[HISTORY: Adopted by the City Council of the City of Passaic 6-19-1975 by Ord. No. 297-75 as Section 16-2 of Chapter XVI of the Revised General Ordinances of the City of Passaic, 1975; amended in its entirety 9-11-2007 by Ord. No. 1737-07. Subsequent amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings indicated:
- 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."
- 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.
- A. A food that is natural or synthetic and that requires temperature control because it is in a form capable of supporting:
- 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.
It shall be unlawful for any person, whether as principal or agent, clerk or employee, either for himself or any other person or for any corporate body, or as an officer of any corporation, or otherwise, to maintain or permit to be maintained on or in any location in the City of Passaic one or more vending machines without first having applied for and procured a license for each machine from the Division of Health of the City of Passaic and without complying with any and all of the provisions of this chapter and any amendments thereto.
It shall be unlawful for the occupant or owner of a vending machine location to permit one or more vending machines to be maintained on property owned or occupied by him without a license or without its display thereof for each machine from the Division of Health of the City of Passaic and without complying with any and all of the provisions of this chapter and any amendments thereto.
Any person desiring a vending machine license 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. The applicant shall set forth:
The name, permanent mailing address, and telephone number of the owner of the vending machine or vending machines. If the applicant is a corporation, partnership, LLP or LLC, the name and address of its registered agent or agents shall be provided.
The establishment name, address, and telephone number of the vending machine location.
The name, permanent mailing address, and telephone number of the owner or occupant of the vending machine location, if different from the vending machine owner.
Number of machines to be licensed, a listing of foods to be vended from each machine, and the price that shall be charged for each food item.
Evidence of a satisfactory sanitary inspection for the licensing year shall be provided for any machine that dispenses potentially hazardous food. No license for a vending machine that dispenses potentially hazardous food shall be issued by the Division of Health without such evidence.
Each application for a license may include up to 15 separate vending machines.
[Added 3-25-2010 by Ord. No. 1827-10]
At least 30 days prior to expiration of a license, the licensee shall make an application for renewal with the Health Division.
Each vending machine license 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 vending machine to vending machine or from vending machine location to vending machine location.
Vending machine licenses shall be attached to the vending machine for which the corresponding license was issued and displayed in plain sight where it may be viewed at all times on the vending machine.
It shall be unlawful for any person to erase, cancel, deface, or alter any vending license once it has been issued by the Division of Health.
Vending machine 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.
License holders shall notify the Division of Health within 15 calendar days in writing of any change in the owner's contact information or if a vending machine is no longer operating at the vending machine location specified in the original application for licensure.
Vending machine annual license fees shall be as follows:
Machines which dispense potentially hazardous foods: $50 per machine.
Machines which dispense non-potentially hazardous foods which require a fee greater than $0.25 for items: $35 per machine.
Machines which dispense non-potentially hazardous foods which require a fee equal to or less than $0.25 for items: $10 per machine.
When determining the license fee for a vending machine, the Division of Health shall base the cost of license on the most expensive food item which will be dispensed from the vending machine.
Fees and penalties.
[Amended 4-30-2008 by Ord. No. 1761-08; 3-25-2010 by Ord. No. 1827-10]
Each application may include up to 15 vending machines.
All foods and beverages dispensed by any machine shall be clean, wholesome and free from contamination and adulteration.
Vending machines shall be so constructed, designed, and finished as to be easily maintained in a clean condition and shall be kept in good repair, in a sanitary manner, and shall be kept free of injurious material.
Potentially hazardous food dispensed through a vending machine shall be in the package in which it was placed at the retail food establishment or food-processing plant at which it was prepared.
Vending machines which dispense potentially hazardous food requiring refrigeration shall be capable of maintaining such food at a temperature of 41° F. or below at all times.
Vending machines which dispense potentially hazardous food requiring hot-holding shall be capable of maintaining such food at a temperature of 135° F. or above at all times.
Vending machines which dispense potentially hazardous food shall have a temperature measuring device as specified under N.J.A.C. 8:24-4.2(c).
Parts of vending machines that come into direct contact with potentially hazardous food shall be thoroughly cleaned and sanitized. The frequency of such cleaning and sanitization shall be established by the Health Officer, based upon the type of product being dispensed.
Condiments at a vending machine location shall be in individual packages or provided in dispensers that are filled at an approved location, such as the retail food establishment that provides food to the vending machine location, a food-processing plant that is regulated by the agency that has jurisdiction over the operation, or a properly equipped facility that is located on the site of the vending machine location.
