establishment
or, if an itinerant establishment, shall be readily available for
display.
j.
All fees for licenses shall be paid to the Board of Health.
k.
Food vendors shall apply and pay for a retail food license no later than five (5) business days prior to the event where they are selling food and/or beverages. If the Registered Environmental Health Specialist grants the licensure after review of the application, observance of Chapter 24 New Jersey State Sanitary Code, N.J.A.C. 8:24, shall be strictly upheld and enforced. The operation shall be subject to inspection at any time.
l.
At any time during a temporary event that a vendor is found to be
in violation of a local or State ordinance, the Local Board of Health,
or its authorized agent has the authority to enforce the vendor to
leave the premises.
m.
All licensed retail food establishments and vendors must abide by
the regulations set forth in the New Jersey State Sanitary Code, N.J.A.C.
8:24.
The enforcing official may take and examine samples of food,
drink and other substances in accordance with the "Sanitation in Retail
Food Establishments & Food & Beverage Vending Machines" N.J.A.C.
8:24 et seq.
The enforcing official shall inspect every retail food-handling
establishment in accordance with the "Sanitation in Retail Food Establishments
& Food & Beverage Vending Machines" N.J.A.C. 8:24 et seq.
Retail food-handling establishments shall comply with the rules
and regulations as set forth in the "Sanitation in Retail Food Establishments
& Food & Beverage Vending Machines" N.J.A.C. 8:24 et seq.
Refer to the "Sanitation in Retail Food Establishments &
Food & Beverage Vending Machines" N.J.A.C. 8:24 et seq.
Refer to the "Sanitation in Retail Food Establishments &
Food & Beverage Vending Machines" N.J.A.C. 8:24 et seq.
a.
FOOD
FOOD HANDLER'S CERTIFICATION
SUPERVISOR
Definitions. As used in this section, the following terms shall have
the meanings indicated:
Shall mean and include any substance used or intended to
be used as food or drink for human consumption.
Shall mean a certificate issued by the Board of Health of
Roselle Park or any other agency recognized by the Board of Health
of Roselle Park.
Shall mean any person charged with the responsibility of
overseeing the operations, including the supervision of employees
engaged in the preparing, processing and sale of food or drink intended
for human consumption, be it for on- or off-premises consumption.
b.
Certificate Required.
1.
No establishment shall be open for business in the preparing, processing
and sale of food or drink intended for human consumption without having
a supervisor on the premises who has a food handler's certificate.
2.
In the event that such establishment operates twenty-four (24) hours
a day, at least one (1) person on each shift shall complete the aforesaid
course.
3.
The food handler's certificate shall not be issued or granted to
any person unless the person seeking such food handler's certificate
shall have first completed an approved course of general instruction
in health education, sanitation, personal hygiene, food protection,
dishwashing procedures and other related health matters.
c.
Application for Certificate; Course.
1.
No establishment shall operate for more than ninety (90) days without
the supervisors employed in that establishment applying for a food
handler's certificate.
2.
No establishment shall operate for more than six (6) months without
the supervisors employed in that establishment completing an approved
course of instruction in food-handling techniques.
d.
No person to whom a food handler's certificate is issued or granted
shall give, loan, transfer or permit the same to be used by any other
person, for any purpose whatsoever.
No person in charge of or in control of any park, playground,
railroad station, theater, hotel, boardinghouse, factory or any other
public place shall furnish or permit any common drinking cup or utensil
to be used.
