[Ord. #BH-08-001, § 1; Ord. #BH-10-001, § 1]
An ordinance regulating retail food handling establishments,
providing for the inspection of such establishments and fixing penalties
for violations, is hereby established pursuant to revised statutes
26.3-69.1 to 69.6.
[Ord. #BH-08-001, § 2; Ord. #BH-10-001, § 2]
The said code established and adopted by this ordinance is in
addition to the New Jersey Sanitary Code, Chapter 24, "Construction,
Operation and Maintenance of Retail Food Establishments" and is referred
to in same.
[Ord. #BH-08-001, § 3; Ord. #BH-10-001, § 3]
Three copies of this ordinance as well as the said State of
New Jersey Sanitary Code, Chapter 24 have been placed on file in the
office of the Secretary of this local Board of Health upon introduction
of this ordinance and will remain on file there until final action
is taken on this ordinance for the use and examination of the public.
[Ord. #BH-08-001, § 4; #BH-10-001, § 4]
a.
No
retail food establishment including restaurants, diners and any other
establishments serving prepared food to the public in the Borough
of Moonachie shall be granted a retail food establishment license
unless the owner, manager or employee in charge of other employees
serving food on each particular shift has successfully completed a
course prescribed by the Moonachie Board of Health pertaining to health,
education, sanitation, personal hygiene, food poisoning, dishwashing
procedures, germs, insects and rodents, and other health related matters.
There are two such courses: an Eighteen-Hour Food Manager's Certification
Course and a three-Hour Food Handler's Course. The owner, manager
or employees preparing food on each particular shift must possess
a current certificate of satisfactory completion of the three-Hour
Food Handler's Course. The owner, manager and employees in charge
of other employees preparing food on a particular shift shall have
completed the Eighteen-Hour Food Manager's Course. The certificate
of satisfactory completion of the three-Hour Food Handler's Course
shall be effective for two years from the date of issuance and the
Eighteen-Hour Food Manager's Certification Course shall be effective
for five years from the date of its issuance. Current certificate
of completion of both the Eighteen-Hour Food Manager's Certification
Course and the three-Hour Food Handler's Course shall be a prerequisite
to any license being issued to a retail food establishment after the
appropriate fee has been paid.
b.
1.
Each owner of key management personnel activity involved in the daily
operation of a retail food establishment where food is prepared, is
required to satisfactorily complete the Eighteen-Hour Food Manager's
Certification Course. Each owner, manager or employee in charge of
other employees serving food on each particular shift is required
to satisfactorily complete the three-Hour Food Handler's Course.
Proof of satisfactory completion of both courses must be supplied
by to the Board of Health prior to the Board of Health issuing an
annual license to the retail food establishment. In addition, before
a license shall be issued, the retail food establishment shall pay
the appropriate fee in accordance with this ordinance.
2.
Where owner or key management personnel actively involved in the
daily operation of a retail food establishment where food is prepared
has not satisfactorily completed the Eighteen-Hour Food Manager's
Certification Course and an owner, manager or employee in charge of
other employees serving food on each particular shift has not satisfactorily
completed the three-Hour Food Handler's Course as set forth in
this ordinance, the Moonachie Board of Health may issue a temporary
retail food license which shall expire on March 31 of the license
year. For the issuance of such a temporary retail food license, the
retail food establishment shall pay the normal fee charged for the
license together with a special surcharge for the temporary retail
food license in the amount of $100. No part of the surcharge shall
be returned or refunded. The surcharge shall be used for administering
this ordinance.
3.
Each new owner of a retail food establishment where food is prepared
is required to take the first available Eighteen-Hour Food Manager's
Certification Course, and the new owner and employees in charge of
other employees serving food on a particular shift must take the three-Hour
Food Handler's Course. The Moonachie Board of Health shall issue
a temporary retail food license which shall remain in effect for 90
days from the date of its issuance or until the required Eighteen-Hour
Food Manager's Certification Course and three-Hour Food Handler's
Course have been satisfactorily completed. For the issuance of such
a temporary food license, the retail food establishment shall pay
the normal fee changed for the permit together with a special surcharge
for the temporary retail food license in the amount of $100. No part
of the surcharge shall be returned. The surcharge shall be used for
administering this ordinance.
c.
If
there is no owner, manager or employee in charge of other employees
serving food to others on each particular shift who has satisfactorily
completed the Eighteen-Hour Food Manager's Certification Course
in accordance with this ordinance, then the retail food establishment
shall be issued a Summons to appear before the Moonachie Municipal
Court to answer the violation.
d.
1.
Any retail food establishment which receives an "Unsatisfactory"
rating from the appropriate official inspecting the premises shall
immediately cease from serving any food or similar products until
the license has received a "Satisfactory" rating from the inspector
conducting the inspections.
2.
Any retail food establishment which receives two conditional satisfactory
ratings within any one calendar year period shall have its owner or
manager appear at the next meeting of the Moonachie Board of Health
to provide explanation as to reasons for such conditional satisfactory
rating and to further provide the Board of Health with its intended
corrective actions so as to avoid future conditional satisfactory
ratings. The Health Officer and/or inspector believes it is necessary
for the preservation of the public health and safety. In addition,
its owner or manager must take and satisfactorily complete the next
available Eighteen-Hour Food Manager's Certification Course.
Failure of the establishment to adhere to this rule by licensing
time of the subsequent year will result in a surcharge of $500 on
the new license.
3.
In addition to the remedies stated above, the inspector conducting
the inspection shall cause appropriate Summons to be issued for the
violation of Chapter 24 of the New Jersey Sanitary Code, the Ordinances
of the Borough of Moonachie and applicable statutes of the State of
New Jersey.
e.
A
retail food establishment license issued by the Borough of Moonachie
under the provisions of this ordinance shall expire annually on December
31 of each year and application for renewal thereof shall be submitted
together with the required fee prior to January 1 of each year. Failure
to obtain a license prior to January 1 will result in the inability
of the establishment to operate subsequent to January 1. Additionally,
failure to obtain a license for the new year prior to January 1 will
also result in a late fee of $500.
f.
A
retail food establishment license issued by another Board of Health
is not transferable as to another license. A retail food establishment
license issued by the Board of Health is not transferable to a new
owner within the Borough of Moonachie.
g.
As
concerns nonprofit organizations, whenever food is being prepared
at any of these facilities, a temporary permit, exempt from fees,
must be obtained from the Board of Health two weeks prior to the date
of the function. In order to obtain this permit, the following information
must be provided: (a) date and length of function; (b) type of food
being prepared, and (c) approximate number of people being served.
h.
Nursery
schools preparing food or representatives of the nursery schools preparing
food must take the three-Hour Food Handler's Course.
[Ord. #BH-08-001, § 5; New; #BH-10-001, § 5]
a.
Any
person who violates any provision of, or order promulgated under,
this ordinance shall, upon conviction thereof, be liable to a penalty
of not less than $100, nor more than $1,000 for each violation. Each
day a particular violation continues shall constitute a separate offense.
