For the purpose of these regulations, the following words, phrases, names and terms shall be construed, respectively, to mean:
ADULTERATION
As defined in N.J.S.A. 24:5-8.
AGRICULTURAL MARKET
Any fixed or mobile retail food establishment which is engaged in the sale of raw agricultural products; but may include as a minor portion of the operation the sale of factory-sealed or prepackaged food products that do not normally require refrigeration.
APPROVED
Acceptable to the Department or Health Authority based on its determination as to conformance with appropriate standards and good public health practice.
CLOSED
Fitted together snugly leaving no openings large enough to permit the entrance of vermin.
CORROSION-RESISTANT MATERIAL
A material which maintains its original surface characteristics under prolonged influence of the food, cleaning compounds, and sanitizing solutions which may contact it.
EASILY CLEANABLE
Readily accessible and of such material and finish, and so fabricated, that residue may be completely removed by normal cleaning methods.
EMPLOYEE
Any person working in a retail food establishment who transports food or food containers, who engages in food preparation or service, or who comes in contact with any food utensils or equipment.
EQUIPMENT
All stoves, ranges, hoods, meatblocks, tables, counters, refrigerators, sinks, dishwashing machines, steam tables, and similar items, other than utensils, used in the operation of a retail food establishment.
FOOD
Any raw, cooked, or processed edible substances, beverage or ingredient used or intended for use or sale in whole or in part for human consumption.
FOOD CONTACT SURFACES
Those surfaces of equipment and utensils with which food normally comes in contact, and those surfaces with which food may come in contact and drain back onto surfaces normally in contact with food.
FOOD PROCESSING ESTABLISHMENT
A commercial establishment in which food is processed or otherwise prepared and packaged for human consumption.
HEALTH AUTHORITY
The properly appointed agent of the local Board of Health and/or State Department of Health to act in the enforcement of its ordinances and sanitary laws of the state.
KITCHENWARE
All multi-use utensils other than tableware used in the storage, preparation, conveying, or serving of food.
MISBRANDED
As defined in N.J.S.A. 34:5-16 and 17.
MOBILE RETAIL FOOD ESTABLISHMENTS
Any movable restaurant, truck, van, trailer, cart, bicycle, or other movable unit, including hand-carried, portable containers in or on which food or beverage is transported, stored, or prepared for retail sale or given away at temporary locations.
PERISHABLE FOOD
Raw fruits and vegetables or any food of such type or in such condition as may spoil.
PERSON
An individual, or a firm, partnership, company, corporation, trustee, association, or any public or private entity.
POTENTIALLY HAZARDOUS FOOD
Any perishable food which consists in whole or in part of milk or milk products, eggs, meat, poultry, fish, shellfish, or other ingredients capable of supporting rapid and progressive growth of infectious or toxigenic microorganisms.
RETAIL FOOD ESTABLISHMENT
Any fixed or mobile restaurant; coffee shop; cafeteria; short-order cafe; luncheonette; grill; tearoom; sandwich shop, soda fountain; tavern; bar; cocktail lounge; nightclub; roadside stand; industrial feeding establishment; private, public or nonprofit organization or institution serving food; catering kitchen; commissary; box lunch establishment; retail bakery; meat market; delicatessen; grocery store; public food market; or similar place in which food or drink is prepared for retail sale or for service on the premises or elsewhere; and any other retail eating or drinking establishment or operation where food is served, handled, or provided for the public with or without charge; except that agricultural markets, covered dish suppers or similar types of church or non-profit-type institution meal services shall meet the special provisions of § 396-69.
SAFE TEMPERATURES
As applied to potentially hazardous food, shall mean temperatures of 45º or below, and 140º or above, or 0º F. or below for frozen foods.
SANITIZE
Effective bactericidal treatment of clean surfaces of equipment and utensils by a process which has been approved by the Department or Health Authority as being effective in destroying microorganisms, including pathogens.
SEALED
Free of cracks or other openings which permit the entry or passage of moisture.
SINGLE-SERVICE ARTICLES
Cups, containers, lids or closures, plates, knives, forks, spoons, stirrers, paddles; straws, place mats, napkins, doilies, wrapping materials, and all similar articles which are constructed wholly or in part from paper, paperboard, molded pulp, foil, wood, plastic, synthetic, or other readily destructible materials, and which are intended by the manufacturers and generally recognized by the public as for one usage only, then to be discarded.
STATE DEPARTMENT, DEPARTMENT OF HEALTH, DEPARTMENT
The State Department of Health.
TABLEWARE
All multi-use eating and drinking utensils, including flatware (knives, forks, and spoons).
TEMPORARY RETAIL FOOD ESTABLISHMENT
Any retail food establishment which operates at a fixed location for a temporary period of time in connection with a fair, carnival, circus, public exhibition, or similar transitory gathering, including church suppers, picnics, or similar organizational meetings, mobile retail food establishments, as well as agricultural markets.
