City of Passaic, NJ
Passaic County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the City Council of the City of Passaic 9-25-2007 by Ord. No. 1739-07. Amendments noted where applicable.]
GENERAL REFERENCES
General penalty — See Ch. 1, Art. II.
Health Officer — See Ch. 23.
Food establishments — See Ch. 149.
As used in this chapter, the following terms shall have the meanings indicated:
HEALTH OFFICER
The Health Officer of the City or any of his duly authorized representatives.
NOTICE OF CLOSURE
A public notice posted by the Health Officer at the public entrance of a premises wherein a poultry market is operated and that results in the immediate closure of the establishment and the discontinuance of all operations, by order of the Health Officer, because of violations of applicable federal, state, and local regulations, orders, embargos, or quarantines.
OFFAL
Refuse, trash, wastes, and butchered animal parts, including those which are not considered edible.
PERSON IN CHARGE
The individual present at a poultry market who is responsible for the operation at the time of inspection.
POULTRY
Any domesticated bird (chickens, turkeys, ducks, geese, or guineas) and any migratory waterfowl, game bird, or squab such as pheasant, partridge, quail, grouse, or guineas. The term includes any such animals, whether live or slaughtered, and excludes ratites.
POULTRY MARKET
A food establishment occupied or used for the slaughtering, dressing, or eviscerating of live poultry to be offered for wholesale or retail use, either for profit or not for profit, or any establishment engaged in the business of selling or distributing live poultry, or any place wherein a similar operation is conducted, including all detached buildings or rooms under the control of the operator of such establishment and used in any capacity in connection with the operation of such establishment.
PREMISES
The poultry market's physical facility, its contents, and the contiguous land or property under the control of the licensee.
RATITE
A flightless bird such as an emu, ostrich, or rhea.
A. 
No person shall operate a poultry market in the City of Passaic, whether for compensation or not, without complying with the requirements of this chapter, as well as the regulations of the United States Department of Agriculture and the State of New Jersey, including the New Jersey Administrative Code at N.J.A.C. 8:24-1.1 et seq., as the same may be from time to time amended and supplemented.
B. 
In all allied matters that are regulated by the laws of the State of New Jersey, such laws shall control where the requirements are in excess of this chapter. This chapter shall control in all cases where the state law requirements are less than herein contained.
A. 
No person, persons, firm or corporation shall hereafter operate a poultry market within the limits of the City of Passaic or permit the operation of any of the same within his establishment unless and until a license therefor is first obtained from the Division of Health of the City of Passaic.
B. 
Anyone operating a poultry market within the City of Passaic as of the effective date of this chapter must apply for a license for same by December 1 of the year that the chapter takes effect.
The Division of Health shall not issue licenses to operate poultry markets to any more than three premises in the City of Passaic.
A. 
Any person desiring a license to operate a poultry market shall apply to the Division of Health, in writing, on forms promulgated and supplied by the Division of Health. Such forms shall be duly verified by the applicant.
B. 
No license to operate a poultry market shall be issued by the Division of Health unless:
(1) 
A valid certificate of occupancy issued by the Construction Official has been issued for the premises. A certificate of occupancy shall be required for any poultry market that has been renovated or has changed ownership.
(2) 
A certification from the Zoning Officer that the location of the business is in compliance with zoning codes. Such certification shall be required for any poultry market that has been renovated or has changed ownership.
C. 
At least 30 days prior to expiration of a license to operate a poultry market, the licensee shall make an application for renewal with the Division of Health.
A. 
Each license to operate a poultry market issued by the Division of Health shall contain a registration number and the date of expiration, and no such license shall be transferable to another person or entity or from premises to premises.
B. 
The license shall be posted in a conspicuous place near the public entrance of the establishment where it may be readily observed by all patrons.
C. 
Licenses shall be valid for a calendar licensing period commencing January 1 and ending December 31. All licenses issued during the course of a calendar year shall expire on December 31 of that year, regardless of the date issued.
D. 
License holders shall notify the Division of Health within 10 calendar days in writing of any change in the owner's contact information.
E. 
Any person desiring to renovate, expand or substantially alter an existing poultry market shall submit plans and specifications to the Division of Health for review and final approval prior to the issuance of any building permits and prior to such renovations, expansions or alterations taking place.
[Amended 11-10-2011 by Ord. No. 1876-11]
The following license fees shall be made payable to the City of Passaic Division of Health:
A. 
License to operate a poultry market and annual renewal thereof: $250.
B. 
Duplicate license fee: $35.
C. 
Initial and revised floor plan and specification reviews: $25.
D. 
Late fee for licenses renewed after January 15 following expiration of a license to operate a poultry market: $50.
