NOTE: For Statutory sanitary regulations concerning food establishments, see N.J.S.A. 24:15-1 et seq.
[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.
ITINERANT EATING AND DRINKING ESTABLISHMENT
Shall mean any pushcart, wagon, truck or other food and drink vending vehicle from which food or drink is prepared, dispensed or sold.
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.