UTENSIL
Any tableware and kitchenware used in the storage, preparation, conveying or serving of food.
WHOLESOME
In sound condition, clean, free from adulteration, and otherwise suitable for use as human food.
A. 
Source, protection, wholesomeness, misbranding.
(1) 
Food in the retail food establishment shall be from a source which is in compliance with applicable state and local laws and regulations. Food from such sources shall have been protected from contamination and spoilage during subsequent handling, packaging, and storage, and while in transit.
(2) 
All food in retail food establishments shall be clean, wholesome, free from spoilage, free from adulteration and misbranding, and safe for human consumption. No hermetically sealed, nonacid and low-acid (above 4.5 pH) food which has been processed in a place other than a commercial food processing establishment shall be used.
(3) 
All milk, milk products, and milk substitutes, including fluid milk, other fluid dairy products and manufactured milk products, shall meet applicable state and local laws and regulations.
(4) 
Only pasteurized fluid milk and fluid milk products shall be used or served, except that dry milk and dry milk products may be reconstituted in the establishment, if used for cooking purposes only. Reconstituted dry milk and dry milk products shall be considered as potentially hazardous foods.
(5) 
All milk, fluid milk products and milk substitutes for drinking purposes shall be purchased and served from the original, individual container in which they were packaged at the milk plant, or shall be served from an approved bulk milk dispenser.
(6) 
Multi-use pitchers may be used for service of milk, fluid milk products or substitutes for use in beverages such as coffee, tea, cocoa, and in other items such as cereals and fruits, provided that:
(a) 
The unused portions of such products must be discarded after use by the customer or group served; and
(b) 
All such products must be served at a temperature of 45º F. or below.
B. 
Frozen desserts. All frozen desserts such as ice cream, soft frozen desserts, ice milk, sherbets, ices, and mix shall meet applicable state and local laws and regulations.
C. 
Shellfish.
(1) 
All fresh and frozen oysters, clams, and mussels shall be from sources certified by the state shellfish authority; provided that if the source is outside the state, it shall be one which is certified by the state of origin.
(2) 
Shell stock received and used in any retail food establishment shall be identified with a tag giving the name and certificate number of the original shell stock shipper and the kind and quantity of shell stock. Official shell stock tags shall be retained for at least 90 days by the buyer of the original containers of shell stock. Fresh and frozen shucked oysters, clams, and mussels shall be packed in nonreturnable containers identified with the name and address of the packer, repacker, or distributor, and the certificate number of the packer or repacker preceded by the abbreviated name of the state.
D. 
Meat, meat products, poultry and poultry meat products and game. All meat and meat products, including poultry and game animals, shall have been inspected for wholesomeness under an official regulatory program; provided that the Health Authority may accept other sources which are, in its opinion, satisfactory and which are in compliance with applicable state and local laws and regulations.
E. 
Bakery products. All bakery products served or sold in a retail food establishment shall have been prepared and handled in a retail food establishment or in a food processing establishment in accordance with the requirements of 3.2.3 of this section.
F. 
Microbacteriological standards. No person shall manufacture, process, produce, pack, possess, distribute, sell or offer for sale, deliver, or give away any potentially hazardous food or ready-to-eat food which contains bacteria in excess of standards established by rules and regulations of the New Jersey State Department of Health.
A. 
General protection of foods.
(1) 
All food, while being stored, prepared, displayed, served, or sold in retail food establishments, or transported, shall be protected against contamination from dust, flies, rodents, and other vermin, unclean utensils and work surfaces, unnecessary handling, coughs and sneezes, flooding, drainage, and overhead leakage, poisonous and toxic materials and any other source.
(2) 
Conveniently located refrigeration facilities, hot food storage and display facilities, and effective insulated facilities, shall be provided as needed to assure the maintenance of all food at required temperatures during storage, preparation, display, and service. Each cold storage facility used for the storage of perishable food shall be provided with an indicating thermometer accurate to 2º F., located in the warmest part of the facility in which food is stored, and of such type and so situated that the thermometer can be easily and readily observed for reading.
B. 
Food temperatures.
(1) 
All perishable food, such as raw fruits and vegetables, shall be stored at such temperatures as will protect against spoilage.
(2) 
All potentially hazardous food, except when being prepared, displayed and served as provided in Subsection B(3) of this section, shall be kept at 45º F. or below, or 140º F. or above. Frozen foods shall be maintained at or below 0º F. until removed from storage for preparation and use; provided that refrigeration of mayonnaise and salad dressings containing egg and egg products at temperatures of 45º F. or below may be waived if:
(a) 
All mayonnaise or salad dressings received from the manufacturer in the original container shall have a pH of not more than 4.1 and the acidity of the aqueous phase, expressed as acetic acid, is not less than 1.4%.
