[Ord. 12/13/65, S 1]
A code regulating retail food establishments and fixing penalties
for violations is hereby established pursuant to N.J.S.A. 26:3-69.1
to 69.6. A copy of the code is annexed hereto and made a part hereof
without the inclusion of the text thereof herein.
[Ord. 12/13/65, S 2; Ord. No. 2014-01 S 2]
The code established and adopted by this chapter is described
and commonly known as New Jersey Sanitary Code, Chapter 24, "Sanitation
in Retail Food Establishments and Food and Beverage Vending Machines"
(2007).
[Ord. 12/13/65, S 3; Ord. No. 2014-01 S 2]
Three copies of the said New Jersey Sanitary Code, 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 this local board of health and will remain on file for the use
and examination of the public.
[Ord. 12/13/65, S 4]
[Ord. 12/13/65, S 1; Ord. BH:95-1, S 1; Ord.
2014-01 S 1]
a.
No person shall conduct a retail food establishment (as defined in
and governed by the New Jersey State Sanitary Code, Chapter 24, Sanitation
in Retail Food Establishments and Food and Beverage Vending Machines)
in the Township of Bedminster, Somerset County, New Jersey, without
first having procured a license from the Bedminster Board of Health
or without complying with any or all of the provisions concerning
operation and maintenance of such as contained in the New Jersey Sanitation
Code, Chapter 24, Sanitation in Retail Food Establishments and Food
and Beverage Vending Machines.[1]
[1]
Editor's Note: See N.J.A.C. 8:24-1.1 et seq., Retail
Food Establishments and Food and Beverage Vending Machines.
b.
No license shall be issued to a retail food establishment until it
has passed a preopening inspection by the health officer or other
designated agent of the Bedminster Board of Health.
c.
When retail food inspections are conducted, the following grading
system shall apply:
1.
"A" shall mean that the retail food establishment is found to be
operating in substantial compliance with all local and state codes
and regulations.
2.
"B" shall mean that the retail food establishment is found to be
operating in acceptable compliance with all state codes and regulations.
3.
"C" shall mean receiving a conditionally satisfactory inspection,
with three or more critical violations requiring correction and reinspection.
If the food establishment grade is "C" Conditionally Satisfactory,
upon subsequent correction of violations and reinspection, the establishment
can receive a grade of no higher than "B" Satisfactory until the next
routine inspection.
4.
An "unsatisfactory" rating shall mean that the retail food establishment
is operating with one or more violations that constitute gross unsanitary
or public health hazards.
5.
The assignment of grades shall be determined by a 100-point system
in which violations are assigned a point value which is deducted from
the starting value of 100 points. Violation points are weighted based
on whether they are critical items, noncritical items, or public health
hazards. The grades are as follows:
|
Rating
|
Grade
|
|---|---|
|
Satisfactory — A
|
90-100
|
|
Satisfactory — B
|
86-89
|
|
Conditional Satisfactory — C
|
61-85
|
|
Unsatisfactory
|
<61 or Uncorrected Public Health Hazard.
|
d.
Inspections shall be performed annually, except that reinspections
shall be performed where retail food establishment receives a grade
of less than "B" Satisfactory.
e.
A retail food establishment may be inspected more than once annually
if the health officer or other designated agent of the Board of Health
deems it appropriate.
f.
The retail food inspection evaluation placard shall be posted immediately
in a conspicuous place near the public entrance of the establishment
in such a manner that the public may view the placard.
[Ord. 4/2/70, S 1; Ord. 3/17/88, S 1; Ord.
BH:94-03, S 1; Ord. BH:01-02, S 1; Ord. #2010-01, S 1]
The fees for licenses under this section shall be as follows
and shall cover the period of July 1 until June 30th of the following
year:
|
Class
|
Type
|
Fee
|
|---|---|---|
|
1
|
School Cafeteria
|
$100.00
|
|
Nonprofit Organization
|
None
| |
|
2
|
Catering Mobile
|
$100.00
|
|
Mobile Food Establishment
|
$100.00
| |
|
Mobile Food Establishment
(Frozen dessert)
|
$100.00
| |
|
3
|
Grocery Store
|
$175.00
|
|
Meat, Fish and/or Poultry
|
$200.00
| |
|
Market and Butcher Shop
|
$200.00
| |
|
4
|
Cocktail Lounge, Tavern Bar or Night Club
|
$175.00
|
|
Deli
|
$150.00
| |
|
Frozen Dessert
|
$150.00
| |
|
Milk-Retail Store
|
$150.00
| |
|
5
|
Industrial Feeding
(Under 100 seating)
|
$250.00
|
|
Restaurant (100 below seating)
|
$250.00
| |
|
Retail Bakery
|
$200.00
| |
|
Camps (Day and Resident)
|
$150.00
| |
|
Convalescent and Nursing Home
|
$200.00
| |
|
6
|
Industrial Feeding (over 100 seating)
|
$400.00
|
|
Restaurant (over 100 seating)
|
$400.00
| |
|
Supermarkets
|
$400.00
| |
|
7
|
Temporary/Mobile
|
$150.00
|
|
Tanning Salon
|
$200.00
| |
|
Tattoos
|
$200.00
|
[Ord. BH:01-02, S 1; Ord.
#2010-01, S 2]
b.
Reinspection must be completed within a specified time set by the
environmental health specialist at the time of the initial inspection.
c.
The reinspection fee shall be paid before any reinspection will be
conducted for any food establishment failing to receive a satisfactory
rating from the health department.
[Ord. BH:04-02]
A fee in the amount of double the annual license fee shall be
paid in addition to the annual license fee as set forth in BH2-2.2
for failure to renew a retail food establishment license by June 30.
a.
This shall be in addition to any other penalties provided for under
the ordinances of the board of health of the Township of Bedminster.
[Ord. 12/13/65, S 3; Ord.
#2014-1 S 2]
Any license issued under the terms and provisions of this chapter
may be suspended or revoked by the Bedminster Township Board of Health
for the violation by the licensee of any provision of this chapter
or the New Jersey Sanitary Code, 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 Bedminster Township, or that the person or persons conducting the
retail food establishment is 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 for which the license was issued.
[Ord. 12/13/65, S 3]
A license issued under the terms and provisions of this ordinance
shall not be revoked, cancelled 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 the 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.
[Ord. 12/13/65, S 3]
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 with
Bedminster Township unless the application for such license shall
be approved by the board of health.
[Ord. #2014-1 S 3]
As a condition of licensing, each establishment where food is
prepared, handled or packaged must have on the premises at least one
person who has successfully completed a basic food handler's
program at all times during which the establishment is in operation.
Acceptable food handler's programs include those offered by the
Somerset County Department of Health or other provider approved by
the health officer, or a similar approved program offered within the
State of New Jersey. Said training shall be valid for a period of
three years. A copy of all current certificates of course completion
shall be maintained on site and be available to the health officer
on request.
[Ord. 12/13/65, S 4]
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.
