[HISTORY: Adopted by the Board of Health of the Borough of Paramus 12-13-2004 by Ord. No. 112. Amendments noted where applicable.]
This chapter shall be known as the "Retail Food Service Manager's Certification Ordinance" of the Paramus Board of Health.
As used in this chapter, the following terms shall have the meanings indicated:
- BOARD OF HEALTH
- The Borough of Paramus Board of Health.
- FOOD PROCESSING ESTABLISHMENT
- A commercial establishment in which food is processed or otherwise prepared and packaged for human consumption.
- FOOD SERVICE MANAGER
- An on-site supervisory employee of a retail food processing establishment, responsible for food preparation, service and staff.
The Health Officer shall approve a public education course for food service manager certification or shall conduct a program of food service manager certification, recertification, training, examination and evaluation of food service managers. The content of the training program shall include but shall not be limited to such topics as employee health and personal hygiene, foodborne disease, prevention of food poisonings, etiologic agents, safe food handling principles and procedures, cleaning and sanitizing, vermin control, employee training techniques and self-inspection procedures. Examinations for the training course shall be prepared or approved by the Health Officer. A minimum passing grade shall be established by the Health Officer, Applicants who fail to pass the initial examination may repeat the examination one time. Applicants who fail to pass a second examination shall be required to repeat the training program. The Health Officer may also grant reciprocity to other food manager training courses determined to be equivalent to the Board's course.
No later than 12 months after the effective date of this chapter, all food processing establishments shall have in their employ at least one full-time food service manager certified by the Paramus Board of Health. At least one certified food service manager shall be physically on the premises of each food processing establishment at all times when the establishment is open for business.
Each food processing establishment shall notify the Health Officer within 10 business days when the certified food service manager's employment is terminated and, at the same time, shall indicate what measures are being taken to comply with the terms of this chapter. The Health Officer may issue a waiver of the requirements of this chapter for a period of no longer than six months while a food processing establishment is having employees trained or for other extenuating circumstances.
Persons to be employed as or promoted to food service manager shall be certified prior to employment or promotion, or the establishment owner or its representatives must register said person for participation in the next available training course.
This chapter shall not apply to retail food establishments that serve, sell or distribute bottled, canned, cartoned or securely wrapped food.
The Health Officer, with approval by the Board of Health, shall establish criteria on which to determine whether or not certification is to be issued to an applicant.
The Health Officer shall issue a food service manager's certificate to each person meeting the criteria of the previous section.
A valid food service manager's certificate shall be posted in the establishment so that it may be viewed by a duly authorized agent of the Board of Health at any time.
The Board of Health may revoke or suspend the certificate of a food service manager who is determined to be incompetent or unable to properly perform the duties of a food service manager or who has been negligent in the discharge of his or her duties or responsibilities. Before taking action to revoke or suspend the certification, the Board shall provide the food service manager an opportunity for a hearing to determine whether good cause exists for the suspension or revocation of such certificate.
The certified food service manager shall maintain food processing establishment in compliance with Chapter XII, New Jersey State Sanitary Code (N.J.A.C. 8:24).
The certified food service manager shall conduct a training program for all personnel under their supervision as it applies to individual employee's work assignments.
The certified food service manager shall conduct a minimum of one self-inspection of the retail food service establishment every three months. The findings of the self-inspection shall be recorded on forms provided by the Health Officer and retained at the establishment for a minimum of one year. Said reports shall be made available for review by a duly authorized agent of the Board of Health upon request.
The certified food service manager shall promptly notify the Health Officer of known or suspected foodborne illness of employees or patrons within 24 hours of becoming aware of the incident.
All establishments engaged in the business of preparing, selling or processing food for human consumption shall be required at all times to keep and maintain accurate records of the name and address of each certified food service manager, date of employment and the date and number of the certificate issued. All records shall be made available at all times for inspection by the duly authorized agents of the Board of Health.
The Board of Health shall maintain a register of certified food service managers who have been issued certificates by the Health Officer or have certificates from other approved agencies. The department shall keep the register current by adding or deleting the names of certified food service managers.
A food service manager's certificate is not transferable. No person to whom a food service manager's certificate is issued or granted shall give, loan, transfer or permit the same to be used by any other person for any purpose whatsoever.
[Amended 11-22-2010 by Ord. No. 122; 3-24-2014 by Ord. No. 129]
At the time of application for entrance to the food service manager certification or recertification course, the applicant shall pay a fee to the Board of Health in the amount of $175.
Any food processing establishment that violates the provisions of this chapter shall, upon conviction thereof, be liable to a penalty of not less than $50 nor more than $1,000 for each violation. Each day a particular violation continues shall constitute a separate offense. In addition, any food processing establishment that fails to comply with the requirements of this chapter is subject to a hearing before the Board of Health to determine whether the establishment's foodhandling permit be revoked or suspended in accordance with the requirements of the Sanitary Code of the Borough of Paramus.