[1]
Editor's Note: See also Ch. 477, Food Establishments, Retail.
As used in this article, the following terms shall have the meanings indicated:
FOOD
Includes all confectionery and every article used as food or drink for human consumption, and all articles used as components of any such article.
FOOD ESTABLISHMENT
Includes any bakery, confectionery, cannery, packing house, slaughterhouse, dairy, creamery, cheese factory, restaurant, hotel, grocery, meat market or other place used in the production, preparation, manufacture, packing, storage, transportation or handling of food intended for distribution or for sale as defined in Article I, § 496-1.
No person shall conduct, maintain or operate a food establishment without first obtaining from this Board a license so to do. License fees are indicated in Article XVI, § 496-123.
A. 
No person shall manufacture or sell any food which has been exposed to any injurious contamination or communicable disease, or which is unfit, unwholesome, impure, decayed, diseased or mislabeled or adulterated within the meaning of the laws of the State of New Jersey.
B. 
All food sold or intended for sale shall be securely protected from flies, dust, dirt and, so far as the same is possible, by the use of all reasonable means, from all other foreign or injurious contamination.
The following rules and regulations shall be strictly adhered to in all food establishments:
A. 
Rule 1. Food places to be clean, light, etc. No owner or person in charge of any food establishment shall use the same for that purpose unless said establishment is properly lighted, ventilated, drained and in a sanitary condition at all times. Screens or fly-repelling devices shall be erected or placed at such places and at such times as the Board may direct.
B. 
Rule 2. Washing facilities. Adequate washing facilities, including individual towels, shall be provided in convenient locations for all workmen and employees. All food establishments shall be equipped with a hot water connection having a constant supply of running hot water no less than 120° F.
C. 
Rule 3. Cellar establishments prohibited. No food establishment shall be located in any cellar, basement or other place below the natural surface of the ground except by written permission of this Board.
D. 
Rule 4. No sleeping room nor any other living room of a tenement, apartment or other dwelling shall be directly connected with a food establishment without the approval of this Board.
E. 
Rule 5. Dishes, glassware and utensils. It shall be the duty of the owner or person in charge of any food establishment to have thoroughly cleaned and sanitized immediately after being used by each person all dishes, cups, drinking glasses, eating utensils or any food container or eating utensil which is not of a single-service nature.
F. 
Rule 6. Washing equipment, facilities and method of washing. The washing and sanitizing of all dishes, glassware and utensils in all food establishments which serve food to the public for immediate consumption on the premises shall be accomplished under one of two plans and the equipment and facilities shall be dependent upon the plan or method adopted by the user.
(1) 
Plan 1. Under this plan the equipment, facilities and method of washing shall be as follows: washing equipment shall consist of two separate adjoining compartments, one of which must have connected to it running hot water and the other compartment need have only a running cold water connection. All water inlets shall be at least one inch above the top level of the compartments or sink. All sinks and compartments shall be provided with a standing plug outlet. The compartments shall contain in the following order:
(a) 
Hot water for washing. The minimum temperature of this water shall be at least 110° F. and such water shall contain an adequate amount of soap or detergent for proper cleansing. The water shall be changed when it becomes dirty.
(b) 
Chlorine disinfectant in such quantity as to yield approximately 200 parts per million of available chlorine into which all dishes and utensils washed shall be immersed for at least 30 seconds. Any other bactericidal agent accomplishing the same results, to the satisfaction of the Board, may be used.
(c) 
Fresh water into which all dishes and utensils may be rinsed after immersing in chlorine disinfectant and then drained. Towel drying is not permitted.
(2) 
Plan 2. Under this plan the equipment, facilities and method shall be as follows:
(a) 
All glasses, dishes and other utensils shall be washed in warm water after each service until clean to the sight and touch. The temperature of this water shall be at least 110° F. and such water shall contain an adequate amount of soap or detergent for proper cleansing. The water shall be changed when it becomes dirty.
(b) 
After such washing, all glasses, dishes and utensils shall be placed in wire cages or baskets and subjected by immersion for at least two minutes to the bactericidal action of water heated to a minimum temperature of 180° F.
