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.
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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.
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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.