Retail Food Establishment Training Regulation.
MOBILE RETAIL FOOD ESTABLISHMENT
Any movable restaurant, truck, van, trailer, cart, bicycle,
watercraft, or other movable unit including hand carried, portable
containers in or on which food or beverage is transported, stored,
or prepared for retail sale or given away at temporary locations.
POTENTIALLY HAZARDOUS FOOD
Any food which consists in whole or in part of milk or milk
products, eggs, meat, poultry, fish, shellfish, edible crustacea,
raw seed sprouts, heat treated vegetables and vegetable products,
or other ingredients, including synthetic ingredients, in a form capable
of supporting rapid and progressive growth of infectious or toxigenic
microorganisms, or the slower growth of C. botulinum. The term does
not include foods which have a pH level of 4.6 or below or a water
activity (aw) value of 0.85 or less.
RETAIL FOOD ESTABLISHMENT
Any fixed or mobile restaurant; coffee shop; cafeteria; short-order
cafe; luncheonette; grill; tearoom; sandwich shop; soda fountain;
tavern; bar; cocktail lounge; night-club; roadside stand; industrial
feeding establishment; private, public, or nonprofit organization,
institution, or group preparing, storing or serving food; catering
kitchen; commissary; box lunch establishment; retail bakery; meat
market; delicatessen; grocery store; public food market, or any similar
place in which food or drink is prepared for retail sale or service
on the premises or elsewhere, and any other retail eating or drinking
establishment or operation where food is served, handled or provided
for the public with or without charge; except that agricultural markets,
covered dish suppers or similar type of infrequent church or nonprofit
type institution meal services shall meet the special provisions of
N.J.A.C. 8:24-8; provided further, that bed-and-breakfast and community
residences, as defined, meet the provisions of N.J.A.C. 8:24-13.
TEMPORARY RETAIL FOOD ESTABLISHMENT
Any retail food establishment which operates at a fixed location
for a temporary period of time in connection with a fair, carnival,
circus, public exhibition, or similar transitory gathering, including
church suppers, picnics, or similar organizational meetings, mobile
retail food establishments, as well as agricultural markets.
No retail food establishment, fixed, temporary, or mobile, shall
serve potentially hazardous food products within the Township of Monroe
unless and until one or more supervisory personnel are certified in
food safety and sanitation at least once every three years through
a course of instruction approved by the State Department of Health.
Organizations or groups which hold periodic gatherings and meals should
have a responsible officer of the group certified in food safety.
It shall be the responsibility of the owner, operator, or supervisory
personnel in immediate charge of the establishment to provide proof
of such program completion to the satisfaction of any authorized sanitary
inspector requesting same.
In addition to the other actions authorized by the New Jersey
State Sanitary Code, the authorized sanitary inspector is hereby authorized
to file a summons and complaint against any establishment which does
not meet the requirements hereof. Said complaint shall be in the name
of the Township of Monroe, and shall be returnable before, and be
under the authority and jurisdiction of the Municipal Court of the
Township of Monroe.
The owner, operator, or person in immediate charge of a temporary
or mobile retail food establishment who is unable, upon request of
an authorized sanitary inspector, to reasonably and satisfactorily
establish attendance and successful completion of an approved food
handlers training program, as defined herein, shall, upon a finding
of guilt, be subject to a fine not to exceed $250. Upon a second conviction
hereunder, the defendant shall be subject to a fine not to exceed
$500. Upon a third or subsequent conviction the defendant shall be
subject to a fine not to exceed $750 and imprisonment for a term not
to exceed five days.
If any section, paragraph, subdivision, clause or provision
of this chapter shall be adjudged invalid, such adjudication shall
apply only to the section, paragraph, subdivision, clause or provision
so adjudged and the remainder of the chapter shall be deemed valid
and effective.
The Clerk is hereby authorized and directed to forward a certified
copy of this chapter to the New Jersey State Department of Health
and the Department of Public Health, County of Middlesex, New Jersey
for approval.
This chapter shall become effective as of November 1, 1994.