Prior ordinance history includes portions of Ordinance
Nos. BOH-2001-03 and 2005-BOH-04.
[Ord. No. 2012-BOH-01 § 1]
Chapter BH2 shall be entitled "Retail Foods Establishment and Food and Beverage Machines," and pursuant to the New Jersey Statutes Annotated 26:1A through 26:1A-7 et seq. there is adopted Chapter 8:24-1.1 through 8:24-10.2 of the New Jersey Administrative Code and the supplements and additions thereto.
[Ord. No. 2012-BOH-01 § 2]
No person shall operate a retail food establishment or food
and beverage machine unless a license to operate the same shall have
been issued by the Department of Health. Such license shall be posted
in a conspicuous place in such establishments.
[Ord. No. 2012-BOH-01 § 3]
There shall be a fee established for a license or license approval
issued pursuant to this chapter. Retail food establishment licenses
and associated fees shall be defined as follows:
a.
Risk Type 1 food establishment shall mean any retail food establishment
that:
1.
Serves or sells only prepackaged, nonpotentially hazardous foods;
2.
Prepares only nonpotentially hazardous foods; or
3.
Heats only commercially processed, potentially hazardous foods for
hot holding and does not cool potentially hazardous foods. Such retail
establishments may include, but are not limited to, convenience store
operations, hot dog carts, and coffee shops.
Annual Fee: $100.
b.
Risk Type 2 food establishment shall mean any retail food establishment
that has a limited menu; and
1.
Prepare, cooks, and serves most products immediately;
2.
Exercises hot and cold holding of potentially hazardous foods after
preparation or cooking; or
3.
Limits the complex preparation of potentially hazardous foods including
the cooking, cooling, and reheating for hot holding, to two or fewer
items. Such retail establishments may include, but are not limited
to, retail food store operations, schools that do not serve a highly
susceptible population, and quick service operations, depending on
the menu and preparation procedures.
Annual Fee: $200.
c.
Risk Type 3 food establishment shall mean any retail food establishment
that:
1.
Has an extensive menu which requires the handling of raw ingredients;
and is involved in the complex preparation of menu items that includes
the cooking, cooling, and reheating of at least three or more potentially
hazardous foods; or
2.
Prepares and serves potentially hazardous foods including the extensive
handling of raw ingredients; and whose primary service population
is a highly susceptible population. Such establishments may include,
but are not limited to, full service restaurants, diners, commissaries,
and catering operations; or hospitals, nursing homes, and preschools
preparing and serving potentially hazardous foods.
Annual Fee: $400.
d.
Risk Type 4 food establishment shall mean a retail food establishment
that conducts specialized process such as smoking, curing, canning,
bottling, acidification designed to control pathogen proliferation,
or any reduced oxygen packaging intended for extended shelf-life where
such activities may require the assistance of a trained food technologist.
Such establishments include those establishments conducing specialized
processing at retail.
Annual Fee: $400.
e.
Mobile Food and Drink shall mean any motor vehicle or any vehicle
cart, or bicycle of any kind including hand carried portable containers,
in which food or drink is transported, stored or prepared at temporary
locations.
Annual Fee: $100.
f.
Temporary retail food establishment shall mean any food establishment
which operates at a fixed location for a temporary period of time
not to exceed seven days in connection with a fair, carnival, circus,
public exhibition or similar organizational meeting, mobile retail
food establishments as well as agricultural markets.
Annual Fee: $50.
g.
Vending machine shall mean any self-service device which, upon insertion
of a coin, paper currency, token, card, key or by any other means,
dispenses unit servings of food, either in bulk or in packages without
the necessity of replenishing the device between each vending operation.
Annual Fee:
|
Prepackaged only
|
$20
|
|
Gum-ball
|
$5
|
|
All other
|
$40
|
NONPROFIT – Shall mean any food establishment
which has been provided with a Federal Internal Revenue Service Tax
Exemption number and prepares or handles food and drink and serves
to the general public, and, any school food establishment operated
by employees of a Board of Education.
Annual Fee: $0.