(b) 
When the original container of such product is opened for use, and part of the product placed in another container, and not held at temperatures required for potentially hazardous food products, the mayonnaise or salad dressing in the "working container" shall be discarded after three hours. Where the product is kept covered and held on the service line at 45º F. or below, the three-hour time limit shall not apply and it may be stored under refrigeration for the future use.
(c) 
Under no circumstance shall the product, in whole or in part, be returned to the original container whether it is or is not held under refrigeration. Where the product is removed from the original container, under sanitary procedures, the original container need not be refrigerated.
(d) 
When the original product is diluted, in any manner, the resulting product shall be subjected to temperature requirements for potentially hazardous food products.
(3) 
All potentially hazardous food, when placed on display for service, shall be kept hot or cold as required hereafter:
(a) 
If served hot, the temperature of such food shall be kept at 140º F. or above;
(b) 
If served cold, such food shall be:
[1] 
Displayed in or on a refrigerated facility which can reduce or maintain the product temperature at 45º F. or below; or
[2] 
Prechilled rapidly to a temperature of 45º F. or below, when placed on display for service, and the food temperature shall at no time during the display period exceed 55º F.
(4) 
Following preparation, hollandaise and other sauces which, pending service, must be held at the temperature of 45º F. to 140º F., may be exempt from the temperature requirements of this subsection, if they are prepared from fresh ingredients and are discarded as waste within three hours after preparation. Where such sauces require eggs as an ingredient, only uncracked shell eggs, pasteurized frozen or dried eggs shall be used.
(5) 
Frozen food shall be kept at such temperatures as to remain frozen, except when being thawed for preparation or use. Potentially hazardous frozen food shall be thawed at refrigerator temperatures of 45º F. or below; or under cool, potable running water (70º F. or below); or quick-thawed as part of the cooking process; or by any other method satisfactory to the Department or Health Authority.
C. 
Food preparation.
(1) 
In preparing all raw meats, poultry and fish, other ready-to-eat foods shall not be permitted to touch these uncooked products or any equipment surfaces which such raw products have touched prior to sanitization. After handling such raw products, hands shall be carefully washed and all equipment surfaces that the raw meats, poultry, and fish touched shall be washed and sanitized.
(2) 
Convenient and suitable equipment and utensils, slicers, grinders, saws, cleavers, can openers, forks, knives, tongs, spoons, spatulas, scoops, and the like shall be provided to minimize handling of food at all points where food is prepared.
(3) 
All raw fruits and vegetables shall be washed thoroughly before being cooked or served.
(4) 
Stuffings, poultry, stuffed meats and poultry and pork and pork products shall be heated throughout, to a minimum temperature of 165º F., with no interruption of the initial cooking process.
(5) 
Meat, poultry, fish, potato, egg, and similar salads, cream-filled pastries, and other potentially hazardous prepared food shall be prepared (preferably from chilled products) with a minimum of manual contact, and on surfaces and with utensils which are clean and which, prior to use, have been sanitized.
(6) 
Custards, cream fillings, or similar products which are prepared by hot or cold processes, and which are used as puddings or pastry fillings, shall be kept at safe temperatures above 140º F. or below 45º F. except during necessary periods of preparation and service, and shall meet the following requirements as applicable:
(a) 
Pastry fillings shall be placed in shells, crusts, or other baked goods either while hot (not less than 140º F.) or immediately following preparation, if cold process is used; or
(b) 
Such fillings and puddings shall be refrigerated at 45º F. or below in shallow pans properly protected from dust and other contamination, immediately after cooking or preparation and then held thereat until combined into pastries, or served.
(c) 
All completed custard-filled and cream-filled or similar type pastries shall, unless served immediately following filling, be refrigerated at 45º F. or below promptly after preparation, and held at that temperature until served.
D. 
Food storage.
(1) 
Containers of food shall be stored above the floor, on clean racks, dollies or other clean surfaces in such a manner as to be protected from splash and other contamination. Additionally, foods in bulk storage must be elevated above the floor on racks or dollies, and aisles must be provided between articles in storage and walls, and masses of foods must be broken down into manageable cells with aisles to allow for cleaning and inspection and to prevent insect and rodent harborage.
(2) 
Food not subject to further washing or cooking before serving shall be stored in such manner as to be protected against contamination from food requiring washing or cooking.
(3) 
Packaged or bottled food shall not be stored submerged in water or other liquids.
E. 
Food display and service.
