[HISTORY: Derived from Ch. BH:IV of the 1974
Code. Amendments noted where applicable.]
A code regulating retail food-handling establishments
provided for the inspection of such establishments and fixing penalties
for violations is hereby established pursuant to N.J.S.A. 26:3-69.1
to 26:3-69.6. A copy of the code is annexed hereto and made a part
hereof without the inclusion of the text thereof herein.
[Amended 6-28-2011 by Ord. No. O-11-20]
The code established herein is known as the
"Sanitation in Retail Food Establishments and Food and Beverage Vending
Machines of New Jersey Administrative Code 8:24."
[Amended 6-28-2011 by Ord. No. O-11-20]
All temporary and mobile retail food establishments must operate
under the requirements and regulations established in New Jersey Administrative
Code 8:24, subject to the approval and inspection of the local health
department.
[Amended 6-28-2011 by Ord. No. O-11-20]
Three copies of the Sanitation in Retail Food
Establishments and Food and Beverage Vending Machines of New Jersey
Administrative Code 8:24 have been placed on file in the office of
the Health Officer of the Board of Health and shall remain on file
for the use and examination of the public.
[Amended 6-28-2011 by Ord. No. O-11-20]
No person shall operate a permanent retail food
establishment, mobile retail food establishment, agricultural market,
or temporary retail food establishment unless a license, or approval
of an existing license to operate same is issued by the Board of Health.
Additionally, the necessary inspection must be performed by the Board
of Health prior to the issuance or renewal of any such license. Such
license, or approval of an existing license, shall be posted in a
conspicuous place in such establishment.
The following classifications of retail food
establishments are hereby established:
A.
"Permanent retail food establishment" is any fixed
coffee shop; cafeteria, short-order cafe; luncheonette; grill; tearoom;
sandwich shop; soda fountain; tavern; bar; cocktail lounge; night
club; 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.
B.
"Mobile retail food establishment" is any movable restaurant, truck, van, trailer, cart, bicycle or other movable unit including hand carried, portable containers in or on which food or beverage is transported, stored, or prepared for retail sale or given away at temporary locations. Mobile retail food establishment licenses are issued for the specific purpose of providing necessary service to construction sites and isolated industrial locations therefor, mobile food establishments shall not operate within 1,000 feet of any permanent retail food establishment, excepting that mobile food establishments renting space at markets and special functions will not be governed by this requirement. See Chapter 223 for applicable rules and regulations with respect to same. The definition set forth herein shall be read in conjunction with the definition set forth in § 223-1.
[Amended 6-28-2011 by Ord. No. O-11-20]
C.
"Agricultural market" is any fixed or mobile food
establishment which is engaged in the sale of raw agricultural products,
but may include as a minor portion of the operation the sale of factory-sealed
or prepackaged food products that do not normally require refrigeration.
D.
"Temporary retail food establishment" is any retail
food establishment which operates at a fixed location for a temporary
period of time in connection with a fair, carnival, circus, public
exhibition, or similar transitory gathering, including church suppers,
picnics, or similar organizational meetings, mobile retail food establishments,
as well as agricultural markets.
Licenses issued or approved shall expire annually
on June 30, and application for renewal thereof shall be submitted
together with the required fee prior to July 1.
[Amended 8-12-2008 by Ord. No. O-08-25]
A licensing schedule as set forth in Chapter 139, Fees, shall apply for the classifications of retail food establishment as defined hereinbefore.
A license or approval of license may be suspended
or revoked for a violation by the holder of any provision of this
chapter or code after an opportunity for a hearing by the Board of
Health or its authorized representative.
A license, or approval of a license issued by
another Board of Health, is not transferable.
