Borough of Allendale, NJ Article III Adoption of Standards

[Adopted 4-4-1996]

§ 210-16 Authority.

A code regulating retail food-handling establishments, providing for the inspection of such establishments and fixing penalties for violations is hereby established pursuant to N.J.S.A. 26:3-69.1 to 26:3-69.6. A copy of said code is annexed hereto and made a part hereof without the inclusion of the text thereof herein.

§ 210-17 Title.

The said code established and adopted by this article is described and commonly known as the "New Jersey Sanitary Code, Chapter 12, Construction, Operation and Maintenance of Retail Food Establishments."

§ 210-18 Copies on file.

Three copies of the said State of New Jersey Sanitary Code, Chapter 12, have been placed on file in the office of the Secretary of this local Board of Health upon introduction of this article and will remain on file there until final action is taken on this article for use and examination by the public.

§ 210-19 Food manager and food handler courses required; inspections; remedies.

A. No retail food establishment, including restaurants, diners and any other establishments selling or serving food to the public in the Borough of Allendale, shall be granted a retail food establishment license unless the owner, manager or employee in charge of other employees serving food on each particular shift has successfully completed a course prescribed by the Allendale Board of Health pertaining to health, education, sanitation, personal hygiene, food poisoning, dish washing procedures, germs, insects and rodents and other health-related matters. There are two such courses: an eighteen-hour food manager's certification course and a three-hour food handlers course. The certificate of satisfactory completion of the three-hour food handlers course shall be effective for two years from the date of the issuance.

B. Completion of three-hour course; temporary license; fees.

(1) Commencing January 1, 1997, or such date as may be fixed by the Allendale Board of Health, each owner, manager or employee in charge of other employees serving food on each particular shift shall complete the first available three-hour food handlers course prior to the Board of Health issuing an annual license to the retail food establishment. In addition, before a license shall be issued, the retail food establishment shall pay the appropriate fee in accordance with this article.

(2) Commencing January 1, 2001, and each year thereafter, or such other date as may be fixed by the Allendale Board of Health, where an owner, manager or employee in charge of other employees serving food on each particular shift has not completed the three-hour food handlers course as set forth in Subsection A of this section, the Allendale Board of Health may issue a temporary retail food license which shall expire on March 31, 2001. For the issuance of such a temporary retail food license, the retail food establishment shall pay the normal fee charged for the permit, together with a special surcharge for the temporary retail food license in the amount of $100. No part of the surcharge shall be returned. The surcharge shall be used for the sole purpose of administering this article on those retail food establishments whose owner, manager or employee in charge of other employees serving food on each particular shift has not successfully completed the three-hour food handlers course.

[Amended 4-9-2001]

C. Temporary licenses for new owners and managers; fees. Additionally, commencing January 1, 1997, or such date as may be fixed by the Allendale Board of Health, each new owner or manager of a retail food establishment where food is prepared is required to take the first available eighteen-hour food manager's certification course, and employees in charge of other employees serving food on a particular shift must take the three-hour food handlers course. The Allendale Board of Health shall issue a temporary retail food license which shall remain in effect for 90 days from the date of its issuance or until the required eighteen-hour food manager's certification course and three-hour food handlers course has been given and satisfactorily completed. For the issuance of such a temporary retail food license, the retail food establishment shall pay the normal fee charged for the permit together with a special surcharge for the temporary retail food license in the amount of $25. No part of the surcharge shall be returned.

D. If there is no owner, manager or employee in charge of other employees serving food to others on each particular shift who has satisfactorily completed the eighteen-hour food manager's certification course or three-hour food handlers course in accordance with this article, then the retail food establishment shall be issued a summons to appear before the Allendale Board of Health to answer to the violation.

E. Inspections; remedies for unsatisfactory ratings.

(1) Any retail food establishment which receives an "unsatisfactory" rating from the appropriate official inspecting the premises shall immediately cease from serving any food or similar products until the license has received a "satisfactory" rating from the inspector conducting such inspections.

(2) Ratings.

[Amended 4-9-2001]

(a) Any retail food establishment which receives two consecutive conditional satisfactory ratings within any twelve-month period shall have its owner or manager appear at the next meeting of the Allendale Board of Health to show cause why its license shall not be suspended for failing to operate its premises in accordance with Chapter 12 of the New Jersey Sanitary Code. The conditional satisfactory rating shall be posted on the premises for such time as necessary for the preservation of the public health and safety. In addition, its owner or manager must take and satisfactorily complete the next available eighteen-hour food manager's certification.

(b) Any retail food establishment which receives two conditional ratings within any twelve-month period shall have its food establishment license suspended and shall instead be issued a thirty-day temporary food license. The fee for such a thirty-day temporary food establishment licenses must be renewed every 30 days for an additional $100 fee until the establishment complies with all provisions of Chapter 12 of the New Jersey Sanitary Code and ordinances of the Borough of Allendale Board of Health.

(3) In addition to the remedies stated above, the inspector conducting the inspections shall cause appropriate summons to be issued for the violation of Chapter 12 of the New Jersey Sanitation Code, ordinance of the Borough of Allendale and applicable statutes of the State of New Jersey.

§ 210-20 Violations and penalties.

Any person who violates any provision of or order promulgated under this article shall, upon conviction thereof, be liable to a penalty of not less than $50 nor more than $500 for each violation. Each day a particular violation continues shall constitute a separate offense.