Except as herein stated either in Plan 1 or Plan 2, no other equipment, facilities, method or plan shall be employed for the washing of dishes, glassware or utensils in food establishments without the approval of this Board. The Board may, however, grant by written permission the right to any food establishment to use another plan or method for washing of dishes, glassware or utensils if it is satisfied that such plan or method will be equally as effective as the plans or methods herein set forth.
G. 
Rule 7. Plates, cups, saucers, dishes, crockery, chinaware or enamelware which is cracked, chipped or broken shall not be used to contain food or drink.
H. 
Rule 8. All racks, trays or other places where dishes, utensils or other food containers are stacked or stored shall daily be washed with some disinfectant or wiped with a damp cloth containing a disinfectant, such disinfectant to be approved by this Board.
I. 
Rule 9. Single-service containers or utensils. Food establishments not having adequate facilities for washing and disinfecting dishes and other utensils shall provide containers of utensils of a single-service nature for serving food or drink. Such containers or utensils shall be discarded after use by each individual and, before use, shall be kept or stored in such manner as to prevent contamination.
J. 
Rule 10. All straws, spoons, dishes or other articles used in connection with food in any food establishment shall be protected at all times to prevent contamination by dust, dirt or flies and all unnecessary handling.
K. 
Rule 11. All sugar used for customer consumption in food establishments shall be contained in and dispensed from devices approved by this Board. All tablet or loaf sugar shall be individually wrapped.
L. 
Rule 12. All food shall be kept or stored in rodent-proof and insect-proof containers or in places inaccessible to rodents or insects.
M. 
Rule 13. A perishable food and drink shall be kept below 50° F. or above 150° F. except when being prepared or served; such temperatures shall be maintained while in vehicles used for transporting same. Hot prepared food and drink may be air-cooled down to 150° F.; but for holding and storage below the point of 150° F., the food and drink must be reduced to a temperature of 50° F. or lower in a period not to exceed one hour.
N. 
Rule 14. All food establishments, so far as the same may be practicable, shall be kept free from rats, mice, roaches and other vermin.
No person shall sell, place or display any food or food products outside of any building except raw fruits or raw vegetables, which may be sold, placed or displayed outside of any building, provided that such raw fruits and vegetables shall be placed on stands at least 18 inches above the sidewalk or ground, and further provided that this does not violate any ordinance of this municipality.
No person shall sell or transport for sale any food, except fruit and vegetables, in any vehicle or device unless the same be wrapped, packaged or covered in such manner as to adequately protect the contents from dust, dirt and all foreign or injurious contamination, and such food, while in such vehicle or device, shall not be removed from the wrapper or package. The Health Officer or any Sanitary Inspector may intercept any vehicle so employed for the purpose of sanitary inspection and may take therefrom any food as a sample upon tender of proper payment.
A. 
No cream puffs, eclairs, napoleons, cream pies, cream-filled layer cakes or any other products containing custard or whipped cream filling shall be sold or stored except the same be kept in a storage compartment the maximum temperature of which is no greater than 50° F., provided the same may be delivered from manufacturer to retailers or consumers by special, uninterrupted delivery without continuous refrigeration if such delivery shall be made within two consecutive hours.
B. 
Only pasteurized milk or cream shall be used in the preparation of custard- or cream-filled bakery products. The mix shall be cooked at a temperature of no less than 140° F. for a period of 30 consecutive minutes and shall be cooled without delay to 50° F. or below until used.
No person shall store or sell for human consumption any infertile or other nonhatchable egg or eggs taken from an incubator after exposure to hatchable temperatures.
No person shall sell any food which has been returned to any food establishment unless said food has been returned unopened and in its original package.
No person in charge of or in control of any park, playground, railroad station, theater, hotel, factory or any public place shall furnish or permit any common drinking cup or utensil to be used.
Every owner or person in charge of every food establishment shall require all employees to be clean and to wear clean clothing at all times while working in such establishment and shall permit no person to work or to be employed therein who is infected with any communicable disease or suspected of harboring the causative agent thereof. All food handlers shall wash their hands with soap and hot water immediately after using toilet facilities.