A. 
No ratites, rabbits, swine, sheep, cattle, goats, or any other animal not defined as poultry in this chapter shall be kept, slaughtered, dressed, or eviscerated in any premises licensed as a poultry market.
B. 
No live poultry shall be kept or displayed in the same room where foodstuffs other than poultry are offered for human consumption.
C. 
Live poultry shall not be allowed to run at large upon the licensed premises but shall be kept in cages or crates. No poultry shall be permitted to run at large on streets, sidewalks, or any other area off of the licensed premises.
D. 
No poultry feed shall be scattered on floors. All spillage of feed shall be promptly removed.
E. 
No person shall offer for human consumption any poultry, whether alive or slaughtered, which is diseased, unfit, or may have died from any other causes other than by slaughter.
F. 
No overfed live poultry shall be permitted to be brought into or bred in the City of Passaic.
G. 
No poultry shall be kept in a place in which water, ventilation, food, or any other similar items are not sufficient and wholesome for the preservation of the health and safe condition of such poultry.
H. 
No poultry shall be kept in any enclosure that is infested.
I. 
Plucking shall not be carried on in a room used for slaughtering or cleaning. By January 2010, all poultry markets shall meet this requirement.
A. 
All poultry shall be kept in a clean and sanitary manner at all times.
B. 
All live poultry shall be confined in suitable enclosures such as cages or crates. The confining of live poultry directly on floors of the premises such as in pens, open coops, or similar enclosures is prohibited. Enclosures shall not be overcrowded with live animals so as to result in injury to the animal or restrict movement of the animal confined therein.
C. 
Poultry shall be segregated by species.
D. 
All cages and/or crates shall be kept in a clean and a sanitary condition at all times.
E. 
All live poultry cages, crates, or enclosures shall be in good repair and constructed of easily cleanable, noncorrosive, and nonabsorbent material. Cages, crates, and enclosures shall be raised from the floor at least six inches so as to permit flushing and cleaning underneath the same. All cages, crates, or enclosures shall be cleaned and disinfected in a manner approved by the Division of Health.
F. 
A sufficient number of roosts to provide roosting space for each individual specimen of poultry kept in any enclosure and a sufficient number of properly placed collection pans to catch all droppings excreted by poultry while on the roost shall be provided. Collection pans shall be easily cleanable, nonabsorbent, and noncorrosive. Collection pans shall be kept clean and free of excessive excrement and other wastes. Collection pans shall be cleaned and disinfected in a manner approved by the Division of Health.
G. 
Poultry, cages, crates, and enclosures shall be arranged to allow a clear passageway to the public and for cleaning.
H. 
Ample supply of wholesome food and clean water shall be provided for all live poultry. Troughs, bowls, or similar containers used for food and water shall be kept clean, in good repair, and placed in such a manner so as to prevent contamination of food and water kept therein.
A. 
All parts of the premises shall be kept in a sanitary condition at all times.
B. 
The flooring of live poultry markets shall be composed of material that is impervious to moisture and shall be properly graded to prevent pooling of liquid or waste and permit adequate drainage to floor drains. All floors shall be kept clean and in good repair.
C. 
Walls and ceilings in live poultry storage rooms, equipment washing rooms, rooms used for plucking, rooms used for slaughtering, and rest rooms shall be comprised of smooth, light-colored, moisture-proof, and washable material. All walls shall be kept clean and in good repair.
D. 
All rooms within the premises shall be properly lighted and ventilated. Mechanical ventilation of sufficient capacity to keep all rooms free of excessive heat and obnoxious odors shall be provided and shall ventilate to open air. Such systems shall be maintained in a clean manner and in good repair and shall be designed and operated so as to prevent obnoxious odors from entering adjacent properties.
A. 
All poultry markets shall be equipped with adequate preparation sinks with hot and cold running water under pressure in rooms used for slaughtering and plucking. Such sinks shall be used for the cleaning of poultry and shall meet the approval of the Municipal Plumbing Subcode Official.
B. 
All poultry markets shall be equipped with a three-compartment sink to permit washing, rinsing, and sanitizing of utensils, removable contact surfaces, processing equipment, and similar items. Each compartment shall be of suitable size so as to permit the full immersion of the largest utensil, removable contact surface, processing equipment, and similar items under water. The sink shall dispense hot and cold water under pressure. Three-compartment sinks shall not be used for hand washing or the cleaning of poultry. Methods of sanitization, including the chemical sanitizers, shall be approved by the Division of Health.
C. 
