A. 
This article applies to the manufacture, production, packing, possession, exposure, offer for sale, dispensing or giving away of any article of food or beverages.
B. 
No person, corporation, trust or the agents thereof shall engage in the manufacture, production, packing, dispensing, distribution, exposure or offering for sale any food or beverage without first having obtained from the Board a license to do so. For related fees, see § 457-9.
[Amended at time of adoption of Code by the Board of Health (see Ch. 405, General Provisions, Board of Health, Art. I)]
For the purpose of this chapter, food or beverages shall be deemed adulterated if either of them falls within the definition, construction, context, intent or meaning of Title 24 of the Revised Statutes of New Jersey, or any amendments or supplements thereof.
A. 
No person shall manufacture, expose for sale, offer for sale, sell, use or keep any food or beverages for human use or consumption which has been exposed to any contamination or infection from any communicable disease, or is believed to have been exposed to contamination or infection from any communicable disease, or which is unfit, unwholesome, impure, decayed, diseased, mislabeled or adulterated within the meaning of the Revised Statutes of New Jersey, Title 24, or any amendments or supplements thereof.
B. 
No person shall distribute or sell, or offer or expose for sale, or have in his possession with intent to sell, or manufacture for distribution or sale, any food or drink which differs in purity, quality or strength from the standards adopted and published in accordance with Title 24 of the Revised Statutes of New Jersey or any amendments or supplements thereof.
[Amended at time of adoption of Code by the Board of Health (see Ch. 405, General Provisions, Board of Health, Art. I)]
No person shall keep any dog in, or allow or permit any dog to enter, any store, building, place or establishment where food is handled for commercial purposes.
No person shall, within the Borough, operate or conduct any restaurant, lunchroom, lunch wagon, cafeteria, lunch counter, ice cream parlor, soda fountain, hotel, club, lunch stand, boardinghouse, bakery, stand, cart or other place where any food or beverage is sold, served or dispensed for consumption upon the premises or any box-lunch establishment, bakery, delicatessen, butcher store, grocery store or other place where food or beverages are prepared, sold or delivered unless such person is free from any communicable disease as defined in Article VI. It shall be the responsibility of each proprietor, manager or operator of any business defined in this article to know that any person working in his place of business is free from any communicable disease and when requested by the Board to submit a health certificate on any persons working in his establishment.
A. 
No person shall sell, deliver or peddle any article of food not machine-packaged or any beverage not machine-sealed or machine-capped in the Borough from any wagon, pushcart, truck or other vehicle, or from house to house, or in or at any public place, without first having obtained a license from the Board so to do.
B. 
Such license shall be in addition to any other license which may be required by the Borough.
C. 
All fees for such license shall be collected by the Board of Health.
D. 
There shall be displayed on all vehicles used for any of the purposes aforesaid such plate as may be furnished by the Board, evidencing the permission of the Board to use the vehicle for the purposes aforesaid.
A. 
The owner, proprietor or other person in charge of any food establishment, vehicle or place where food or beverages are handled shall maintain and observe the following minimum sanitary standards:
(1) 
Single-service straws and spoons shall be protected from flies, dust, dirt and other contamination.
(2) 
Food or beverages likely to spoil shall be kept in such manner and at such temperature as to prevent spoilage.
(3) 
All refuse, including unconsumed portions of food, used straws and spoons, together with all paper, cellophane or similar wrappings which have come in contact with food, shall be kept in watertight, tightly covered receptacles.
(4) 
All foods and beverages shall, at all times, be adequately protected from flies, dust, dirt and other contamination.
(5) 
The interior of all places, rooms, compartments and vehicles shall be adequately ventilated and lighted and shall be maintained in a clean condition.
(6) 
All counters, tabletops, shelves, boxes, refrigerators and other receptacles in or upon which food or beverages are stored, prepared, handled, displayed or served shall be kept clean.
(7) 
Clean outer garments shall be worn by all persons when engaged in the handling, preparation, sale or serving of food or beverages.
(8) 
Adequate facilities for washing hands, including clean hot water, soap and clean towels, shall be provided at a place convenient for the use of all persons engaged in the handling, preparation, sale or serving of food or beverages, and they shall wash their hands thoroughly with soap and water before commencing work and after using the toilet.