[Ord. No. 2012-BOH-01 § 4]
Licenses issued pursuant to this chapter shall expire annually
on December 31 of each year, and the fee therefor shall not be prorated
from the date of issuance. Applications for renewal thereof shall
be submitted, together with the required fee, prior to December 15
of each year.
[Ord. No. 2012-BOH-01 § 5]
Licenses issued pursuant to this chapter shall not be transferable,
nor shall they be construed as authorizing the licensee or licensees
to carry on the business at any place other than that specified in
the license itself.
[Ord. No. 2012-BOH-01 § 7]
Licenses issued pursuant to this chapter may be revoked by the
Board of Health for any good or sufficient reason, provided that due
notice thereof shall be given to the licensee, and a hearing held
before the Board of Health, at which time an opportunity shall be
afforded the licensee to show cause why the license should not be
revoked.
[Ord. No. 2012-BOH-01 § 8]
Any person engaged or employed in the business or service or
preparing, processing or serving food or drink intended for human
consumption at Risk Type 2, 3, or 4 food establishments shall apply
to the Bloomingdale Borough Health Department within seven days of
the commencement of his said employment for a food handler's
certificate. Applicants will be required to attend the next regularly
scheduled food handlers' training course given by the Borough's
Health Department or a comparable course approved by the Borough Health
Department. Existing employees shall have six months from enactment
of this chapter (adopted March 5, 2012) to attain a food handler's
certificate.
[Ord. No. 2012-BOH-01 § 9]
The food handler's certificate shall not be issued or granted
to any person unless the person seeking such food handler's certificate
shall have first completed a course of general instruction in health
education, sanitation, personal hygiene, food protection, dishwashing
procedures and other related health matters.
[Ord. No. 2012-BOH-01 § 10]
All employers engaged in the business or service of preparing
and processing food intended for human consumption shall at all times
keep and maintain accurate records of the name and address of each
employee, date of employment and date of issuance and certificate
number of said food handler's certificate, which records shall
be available at all times for inspection by the Health Officer or
his duly authorized representatives.
[Ord. No. 2012-BOH-01 § 11]
No employer shall continue to employ any person in connection with the preparation, processing or service of food and drink intended for human consumption at a retail level unless the person so employed shall have applied for and obtained a food handler's certificate within the period as specified in subsection BH2-7.1.
[Ord. No. 2012-BOH-01 § 12]
All food handler's certificates shall be renewed every two years after completion of a food handler's course as identified in subsection BH2-7.1.
[Ord. No. 2012-BOH-01 § 3]
The requirement for a food handler's certificate shall
not apply to: a temporary retail food establishment; any employee
who is a Certified Food Protection Manager as recognized by the Conference
for Food Protection; or, persons engaging in food handler's activities
on behalf of nonprofit institutions, churches or other charitable
organizations unless the said food handling activities are conducted
on a regular basis.
[Ord. No. 2012-BOH-01 § 14]
[Ord. No. 2012-BOH-01 § 14]
Any person or persons, firm or corporation violating any of
the provision of or order promulgated under this chapter shall, upon
conviction thereof, pay a penalty of not less than $100 nor more than
$1,000. Each day a particular violation continues shall constitute
a separate offense.
[Ord. No. 2012-BOH-01 § 14]
All ordinances or parts of ordinances, which are inconsistent
herewith, are hereby repealed to the extent of such inconsistency.
If any section or provision of this chapter shall be held invalid
in any Court of competent jurisdiction, the same shall not affect
the other sections or provisions of this chapter, except so far as
the section or provision so declared invalid shall be inseparable
from the remainder or any portion thereof.
[Ord. No. 2014-BOH-01]
Every establishment must post the most current Evaluation Placard
according to the following requirements:
The Evaluation Placard must be posted in one of the following
prominent locations clearly visible to the patron:
a.
The main entrance door from four to six feet off the ground or floor;
b.
A front window within five feet of the main entrance;
c.
A display case mounted on the outside wall within five feet of the
main entrance.
d.
If there is no direct entrance to the street, the Health Department
shall determine an appropriate posting location in prominent public
viewing.
