As used in this chapter, the following terms
shall have the meanings indicated:
AW
Water activity, which is a measure of the free moisture in
a food, is the quotient of the water vapor pressure of the substance
divided by the vapor pressure of pure water to the same temperature
and is indicated by the symbol "AW."
FOOD
A raw, cooked, or processed edible substance, ice, beverage,
or ingredient used or intended for use or for sale in whole or in
part for human consumption, or chewing gum.
HEALTH OFFICER
The Health Officer of the City or any of his duly authorized
representatives.
POTENTIALLY HAZARDOUS FOOD
A.
A food that is natural or synthetic and that
requires temperature control because it is in a form capable of supporting:
(1)
The rapid and progressive growth of infectious
or toxigenic microorganisms;
(2)
The growth and toxin production of Clostridium
botulinum; or
(3)
In raw shell eggs, the growth of Salmonella
enteritidis.
B.
Potentially hazardous food includes an animal
food (a food of animal origin) that is raw or heat-treated; a food
of plant origin that is heat-treated or consists of raw seed sprouts;
cut melons; and garlic and oil mixtures that are not acidified or
otherwise modified at a food-processing plant in a way that results
in mixtures that do not support growth as specified under the first
subsection of this definition.
C.
Potentially hazardous food does not include:
(1)
An air-cooled, hard-boiled egg with shell intact;
(2)
A food with an AW value of 0.85 or less;
(3)
A food with a pH level of 4.6 or below when
measured at 75° F.;
(4)
A food, in an unopened, hermetically sealed
container, that is commercially processed to achieve and maintain
commercial sterility under conditions of nonrefrigerated storage and
distribution;
(5)
A food for which laboratory evidence demonstrates that the rapid and progressive growth of infectious or toxigenic microorganisms or the growth of S. enteritidis in eggs or C. botulinum cannot occur, such as a food that has an AW and a pH that are above the levels specified under Subsection
A(2) and
(3) above and that may contain a preservative, other barrier to the growth of microorganisms, or a combination of barriers that inhibit the growth of microorganisms; or
(6)
A food that does not support the growth of microorganisms
as specified under the first subsection of this definition, even though
the food may contain an infectious or toxigenic microorganism or chemical
or physical contaminant at a level sufficient to cause illness.
TEMPERATURE MEASURING DEVICE
A thermometer, thermocouple, thermistor, or other device
that indicates the temperature of food, air, or water.
VENDING MACHINE
A self-service device that, upon insertion of a coin, paper
currency, token, card, or key, or by optional manual operation, dispenses
unit servings of food in bulk or in packages without the necessity
of replenishing the device between each vending operation.
VENDING MACHINE LOCATION
The room, enclosure, space, or area where one or more vending
machines are installed and operated and includes the storage areas
and areas on the premises that are used to service and maintain the
vending machines.
No person shall operate a vending machine 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 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.
Any vending machine licensed under this chapter
shall not be removed from the vending machine location for which it
was licensed to another location in the City of Passaic or shall not
be replaced by another vending machine without the approval of the
Health Officer and a new license being issued.
The general penalty provisions of the Code of
the City of Passaic shall govern violations of this chapter.