[HISTORY: Adopted by the Board of Health of the Township of Hampton 3-18-1975; amended in its entirety 7-21-2009 by Ord. No. 2009-07. Subsequent amendments noted where applicable.]
GENERAL REFERENCES
Board of Health — See Ch. 13.
Board of Health Fees — See Ch. 111.
Public Health nuisances — See Ch. 120.
A. 
Chapter 24, Sanitation in Retail Food Establishments and Food and Beverage Vending Machines (effective date January 2, 2007), N.J.A.C. 8:24-1.1 et seq., and any amendments thereto and as it may be amended or supplemented in this chapter, is hereby adopted by reference.
B. 
Chapter 24, Sanitation in Retail Food Establishments and Food and Beverage Vending Machines (effective date January 2, 2007), N.J.A.C. 8:24-1.1 et seq., and any amendments thereto and as it may be amended or supplemented in this chapter, is hereby incorporated in this chapter by reference and made a part hereof as though it had been set forth at length herein. A copy of said code is annexed hereto and made a part hereof without inclusion of the text herein.
Three copies of Chapter 24, N.J.A.C. 8:24-1.1 et seq., have been placed on file in the office of the Board of Health Secretary and shall remain on file in such office for the use and examination by the public.
As used in this chapter, the definitions and terms as set forth in N.J.A.C. 8:24-1.5, Definitions, as supplemented herein, shall have the meaning indicated and apply:
CERTIFIED FOOD PROTECTION MANAGER
- A person in charge in a Risk Type 3 food establishment who has obtained certification pursuant N.J.A.C. 8:24-2.1(b).
FOOD EMPLOYEE OR HANDLER
An individual working with unpackaged food, food equipment or utensils, or food-contact surfaces.
FOOD ESTABLISHMENT OPERATOR
An individual, firm, partnership, company, corporation, trustee, association or any public, private or other legal entity responsible for the operation and/or management of a retail food establishment.
PERSON IN CHARGE
The individual present at a retail food establishment who is responsible for the operation at the time of inspection.
RETAIL FOOD ESTABLISHMENT
An operation that stores, prepares, packages, serves, vends, or otherwise provides food for human consumption as defined in N.J.A.C. 8:24-1.5
No person shall operate a retail food establishment, as defined in N.JA.C. 8:24-1.5, within the Township of Hampton without first having applied for and received a license to operate a retail food establishment from the Board of Health and having a certified person in charge on staff as required by this chapter. Proof of certification of the person in charge shall be provided with the application.
Each license to operate a retail food establishment issued pursuant to this chapter shall expire on December 31 of each year. No license shall be issued for a period greater than one year at any one time. An application made during the last six months of the license year shall be accompanied by a fee of 1/2 the amount of the annual fee. Licenses shall not be transferable.
A. 
Person-In-Charge certification.
(1) 
Every retail food establishment shall be required to have at least one certified person in charge per operating shift who has obtained certification by attending and successfully completing a course approved by the Board of Health and the Sussex County Department of Environmental and Public Health Services on the principles of food sanitation. The Board of Health may certify a person in charge holding a current certification from another agency with substantially equivalent standards. Certification as a person in charge shall expire five years from the date of certification. An applicant may request that the course be waived. In order for a waiver to be granted, the applicant must successfully pass the examination for certification.
(2) 
A nonprofit organization which serves food to the public shall, each calendar year, designate a person who shall serve as the person in charge for said organization. The person so designated as the person in charge shall be required to comply with the provisions of this chapter.
B. 
Food handler/employee certification.
(1) 
All food handling staff is required within two months after starting employment at a food establishment to become certified in food handling by taking an educational class in food handling which is approved by the local Board of Health and/or the Sussex County Department of Environmental and Public Health Services. This certificate must be renewed once every five years. If the food handler has a current certificate as a food protection manager, this may be accepted in place of the food handling certificate.
(2) 
Commercial establishments which sell only prepackaged foods are exempt from certification requirements.
C. 
Certified food protection manager.