The dispensing compartment of a vending machine, including a machine that is designed to vend prepackaged snack food that is not potentially hazardous such as chips, party mixes, pretzels, or similar snacks, shall be equipped with a self-closing door or cover if the machine is:
Located in an outside area that does not otherwise afford the protection of an enclosure against the rain, windblown debris, insects, rodents, and other contaminants that are present in the environment; or
Available for self-service during hours when it is not under the full-time supervision of a food employee.
Can openers on vending machines shall not be permitted.
A machine vending potentially hazardous food shall have an automatic control that prevents the machine from vending food under the following circumstances:
If there is a power failure, mechanical failure, or other condition that results in an internal machine temperature that cannot maintain food temperatures as specified under N.J.A.C. 8:24-3, until the machine is serviced and restocked with food that has been maintained at temperatures specified under N.J.A.C. 8:24-3.
When the automatic shutoff within a machine vending potentially hazardous food is activated:
In a refrigerated vending machine, the ambient temperature may not exceed refrigeration temperatures for more than 30 minutes immediately after the machine is filled, serviced, or restocked; or
In a hot-holding vending machine, the ambient temperature may not be less than 135° F. for more than two hours immediately after the machine is filled, serviced, or restocked.
Vending machines designed to store beverages that are packaged in containers made from paper products shall be equipped with diversion devices and retention pans or drains for container leakage.
Vending machine doors and access opening covers to food and container storage spaces shall be tight-fitting so that the space along the entire interface between the doors or covers and the cabinet of the machine, if the doors or covers are in a closed position, is no greater than 1/16 inch.
The requirement in Subsection N above shall be accomplished by ensuring that vending machine doors and access opening covers to food and container storage spaces:
Are covered with louvers, screens, or materials that provide an equivalent opening of not greater than 1/16 inch. Screening of 12 or more mesh to one inch meets this requirement;
Have effective gaskets;
Have interface surfaces that are at least 1/2 inch wide; or
Have jambs or surfaces used to form an L-shaped entry path to the interface.
Vending machine service connection openings through an exterior wall of a machine shall be closed by sealants, clamps, or grommets so that the openings are no larger than 1/16 inch.
A refuse receptacle shall not be located within a vending machine, except that a receptacle for beverage bottle crown closures may be located within a vending machine.
If the vending machine is located outside, it shall be provided with overhead protection.
Each vending machine, whether located indoors or outdoors, shall be so located that the space around and under the machine can be readily cleaned and so that an insect or vermin harborage is not created.
The immediate surrounding of each vending machine shall be maintained in a clean condition.
No person with any disease in a communicable form, or who is a carrier of such disease, shall work in any commissary or in vending machine operations in any capacity which brings him into contact with the production, handling, storage or transportation of food, beverages, ingredients or equipment used in vending machine operations.
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.
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:
The immediate exclusion of the employee from all commissaries and vending machine operations.
The immediate closing of the commissaries and operations concerned until, in the opinion of the Health Officer, no further danger of disease outbreak exists.
Adequate medical examinations of the employee and of his associates, with such laboratory examinations as may be indicated.
The owner of a vending machine shall post a sign in a location on the vending machine that is readily visible to the public containing the vending machine owner's full name, business address, and telephone number.
The conveyance used in the delivery of food, beverages, or ingredients shall be so constructed as to protect these products from the elements, dirt, dust, insects, rodents, and other contamination. Similar protection shall be provided for single-service containers and food contact surfaces of equipment, containers, or device used in connection with vending operations.
Potentially hazardous food, while in transit, shall be maintained at a temperature of 41° F. and below or 135° F. or above.
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 Health Officer may inspect all vending machines as often as he deems necessary.
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 vending machines are stored or operated, or commissaries are operated, or from which such machines are otherwise serviced, for the purpose of determining compliance with the provisions of this chapter. The operator or custodian of such machines at the vending machine location shall make provisions for the Health Officer to have access, either in company with an employee or otherwise, to all vending machines operated or stored.
The Health Officer may revoke and remove a vending machine license or remove the license registration tag at any time and summarily order the owner or operator of the vending machine to cease operation of the vending machine when, in the opinion of the Health Officer, such action is necessary to abate an existing or threatened menace to public health. In summarily revoking or removing a license, revoking or removing a registration tag, and ordering the owner or operator of the vending machine to cease operation of a vending machine, the Health Officer may request assistance from police officers of the City of Passaic.