[HISTORY: Adopted by the Municipal Council
of the City of Clifton 12-20-1960 by Ord. No. 3319 as Article 12 of
Chapter 18 of the Revised Ordinances of the City of Clifton, New Jersey,
1960. Amendments noted where applicable.]
[Amended 7-19-1977 by Ord. No. 4417-77]
As used in this chapter, the following terms
shall have the meanings indicated:
Any article of food or drink, a source of food or drink,
a method, a device or a piece of equipment which meets the requirements
of the City Health Department or the State Department of Health.
Any person who handles or comes in contact with food or drink
or who is employed in a room in which food or drink is prepared, and
includes the term "person" as hereinafter further defined.
The Health Officer of the City, or other official possessing
a license issued by the State Department of Health under the provisions
of N.J.S.A. 26:1A-41 who is designated by the City Health Department
to enforce this chapter, except plumbing inspectors and public health
laboratory technicians.
Includes only those wholesale businesses where food is actually
produced and/or manufactured.
Includes any individual, firm, corporation, association,
society, partnership and their agents or employees.
Includes bakeries, meat markets, delicatessens, grocery stores,
candy kitchens, fruit and vegetable stands, retail fish and vegetable
vehicles, meat processors and any other place in which food is handled,
prepared or stored for public consumption, distribution or sale.
Includes all food manufacturers as defined hereinabove and
any establishment which prepares, produces or manufactures food to
be sold to a retail food-handling establishment for public consumption.
A.
The enforcing official may take and examine samples
of food, drink and other substances as often as he deems necessary
for the detection of unwholesomeness, adulteration or contamination.
At the time such samples are taken, a receipt shall be delivered to
the person in charge of the retail food-handling establishment.
B.
The enforcing official may forbid the sale or use
of any food or drink which is, or is suspected of being, unwholesome,
adulterated or contaminated.
C.
The enforcing official may forbid the use of any equipment
or utensils which in his opinion may lead to the adulteration or contamination
of any food or drink with which it may come in contact.
[Added 7-19-1977 by Ord. No. 4417-77]
It shall be unlawful for any retail and/or wholesale
food establishment, as defined in this chapter, to conduct business
within the City of Clifton without first having obtained a license
to conduct said business, which license is to be issued by the Municipal
Council upon application to the City Health Department. Said application
shall be reviewed by the City Health Department, which Department
shall conduct those sanitary inspections as required by this chapter
and shall advise the Municipal Council, in writing, of the compliance
of the applicant with regards to all subsections of this chapter.
Said writing shall contain a recommendation to the Municipal Council
as to whether the aforementioned license shall be issued.
[Added 7-19-1977 by Ord. No. 4417-77; amended 11-2-1981 by Ord. No. 4669-81]
A.
On or subsequent to the effective date of this chapter, all retail and/or wholesale food-handling establishments making either initial or renewal application to the City Health Department shall be required to have one responsible, managerial or supervisory person from each establishment attend a sanitary food-handler's course. The course shall be one approved by the Health Officer of the City of Clifton and the New Jersey State Department of Health. If a retail and/or wholesale food-handling establishment shall receive satisfactory inspection certificates for a period of one full year, said establishment shall, at the discretion of the City Health Officer, be exempted from attendance at the current year's food-handler's course. In all cases where establishments have not received satisfactory inspection certificates for a period of one full year, attendance at the sanitary food-handler's course on a yearly basis shall be mandatory. Failure to attend this course shall make the establishment liable to penalties as contained in § 245-12.
B.
The fee to be paid to the City of Clifton for the
aforesaid course shall be $30 per individual.
[Added 12-16-2003 by Ord. No. 6387-03; amended 2-20-2007 by Ord. No. 6646-07; 5-21-2013 by Ord. No. 7093-13]
[Added 7-19-1977 by Ord. No. 4417-77; amended 11-1-1977 by Ord. No. 4431-77; 3-4-1997 by Ord. No. 5875-97]
A.
The license fee for each establishment or place of
business of the applicant shall be as follows:
[Amended 12-16-2003 by Ord. No. 6387-03; 1-5-2009 by Ord. No. 6788-09; 2-15-2011 by Ord. No.
2930-11; 5-21-2013 by Ord. No. 7093-13; 1-3-2017 by Ord. No. 7344-17]
(1)
Supermarket or minimarket; grocery store.
(a)
Square foot area of 40,000 or more: $875.
(b)
Square foot area of 30,000 to 39,999: $575.
(c)
Square foot area of 20,000 to 29,999: $465.
(d)
Square foot area of 10,000 to 19,999: $325.
(e)
Square foot area of 5,000 to 9,999: $205.
