[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.
The Health Officer of the City or any of his duly authorized
representatives.
A food that is natural or synthetic and that
requires temperature control because it is in a form capable of supporting:
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.
Potentially hazardous food does not include:
An air-cooled, hard-boiled egg with shell intact;
A food with an AW value of 0.85 or less;
A food with a pH level of 4.6 or below when
measured at 75° F.;
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;
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
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.
A thermometer, thermocouple, thermistor, or other device
that indicates the temperature of food, air, or water.
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.
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.
A.
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.
B.
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.
A.
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:
(1)
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.
(2)
The establishment name, address, and telephone number
of the vending machine location.
(3)
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.
(4)
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.
(5)
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.
(6)
Each
application for a license may include up to 15 separate vending machines.
[Added 3-25-2010 by Ord. No. 1827-10]
B.
At least 30 days prior to expiration of a license,
the licensee shall make an application for renewal with the Health
Division.
A.
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.
B.
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.
C.
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.
D.
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.
E.
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.
A.
Vending machine annual license fees shall be as follows:
(1)
Machines which dispense potentially hazardous foods:
$50 per machine.
(2)
Machines which dispense non-potentially hazardous
foods which require a fee greater than $0.25 for items: $35 per machine.
(3)
Machines which dispense non-potentially hazardous
foods which require a fee equal to or less than $0.25 for items: $10
per machine.
B.
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.
A.
All foods and beverages dispensed by any machine shall
be clean, wholesome and free from contamination and adulteration.
B.
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.
C.
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.
D.
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.
E.
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.
F.
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).
G.
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.
H.
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.
I.
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:
(1)
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
(2)
Available for self-service during hours when it is
not under the full-time supervision of a food employee.
J.
Can openers on vending machines shall not be permitted.
K.
A machine vending potentially hazardous food shall
have an automatic control that prevents the machine from vending food
under the following circumstances:
(1)
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.
L.
When the automatic shutoff within a machine vending
potentially hazardous food is activated:
(1)
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
(2)
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.
M.
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.
N.
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.
O.
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:
(1)
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;
(2)
Have effective gaskets;
(3)
Have interface surfaces that are at least 1/2 inch
wide; or
(4)
Have jambs or surfaces used to form an L-shaped entry
path to the interface.
P.
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.
Q.
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.
R.
If the vending machine is located outside, it shall
be provided with overhead protection.
S.
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.
T.
The immediate surrounding of each vending machine
shall be maintained in a clean condition.
A.
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.
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 commissaries
and vending machine operations.
(2)
The immediate closing of the commissaries and operations
concerned 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 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.
B.
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.
C.
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.
A.
The Health Officer may inspect all vending machines
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 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.
A.
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.