(1) 
By January 2, 2010, at least one person in charge in a Risk Type 3 food establishment shall be a certified food protection manager who has shown proficiency in required information through obtaining a food safety certificate by passing a food safety certification examination administered by an accredited certifying program recognized by the Conference for Food Protection. See N.J.A.C. 8:24-2.1(b).
(2) 
Certifications for food protection managers shall expire five years from date of certification. Certified food protection managers shall maintain the currency of the food safety certificate by following the accredited certifying program's requirements for renewal.
The responsibilities of persons in charge are set forth in N.J.A.C. 8:24-2.1 and include but are not limited to the training of food employees under their supervision in the basics of food sanitation. The food establishment operator shall be responsible for seeing that each food employee is a certified food handler and has a food handler's certificate in accordance with § 115-6. Proof of the certification of the food handlers shall be provided during Health Department inspections.
A. 
All retail food establishments shall be operated in compliance with the provisions of this chapter, N.J.A.C. 8:24-1.1 et seq., and Title 24 of the Revised Statutes of New Jersey.
B. 
The Health Department through its authorized agent shall inspect every retail food establishment at least once a year or as often as it deems necessary. The person operating the retail food establishment shall permit access to all parts of the establishment.
C. 
The certificates of all persons who are in charge and the retail food license shall be prominently posted at all times in the retail food establishment. On and after January 2, 2010, the certificate of the certified food protection manager shall also be prominently posted.
D. 
The following procedures shall be established for the suspension and/or revocation of licenses and for hearings. Licenses issued pursuant to this chapter may be suspended and/or revoked by the Board of Health and/or through its authorized agent for any violation of provisions of this chapter, the New Jersey State Sanitary Code or Title 24 of the Revised Statutes of New Jersey.
(1) 
When the Board of Health or its duly authorized agent has reason to suspect that any retail food establishment is or may be a source of food-borne infection or is in violation of the provisions of the Code, it shall advise the operator, manager or employees thereof accordingly and order that appropriate action be taken which will eliminate the source of infection and/or code violations. In the event that such action is not taken immediately, the Board of Health and/or its authorized agent may cause an order to be issued requiring the establishment to be closed in order to protect the public health. The order for immediate closure shall provide the alleged violator an opportunity to be heard within a reasonable time, not to exceed 15 days, while the order remains in effect.
(2) 
Any person or entity aggrieved by the denial of a license to operate a retail food establishment or by an order seeking the suspension or revocation of a license to operate a retail food establishment other than an immediate closure order as set forth in Subsection D(1) above shall have the right to appeal said license denial or proposed suspension or revocation to the Board of Health. The notice of denial and/or the order providing for the suspension or revocation of the license to operate shall set forth that the operator shall have the right to appeal by serving a written notice of appeal upon the Secretary of the Board of Health within 15 days of receipt of said notice or order. The Board of Health shall set a time and place for a hearing of the appeal within a reasonable time, not to exceed 30 days, after receipt of the notice of appeal.
(3) 
At any hearing of the Board of Health held pursuant to this section, the licensee or appellant may be represented by counsel and may present evidence, including testimony of witnesses on his behalf.
The following fees shall apply:
A. 
Retail food establishment license.
(1) 
Annual license fee: $100.
(2) 
Mobile retail food establishment annual fee: $500.
(3) 
Temporary license not to exceed 10 days: $25.
(4) 
Recertification upon health violations: 50% of original license fee.
(5) 
Religious and/or nonprofit organizations: no charge.
B. 
Nonprofit exemptions. No fee shall be charged for a permit to a church, school or nonprofit organization, society or group; provided, however, that this fee exemption shall not apply to a commercial caterer serving food at a function of any such organization. An applicant may be required, at the discretion of the Board's Secretary, to produce a tax exemption certificate or other proof of nonprofit status.
Any person, firm, corporation or association violating any provisions of this chapter shall, upon conviction thereof, be subject to the fines and penalties as set forth in § 1-14.1 of the Code of Hampton Township.