(f)
Square foot area of 2,500 to 4,999: $130.
(g)
Square foot area of less than 2,500: $85.
(2)
Bakery: $125.
(3)
Candy kitchen (sale of packaged candy and soda only): $50.
(4)
Meat market (meat only): $70.
(5)
Delicatessen (sole operation): $60.
(6)
Fruit and vegetable stand (market and stand): $70.
(7)
Food manufacturer (wholesale only): $500.
(8)
For plan review of any retail food-handling establishment as per
the Enforcing Official: $100. All plan review shall be in accordance
with N.J.A.C. 8:24, Chapter 24, Subchapter 9, Review of Plans.
B.
Licenses under this chapter shall be issued for a
term of one year commencing on January 1 and expiring on December
31 of the year of its issuance unless sooner revoked.
[Amended 6-19-2007 by Ord. No. 6669-07; 1-3-2017 by Ord. No.
7344-17; 7-3-2018 by Ord. No. 7458-18]
A.
The enforcing official shall inspect as often as he
deems necessary every retail food-handling establishment. The person
operating a retail food-handling establishment shall permit access
to all parts of the establishment and shall make available all records
of food purchases upon request of the enforcing official.
C.
Every establishment must post the most current evaluation placard
issued by the Health Department according to the following requirements:
(1)
The evaluation placard must be posted conspicuously in one of the
following prominent locations, clearly visible to the patron entering
the establishment:
(a)
The main entrance door, from four to six feet of the ground
or floor.
(b)
A front window within three feet of the main entrance.
(c)
A display case mounted on the outside wall within three feet
of the main entrance.
(d)
If there is no main entrance door, front window or a display
case mounted on the outside wall within three feet of the main entrance,
directly below a wall-mounted menu.
(2)
The placard shall not be defaced, marred, camouflaged, or hidden
from public view.
Every retail food-handling establishment shall
comply with the following requirements:
A.
The premises shall be kept clean and free of litter
or rubbish. No operation of said business shall be conducted in any
room used as living or sleeping quarters. Adequate lockers or dressing
rooms shall be provided for employees' clothing and shall be kept
clean. Soiled linens, coats and aprons shall be kept in containers
provided for this purpose. Signs shall be posted in each toilet and
other rooms used by employees and in the kitchen indicating the requirements
for washing the hands, arms and other exposed surface of the body
which may contact food after a bodily function or some other contaminating
contact.
B.
The floors, walls, ceilings, shelving, partitions,
windows, doors and other surfaces shall be made of or coated with
a washable surface material, which shall be kept clean and in good
repair in those rooms in which food or drink is stored or prepared
or in which utensils are washed or in which toilet and lavatory facilities
are provided. Every room shall be properly lighted, drained, plumbed
and ventilated and shall be kept free of insects, vermin and other
animals.
C.
When any such establishment is subject to infestation
by insects, vermin or other pests, a rodent- and insect-control program
must be maintained continually. When requested, records of times and
methods used must be available.
D.
Running hot and cold water under pressure shall be
easily accessible to or in all rooms in which food is prepared or
utensils are washed. The water supply system shall be adequate as
to quantity and quality and meet the potable water standards adopted
by the State Department of Health.
E.
There shall be adequate and properly located toilet
facilities in accordance with N.J.A.C. 5:23-3.15 and 5:23-7.1 et seq.
The doors of all toilet rooms shall be self-closing.
[Amended 5-15-1992 by Ord. No. 5587-92]
F.
Adequate and properly located hand-washing facilities
shall be provided, including hot and cold running water, soap and
approved sanitary towels or air hand-drying facilities. The use of
a common towel is prohibited. Employees shall not resume work after
using the toilet room or subjecting the hands to other contaminating
contact without first washing the hands and arms.
G.
All garbage and waste materials shall be placed in
suitable galvanized iron or other sanitary containers which are watertight
and which shall be covered with close-fitting lids. All garbage and
waste shall be removed from the premises daily. All cans used to store
garbage and waste materials shall be thoroughly cleaned immediately
upon being emptied.
H.
All plumbing and waste disposal equipment shall be
so designed, installed, maintained and utilized in such a manner as
to prevent contamination of the water supply, food, drink or equipment.
I.
Display cases, windows, counters, shelves, tables,
refrigerating equipment, sinks and other equipment or utensils used
in connection with the operation of said business shall be so constructed
as to be easily cleaned, shall be kept in good repair and shall be
kept clean and free from dust, dirt, insects, chemicals and other
contaminating material. Utensils containing or plated with cadmium,
lead or other toxic material shall not be used.
J.
All cloths used by employees and persons shall be
clean.
K.