(1) 
Where prepared, unwrapped food is placed on display in all types of retail food establishments, it shall be protected by cleanable, counter-protector devices, cabinets, display cases, containers, or similar types of protective equipment. Self-service openings in counter guards shall be so designed and arranged to protect food from manual contact by customers. Portions of food, once served to a customer, shall not be served again. Wrapped food, other than potentially hazardous food, which is still wholesome and has not been unwrapped, may be served again.
(2) 
Buffets, smorgasbords or other foods, offered to the consumer where the consumer may make a choice to partake, need not be covered, provided other sections pertaining to and applicable to such forms of service of food, particularly including those of Subsection B relating to temperatures, shall apply.
(3) 
Tongs, forks, spoons, picks, spatulas, scoops, and other suitable utensils shall be provided and shall be used by employees to reduce manual contact with food to a minimum. For self-service by customers, similar implements shall be provided.
(4) 
Dispensing scoops, spoons, and dippers, used in serving frozen desserts, shall be stored, between uses, either in a running water dipper well, or in a manner satisfactory to the Department or Health Authority.
(5) 
Sugar shall be provided only in closed dispensers or in individual packages.
F. 
Food transportation.
(1) 
The requirements for storage, display, and general protection against contamination as contained in this section shall apply in the transporting of all food from a retail food establishment to another location for service, catering or other distribution, and all potentially hazardous food shall be kept at 45º F. or below, or 140º F. or above, and frozen foods at or below 0º F., during transportation.
(2) 
During the transportation of food to or from a retail food establishment, all foods shall be in covered containers or completely wrapped or packaged so as to be protected from contamination, except raw agricultural products, which will be washed, peeled, or otherwise prepared for consumption in such a manner to remove the danger of possible contaminants.
G. 
Poisonous and toxic materials.
(1) 
Only those poisonous and toxic materials required to maintain the establishment in a sanitary condition, and for sanitization of equipment and utensils, shall be present in any area used in connection with retail food establishments, other than those products for sale which must be stored in a specifically identified and designated area. Poisonous polishing materials shall not be used on equipment or utensils, nor stored in the establishment other than as indicated previously.
(2) 
All containers of poisonous and toxic materials shall be prominently and distinctively marked or labeled for easy identification as to contents.
(3) 
When not in use, poisonous and toxic materials shall be stored in cabinets, which are used for no other purpose, or in a place which is outside the food storage, food preparation, and cleaned equipment and utensil storage rooms. Bactericides and cleaning compounds shall not be stored in the same cabinet or area of the room with insecticides, rodenticides, or other poisonous materials.
(4) 
Bactericides, cleaning compounds, or other compounds, intended for use on food contact surfaces, shall not be used in such a manner as to leave a toxic residue on such surfaces, or to constitute a hazard to employees or customers.
(5) 
Poisonous compounds such as insecticides and rodenticides, in powdered form, shall have a distinctive color as not to be mistaken for food or food condiments.
(6) 
Poisonous materials and compounds shall not be used or stored in any way as to contaminate food, equipment, or utensils, nor to constitute other hazards to employees or customers.
A. 
Health and disease controls. Persons, while affected with any disease in a communicable form, or while a carrier of such disease, or while affected with boils, infected wounds, sores, acute respiratory infection, nausea, vomiting, diarrhea which could cause foodborne diseases such as staphylococcal intoxication, salmonellosis, typhoid fever or hepatitis, shall not work in any area of a food establishment in any capacity in which there is a likelihood of such person contaminating food or food contact surfaces with pathogenic organisms, or transmitting disease to other individuals, and no person known or suspected of being affected with any such disease or condition shall be employed in any such area or capacity. If the manager or person in charge has reason to suspect that any employee has contracted any disease in a communicable form which could result in foodborne disease or has become a carrier of such disease, he shall advise the employee to contact his physician for treatment and shall relieve him of duties relating to food handling or food contact surfaces.
B. 
Hygienic practices.
(1) 
Employees shall maintain a high degree of personal cleanliness and shall conform to good hygienic practices during all working periods. Persons engaged in handling food and food contact surfaces shall not wear jewelry in a manner which could contaminate or become incorporated in the food.
(2) 
Employees shall not use tobacco in any form while engaged in food preparation or service, or while in equipment and utensil washing or food preparation areas; provided that locations in such areas may be designated by management for smoking, where no contamination hazards will result.
C. 
Handwashing.
(1) 
The hands of all employees shall be kept clean while engaged in handling food and food contact surfaces. Employees shall thoroughly wash their hands and exposed arms with soap and warm water before starting work, and shall wash hands during work hours as often as may be required to remove soil and contamination, as well as after visiting the toilet room. Approved separate handwashing facilities shall be provided at convenient locations as necessary to maintain clean hands and arms during working hours. Utensil washing sinks or vats are not acceptable as washing facilities for personnel.
(2) 
Employees shall keep their fingernails clean and neatly trimmed.
