[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:
A food which when dispensed to the customer is not packaged,
wrapped or otherwise enclosed.
A vending machine which:
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.
Vending machines, ovens, tables, counters, sinks, and similar
items, other than utensils used in vending operations.
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.
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.
Federal, state and local statutes, ordinances, and regulations.
Any person, who by contract, agreement, or ownership, takes
responsibility for furnishing, installing, servicing, operating or
maintaining one or more vending machines.
Bottled, canned, cartoned or securely wrapped.
An individual, or a firm, partnership, company, corporation,
trustee, association or any public, private or other legal entity.
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.
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.Â
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.Â
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.Â
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.Â
Potentially hazardous foods shall not be dispensed from bulk food
machines.
E.Â
Vending machines dispensing potentially hazardous foods shall be
maintained at safe temperatures during preparation, packaging, loading
and dispensing.
F.Â
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.Â
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.Â
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:
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:
