[HISTORY: Adopted by the Board of Health of the Township of Byram as indicated in article histories. Amendments noted where applicable.]
As used in this article, the following terms shall have the meanings indicated:
- FOOD ESTABLISHMENT OPERATOR
- The individual proprietor or the agent of the partnership, corporation, firm or organization directly responsible for the overall management of a retail food establishment
- FOOD HANDLER
- Any person, whether employer or employee, who handles food or drink during preparation or serving or who comes in contact with any eating, drinking or cooking utensil or who works in a room in which food or drink is prepared or served.
- FOOD SERVICE MANAGER
- Any person responsible for the immediate supervision of food handlers and other workers involved in the sanitary maintenance of a retail food establishment. In an establishment having no employees or a single employee, the food service manager is the food establishment operator or the single employee.
- RETAIL FOOD ESTABLISHMENT
- Any fixed or mobile restaurant; coffee shop; cafeteria; short-order cafe; luncheonette; grill; tearoom; sandwich shop; soda fountain; tavern; bar; cocktail lounge; nightclub; roadside stand; industrial feeding establishment; private, public or nonprofit organization or institution serving food; catering kitchen; commissary; box-lunch establishment; retail bakery; meat market; delicatessen; grocery store; public food market; or similar place in which food or drink is prepared for retail sale or for service on the premises or elsewhere; and any other retail eating or drinking establishment or operation where food is served, handled or provided for the public with or without charge.
The staff of every retail food establishment shall include at least one certified food service manager. An establishment shall not be issued a retail food establishment license unless its staff includes a certified food service manager.
A person seeking certification as a food service manager shall make application for certification to the Secretary of the Board of Health on forms provided by the Secretary of the Board of Health prior to assuming duties as a food service manager.
Upon the filing of an application with the Secretary of the Board of Health, the name of the applicant shall be placed on a temporary certification register. Such temporary certification shall be valid until the next scheduled approved course and examination are offered.
The Board of Health may waive the requirements of an approved course and examination and may certify a food service manager holding a current certification from another agency with substantially equivalent standards.
Certification as a food service manager shall expire on January 31 of each year unless extended or earlier terminated as hereinafter stated.
Certification as a food service manager may be renewed upon application made on forms provided by the Secretary of the Board of Health at least 30 days prior to expiration. The requirements for such certification renewal shall be the same as for initial certification, except that an applicant for certification renewal may request that the course requirements be waived. If the Board of Health shall grant such waiver, certification shall be renewed upon the applicant's successful completion of an approved written examination.
After a food service manager has renewed certification one time, subsequent renewals shall be issued without further action on the part of the food service manager, provided that certification is not otherwise terminated.
The Board of Health shall, from time to time, cause inspections to be conducted and/or samples to be collected to determine an establishment's compliance with Chapter 12 of the New Jersey State Sanitary Code. The certification of all food service managers employed in the establishment shall terminate forthwith if inspection results in the following:
The reinstatement of certification as a food service manager shall require compliance with the requirements of initial certification as a certified food service manager.
Certified food service managers shall be responsible for training food handlers under their supervision in the basics of food sanitation. Food establishment operators shall be responsible that organized training activities are conducted for the training of all food handlers employed by the retail food establishment
The Board of Health shall monitor training activities conducted by the retail food establishment and shall, where practicable, assist food service managers and food establishment operators in developing an effective food handlers' training program.
The fees for certification of a food service manager are fixed as follows:
A code regulating retail food establishments and fixing penalties for violations is hereby established pursuant to N.J.S.A. 26:3-69.1 through 3-69.6. A copy of said code is annexed hereto and made a part hereof without the inclusion of the text thereof herein.
The code established and adopted by this article is described in and commonly known as "Chapter XII of the New Jersey State Sanitary Code, Sanitation in Retail Food Establishments and Food and Beverage Vending Machines," promulgated by the New Jersey Department of Health, and such amendments thereto as may be hereafter promulgated.
Three copies of Chapter XII of the New Jersey State Sanitary Code, Sanitation in Retail Food Establishments and Food and Beverage Vending Machines, have been placed on file in the office of the Secretary of the Board of Health and the Township Clerk for the use and examination of the public.
It shall be unlawful for any person or any body corporate to conduct a retail food establishment as defined herein without first having procured a license from the local Board of Health so to do or without complying with any or all of the provisions concerning operation and maintenance of the same as contained in the aforementioned Chapter XII.
[Amended 10-3-1988 by Ord. No. 6-1988; 3-5-1990 by Ord. No. 4-1990; 5-14-2002 by Ord. No. BH2-2002]
Fees for the licensing of retail food establishments are as follows:
The annual fee for a permanent retail food establishment is $150.
The annual fee for a retail food establishment whose only products are factory-sealed or prepackaged food products that do not require refrigeration is $65.
The fee for a temporary retail food establishment is $65.
Any retail food establishment which does not receive a satisfactory rating at any inspection which requires a reinspection shall be charged a fee of $50 for each reinspection.
A potential applicant for a permit to operate either a permanent or temporary retail food establishment shall pay a fee of $25 in order to secure a review of the proposed floor plans for the establishment by an authorized agent of the Board of Health prior to or simultaneously with the application for said permit. The amount paid by the applicant for this review shall not be credited toward the cost of the annual license.
Any license issued under the terms and provisions of this article may be suspended or revoked by the Board of Health for the violation by the licensee of any provision of this article or whenever it shall appear that the business, trade, calling, profession or occupation of the person, firm or corporation to whom such license was issued is conducted in a disorderly or improper manner or in violation of any law of the United States, the State of New Jersey or any ordinance of the municipality or that the person or persons conducting the retail food establishment are of an unfit character to conduct the same or that the purpose for which the license has been issued is being abused to the detriment of the public or is being used for a purpose foreign to that for which the license was issued.
A license issued under the terms and provisions of this article shall not be revoked, cancelled or suspended until a hearing thereon shall have been had by the Board of Health. Written notice of the time and place of such hearing shall be served upon the licensee at least three days prior to the date set for such hearing. Such notice shall also contain a brief statement of the grounds to be relied upon for revoking, canceling or suspending such license. Notice may be given either by personal delivery thereof to the person to be notified or by depositing it in the United States Post Office in a sealed envelope, postage prepaid, addressed to such person to be notified at the business address appearing upon said license. At the hearing before the Board of Health, the person aggrieved shall have an opportunity to answer and may thereafter be heard, and upon due consideration and deliberation by the Board of Health, the complaint may be dismissed, or if the Board of Health concludes that the charges have been sustained and substantiated, it may revoke, cancel or suspend the license held by the licensee.
If any such license shall have been revoked, neither the holder thereof nor any person acting for him, directly or indirectly, shall be entitled to another license to carry on the same business within the municipality unless the application for such license shall be approved by the Board of Health.