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Township of Wayne, NJ
Passaic County
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Table of Contents
Table of Contents
[Ord. No. 2-2018]
As used in this article, the following terms shall have the meanings indicated:
FOOD
Includes any substance used or intended to be used as food or drink for human consumption.
FOOD MANAGER'S CERTIFICATE
A certificate for the successful completion of an accredited food protection manager's certification program recognized by the Conference for Food Protection and approved by the Health Officer.
RETAIL FOOD ESTABLISHMENT OR ESTABLISHMENT
Any operation that stores, prepares, packages, serves, vends or otherwise provides food for human consumption on or off the premises.
PERSON IN CHARGE (PIC)
The individual present at a retail food establishment who is responsible for the establishment during all hours of operation.
[Ord. No. 2-2018]
The control of all food establishments in Wayne Township shall be conducted as set forth in N.J.A.C. 8:24-1.1 et seq., Sanitation in Retail Food Establishments and Food Vending Machines.
[Ord. No. 53-2014; Ord. No. 2-2018]
The Health Department shall provide a food safety certification program accredited by the Conference for Food Protection at a minimum of once per year. The Health Officer shall also grant reciprocity to other accredited food safety protection training courses determined to be equivalent to the course given by the Wayne Health Department.
[Ord. No. 53-2014; Ord. No. 2-2018]
A.ย 
All retail food service establishments shall have in their employ at least one full-time Person in Charge (PIC) that has successfully completed an accredited food safety protection program.
B.ย 
No new establishment or existing establishment which has changed ownership shall operate for more than 60 days without the Person in Charge employed in that establishment successfully completing an accredited food safety protection program.
C.ย 
No new establishment or existing establishment which has changed ownership shall operate for more than six months without having the Person in Charge in that establishment successfully complete an accredited food safety protection program.
D.ย 
All establishments must notify the Health Officer within 60 days when the employment of a certified Person in Charge is terminated and, at the same time, indicate what measures are being taken to comply with this article.
E.ย 
Persons to be employed as or promoted to the position of Person in Charge shall successfully complete an accredited food safety protection program prior to employment or promotion or the establishment owner's representative must register said person for participation in the next available food safety protection program unless there is already one certified Person in Charge on the premises.
F.ย 
The cost of such accredited food safety protection program shall be borne by the applicant and is as provided in Chapter 75, Fees, for certification.
G.ย 
No person to whom a safety manager's certificate is issued shall give, load, transfer or permit the same to be used by any other person for any purpose whatsoever.
[Ord. No. 2-2018]
A.ย 
A valid food safety certificate shall be posted, along with the latest inspection placard, in a conspicuous location near the entrance of each establishment. Certificates which have become expired, suspended or revoked shall not be posted in the retail food service establishment.
[Ord. No. 53-2014]
B.ย 
The Health Officer may revoke or suspend the certificate of a retail food service establishment manager who is determined to be incompetent or unable to properly perform the duties of a certified manager or who has been negligent in the discharge of his/her duties or responsibilities. Before taking action to revoke or suspend certification, the Health Officer shall provide the manager with due notice and an opportunity for a hearing.
[Ord. No. 2-2018]
A.ย 
The Wayne Health Department finds that certain food services pose a minimal risk due to the lack of a certified food safety manager, due to the unique or limited nature of the food handling and preparation or the infrequency of said events. Exemptions included are agricultural markets; public or semipublic covered dish suppers: and routine meal functions of religious, nonprofit or charitable institutions.
[Ord. No. 53-2014]
B.ย 
Organizations holding exempt functions as defined in this section shall notify the Wayne Health Department about planned exempt functions at least one week prior to the event.
C.ย 
The Health Officer may exempt categories of retail food service establishments from the certification requirements if the Health Officer determines that such exemption will not jeopardize the public health.
[Ord. No. 2-2018]
Any person who violates any provision of this article shall, upon conviction, be liable to the penalties stated in Chapter 1, Section 1-15.
[Ord. No. 2-2018]
In addition to the penalty prescribed above, any license(s) issued for a retail establishment may be revoked or renewal denied for cause after a summary hearing before the Health Officer.