D. 
Clothing.
(1) 
All persons, including dishwashers, engaged in handling food or food contact surfaces shall wear clean, washable outer garments.
(2) 
Employees engaged in the preparation and service of food and other persons who may come in contact with these operations shall take necessary steps to keep hair from food and food contact surfaces.
A. 
Design, construction and materials; location.
(1) 
Design, construction and materials.
(a) 
All equipment and utensils shall be so durable under normal conditions and operations as to be resistant to denting, buckling, pitting, chipping, crazing, and excessive wear; and shall be capable of withstanding repeated scrubbing, scouring, and the corrosive action of cleaning and sanitizing agents and food with which they come in contact.
(b) 
Food contact surfaces of equipment and utensils shall be smooth; shall be free of breaks, open seams, cracks, chips, pits, and similar imperfections; shall be in good repair; and shall be easily accessible for cleaning and inspection.
(c) 
Materials used as food contact surfaces of equipment and utensils shall, under use conditions, be corrosion resistant, nontoxic, and relatively nonabsorbent. Cutting blocks, boards, and bakers' tables shall be of hard maple or equivalent material which is nontoxic, smooth, and free of cracks, crevices, and open seams. Cutting boards shall be easily removable and cleanable, except, that the corrosion-resistant requirements shall not preclude the use of cast iron as a food contact material and that, when approved by the Department or local health authority, exceptions may be made to the above materials requirements for equipment such as cutting boards, blocks, and bakers' tables.
(d) 
Food contact surfaces of equipment and utensils shall be free of difficult-to-clean internal corners and crevices. Threads which routinely contact food shall be of sanitary design, and no V-type threads shall be used in such a situation.
(e) 
Lubricated bearings and gears of equipment shall be so constructed that lubricants cannot get into food or onto food contact surfaces.
(f) 
All food contact surfaces, unless designed for in-place cleaning, shall be accessible for manual cleaning and for inspection either:
[1] 
Without being disassembled; or
[2] 
By disassembling without the use of tools; or
[3] 
By easy disassembling with the use of only simple tools kept available near the equipment, such as a mallet, a screwdriver, or an open-end wrench.
(g) 
Equipment intended for in-place cleaning shall be so designed and constructed so that:
[1] 
Cleaning and sanitizing solutions can be circulated throughout a fixed system.
[2] 
Cleaning and sanitizing solutions will contact all interior surfaces.
[3] 
The system is self-draining or otherwise completely evacuated.
[4] 
Cleaning procedures result in thorough cleaning of the equipment.
(h) 
Surfaces of equipment not intended for contact with food, but which are exposed to splash, food debris, or otherwise require frequent cleaning, shall be reasonably smooth, washable, free of unnecessary ledges, projections, or crevices, readily accessible for cleaning, and of such material and in such repair as to be readily maintained in a clean and sanitary condition.
(i) 
Wicker or plastic woven-type or other hard-to-clean bread baskets, when suitably lined with a clean, disposable material or a clean, washable material, may be used for unwrapped food.
(j) 
Soft solder, when used as a food contact surface, shall be limited to joining metal or sealing seams between abutting metal surfaces; shall be of such formulation as to be nontoxic under use conditions; shall contain at least 50% tin; shall contain no more lead than is necessary under good manufacturing practice; and shall, consistent with good industrial practice in the refining of its constituent elements, be free of cadmium, antimony, bismuth, and other toxic materials.
(k) 
Hard solder (silver solder), when used as a food contact surface, shall be of such formulation as to be nontoxic under use conditions; shall be corrosion resistant; and shall, consistent with good industrial practice in the refining of its constituent elements, be free of cadmium, antimony, bismuth, and other toxic materials.
(l) 
Single-service articles shall be made from nontoxic materials.
(2) 
Location of equipment.
(a) 
Equipment which is placed on tables or counters, unless readily movable, shall be sealed thereto or mounted on legs or feet at least four inches high, and shall be so installed as to facilitate the cleaning of the equipment and areas adjacent thereto.
(b) 
Floor-mounted equipment, unless readily movable, shall be sealed to the floor; or shall be installed on raised platforms of concrete or other smooth masonry in such a manner as to prevent liquids or debris from seeping or settling underneath, between or behind such equipment in spaces which are not fully open for cleaning and inspection; or such equipment shall be elevated at least six inches above the floor. The space between adjoining units, and between a unit and the adjacent wall, shall be closed unless exposed to seepage, in which event it shall be provided to facilitate any cleaning between, behind, and beside all such equipment.
(c) 
Aisles or working spaces between equipment, and between equipment and walls, shall be unobstructed and of sufficient width to permit employees to perform readily their duties without contamination of food or food contact surfaces by clothing or through personal contact.
B. 
Cleansing and sanitation.
