Town of Secaucus, NJ
Hudson County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Health of the Town of Secaucus 12-22-87. Prior source: Article I, 1-19-70; Article II, 1-19-70. Other amendments noted where applicable.]
The purpose and intent of this chapter is to establish regulations governing the operation of food and beverage vending machines in the Town of Secaucus.
As used in this chapter, the following terms shall have the meanings indicated:
BULK FOOD
A food which when dispensed to the customer is not packaged, wrapped or otherwise enclosed.
CONTROLLED LOCATION VENDING MACHINE (limited service vending machine)
A vending machine which:
A. 
Dispenses only nonpotentially hazardous food; and
B. 
Is of such design that it can be filled and maintained in sanitary manner by untrained persons at the locations; and
C. 
Is intended for and used at locations in which protection is assured against environmental contamination.
EMPLOYEE
The individual having supervisory or management duties and any other person who handles any food to be dispensed through vending machines, or who comes into contact with food contact surfaces or containers.
EQUIPMENT
Vending machines, ovens, tables, counters, sinks, and similar items, other than utensils used in vending operations.
FOOD
Any raw, cooked, processed edible substance, water, ice, beverage or ingredient used or intended for use for sale in whole or in part for human consumption.
HEALTH AUTHORITY
The duly licensed agent of the local board of health and or State Department of Health to act in the enforcement of its ordinances and sanitary laws of the state.
LAW
Federal, state and local statutes, ordinances, and regulations.
OPERATOR
Any person, who by contract, agreement, or ownership, takes responsibility for furnishing, installing, servicing, operating or maintaining one or more vending machines.
PACKAGES
Bottled, canned, cartoned or securely wrapped.
PERSON
An individual, or a firm, partnership, company, corporation, trustee, association or any public, private or other legal entity.
POTENTIALLY HAZARDOUS FOOD
Any food that consists in whole or in part of milk, milk products, eggs, meat, poultry, fish, shellfish, edible crustacea or other ingredients including synthetic ingredients, which is in a form capable of supporting rapid and progressive growth of infectious or toxigenic microorganisms.
VENDING MACHINE
Any self-service device which, upon insertion of a coin, paper currency, token, card or key, dispenses unit servings of food, either in bulk or in packages, without the necessity of replenishing the device between each vending operation. It shall also include self-service dispensers equipped for coin, paper currency, token, card or key operation and optional manual operation. Unless otherwise stated, vending machine includes controlled location vending machines.
A. 
Controlled location vending machines which dispense only hermetically sealed containers of nonperishable beverages are exempt from licensure, but not from the sanitation requirements of this chapter.
B. 
Food offered for sale through vending machines shall be sound and free from spoilage, filth or other contamination and shall be safe for human consumption. Food shall be obtained from sources that comply with all laws relating to foods and food labeling.
C. 
At all times, including preparation, storage, loading or transportation, food intended for sale through vending machines shall be protected from contamination by all agents, including dust, insects, rodents, unclean equipment and utensils, unnecessary handling, flooding, overhead leakage or poisonous or toxic materials from any source.
D. 
Potentially hazardous foods shall not be dispensed from bulk food machines.
E. 
Vending machines dispensing potentially hazardous foods shall be maintained at safe temperatures during preparation, packaging, loading and dispensing.
F. 
The Health Authority may impose such stipulations and requirements as necessary on the dispensing of foods to protect the health and well being of the consumer.
It shall be unlawful for any person, whether as principal or agent, clerk or employee, either for himself or any other person, or for any body corporate, or as an officer of any corporation, or otherwise to:
A. 
Engage in the operation of one or more machines or devices offered for public use which, upon insertion of a coin, coins or token, or by other means, dispenses unit servings of food or beverages, either in bulk or package, without the necessity of replenishing the devices between each vending operation, without first having applied to and procured a permit from the Board of Health of this municipality so to do, or without complying with any and all of the provisions of the State Sanitary Code, Chapter Twelve, Subchapter 11.
B. 
Maintain or permit to be maintained, on or in any location in this municipality, one or more machines or devices offered for public use which, upon insertion of a coin, coins or token, or by other means, dispenses unit servings of food or beverages, either in bulk or package, without the necessity of replenishing the devices between each vending operation, without first having applied to and procured a license for each such machine or device from the Board of Health of this municipality or without complying with any and all of the provisions of the State Sanitary Code, Chapter Twelve, Subchapter 11.
The fees for licenses as required by Section 142-4 above, for the purpose of raising revenues for regulation and control, to be paid annually to this municipality are hereby fixed as follows:
A. 
License fee, $25 per machine, per year.
[Amended by the Governing Body 3-8-11 by Ord. No. 2011-5]
B. 
All licenses issued under authority of this chapter shall expire on the 31st day of December each year.
C. 
License fees shall be paid to the Board of Health.
Application for and issuance of the permits and licenses referred to in Section 142-4 above shall be made in conformity with the provisions of the State Sanitary Code, Chapter Twelve. Such licenses are not transferable.
Licenses issued under authority of this chapter may be suspended, revoked or reinstated by the Board of Health as provided by law.
No provision of this chapter shall be applied so as to impose any unlawful burden on either interstate commerce or any activity of the state or federal government.
[Amended 5-18-15 by Ord. BOH 2015-1]
The continuation of such violation for each successive day shall constitute a separate offense, and the person or persons allowing or permitting the continuance of the violation may be punished as provided above for each separate offense. Any person violating or failing to comply with any of the provisions of this chapter shall, upon conviction thereof, be punishable by a fine as follows:
A. 
First offense: $100.
B. 
Second offense: $300.
C. 
Third and subsequent offense: $500 (said offense requires a review meeting with the Board of Health).
This fine shall in no way limit the licensees culpability for compliance with the other provisions of the licensing ordinance.