[Adopted as Ch. 58, Art. II, of the 1994 Code of Ordinances;
amended in its entirety 11-8-2021 by Ord. No. 21-059]
The following words, terms and phrases, when used in this article,
shall have the meanings ascribed to them in this section, except where
the context clearly indicates a different meaning:
At the time of inspection, the retail food establishment
was found not to be operating in substantial compliance with N.J.A.C.
8:24 and was in violation of one or more provisions of N.J.A.C. 8:24.
A person who holds a New Jersey Department of Health cottage
food operator permit.
Non-TCS food that a cottage food operator prepares in the
private kitchen of the operator's residence and at no other location.
This product is prepared in a private kitchen that is not inspected
by the New Jersey Department of Health or Hamilton Township Division
of Health.
A raw, cooked, or processed edible substance, ice, beverage,
or ingredient used or intended for use or for sale in whole or in
part for human consumption, or chewing gum.
Every person and his agents or employees engaged in the business
of selling, offering or exposing for sale food at retail for human
consumption either on or off the premises where sold.
The duly licensed agent of the local board of health and/or
State Department of Health to act in the enforcement of its ordinances
and sanitary laws of the state.
Any movable restaurant, truck, van, trailer, cart, bicycle,
watercraft, or other movable unit including hand carried, portable
containers in or on which food or beverage is transported, stored,
or prepared for retail sale or given away at temporary locations.
A food that is natural or synthetic and that requires temperature
control because it is in a form capable of supporting the rapid and
progressive growth of infectious or toxigenic microorganisms; the
growth and toxin production of Clostridium botulinum; or in shell
eggs, the growth of Salmonella enteritidis.
"Potentially hazardous food" includes an animal food (a food of animal origin) that is raw or heat treated; a food of plant origin that is heat-treated or consists of raw seed sprouts; cut melons; and garlic and oil mixtures that are not acidified or otherwise modified at a food processing plant in a way that results in mixtures that do not support growth as specified under Subsection A of this definition.
A vehicle that is designed to carry perishable cargo at low
temperatures to completely safeguard the products contained in it
to the fullest extent possible.
An operation that stores, prepares, packages, serves, vends,
or otherwise provides food for human consumption:
Such as a restaurant; satellite or catered feeding location;
catering operation if the operation provides food directly to a consumer
or to a conveyance used to transport people; market; vending location;
conveyance used to transport people; institution; or food bank; and
That relinquishes possession of food to a consumer directly,
or indirectly through a delivery service such as home delivery of
grocery orders or restaurant takeout orders, or delivery service that
is provided by common carriers.
An element of the operation such as a transportation vehicle
or a central preparation facility that supplies a vending location
or satellite feeding location unless the vending or feeding location
is permitted by the health authority; or
An operation that is conducted in a mobile, stationary, temporary,
or permanent facility or location; where consumption is on or off
the premises; and regardless of whether there is a charge for the
food.
The retail food establishment is found to be operating in
substantial compliance with N.J.A.C. 8:24 and food service personnel
have demonstrated that they are aware of and are practicing sanitation
and food safety principles as outlined in N.J.A.C. 8:24.
A food that requires time and/or temperature control for
safety to limit pathogenic microorganism growth or toxin formation.
A retail food establishment that operates for a period of
no more than 14 consecutive days in conjunction with a single event
or celebration.
The retail food establishment is operating with one or more
violations that constitutes gross unsanitary or unsafe conditions,
which pose an imminent health hazard.
A self-service device that, upon insertion of a coin, paper
currency, token, card, or key, or by optional manual operation, dispenses
unit servings of food in bulk or in packages without the necessity
of replenishing the device between each vending operation.
All potentially hazardous foods shall remain under refrigeration
or frozen during transport until the time of sale or delivery. Refrigerated
or frozen, potentially hazardous food shall be maintained at temperatures
as specified in N.J.A.C. 8:24-3.2(f) and N.J.A.C. 8:24-3.5(a). Potentially
hazardous food that is cooked to safe cooking temperatures, and received
hot shall be at a temperature of 135° F. or above.
