[HISTORY: Adopted by the Board of Health
of the Township of Freehold 10-22-1969 (Ch. BH-VI of the Revised General
Ordinances), as amended through Ord. No. BH-01-01. Subsequent amendments
noted where applicable.]
[Added 3-9-2006 by Ord. No. BH-01-06]
The provisions of N.J.A.C. 8:24-1.1 et seq.
pertaining to retail food establishments and food and beverage vending
machines shall be enforced in the Township of Freehold.
Violations of this chapter shall be punishable in accordance with the provisions of Chapter 361, Article I, General Penalty, of the Code of the Township of Freehold.[1]
[1]
Editor's Note: Original Sec. BH:6-1, Establishment
of code, Sec. BH:6-2, Title, and Sec. BH:6-3, Public record, which
previously preceded this section, were repealed 3-9-2006 by Ord. No.
BH-01-06.
[Amended 11-10-2005 by Ord. No. BH-01-05]
A.
The following fees shall be submitted to the Township
of Freehold for inspections and issuance of food handlers' licenses:
B.
Late fees. Every licensed personnel who fails to complete
his/her renewal application as of January 31 of the licensing year
shall be assessed a late fee equaling 50% of the license fee. The
late fees are set forth as follows:
A.
Any license issued under the terms and provisions
of this chapter may be suspended or revoked by the Board of Health
of this municipality for the violation by the licensee of any provision
of this chapter or Chapter 12 of the New Jersey State Sanitary Code
or whenever it shall appear that the business, trade, calling, profession
or occupation of the person, firm or corporation to whom such license
was issued is conducted in a disorderly or improper manner or in violation
of any law of the United States, the State of New Jersey, or any ordinance
of this municipality, or that the purpose for which the license has
been issued is being used for a purpose foreign to that for which
the license was issued.
B.
A license issued under the terms and provisions of
this chapter shall not be revoked, canceled or suspended until a hearing
thereon shall have been had by the Board of Health. Written notice
of the time and place of such hearing shall be served upon the licensee
at least three days prior to the date set for such hearing. Such notice
shall also contain a brief statement of the grounds to be relied upon
for revoking or suspending such license. Notice may be given either
by personal delivery thereof to the person to be notified, or by depositing
the same in the United States Post Office in a sealed envelope, postage
prepaid, addressed to such person to be notified at the business address
appearing upon said license. At the hearing before the Board of Health,
the person aggrieved shall have an opportunity to answer and may thereafter
be heard, and upon due consideration and deliberation by the Board
of Health, the complaint may be dismissed, or if the Board of Health
concludes that the charges have been sustained and substantiated,
it may revoke or suspend the license held by the licensee.
C.
If any such license shall have been revoked, neither
the holder thereof nor any person acting for him, directly or indirectly,
shall be entitled to another license to carry on the same business
within the Township unless the application for such license shall
be approved by the Board of Health, and all fees and fines are paid
in full.
A.
Requirement. Any person or entity owning and/or operating
a retail food establishment as defined in the New Jersey State Sanitary
Code must secure a food handler's license from the Township Board
of Health.[1]
[Amended 3-9-2006 by Ord. No.
BH-01-06]
B.
Food service training. No retail food establishment shall be issued a food handler's license unless it is in compliance with this § 373-5.
C.
BASIC FOOD SERVICE TRAINING
Definitions. As used in this chapter, the following
terms shall have the meanings indicated:
A minimum five-hour general course of instruction for personnel
in retail food establishments which includes instruction in proper
sanitation, personal hygiene, equipment storage and handling, food
preparation and handling, food microbiology and temperature control,
vermin control, garbage storage and disposal and other health-related
subjects. Said course of instruction shall be approved by the Board
of Health.[2]
D.
Participation in basic course required. The owner
and/or manager of a retail food establishment, and/or any full-time
employee who shall be the designated representative of either, applying
for a retail food establishment license must register for and successfully
complete a basic food service training course approved by the Board
of Health ("certified personnel"). The person or persons chosen to
attend the training must be in a position to manage the proper operation
of the food establishment.[3]
(1)
For these retail food establishments where there are
over five or more employees working on the premises, in any capacity,
and any given time, this course must be completed within one year
of adoption of this section.
(2)
For all retail food establishments, this course must
be completed within two years of adoption of this section.
E.
Presence of certified personnel.
(1)
There shall be a certified personnel on a premises
at all times during food preparation. During other times when food
preparation is not taking place, there shall be a certified personnel
available to the retail food establishment during its hours of operation
and anytime during an emergency.
(2)
Certified personnel shall be required to share and
pass training and information on to all employees of that establishment.
F.
Continuing education. Every certified personnel, in
order to continue to enjoy that status under this section, shall be
required to be recertified by successfully completing at least two
hours of additional/refresher basic food service training no less
frequently than every three years.
G.
Posting of certification. Every food establishment
shall cause to be posted, in a prominent location for patrons, the
certification of each certified personnel.
H.
Exemption.
(1)
Any owner and/or manager or full-time employee of
a retail food establishment producing evidence of completion of a
similar or more comprehensive food handler's course shall be reviewed
for acceptance and exemption by the Board of Health.
(2)
Retail food establishments where there is no food
preparation, or personal food contact, shall be exempted from this
section.
