[HISTORY: Adopted by the Board of Health
of the Township of Byram as indicated in article histories. Amendments
noted where applicable.]
[Adopted 11-21-1978]
As used in this article, the following terms
shall have the meanings indicated:
The individual proprietor or the agent of the partnership,
corporation, firm or organization directly responsible for the overall
management of a retail food establishment
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.
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.
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.
A.
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.
B.
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.
C.
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.
D.
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.
A.
Certification as a food service manager shall expire
on January 31 of each year unless extended or earlier terminated as
hereinafter stated.
B.
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.
C.
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.
A.
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:
B.
The reinstatement of certification as a food service
manager shall require compliance with the requirements of initial
certification as a certified food service manager.
A.
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
B.
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:
[Adopted 5-17-1983]
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.
[Amended 10-15-1985]
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.
[Amended 10-15-1985]
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.
[Amended 10-15-1985]
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:
A.
The annual fee for a permanent retail food establishment
is $150.
B.
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.
C.
The fee for a temporary retail food establishment
is $65.
D.
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.
E.
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.
A.
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.
B.
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.
C.
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.
