[R.O. 1966 § 12:2-1]
As used in this chapter, unless otherwise provided or unless
otherwise shown by the context:
ADULTERATION OR ADULTERATED
When used in this chapter in connection with foods, drugs,
cosmetics or devices, shall have the meanings respectively ascribed
to them in N.J.S.A. 24:5-8 to 24:5-11.1.
APPROVED
Shall mean food or drink, a source of food or drink, a method,
a device or a piece of equipment meeting requirements of the Division
of Health and the State Department of Health.
COSMETIC
Shall have the meaning ascribed to it by N.J.S.A. 24:1-1.
COSMETIC PLANT OR ESTABLISHMENT
Shall mean any place, premises, building, part of building,
cellar or basement, apartment or room occupied or used therein for
the having, holding, collection, handling, production, processing,
mixing, compounding, manufacture, packing, storage, distribution or
sale of:
a.
Articles used (for or as cosmetics) for or intended to be rubbed,
poured, sprinkled or sprayed on, introduced into, or otherwise applied
to the human body or any part thereof for cleansing, beautifying,
promoting attractiveness or altering the appearance and,
b.
Articles intended for use as a component of any such article,
except that such term shall not include soap.
DEVICE
Shall have the meaning ascribed to it by N.J.S.A. 24:1-1.
DRUG
Shall have the meaning ascribed to it by N.J.S.A. 24:1-1.
DRUG PLANT OR ESTABLISHMENT
Shall mean any place, premises, building, part of building,
cellar or basement, apartment or room occupied or used therein for
the having, holding, collection, handling, production, processing,
mixing, compounding, manufacture, packing, storage, distribution or
sale of:
a.
Articles used (for or as drugs) for or intended for use in the
diagnosis, cure, mitigation, treatment or prevention of disease in
man or other animal or,
b.
Articles (other than food) used for or intended to affect the
structure or any function of the body of man or other animals or,
c.
Articles intended for use as a component of any article specified
in paragraphs a or b.
EATING AND DRINKING ESTABLISHMENT
Shall mean restaurant, food or drink dispensing stand, coffee
shop, cafeteria, short order cafe, luncheonette, tavern, sandwich
stand, soda fountain, inplant feeding establishment, hospital, institution,
school lunchroom, private and semi-private club, camp, camp kitchen,
church kitchen, caterer or any other place in which food or drink
is prepared or stored for public consumption, distribution or sale
and shall include vehicles used in connection therewith and all places
where water for drinking or culinary purposes is available for public
use.
EMPLOYEE
Shall mean any person who handles any food, drug or cosmetic, or device or articles used for food, drugs, cosmetics or device in the having, holding, collection, handling, production, preparation, processing, manufacture, packing, storage, distribution or sale therein, and includes the term person as defined in Section
1:1-3 of these Revised General Ordinances.
FOOD PLANT OR ESTABLISHMENT
Shall mean any place, premises, building, part of a building,
cellar or basement, apartment or room occupied or used therein for
the having, holding, collection, handling, production, preparation,
processing, manufacture, packing, storage, distribution or sale of
articles used for food and drink intended for consumption by man or
other animal and shall include any bakery, confectionery, cannery,
packing house, slaughterhouse, dairy, creamery, milk plant, cheese
factory, restaurant, hotel, grocery, meat market, delicatessen, bottling
or nonalcoholic beverage plant, pickle or pickling plant, candy manufacturing
plant, ice cream plant, oyster shucking establishment or egg breaking
establishment.
MACHINERY
Shall mean any mechanical apparatus or contrivance or parts
thereof used in production, processing, preparation, compounding,
mixing, bottling, manufacture, packing, storage or distribution of
food, drugs, device or cosmetics.
MISBRANDED OR MISBRANDING
When used in connection with food, drugs, cosmetics or devices,
shall have the meanings respectively ascribed to them in N.J.S.A.
24:5-18.1.
NUISANCE
Shall mean any condition or cause of trouble which may produce
noise or offensive odor or condition which may be a hazard or detrimental
to human health.
SANITIZE
Shall mean the process of rendering eating and drinking utensils
free from disease producing bacteria and refers to utensils which
have been so cleansed and disinfected as to have a total bacterial
count of not more than 100 bacteria per utensil when sampled in accordance
with an approved method in an approved laboratory.
UTENSIL
Shall mean receptacles, implements, cutlery, containers,
kettles, cans, tanks, grinders, reels, scales, utensils, scrapers,
agitators, splitters, saws, extractors, filters, sieves, sifters,
trays, ladles, rollers, pestles, instruments, fillers, cutters, covers,
kitchenware, tableware, glassware or other equipment with which food
or drink, devices, drugs or cosmetics come in contact.