(1) 
Equipment and utensil cleanliness.
(a) 
After each usage, all tableware shall be thoroughly cleaned to sight and touch.
(b) 
After each usage, all kitchenware and food contact surfaces of equipment, exclusive of cooking surfaces, used in preparation, serving, display, or storage of such food shall be thoroughly cleaned to sight and touch. The cooking surfaces of grills, griddles, and similar cooking devices shall be cleaned at least once a day, and shall be free of encrusted grease deposits and other soil at all times.
(c) 
Nonfood contact surfaces of all equipment used in the operation of a retail food establishment including tables, counters, shelves, mixers, grinders, slicers, hoods, and fans, shall be cleaned at such frequency as is necessary to be free of accumulations of dust, dirt, food particles, other debris, and to maintain them in a sanitary condition.
(d) 
Detergents and abrasives shall be rinsed off food contact surfaces.
(e) 
Cloths used by waiters, chefs, and other personnel shall be clean, and any such cloths used for wiping food contact surfaces shall be used for no other purpose.
(2) 
Equipment and utensil sanitization.
(a) 
All tableware shall, after each use, be sanitized. A spoon or other utensil, once used for tasting food, shall not be reused until it has been cleaned and sanitized.
(b) 
All kitchenware and food contact surfaces of equipment used in the preparation, service, display, or storage of potentially hazardous food shall be sanitized prior to such use and following any interruption of operations during which contamination of the food contact surfaces is likely to have occurred. Where equipment and utensils are used for the preparation of potentially hazardous food on a continuous or production-time basis, the food contact surfaces of such equipment and utensils shall be cleaned and sanitized at intervals throughout the day on a schedule satisfactory to the Department or Health Authority.
(3) 
Methods and facilities for washing and sanitizing.
(a) 
Prior to washing, all equipment and utensils shall be preflushed or prescraped and, when necessary, presoaked to remove gross food particles and soil.
(b) 
Effective concentrations of a suitable detergent shall be used in both manual and mechanical dishwashing.
(c) 
When manual dishwashing is employed, equipment and utensils shall be thoroughly washed in a detergent solution which is kept clean, and then shall be rinsed free of such solution. All eating and drinking utensils and, where required, the food contact surfaces of all other equipment and utensils shall be sanitized by one of the following methods:
[1] 
Immersion for at least 1/2 minute in clean hot water at a temperature of at least 170º F.
[2] 
Immersion for a period of at least one minute in a sanitizing solution containing:
[a] 
At least 50 ppm of available chlorine at a temperature not less than 75º F; or
[b] 
At least 12.5 ppm of available iodine in a solution having a pH not higher than 5.0 and a temperature of not less than 75º F.; or
[c] 
Any other chemical sanitizing agent which has been demonstrated to the satisfaction of the Department or Health Authority to be effective and nontoxic under use conditions, and for which a suitable field test is available. Such sanitizing agents, in use solutions, shall provide the equivalent bactericidal effect of a solution containing at least 50 ppm of available chlorine at a temperature not less than 75º F.
[3] 
Equipment too large to treat by methods [1] and [2] above may be treated:
[a] 
With live steam from a hose, in the case of equipment in which steam can be confined; or
[b] 
By rinsing with boiling water; or
[c] 
By spraying or swabbing with a chemical sanitizing solution of at least twice the minimum strength required for the particular sanitizing solution when used for immersion sanitization.
(d) 
A three-compartment sink or its equivalent shall be provided and used wherever washing and sanitization of equipment or utensils are conducted manually; provided that in establishments where the only utensils to be washed are limited to spatulas, tongs, and similar devices, and when the only equipment to be cleaned is stationary and does not require disassembly for proper cleaning, a one-compartment sink may be approved by the Department or Health Authority for this purpose. At least a two-compartment sink shall be provided and used for washing kitchenware and equipment which does not require sanitization or procedures approved by the Department or Health Authority under Subsection B(2)(l). Single-compartment sinks, such as cooks' and bakers' sinks, may be used for the prerinsing of utensils.
(e) 
Sinks used for manual washing and sanitizing operations shall be of adequate length, width, and depth to permit the complete immersion of the equipment and utensils, and each compartment of such sinks shall be supplied with hot and cold running water. Dish baskets shall be of such design as to permit complete immersion of the utensils and equipment components being sanitized therein.
(f) 
When hot water is used as the sanitizing agent in manual operations, thermometers, accurate to 2º F., shall be provided convenient to the sink to permit frequent checks of the water temperature.
(g) 
Dish tables, drainboards, or racks of adequate size for proper handling of soiled utensils prior to washing and for cleaned utensils following rinsing or sanitization shall be provided and shall be so located or constructed as not to interfere with the proper use of the dishwashing facilities; provided that the drainboards shall not be required for cooks' and bakers' rinse sinks.