A. 
Any person subject to this article shall, whenever required by this Board, submit himself to a medical examination as this Board may order. The Board may, if it deems necessary, order such person to cease employment until its order has been complied with.
B. 
All persons handling, processing or packaging food or drinks shall be chest X-rayed every year.
A. 
No person shall construct, maintain or operate a well or spring, the water of which is used for domestic purposes, whether for drinking, washing or other domestic use in a business establishment, without first obtaining permission from this Board so to do.
B. 
No person shall construct or maintain any well or other supply of water used for drinking or household purposes which does not meet the standards of quality and quantity as required by the New Jersey State Department of Health, or which is so situated, constructed or maintained that it may become so polluted, except premises occupied exclusively by the owner or immediate members of the family.
C. 
No person shall sell or distribute water for drinking purposes in containers or devices without first obtaining permission from this Board so to do. Such person shall furnish to this Board such information as may be required of him by the Board concerning the source of his water supply and shall notify this Board immediately of any change of his source of water supply before selling or distributing any water from such new source of supply. Where permission is granted by this Board to sell or distribute water for drinking purposes in containers or other devices, such person shall furnish this Board with samples for analysis in such manner as this Board may require. All water dispensers, coolers, containers or devices used in connection with the sale or distribution of drinking water shall meet with the approval of this Board.
A. 
No impure ice or ice cut from a polluted pond, lake or stream, and no ice manufactured from impure water, shall be used or sold in this municipality; provided, however, that such ice may be used for cold storage or manufacturing purposes only, upon written permission of this Board.
B. 
No person shall sell any ice in this municipality without first obtaining a permit therefor from this Board.
This Board or its official representatives in the performance of any duty imposed by this chapter shall have full access to any place, container or conveyance used in the production, manufacture, packing, storage, transportation, handling, distribution or sale of any food or drug, and may examine and open any package or container which is believed to contain any food or drug manufactured, sold, exposed for sale or had in possession with intent to sell in violation of any provision of this chapter and inspect the contents thereof and take therefrom samples for analysis.
Every person who shall distribute or sell, or offer for distribution or sale, or have in his possession with intent to distribute or sell, any food or drug, shall, on request and tender of the value by this Board or its official representatives, deliver so much thereof to this Board as it may request as a sample.
If such request is not immediately complied with, this Board or its official representative may demand and take so much of the food or drug as it may think necessary, tendering to the person in charge what it deems to be reasonable value.
Whenever any food or any substance intended to be used in the preparation of food is found being offered or exposed for sale or held in possession with intent to sell which is unfit, in the opinion of this Board, for human use or likely to cause any illness or transmit any disease, this Board shall order the same denatured, removed and disposed of, and it shall be the duty of the owner or person in charge of such substance to remove immediately and dispose of it at his own expense, according to the direction of this Board. In case the owner or person in charge shall fail to remove immediately and dispose of such substance as ordered, the same shall be caused to be denatured, removed and disposed of by this Board at the expense of said owner or person in charge.
Whenever the owner or person in charge of any food establishment shall fail to keep such food establishment in a sanitary condition after being notified so to do by this Board, or whenever such food or drink or the sale of the same is likely to cause or transmit disease, this Board shall have the power to order closed such food establishment until it shall be put in a sanitary condition or the food or drink or the sale of same shall be no longer likely to cause any illness or transmit disease. Such owner or person in charge of any food establishment so ordered closed shall immediately comply with and obey such order and shall not conduct further operations until permission has been granted by this Board.
Whenever the Health Officer finds or has probable cause to believe that any food, drug, device or cosmetic is adulterated or so misbranded as to be dangerous or fraudulent within the meaning of the food, drug and cosmetic laws of the New Jersey Department of Health, he shall affix to such article a tag or other appropriate marking, giving notice that such article is or is suspected of being adulterated or misbranded and has been detained or embargoed, and warning all persons not to remove or dispose of such article by sale or otherwise until permission for removal or disposal is given by the Health Officer or the court. It shall be unlawful for any person to remove or dispose of such detained or embargoed article by sale or otherwise without such permission.