(9) 
All dishes and other utensils in or with which food or beverages come in contact or which are used by customers, and all knives, forks, spoons, cups, glasses and similar articles used by customers in the consumption of food or beverages, except single-service utensils, shall after such contact or use and before reuse be thoroughly cleansed for at least two minutes in hot soapy water or a hot alkaline solution and immediately rinsed or immersed in clean water of a temperature of at least 180° F. or shall be cleansed and treated in some other manner approved by the Board.
(10) 
An abundant supply of water for the proper conduct of the business shall be readily available at all times.
(11) 
Water used or made available for use for drinking or culinary purposes or for the cleansing of any utensils shall be of a quality safe for such use and shall meet all standards of quality fixed by the Department of Health of the State of New Jersey.
(12) 
Adequate toilet facilities shall be provided for all employees.
(13) 
Every toilet, toilet room or washroom maintained in or in connection with such premises shall be kept clean.
(14) 
All toilet rooms and compartments shall be ventilated by a properly screened window or duct opening to the outer air, so located and constructed that odors therefrom will be prevented from reaching any room in which food or beverage is stored, prepared or served.
(15) 
All garbage, decomposable or waste animal and vegetable material, all refuse incident to the conduct of every food or beverage vending or food or beverage preparation establishment and all single-service utensils and paper, cellophane and similar wrappings which have come in contact with food must at all times be kept covered to prevent access of flies and escape of foul odors.
(16) 
All reasonable means shall be employed to keep all rooms, places or compartments free from rats, mice, roaches and other vermin.
(17) 
No single-service utensils or single-service containers shall be used a second time.
(18) 
No food offered or exposed for sale shall be handled or permitted to be handled by any customer or prospective customer prior to the actual purchase thereof. Placards containing this subsection shall be posted if required by the Board.
(19) 
No common drinking cup shall be furnished to nor kept where accessible to customers or employees.
(20) 
No towel, except of the single-service type, shall be furnished or made available for the use of employees.
(21) 
No dishwater, drainage from plumbing fixtures, or other foul or putrescible waste liquids from or produced in connection with such premises shall be permitted to accumulate on the surface of the ground or be disposed of in a manner which may pollute any water supply or create a nuisance.
(22) 
No person shall live or sleep, or be allowed to live or sleep, in any room, compartment, vehicle or conveyance where food intended for sale or distribution is handled, produced, manufactured, packed, distributed or sold.
No person shall store, keep, hold, sell or offer for sale any meat, fish, vegetables or other articles designed or held for sale, unless the building, store, place or establishment where the same are stored, kept or held, sold or offered for sale is at all times maintained in a clean and wholesome condition.
A. 
No exposed food shall be offered for sale from shelves, counters or other containers which shall be less than 24 inches from the floor of the store or place in which the same is exposed for sale unless the establishment has obtained a permit as outlined in §§ 457-65 through 457-68. Where such a special license has been issued, certain farm products (such as pumpkins, squash, watermelons, or suitable baskets, crates or barrels of apples, pears, potatoes, etc.) may be stored or displayed on the ground, providing that such storage or display are not done in a manner detrimental to the public health and welfare.
No person shall install or place a perishable-food vending machine in the Borough without first having obtained a license from the Board therefor.
A. 
No food or farm products shall be stored, displayed, sold or exposed for sale outside of the limits of any building unless a permit to allow the same shall be secured from the Board of Health. Such permits shall be limited to the type of establishment primarily engaged in the sale of fruits and vegetables in their natural state. Application shall be made to the Board of Health for such permit, setting forth:
(1) 
The name and address of the applicant.
(2) 
Plan of property, showing where such foods shall be sold outside of the building or buildings located on said premises.
(3) 
The type of food or farm products which shall be sold.
(4) 
The methods to be followed to keep said food in a clean and sanitary condition.
B. 
The Board of Health shall issue such a permit only when in its opinion the premises and facilities thereon are of such a nature as to allow for the maintenance of all health standards as outlined in the Sanitary Code.
C. 