(h) 
Sinks, dish tables, and drainboards shall be constructed of galvanized metal or better, suitably reinforced, of such thickness and design as to resist denting and buckling, and sloped so as to be self-draining.
(i) 
Dishwashing machines shall be of such materials and so designed and constructed as to be easily cleanable, and shall be capable, when operated properly, of rinsing all surfaces of equipment and utensils clean to sight and touch, and sanitized.
(j) 
When spray-type dishwashing machines are used, the following additional requirements shall be met:
[1] 
Wash water shall be kept clean, and rinse-water tanks shall be so protected by distance, baffles, or other effective means as to minimize the entry of wash water into the rinse water.
[2] 
The flow pressure shall not be less than 15 or more than 25 pounds per square inch on the water line at the machine, and not less than 10 pounds per square inch at the rinse nozzles. A suitable gauge cock should be provided immediately upstream from the final rinse valves to permit checking the flow pressure of the final rinse water.
[3] 
The wash-water temperature shall be at least 140º F. and in single-tank conveyor machines shall be at least 160º F. When hot water is relied upon for sanitization, the final or fresh rinse water shall be at a temperature of at least 180º F. at the entrance of the manifold. When a pumped rinse is provided, the water shall be at a temperature of at least 170º F. When chemicals are relied upon for sanitization, they shall be of a class or type approved by the Department or Health Authority, and shall be applied in such concentration and for such a period of time as to provide effective bactericidal treatment of the equipment and utensils.
[4] 
Conveyors in dishwashing machines shall be accurately timed to assure proper exposure times in wash and rinse cycles.
[5] 
An easily readable thermometer shall be provided in each tank of the dishwashing machine, which will indicate to an accuracy of 2º F. the temperature of the water or solution therein. In addition, a thermometer of equal accuracy shall be provided, which will indicate the temperature of the final rinse water as it enters the manifold.
[6] 
Jets, nozzles, and all other parts of each machine shall be maintained free of chemical deposits, debris, and other soil. Automatic detergent dispensers, if used, shall be kept in proper operating condition.
(k) 
When an immersion-type dishwashing machine is employed for equipment and utensil washing and sanitizing, the applicable requirements pertaining to manual dishwashing shall be met; provided that a two-compartment system shall be deemed adequate when the temperature of the wash water is maintained at or above 140º F. and hot water at a temperature of at least 170º F. is used as the sanitizing agent.
(l) 
Any other type of machine, device, or facilities, and procedures may be approved by the Department or local health authority for cleaning or sanitizing equipment and utensils, if it can be readily established that such machine, device, or facilities and procedures will routinely render equipment and utensils clean to sight and touch and provide effective bactericidal treatment.
(4) 
Storage and handling of cleaned equipment and utensils.
(a) 
Food contact surfaces of cleaned and sanitized equipment and utensils shall be handled in such a manner so as to be protected from contamination. Cleaned spoons, knives, and forks shall be picked up and touched only by their handles. Clean cups, glasses, and bowls shall be handled so that fingers and thumbs do not contact inside surfaces or lip-contact surfaces.
(b) 
Cleaned, and cleaned and sanitized, portable equipment and utensils shall be stored above the floor in a clean, dry location, and suitable space and facilities shall be provided for such storage so that food contact surfaces are protected from splash, dust, and other contamination. The food contact surfaces of fixed equipment shall also be protected from splash, dust or other contamination. Utensils shall be air-dried before being stored, or shall be stored in self-draining position on suitably located hooks or racks constructed of corrosion-resistant material. Wherever practicable, stored containers and utensils shall be covered or inverted; nesting of containers is to be discouraged. Facilities for the storage of flatware (silverware) shall be provided and shall be designed and maintained to present the handle to the employee or customer.
(5) 
Single-service articles.
(a) 
Single-service articles shall be stored in closed cartons or containers which protect them from contamination.
(b) 
Such articles shall be handled and dispensed in such a manner as to prevent contamination of surfaces which may come into contact with food or with the mouth of the user.
(c) 
Single-service articles shall be used only once.
(d) 
All retail food establishments which do not have adequate and effective facilities for cleaning and sanitizing utensils shall use single-service articles.
A. 
Water.
(1) 
Adequacy, safety, and quality of water.
(a) 
The water supply shall be adequate as to quantity, of a safe, sanitary quality, and from a public or private water supply system, which is constructed, protected, operated, and maintained in conformance with applicable state and local laws, ordinances, and regulations; provided that if approved by the Department of Environmental Protection, a nonpotable water supply system may be permitted within the establishment for purposes such as air conditioning and fire protection, only if such system complies fully with Subsection C(2) of this section, and the nonpotable water supply is not used in such a manner as to bring it into contact, either directly or indirectly, with food, food equipment, or utensils.