No article, polish or other substance containing any
cyanide preparation or other poisonous material shall be used for
the cleaning or polishing of utensils.
L.
After utensils are cleaned, they shall be stored in
a clean, dry place protected from flies, dust and other contamination,
and shall be handled in such a manner as to prevent contamination.
M.
All food and drink shall be clean, wholesome, free
from spoilage and free of added toxic materials of all types, and
shall be so prepared as to be safe for human consumption.
N.
All perishable food and drink shall be kept at or
below 50º F., or above 150º F. except when being prepared
or processed. Such temperatures shall be maintained while in vehicles
used for transporting same. Hot prepared food and drink may be air-cooled
down to 150º F., but, for holding and storage below the point
of 150º F., the food and drink must be reduced to a temperature
of 50º F. or lower in a period not to exceed one hour.
O.
Food and containers of food shall be stored under
refrigeration in such a manner as to permit free circulation of cold
air and to prevent contamination. Fresh meats shall be so stored that
juices cannot drip upon other foods. To promote rapid cooling, sandwich
and salad mixtures and choped, cut, boned or leftover food shall be
stored under refrigeration in shallow containers not to exceed three
inches in food depth or by such other satisfactory means that will
ensure prompt cooling of the whole mass to a temperature of 50º
F. or lower within one hour.
P.
All milk, fluid milk products, ice cream and other frozen desserts sold shall be from approved sources and shall comply with the provisions of Chapter 315, Milk and Milk Products.
Q.
All poultry, meats, oysters, clams and mussels purchased
shall be from approved sources.
R.
All food and drink, and the food and contact surfaces
of utensils used to store, prepare or serve same, shall be protected
from adulteration and contamination by pesticides, human, animal and
rodent discharges of all types and contamination by dirt, dust, droplets
and condensate and leakage of overhead structures and pipes.
S.
All employees shall wear clean outer garments and
shall keep their hands and arms clean at all times while engaged in
handling food, drink, utensils or equipment. They shall not expectorate
or use tobacco in any form in rooms in which food is prepared. Employees
with open lesions or cuts on hands shall not handle or be permitted
to handle food. Employees with acute respiratory and acute intestinal
illnesses or other diseases in a communicable stage shall not be permitted
to work on the premises during the period of such illness.
If the enforcing official has reason to believe
that any retail food-handling establishment is, or may be, a sourse
of food-borne disease, he shall advise the owner, manager or employees
thereof accordingly and order that appropriate action be taken which
will eliminate the source of disease. In the event that such action
is not taken immediately, he may order such establishment to be closed
and post a statement in a conspicuous place at the entrance thereof
stating: "The sale of food or drink by this establishment is prohibited — Health
Department." This order shall be effective immediately and shall remain
posted until such time as the existing health hazard has been eliminated.
If the enforcing official has reason to believe
an employee of any retail food-handling establishment is a carrier
of a food-borne disease or is ill with a disease which may be transmitted
through food, he may order that employee to leave the establishment
and refrain from returning to work in or about such establishment,
and may order the employer to prohibit such employee from returning
to work until the employee has recovered from said disease and permission
to return is granted by the enforcing official. It shall be the responsibility
of all employers to report to the Health Department any employee who
has contracted a communicable disease.
A.
No person shall bring into the City, for sale or delivery
to any person in this City, any food or drink for human use which
has not been manufactured, prepared, handled, stored, sold or served
under such conditions as to cleanliness, sanitation and protection
from contamination as are prescribed by this chapter.
B.
Any manufacturer, handler, seller, storage house or
transportation agency resident outside the State of New Jersey, operating
within the purview of this chapter and bringing food or drink for
human consumption into the municipality, shall be required to have
the State Department of Health of such resident, the United States
Department of Health or local Health Department inspect the operation
of such person for compliance with this chapter and transmit to the
City Health Department a certificate certifying compliance by said
agency with the provisions herein.
A.
No beef, pork, veal, mutton, lamb, horsemeat or flesh
of any animal, nor any part of any animal from which any of said meats
is obtained, shall be sold for food purposes or exposed for sale or
held in possession in an establishment in which food is sold within
the City unless said animal has been examined before and after slaughter
by a meat inspector duly appointed by the United States government
or by any other public agency having the right of inspection and has
been passed as fit for food and has been stamped with a proper identification
mark or marks according to the system adopted by the United States
Bureau of Animal Industry or the New Jersey State Department of Health.
The provisions of this section shall be construed to apply to all
meat sausages, choped meat and edible viscera.
[Amended 5-9-1969 by Ord. No. 3912; 3-17-1970 by Ord. No. 3969]
Any person who violates any provision of 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.