[R.O. 1966 § 12:2-2]
The Health Officer shall inspect as often as he/she deems necessary
all food, device, drug and cosmetic plants and establishments, all
eating and drinking establishments, and all itinerant eating and drinking
establishments. The person operating a food, drug, device or cosmetic
plant or establishment, an eating and drinking establishment or an
itinerant eating and drinking establishment shall permit access to
all parts of the establishment and shall make available, upon request
of the Health Officer, all records of food, drink, drugs or cosmetics
purchased.
[R.O. 1966 § 12:2-3]
It shall be unlawful for any person to use any container which
is in an unsanitary condition, due to the presence of food residue,
decomposed food, offal or filth of any kind, for the storage, display,
delivery or sale of any foodstuffs.
[R.O. 1966 § 12:2-4]
It shall be unlawful for any person to collect, sell or offer
for sale, or to use for the storage, display or sale of any foodstuffs,
any basket, barrel, box, can or other container or receptacle, which
has been taken from any dumps, private or public, or any vacant lot
where refuse has been deposited; provided, however, that the collection
or recovery of glass containers by any person who shall have previously
obtained written permission from the Health Officer so to do, shall
not constitute a violation of this Title. It is specifically required,
however, that such glass containers must be properly cleaned and sterilized
before use.
[R.O. 1966 § 12:2-5; Ord. 6PSF-E, 8-6-2014]
a. Where food is prepared, manufactured, stored, sold, displayed, offered
for sale or transported, such shall be securely protected from flies,
dust and dirt, and, so far as the same is possible by the use of all
reasonable means, from all other foreign and injurious contamination.
b. In the enforcement of this section, the Department of Health and
Community Wellness shall require that the following enumerated foods
and other foods of the same general character must be securely covered
at all times by cases of glass, wood or metal: Meats, sauerkraut,
dried fruits, bananas with edible portion exposed, bakery products
when not wrapped, fish, dates, pickles, oysters, confectionery, olives,
figs, shelled nuts, popcorn, prepared foodstuffs such as baker's goods,
dried fruits such as dates, figs, peaches, prunes, apricots, etc.,
pickled products such as pickles, chili sauce, etc., cereal products
such as tapioca, breakfast foods, etc., fruit products such as apple
butter, jellies, jams, etc., meat products such as dried, salted or
smoked fish, veal loaf, pickled pigs feet, chipped beef, boiled ham,
mincemeat, or other foods prepared for eating, or subject to the attacks
of worms or flies; provided, however, that bakery products while being
delivered or transported shall be wrapped in paper, cellophane or
wax bags, the opened end of which shall be securely sealed by means
of gum, staples, heat adhesion or other similar accepted sealing processes.
c. All foods, when displayed outside of any building or other food establishment,
shall be elevated at least 18 inches above the ground level.
[R.O. 1966 § 12:2-6]
It shall be unlawful for any person to expose for retail sale,
offer for sale or sell any fish, oysters, clams, meat, slaughtered
animal or slaughtered poultry from any pushcart or other vehicle upon
the streets, or from any stand, stall, case or box, upon the sidewalks
in the City.
[R.O. 1966 § 12:2-7]
No food, devices, drugs or cosmetics, whether in whole, part
or broken form or in form of sweepings, floor droppings, or contaminated
or condemned form or surplus, shall be processed or salvaged, or placed
in a form intended for human or animal consumption, unless the responsible
party for such operation shall first secure written permission from
the Health Officer of the City.
[R.O. 1966 § 12:2-8; 6 S+FI, 8-3-1994]
a. The sidewalls and floors in all food, device, drug and cosmetic plants
and establishments and in all eating and drinking establishments shall
be smooth and tight. The ceilings in all food, device, drug and cosmetic
plants and establishments and in all eating and drinking establishments
shall be constructed of material which can be easily cleaned. The
floors, walls, ceilings, partitions, windows, doors and stairways
shall be kept clean and in good repair. The premises and all rooms
shall be properly lighted, drained, plumbed and ventilated and shall
be kept free of insects, vermin and rodents. The exterior and interior
premises of all food, drug, device and cosmetic plants or establishments
and of all eating and drinking establishments shall be kept clean
and free of litter or rubbish. None of the operations connected with
any food, drug, device or cosmetic plant or establishment or of any
eating and drinking establishment shall be conducted in any rooms
used as living or sleeping quarters.
b. All food, device, drug and cosmetic plants and establishments and
all eating and drinking establishments shall be provided with adequate
lockers or dressing rooms for employees' clothing and shall be kept
clean. Soiled linens, coats and aprons shall be kept in containers
provided for this purpose. Signs shall be posted in each toilet and
other rooms used by employees and in the kitchen indicating the requirements
for washing the hands, arms and other exposed surface of the body
which may contact food, drugs, devices or cosmetics after a bodily
function or some other contaminating contact.
c. Running hot and cold water under pressure shall be easily accessible
to or in all rooms in which food, devices, drugs, and cosmetics are
prepared, processed, compounded, bottled, mixed, packed or manufactured,
or utensils and machinery are washed. The water supply system shall
be adequate as to quantity and quality and shall meet the standards
prescribed by this Title, and by the New Jersey State Department of
Health.
d. In all food, drug, device and cosmetic plants and establishments
where an abundant amount of water is used for cleaning purposes the
floors shall be constructed of cement or some material impervious
to water properly sloped to a convenient drain which is properly connected
to the sewer.
e. All food, drug, device and cosmetic plants and establishments and
all eating and drinking establishments shall be provided with adequate,
conveniently located toilet facilities accessible to the employees
at all times. All new establishments shall provide toilets for the
public as per the requirements of N.J.A.C. 5:23-1 et seq., New Jersey
Construction Code.