Adequate hand-washing facilities, including hot and cold running water under pressure, hand soap, and disposable towels shall be provided in all toilet rooms and in any other locations on the premises used for plucking, slaughtering, dressing, or any other activity where the nature of work requires frequent use of such facilities. Use of common towels or bar-type soap is prohibited. Hand-washing signs approved by the Division of Health shall be posted at hand-washing facilities.
D. 
Adequate rest room facilities shall be provided on the premises. Doors to rest rooms shall be self-closing. Rest rooms shall be kept in clean and good repair.
E. 
All plumbing in the premises shall be so arranged, designed, installed, and maintained so as to prevent contamination of the water supply, food, and equipment.
All equipment used for slaughtering, dressing, eviscerating, and similar butchering shall be kept in good repair, clean, free from dust, excessive residue, insects, or any other contaminating material. Equipment shall be washed, rinsed, and sanitized in accordance with a schedule and in a manner approved by the Division of Health.
A. 
All waste in poultry markets shall be disposed of daily and all inedible products and trash shall be kept in tight, vermin-proof, nonabsorbent, and easily washable receptacles which are covered with close-fitting lids pending removal. Offal resulting from the operation of such establishments shall be handled, stored, and removed so as to prevent nuisances, disagreeable odors, or contamination of edible products.
B. 
All areas where wastes are stored shall be kept in a sanitary manner.
C. 
The curbside and public roadway directly in front of the establishment shall be cleaned in a manner approved by the Division of Health after the delivery of poultry, after waste removal, and as often as necessary to maintain such areas free of unsanitary conditions. Offal and other solid wastes shall not be washed, flushed, swept, or permitted to enter into municipal storm drains.
Openings to the outside shall be properly screened, closed, or sealed so as to prevent the entry of vermin. All parts of the premises shall be maintained free of vermin.
A. 
No person with any disease in a communicable form, or who is a carrier of such disease, shall work in poultry market or in any capacity which brings him into contact with the production, handling, storage or transportation of food, beverages, ingredients or equipment used in the operation of a poultry market.
B. 
No operator shall employ in any such capacity any such person or any person suspected of having any disease in a communicable form or of being a carrier of such disease. Any operator among whose employees there occurs a communicable disease or who suspects that any employee has contracted any disease in a communicable form or has become a carrier of such disease shall notify the Health Officer immediately.
C. 
When suspicion arises as to the possibility of transmission or infection from any employee, the Health Officer is authorized to require any or all of the following measures:
(1) 
The immediate exclusion of the employee from all poultry market operations.
(2) 
The immediate closing of poultry market operations until, in the opinion of the Health Officer, no further danger of disease outbreak exists.
(3) 
Adequate medical examinations of the employee and of his associates, with such laboratory examinations as may be indicated.
A. 
The Health Officer may inspect all poultry markets as often as he deems necessary.
B. 
The Health Officer, after proper identification, shall be permitted to enter, at any reasonable time, upon any private or public property within the City of Passaic where poultry markets are operated for the purpose of determining compliance with the provisions of this chapter. The licensee or person in charge of the poultry market location shall make provisions for the Health Officer to have access, either in company with an employee or otherwise, to all portions of the premises.
A. 
The Health Officer or his designee may revoke and remove the license for or suspend operations of a poultry market at any time and summarily order the establishment closed when, in the opinion of the Health Officer or his designee, such action is necessary to abate an existing or threatened menace to public health.
B. 
The Health Officer or his designee shall post a notice of closure at the public entrance of the establishment where it may be visible to the public. The notice of closure shall remain posted until removed by the Health Officer or his designee. No person shall conceal or mutilate any notice of closure or remove it except by permission of the Health Officer.
C. 
In summarily ordering an establishment closed, the Health Officer or his designee may request assistance from public safety officers of the City of Passaic. Immediate closure shall be in addition to and shall supplement any other penalty or remedy that may be authorized by N.J.A.C. 8:24-1.1 et seq., or the Code of the City of Passaic, as the same may be from time to time amended and supplemented.
D. 
A person whose license has been revoked shall close the establishment and request all patrons to vacate the premises.
E. 
A person whose license has been revoked shall have the right to apply to the City to reinstate that license pursuant to the procedures established in Passaic Code § 177-12.[1]
[1]
Editor's Note: See Ch. 177, Licenses, § 177-12, Reinstatement of revoked license.
A. 
The provisions of this chapter shall be enforceable by the City Health Officer or his designee.
B. 
It shall be unlawful for any person to hinder, molest or interfere with anyone authorized to enforce the provisions of this chapter.
C. 
This chapter shall not be enforced as to any religious observances.
The general penalty provisions of the Code of the City of Passaic shall govern violations of this chapter.[1]
[1]
Editor's Note: See Ch. 1, General Provisions, Art. II, General Penalty.