[1972 Code § 153-1]
Regulations pertaining to sanitation in retail food establishments
and food and beverage vending machines and fixing penalties for violations
are hereby established pursuant to N.J.S.A. 26:3-69.1 to 3-69.6. A
copy of said regulations are annexed hereto and made a part hereof
without the inclusion of the text thereof herein.
[1972 Code § 153-2]
The regulations established and adopted by this chapter are described and commonly known as Chapter 24, "Sanitation in Retail Food Establishments and Food and Beverage Vending Machines." (N.J.A.C. 8:24-1.1 et seq.)
[1972 Code § 153-3]
Three copies of N.J.A.C. Title 8, Chapter 24, "Sanitation in Retail Food Establishments and Food and Beverage Vending Machines," have been placed on file in the office of the Secretary of the Board of Health upon the introduction of this chapter and shall remain on file there until final action is taken on this chapter for use and examination by the public.
[1972 Code § 153-4.1; N.J.A.C. 8:24-2.1]
a.
The operator shall be the person in charge or shall designate a person
in charge and shall ensure that a person in charge is present at the
retail food establishment during all hours of operation.
b.
Based on the risks of foodborne illness inherent to the food operation,
during inspections and upon request, the person in charge shall demonstrate
to the Health Officer knowledge of foodborne disease prevention, application
of the Hazard Analysis Critical Control Point (HACCP) principles,
and the requirements of N.J.A.C. 8:24. The person in charge shall
demonstrate this knowledge by substantial compliance with N.J.A.C.
8:24. At least one person in charge in Risk Type 3 Food Establishments
shall be a certified food protection manager who has shown proficiency
of required information through obtaining a food safety certificate.
[1972 Code § 153-4.2; N.J.A.C. 8:24-8.9; N.J.S.A.
26:1A-10]
Any person who violates any provision of, or order promulgated
under N.J.A.C. 8:24, 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.
[1972 Code § 153-5]
a.
It shall be unlawful for any person or body corporate to conduct a retail food establishment as defined in and governed by N.J.A.C. 8:24, without first having procured a license from the Board of Health or without complying with any or all of the provisions concerning operation and maintenance of the same as contained in Chapter 24, "Sanitation in Retail Food Establishments and Food and Beverage Vending Machines." (N.J.A.C. 8:24)
b.
Investigation and Inspection.
1.
The Board of Health shall conduct such investigation to protect the
public health and, if the results of the investigation are satisfactory,
shall issue the license to operate as a retail food establishment
upon receipt of payment.
2.
Every restaurant, food establishment or other business connected
with the manufacture, sale or handling of ice, dairy products, food
or drinks shall meet the requirements of N.J.A.C. 8:24-5.1, Water.
[1972 Code § 153-6; Ord. No. BH 2001/01]
a.
INCIDENTAL FOOD HANDLER BUSINESS
RETAIL FOOD DELIVERY SERVICE
RETAIL FOOD ESTABLISHMENTS
Definitions. As used in this chapter:
Shall mean retail establishments that sell or serve prepackaged
foods, only, that are incidental to another business. Incidental food
handler business is an establishment that shall include, but not be
limited to, florists, liquor stores, pharmacies, video stores, voluntary
or nonprofit organizations, card shop, or any other non-food business
that sells prepackaged food or drink.
Shall mean an independent business not associated with a
licensed food establishment which delivers prepackaged food from any
licensed food establishment. Retail food delivery services shall fall
under the same regulations as incidental food handler businesses.
Shall mean any fixed or mobile place in which food or drink
is prepared, served, handled or provided for the public, with or without
charge, as defined in N.J.A.C. 8:24-1.5.
b.
Fees for an annual license of a retail food establishment, food operation, vending machine and inspections shall be as stated in Chapter BH15, Board of Health Fees.
c.
The annual license fee for incidental food handler and retail delivery service business shall be as stated in Chapter BH15, Board of Health Fees.
d.