Toilet facilities shall be installed in accordance with N.J.A.C.
5:23-1, et seq., New Jersey Construction Code. When a common toilet
is used for employees and patrons, access shall not be through food,
preparation, food storage and utensils and equipment washing areas.
Water closets and urinals shall be of a sanitary design and
be cleanable.
Toilet rooms shall be easily cleanable, completely enclosed,
and shall have tight-fitting, self-closing doors. Such doors shall
not be left open except during cleaning and maintenance. If vestibules
are provided, they shall be kept in a clean condition and in good
repair.
Toilet facilities, including toilet rooms and fixtures, shall
be kept in clean and good repair, and free from objectionable odors.
A supply of toilet tissue shall be provided at each toilet at
all times.
Handwashing signs stating "Wash Hands Before Resuming Work"
or words of similar meaning shall be posted conspicuously in all toilet
rooms and at each separate lavatory facility in a retail food establishment.
It is also recommended that a statement concerning disease transmission
be included. Easily cleanable receptacles shall be provided for waste
materials, and such receptacles in toilet rooms for women shall be
covered. Such receptacles shall be emptied at least once a day, and
more frequently when necessary to prevent excess accumulation of waste
material.
f. In all food, drug, device and cosmetic plants or establishments where
stationary or unmovable equipment is necessary, adequate hose length
together with an accessible and adequate supply of hot water or live
steam or both for use shall be provided.
g. All food, drug, device and cosmetic plants and establishments shall
be provided with an abundant supply of hot and cold running water.
All food, drug, device and cosmetic plants and establishments shall
be provided with adequate facilities to properly wash all equipment
and a sink or washtray of sufficient size to properly wash and clean
the largest movable receptacle. Hot and cold running water connections
for use at same shall be properly installed.
h. In all eating and drinking establishments there shall have conveniently
located and properly installed at least one two-compartment washtray
together with hot and cold running water connections for use at the
same, or a mechanical operated dishwashing machine.
i. In all food, drug, device and cosmetic plants and establishments
and in all eating and drinking establishments adequate and convenient
handwashing facilities shall be provided, including hot and cold running
water, soap and approved sanitary towels or air hand drying facilities.
The use of the common towel is prohibited. Employees shall not resume
work after using toilet room or subjecting the hands to other contaminating
contacts, without first washing hands and arms.
j. All garbage, refuse, trash and other wastes shall be kept in suitable
receptacles and disposed of in such a manner as not to constitute
a health hazard or nuisance.
k. All plumbing and waste disposal equipment shall be so designed, installed,
maintained and utilized in such manner as to prevent contamination
of the water supply, food or drink, device, drug or cosmetic or equipment.
l. In every food, drug, device and cosmetic plant or establishment and
in every eating and drinking establishment all furniture, fixtures,
receptacles, utensils, implements, machinery, gas ranges, hoods, windowsills,
transoms, griddles, griddle-plates, drawers, ice boxes, refrigerators,
racks, benches, tables, steam boxes, steam closets, dough troughs,
trays, shelves, closets, kettles, containers, covers, cans, cases,
counters, molds, conveyors, chutes, steam tables, ranges, bins, compartments,
cabinets, drums, tanks, grinders, reels, scales, hoppers, scrapers,
agitators, splitters, saws, extractors, filters, sieves, fillers,
ladles, rollers, pestles, cutters, funnels, vats, chairs, lifts, overhangings,
ducts, fans, sinks, washtrays, skylights, platforms, dryers, screens,
contrivances, contraptions and whatever other equipment is necessary
to conduct such business and all cars, trucks and vehicles used in
the transportation of such products shall at all times be clean and
kept clean.
m. The equipment, utensils or machinery used in connection with the
operation of all food, drug, device and cosmetic plants or establishments
and eating and drinking establishments shall be so constructed as
to be easily cleaned, shall be kept in good repair and shall be kept
free from dust, dirt, insects and other contaminating or injurious
material.
n. Utensils containing or plated with cadmium or lead shall not be used
for or in the preparation, processing, manufacturing, packing or storing
of food.
o. Employees in all food, drug, device and cosmetic plants and establishments
shall at all times wear clean outer garments and shall keep their
hands and arms clean.