[HISTORY: Adopted by the Board of Health of the Borough of Montvale as indicated in article histories. Amendments noted where applicable.]
[Adopted by the Board of Health 1-8-2001 by Ord. No. 2000-01 (Ch. 44A, Art. I, of the 1966 Code)]
As used in this article, the following terms shall have the meanings indicated:
BOARD OF HEALTH
The duly recognized health authority for a community established under the provisions of N.J.S.A. Title 26, Health and Vital Statistics.
EQUIPMENT
All stoves, ranges, hoods, meat blocks, tables, counters, refrigerators, sinks, dish washing machines, steam tables, food transport vehicles and similar items, other than utensils, used in the operation of a retail food establishment.
FOOD
Any raw, cooked, processed, edible substance, water, ice, beverage or ingredient used or intended for use or for sale in whole or in part for human consumption.
FOOD CONTACT SURFACES
Those surfaces of equipment and utensils with which food may drain, drip or splash back onto surfaces normally in contact with food.
FOOD-PROCESSING ESTABLISHMENT
A commercial establishment in which food is processed or otherwise prepared and packaged for human consumption.
HEALTH OFFICER
The state-licensed agent of the State Department of Health/Local Board of Health involved with the day-to-day inspections of the department.
KITCHENWARE
All multi-use utensils other than tableware used in the storage, preparation, conveying or serving of food.
OWNER or OPERATOR
Any person in charge of a food establishment or who is the apparent agent, supervisor or a food establishment at the time of the official visit by a Health Officer, registered environmental health specialist or duly authorized agent of the Board of Health or Health Department.
PERSON
An individual or a firm, partnership, company, corporation, trustee, association or any public, private or other legal entity.
PERSON IN CHARGE
The individual present in a food service establishment who is the apparent supervisor of the food service establishment at the time of inspection.
POTENTIALLY HAZARDOUS FOOD
Any food which consists in whole or in part of milk or milk products, eggs, meat, poultry, fish, shellfish, edible crustacean, raw seed sprouts, heat-treated vegetables and vegetable products or other ingredients, including synthetic ingredients, in a form capable of supporting rapid and progressive growth of infectious or toxigenic microorganisms, or the slower growth of C botulism. The term does not include foods which have a pH level of 4.6 or below or a water activity (aw) value of 0.85 or less.
RETAIL FOOD ESTABLISHMENT
As defined in N.J.A.C. 8:24-1.5.
[Amended at time of adoption of Code by the Board of Health (see Ch. 405, General Provisions, Board of Health, Art. I)]
SAFE TEMPERATURES
As applied to potentially hazardous food, means temperatures of 38° F. to 40° F., or below; frozen temperatures shall be maintained at 0° C. and below.
SALADS
Any of a variety of chicken salad, tuna salad, coleslaw, macaroni salad, pasta salad, potato salad, ham salad, egg salad, shrimp salad, food products either manufactured on site or commercially produced off premises which require extensive production by chopping, mixing, cooking of raw meats, seafood, eggs and vegetables handling, refrigeration, display and storage.
TIME AND TEMPERATURE RELATIONSHIP
As applied to salad preparation, shall relate to the sensitive balance of production time, display and service of salads with consideration to proper temperatures at which salads are held. "Temperature" shall mean the inner core of a salad and not just the top or bottom of a salad product.
VENDING MACHINE
Any coin-, dollar-bill-, or credit-card-operated machine dispensing sandwiches, containers of salads.[1]
[1]
Editor's Note: The following original sections of the 1966 Code: § 44A-2, Testing of salads, § 44A-3, Cooperation with Health Officer, and § 44A-4, Violations and penalties, which immediately followed this definition, were repealed at time of adoption of Code by the Board of Health (see Ch. 405, General Provisions, Board of Health, Art. I).
[Adopted by the Board of Health 9-8-2015 by Ord. No. 2015-01[1] (Ch. 44A, Art. II, of the 1966 Code)]
[1]
Editor's Note: This ordinance also repealed original Art. II of the 1966 Code, Food Handler Training, adopted 12-4-2006 by Ord. No. 2006-02.
As used in this article, the following terms shall have the meanings indicated:
FOOD HANDLER
Any person working with packaged or unpackaged food or beverage, food equipment or utensils or food-contact surfaces.
FOOD HANDLER CERTIFICATION
A certificate, degree or documentary proof obtained for satisfactory completion of a minimum three-hour course of instruction in safe food handling as approved by the Health Officer
FOOD MANAGER CERTIFICATION
A certificate, degree or documentary proof obtained when passing a food manager safety examination administered by an agency accredited by the Conference of Food Protection.
PERSON IN CHARGE (PIC)
The individual present at a retail food establishment who is responsible for the operation at the time of inspection.
Each retail food establishment shall obtain or have an appropriate individual obtain each of the certifications herein listed:
A. 
Risk Type 2 retail food establishments (as defined by N.J.A.C. 8:24-1.5). During all hours of operation, the person-in-charge is required to hold a valid food manager certification as approved by the Health Officer.
B. 
Risk Type 3 retail food establishments (as defined by N.J.A.C. 8:24-1.5).
(1) 
During all hours of operation, the person-in-charge is required to hold a valid food manager certification as approved by the Health Officer. When additional personnel are engaged in the process of food handling under the supervision of the person-in-charge, at least one of said additional employees must hold a valid food handler certification as approved by the Health Officer. In addition, for each of the following types of Risk Type 3 retail food establishments, the following certifications shall be required:
(a) 
Supermarkets: The manager of each department that handles, stocks, prepares, and/or packages foodstuffs (including, but not limited to, bakery, deli, hot or cold food service, meat, produce and seafood departments) must hold valid food manager certification as approved by the Health Officer.
(b) 
Hotels, banquet or catering facilities: Personnel designated as the manager or person-in-charge of each venue within a facility operating under a single license must hold a valid food manager certification as approved by the Health Officer.
(c) 
Other establishments, venues or situations not herein defined: As determined by the Health Officer.
C. 
Risk Type 4 retail food establishments (as defined by N.J.A.C. 8:24-1.5).
[Amended at time of adoption of Code by the Board of Health (see Ch. 405, General Provisions, Board of Health, Art. I)]
(1) 
During all hours of operation, the person-in-charge is required to hold a valid food manager certification as approved by the Health Officer.
(2) 
All food handlers employed by the establishment must hold a valid food handler certification as approved by the Health Officer.
A. 
No person to whom a food manager or food handler certificate is issued shall give, loan, transfer or permit same to be used by any other person for any purpose whatsoever.
B. 
A food handler certificate shall, unless otherwise stated, be considered valid for a period of three years from the date of issuance.
C. 
A food managers certificate shall, unless otherwise stated, be considered valid for a period of five years from the date of issuance.
A. 
Any establishment not in compliance with any provision of this article shall be subject to fines and costs of not less than $5 nor more than $500 per violation. The Board of Health may close the establishment and suspend the retail food establishment license of any person, partnership, corporation or establishment in violation of this article for a period to be determined by the Health Officer pursuant to the authority of the Board of Health to license and regulate retail food establishments as provided by N.J.S.A. 26:3-31.
[Amended at time of adoption of Code by the Board of Health (see Ch. 405, General Provisions, Board of Health, Art. I)]
B. 
The Health Officer may, at her/his discretion and when deemed necessary, require any food handler in any licensed retail food establishment to obtain a food handler certification.