[HISTORY: Adopted by the Board of Health of the Township of North Brunswick: Art. I, 8-16-1965; Art. II, 8-2-1993. Section 416-4 amended at time of adoption of Code; see Ch. 366, General Provisions, Board of Health. Other amendments noted where applicable.]
A code regulating retail food establishments and fixing penalties for violations is hereby adopted pursuant to N.J.S.A. 26:3-69.1 to 26:3-69.6. A copy of said code is annexed hereto and made a part hereof without the inclusion of the text thereof herein.
Said code established and adopted by this chapter is described and commonly known as the "Retail Food Establishment Code of New Jersey (1965)."
Three copies of said Retail Food Establishment Code of New Jersey (1965) have been placed on file in the office of the Secretary of this local Board of Health upon the introduction of this Article and will remain on file there until final action is taken on this Article, for use and examination by the public.
Any person violating or failing to comply with any of the provisions of this Article shall, upon conviction thereof, be punishable by a fine of not less than $2 nor more than $500 in the discretion of the Judge. The continuation of such violation on each successive day shall constitute a separate offense, and the person or persons allowing or permitting the continuance of the violation may be punished as provided above for each separate offense.
This Article shall be known as "Regulation 156A-1 - Retail Food-Handling Training Regulation."
As used in this Article, the following terms shall have the meanings indicated:
- MOBILE RETAIL FOOD ESTABLISHMENT
- Any movable restaurant, truck, van, trailer, cart, bicycle, watercraft 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.
- 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 four point six (4.6) or below or a water activity (aw) value of eighty-five hundredths (0.85) 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; private, public or nonprofit organization, institution or group preparing, storing or serving food; 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 with or without charge; except that agricultural markets, covered dish suppers or similar type of infrequent church or nonprofit-type institution meal services shall meet the special provisions of N.J.A.C. 8:24-8, provided that any food and beverage vending machine shall meet the requirements of N.J.A.C. 8:24-11, provided further that bed-and-breakfast and community residences, as defined, meet the provisions of N.J.A.C. 8:24-13.
- TEMPORARY RETAIL FOOD ESTABLISHMENT
- 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 and mobile retail food establishments, as well as agricultural markets.
No retail food establishment, fixed, temporary or mobile, shall serve potentially hazardous food products within the Township of North Brunswick 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. Organizations or groups which hold periodic gatherings and meals should have a responsible officer of the group certified in food safety.
It shall be the responsibility of the owner, operator or supervisory personnel in immediate charge of the establishment to provide proof of such program completion to the satisfaction of any authorized sanitary inspector requesting the same.
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 North Brunswick and shall be returnable before and be under the authority and jurisdiction of the Municipal Court of the Township of North Brunswick.
The owner, operator or person in immediate charge of a temporary or mobile retail food establishment who is unable, upon request of an authorized sanitary inspector, to reasonably and satisfactorily establish attendance and successful completion of an approved food-handler's training program, as defined herein, shall, upon a finding of guilt, be subject to a fine not to exceed $250. Upon a second conviction hereunder, the defendant shall be subject to a fine not to exceed $500. Upon a third or subsequent conviction, the defendant shall be subject to a fine not to exceed $750 and imprisonment for a term not to exceed five days.
Any penalty recovered in any such action shall be paid to the Treasurer of the Township of North Brunswick.