[HISTORY: Adopted by the City Council of
the City of Passaic 9-25-2007 by Ord. No. 1739-07. Amendments noted
where applicable.]
As used in this chapter, the following terms
shall have the meanings indicated:
The Health Officer of the City or any of his duly authorized
representatives.
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.
Refuse, trash, wastes, and butchered animal parts, including
those which are not considered edible.
The individual present at a poultry market who is responsible
for the operation at the time of inspection.
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.
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.
The poultry market's physical facility, its contents, and
the contiguous land or property under the control of the licensee.
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.
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.
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.