Such permit may be canceled at any time if in the opinion of the Board the handling, storage and sale of food and farm products outdoors is not being conducted according to the standards of health provided for in the Sanitary Code; inspections shall be made monthly to ensure that the operation is being conducted in accordance with the provisions thereof.
A. 
No person shall operate any food processing or beverage processing establishment in the Borough without first having obtained a permit from the Board so to do.
B. 
Every establishment referred to in this section shall be subject to inspection during all business hours by the Board or the registered Environmental Health Specialist.
[Amended at time of adoption of Code by the Board of Health (see Ch. 405, General Provisions, Board of Health, Art. I)]
C. 
Every such establishment shall, at all times, conform to and comply with all sanitary regulations contained herein and affecting or concerning the handling, manufacture, preparation, storage, sale or exposure of all food or beverages.
[Amended at time of adoption of Code by the Board of Health (see Ch. 405, General Provisions, Board of Health, Art. I)]
No person shall expose for sale, or offer for sale, or otherwise dispose of or have in his possession for the sale or disposal within the Borough any meat of or from any cattle, calf, lamb, goat, swine, or any part of any animal from which any meat is obtained, unless said animal has been examined, both before and after slaughtering, by the Veterinary Inspector or other qualified officer of the United States government, or by the Veterinary Inspector or other qualified officer of the Board of Health of a municipality having a system of inspection equal to that adopted by the United States Department of Agriculture. All meat or meat food products offered for sale in the Borough shall be subject to reinspection and condemnation at all times by the Board. No person shall offer or expose for sale, or sell or otherwise dispose of, within the Borough, or be possessed of any meat or meat products unless the factory or establishment where the same are manufactured, processed or put up bears the approval of the United States Department of Agriculture or the approval of the Board of Health of the municipality in which the same is located. This section does not permit the use, sale of or the exposure for sale thereof for human consumption of any meat or meat products unfit for human consumption. No person shall sell, expose for sale or offer for sale, or cut any meat on the public streets within the Borough. This section does not prohibit the sale of meat sold as and being in fact a "frozen food" and sold in its original sealed package, if it complies with this section.[1]
[1]
Editor's Note: Original § 95-76 of the 1966 Code, Horsemeat, which immediately followed this section, was repealed at time of adoption of Code by the Board of Health (see Ch. 405, General Provisions, Board of Health, Art. I).
A. 
It shall be unlawful to sell, expose for sale, or offer for sale any fish, other than frozen fish, within the Borough, unless the place from which the same is sold, exposed or offered for sale fully complies in all respects with the following regulations:
(1) 
All floors shall be of nonabsorbent material.
(2) 
Ice refrigerators shall have a drain permanently connected indirectly into a proper trap and vented fixture to a sanitary sewer line and shall be flushed daily with fresh water.
(3) 
All tabletops and countertops shall be of nonabsorbent material. Portable wooden cutting or chopping boards are permitted, but they must be thoroughly washed and scrubbed daily.
(4) 
All places where fish is sold shall have through ventilation, self-closing doors and running water, separate from a washing basin.
(5) 
At least two metal garbage cans with covers for fish scraps (cans to be at least 10 gallons in size), which cans shall be removed and emptied daily.
(6) 
All doors and windows shall be screened from May 1 to October 1 in each year. Window screens shall be of permanent locking type.
(7) 
Toilet and handwashing facilities shall be provided for fish handlers.
(8) 
Only wholesome and edible fish products shall be sold for human consumption.
(9) 
All fish showcases shall be internally lined with nonabsorbent material.
A. 
In display cases and counters for frozen foods, a temperature not to exceed 10° F. shall be maintained.
B. 
Vehicles in which frozen foods are transported either for moving, distributing or sale shall either be mechanically refrigerated or cooled by the cold holding plate system; temperatures shall be no higher than 10° F. with a tolerance of 10° F. when frozen food is being taken out or placed in vehicle.
C. 
An accurate, direct-reading thermometer shall be provided in frozen food display cases, counters or retail sales vehicles for frozen food.
The fact that, with respect to one or more specific articles of food or specific kinds of business, certain regulations have been prescribed under this chapter shall not limit or affect the obligation of every person to comply with all the other provisions of this Sanitary Code.