The annual license fees shall be due on April 1 of each year. The late fee for failure to renew or obtain any license to operate any business licensed or regulated by the Board of Health and for failure to pay all required fees shall be as stated in Chapter BH15, Board of Health Fees. A 30 day grace period shall be granted and the commencement date of the late fee shall be as of May 1 of each year. This fee is not a penalty, but in recognition of the fact that it costs the Board of Health additional expense to notify delinquent licensees, to keep additional records, for collection costs, and to telephone or personally send a representative to remind the licensee that the fee has not been paid. The provisions herein shall also apply to any business where a Board of Health license is required, the ownership is changed and the new owners fail to obtain or file for a license. This late fee is also in recognition of the fact that unlicensed establishments that should be regulated and inspected by the Board of Health can represent a public health hazard.
e.
In the event an initial periodic inspection shall result in a finding or rating other than "satisfactory," requiring a reinspection by the Board of Health, the licensee shall pay a fee as stated in Chapter BH15, Board of Health Fees for each and every reinspection that results in a rating other than "satisfactory" during the licensing year. In addition, 10 days after the "conditional" reinspection, the licensee shall be subject to daily inspections and shall pay a fee as stated in BH15-4g per day to cover the cost of the daily inspection. This is in recognition of the fact that repeated "conditional" ratings represent a hazard to the public health and repeat inspections are costly. The repeat inspections and cost reimbursement fee shall not in any way preclude, preempt, interfere or be a substitute for legal action in the courts to assure correction of the violations. This fee shall not apply to the initial inspection but to each and every reinspection, and shall be assessed on a daily basis starting 10 days after the second "conditional" inspection. 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 off-set the costs and expenses of such reinspection by the Board of Health.
f.
The cost of laboratory tests required because of a complaint or a
suspect food poisoning, or a retest required because of unsatisfactory
results on a prior test shall be assessed and paid by the licensee.
g.
All new food establishments licensed on or after January 1 but before
the April 1 renewal date, shall pay 1/2 of the annual fee for the
license to operate until April 1.
[1972 Code § 153-7]
a.
Any license issued under the terms and provisions of this chapter may be suspended or revoked by the Board of Health for the violation by the licensee of any provision of this chapter or of N.J.A.C. Title 8, Chapter 24, "Sanitation in Retail Food Establishments and Food and Beverage Vending Machines;" or whenever it shall appear that the business, trade, calling, profession or occupation of the person, firm or corporation to whom such license was issued is conducted in a disorderly or improper manner or in violation of any law of the United States, the State of New Jersey or any ordinance of the Borough of Watchung; or that the person or persons conducting the retail food establishment are of an unfit character to conduct the same; or that the purpose for which the license has been issued is being abused to the detriment of the public or is being used for a purpose foreign to that which the license was issued.
b.
A license issued under the terms and provisions of this chapter shall
not be revoked, canceled or suspended until a hearing thereon shall
have been had by the Board of Health. Written notice of the time and
place of such hearing shall be served upon the licensee at least three
days prior to the date set for such hearing. Such notice shall also
contain a brief statement of the grounds to be relied upon for revoking,
canceling or suspending such license. Notice may be given either by
personal delivery thereof to the person to be notified or be deposited
in the United States Post Office in a sealed envelope, postage prepaid,
addressed to such person to be notified at the business address appearing
upon said license. At the hearing before the Board of Health, the
person aggrieved shall have an opportunity to answer and may thereafter
be heard, and, upon due consideration and deliberation by the Board
of Health, the complaint may be dismissed, or, if the Board of Health
concludes that the charges have been sustained and substantiated,
it may revoke, cancel or suspend the license held by the licensee.
c.
If any such license shall have been revoked, neither the holder thereof
nor any person acting for him, directly or indirectly, shall be entitled
to another license to carry on the same business within the Borough
unless the application for such license shall be approved by the Board
of Health.
[1972 Code § 153-8]
No provision or this section shall be applied so as to impose
any unlawful burden on either interstate commerce or any activity
of the State or Federal government.
[1972 Code § 153-9]
Any person who violates any provision of or order promulgated under this Section BH3-5 shall, upon conviction thereof, be liable to a penalty of not less than $50 nor more than $500 for each violation. Each day a particular violation continues shall constitute a separate offense.
