[Adopted 2-6-1967 by Ord. No. 67-2, Ch. 11,
Art. 2, of the former Revised Ordinances]
A code regulating retail food 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 3-69.6. A copy of said code is annexed hereto and made a part hereof
without the inclusion of the text thereof herein.
The said code established and adopted by this
article is described and commonly known as the "Retail Food Establishment
Code of New Jersey (1965)."
Ten copies of the said Retail Food Establishment
Code of New Jersey (1965) have been placed on file in the office of
the Health Officer of this local Board of Health[1] upon the introduction of this article and will remain
on file there until final action is taken on this article, for the
use and examination of the public.
[1]
Editor's Note: The Township Council in conjunction
with the Township Health Department acts as the Board of Health pursuant
to N.J.S.A. 40:69A-1 et seq.
[Amended 10-2-1967 by Ord. No. 67-14]
A.
No person shall operate a retail food establishment
unless a certificate, permit or license or approval of an existing
certificate, permit or license to operate same shall have been issued
by this Board of Health. Such certificate, permit, license or approval
of an existing certificate, permit or license shall be posted in a
conspicuous place in such establishment.
B.
Permits issued or approved under the provisions of
this article shall expire annually on December 31; and application
for renewal thereof shall be submitted, together with the required
fee, at least 10 days prior to December 31 of each year. A late fee
of $50 shall be imposed for permits issued or approved beyond the
time prescribed under the provisions of this article.
[Amended 12-20-2010 by Ord. No. 10-718]
C.
The annual fees for permits issued or approved under
the provisions of this article shall be:
[Amended 11-7-1988 by Ord. No. 88-326; 4-1-1991 by Ord. No. 91-380; 2-21-1994 by Ord. No. 94-435; 12-20-2010 by Ord. No.
10-718]
(2)
Retail food establishments:
(a)
License Category 1: $100.
[1]
Prepackaged and/or fresh foods.
[2]
Minimal food preparation of non-potentially hazardous foods.
[3]
Heating only of commercially processed foods, including potentially
hazardous items for hot holding.
[4]
No cooling of potentially hazardous foods.
[5]
Includes: convenience stores, coffee shops.
(b)
License Category 2: $200.
[1]
Prepackaged and/or fresh foods.
[2]
Prepare, cook, and serve most products to order, or for immediate
service, limited menu.
[3]
Limited hot/cold holding of potentially hazardous foods.
[4]
Limited cooling of potentially hazardous foods.
[5]
Includes: quick-service operations such as delicatessens, pizzerias,
take-out restaurants, bagel shops, ice cream shops, schools not serving
highly susceptible populations.
(c)
License Category 3: $300.
[1]
Normal food preparation operations involving full-service menus
and potentially hazardous foods.
[2]
Handling of raw ingredients.
[3]
Complex preparation of menu items, may including cooking, cooling
and reheating of potentially hazardous foods.
[4]
Includes: full-service restaurants, diners, bakeries, sushi
restaurants, nursery schools and schools serving highly susceptible
populations.
(d)
License Category 4: $450.
[1]
Exceptional food preparation operations involving full-service
menus, potentially hazardous foods, cooking, cooling and reheating
operations.
[2]
Multiple food operations (multiple departments, such as in a
supermarket).
[3]
Large volume of food being served.
[4]
Food served to a highly susceptible population.
[5]
Includes: supermarkets, banquet halls or catering facilities,
hospitals, nursing homes, establishments involved in processing or
wholesale operations.
(e)
Category designations shall be determined by the Health Officer
in accordance with New Jersey State Health Department guidelines under
N.J.A.C. 8:24-1 et al.
(3)
Fees for reinspections necessitated by a conditional or unsatisfactory rating given at the time of inspection of a retail food establishment licensed or to be licensed by the Township of Cedar Grove, including but not limited to caterers, road stands, ice cream trucks, restaurants, dining rooms, and eating or lunch houses serving food, shall be in the amount of the license fee applicable to the facility or premises under § 142-4C(2).
(4)
Any retail food establishment requiring an inspection for licensure
or as a result of an emergency during off-duty hours, such as weekends,
evenings or holidays, shall reimburse the Township for the reasonable
costs of the inspection regardless of the license fee.
D.
A person conducting an itinerant retail food establishment
shall secure a certificate, permit or license; or, if such person
is the holder of a certificate, permit or license issued by the Board
of Health of another jurisdiction, said certificate, permit or license
may be approved by this Board of Health, and there shall be a fee
of $40 charged in each case for such approval.
[Amended 11-7-1988 by Ord. No. 88-326]
E.
A certificate, permit, license or approval of permit
may be suspended or revoked for a violation by the holder of any provision
of this article or code after an opportunity for a hearing by the
Board of Health or its authorized representative.
F.
A certificate, permit, license or approval of a permit
issued by another Board of Health is not transferable.
This code shall also apply to any wholesale
food distributors, food-storage warehouses and food-vending machines
located within the Township.
Any person who violates any provision of or
order promulgated under this article or code established herein shall,
upon conviction thereof, be liable to a penalty of not less than $2
nor more than $100 for each violation. Each day a particular violation
continues shall constitute a separate offense.
