[HISTORY: Adopted by the Board of Health of the Township of Cranbury 1-2-1992 by Ord. No. OH 12-91-02. Amendments noted where applicable.]
[4-10-2023 by Ord. No. 03-23-08]
All retail food establishments shall comply with Chapter 24 (N.J.A.C. 8:24) entitled “Sanitation in Retail Food Establishments, Food and Beverage Vending Machines and Cottage Food Operations”; and all violations are hereby declared to be nuisances hazardous to health.
A. 
It shall be unlawful for any person(s) or any body corporate to conduct a retail food establishment, as defined in and governed by Chapter 24 (N.J.A.C. 8:24) entitled “Sanitation in Retail Food Establishments, Food and Beverage Vending Machines and Cottage Food Operations,” without first having procured a license from the Board of Health, or to conduct said activities without complying with any or all of the provisions concerning Chapter 24.
[4-10-2023 by Ord. No. 03-23-08]
B. 
The annual license fee to be paid for conducting a retail food establishment and mobile food vendor license shall be the sum of $50. If said annual license fee is not paid within 30 days of its due date, the fee shall be increased to the sum of $100. The fee for a temporary food license or cottage operator license shall be the sum of $25.
[4-10-2023 by Ord. No. 03-23-08]
C. 
The license granted by the Board of Heath shall expire on the 31st day of December of each year.
D. 
Houses of worship or nonprofit clubs or organizations that serve or sell foods or meals are exempt from the annual food license fee.
[Added 3-27-2017 by Ord. No. 03-17-04]
E. 
Pursuant to N.J.A.C. 5:70-2.7(a), no mobile food vendor shall operate within the borders of the Township of Cranbury without having applied for a permit then inspected and found to be in compliance by the Fire Safety Bureau. The required fee shall be paid for at the time of application. No fee payment will be accepted at the time of the inspection. No permit shall be issued without an in-person inspection taking place. Pursuant to N.J.A.C. 5:70-2.7(f): The Fire Official may deny or revoke a permit at any time. A new fire safety application, permit and related fees are required for every individual event.
[4-10-2023 by Ord. No. 03-23-08]
[Added 6-2-1994[1]]
A. 
Definitions. As used in this chapter, the following terms shall have the meanings indicated:
COTTAGE FOOD OPERATOR
A person or entity who holds a New Jersey cottage food operator permit authorized to produce cottage food products in the private kitchen of the operator’s residence and at no other locations and to distribute cottage food products to consumers thereof without being subject to initial or periodic inspection by a health authority and other requirements applicable to retail food establishments pursuant to Chapter 24 (N.J.A.C. 8:24).
[4-10-2023 by Ord. No. 03-23-08]
MOBILE RETAIL FOOD ESTABLISHMENT
Any movable restaurant, truck, van, trailer, cart, or other movable unit, including hand-carried, portable containers in or on which food or beverage is transported, stored, or prepared for retail sale at temporary locations by a retail food establishment.
MOBILE FOOD VENDOR
Any automobile, truck, or other motor-powered vehicle, owned and operated, or contracted with an approved, licensed retail food establishment that is in good standing with the health authority in which the establishment is located, that offers or provides cooked or prepared food to individuals from a temporary, but stationary, location.
[4-10-2023 by Ord. No. 03-23-08]
MOBILE FOOD VENDOR LICENSE
Any license issued under this chapter to a mobile food vendor.
[4-10-2023 by Ord. No. 03-23-08]
POTENTIALLY HAZARDOUS FOOD
Any food which consists in whole or in part of milk or milk products, eggs, meat, poultry, fish, shellfish, edible crustacea, raw seed sprouts, heat-treated vegetables and vegetable products, or other ingredients, including synthetic ingredients in a form capable of supporting rapid and progressive growth of infectious or toxigenic microorganisms, or the slower growth of C. botulinum. The term does not include foods which have a pH level of 4.6 or below or a water activity (aw) value of 0.88 or less.
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; snack bar; catering kitchen; commissary; box lunch establishment; retail bakery; meat market; delicatessen; grocery store; public food market, or any similar place in which food or drink is prepared for retail sale or 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 for charge; provided, however, that retail food establishment shall not include foods or meals served or sold by houses of worship or nonprofit clubs or organizations.
TEMPORARY FOOD LICENSE
Any outside mobile food vendor not having an annual mobile food vendor license with the Township of Cranbury may apply for a temporary food license for a day. The application and specifications in obtaining a temporary food license can be found in the Township Clerk’s office.
[4-10-2023 by Ord. No. 03-23-08]
B. 
It shall be unlawful for any retail food establishment, fixed, temporary or mobile, to serve potentially hazardous food products within the Township of Cranbury unless and until one or more supervisory personnel are certified in food safety and sanitation at least once every three years through a course of instruction approved by the State Department of Health.
C. 
If shall be the responsibility of the owner, operator or supervisory personnel in immediate charge of the food preparation or food handling at a retail food establishment, fixed or mobile, to provide proof of such program completion to the satisfaction of any authorized sanitary inspector requesting the same.
D. 
In addition to such other actions authorized by the New Jersey State Sanitary Code, the authorized sanitary inspector is hereby authorized to file a Summons and Complaint against any establishment which does not meet the requirements hereof. Said Complaint shall be in the name of the Township of Cranbury and shall be returnable before, and be under the authority and jurisdiction of the Municipal Court of the Township of Cranbury.
[1]
Editor's Note: This ordinance also provided for the renumbering of former § 163-3 as § 163-4.
Any person who violates any provision of or order promulgated under this chapter shall, upon conviction thereof, be punished by a fine not exceeding $500 or by imprisonment for a term not exceeding 90 days, or both. A separate offense shall be deemed committed on each day during or on which a violation occurs or continues.