(b) 
Hot and cold running water, under pressure, shall be provided in all areas where food is prepared, and where equipment utensils or containers are washed.
(2) 
Transporting and dispensing water.
(a) 
All water, not piped into the establishment directly from the source, shall be transported, handled, stored, and dispensed in a sanitary manner whereby it will not become contaminated.
(b) 
Drinking water, if not dispensed through the water supply system of the retail food establishment, may be stored in a separate nonpressurized tank, reservoir, or other container.
(3) 
Ice.
(a) 
Ice shall be made from water meeting the requirements of Subsection (1) of this subsection, in an ice-making machine which is located, installed, operated, and maintained so as to prevent contamination of the ice; or shall be obtained from a source meeting standards approved by law.
(b) 
Ice shall be handled, transported, and stored in a sanitary manner so as to be protected against contamination. If block ice is used, the outer surfaces shall be thoroughly rinsed so as to remove any soil before it is used for any purpose.
(c) 
If ice crushers are used, they shall be maintained in a clean condition and shall be covered when not in use.
(d) 
If ice is used, containers and utensils shall be provided for storing and serving it in a sanitary manner. Ice buckets, other containers, and scoops, unless they are of the single-service type, shall be of a smooth impervious material, and designed to facilitate cleaning. They shall be kept clean, and shall be stored and handled in a sanitary manner. Only sanitary containers shall be used for the transportation or storage of any ice used in the retail food establishment. Canvas containers shall not be used unless provided with a sanitary, single-service liner so as to completely protect the ice.
B. 
Sewage. All sewage shall be disposed of by means of:
(1) 
A public sewerage system; or
(2) 
A disposal system which is constructed and operated in conformance with applicable state and local laws, ordinances, and regulations.
C. 
Plumbing.
(1) 
Size, installation, and maintenance of plumbing.
(a) 
All plumbing shall be so sized, installed and maintained in accordance with applicable state and local plumbing laws, ordinances, and regulations as to carry adequate quantities of water to required locations throughout the establishment; as to prevent contamination of the water supply; as to properly convey sewage and liquid wastes from the establishment to the sewerage or sewage disposal system; and so that it does not constitute a source of contamination of food, equipment, or utensils, or create an unsanitary condition or nuisance.
(b) 
The potable water supply piping shall not be directly connected with any nonpotable water supply system whereby the nonpotable water can be drawn or discharged into the potable water supply system. The piping of any nonpotable water system shall be adequately and durably identified, such as by distinctive yellow-colored paint, and so that it is readily distinguished from piping which carries potable water; and such piping shall not be connected to equipment or have outlets in the food preparation area.
(c) 
The potable water system shall be installed in such a manner as to preclude the possibility of backsiphonage.
(d) 
Grease traps shall not be required, except in special cases as may be determined by the Department or Health Authority.
(2) 
Drains.
(a) 
Refrigerators, steam kettles, potato peelers, and similar types of enclosed equipment in which food, portable equipment or utensils are placed shall not be directly connected to the drainage system. Each waste pipe from such equipment shall discharge into an open, accessible, individual waste sink, floor drain, or other suitable fixture which is properly trapped and vented; provided that indirect connections of drain lines from other equipment used in the preparation of food or washing of equipment and utensils may be required by the Department or Health Authority when, in its opinion, the installation is such that backflow of sewage is likely to occur. Each walk-in refrigerator shall be equipped with a floor drain, so installed as to preclude the backflow of sewage into the refrigerator; or all parts of the floor of each walk-in refrigerator shall be graded to drain to the outside through a wastepipe, doorway, or other opening. Walk-in refrigerators installed before enactment of this chapter shall be excluded from the requirement of a floor drain, and such floors shall be kept in a sanitary condition.
(b) 
Indirect waste connections shall be provided for drain overflows, or relief vents from the water supply system.
(c) 
Drain lines from equipment shall not discharge wastewater in such a manner as will permit the flooding of floors or the flowing of water across working or walking areas, or into difficult-to-clean areas, or otherwise create a nuisance.
D. 
Adequacy, location, accessibility, installation, design, and maintenance of toilet facilities.
(1) 
Each retail food establishment shall be provided with adequate, conveniently located toilet facilities accessible to the employees at all times; provided that mobile units from which only prewrapped food or beverages are served are exempt.
(2) 
Toilet facilities shall be installed in accordance with applicable state and local laws, ordinances, and regulations. When a common toilet is used for employees and patrons, access shall not be through food preparation, food storage, and utensil and equipment washing areas.
(3) 
Water closets and urinals shall be of a sanitary design and be cleanable.
(4) 
Toilet rooms shall be completely enclosed, and shall have tight-fitting, self-closing doors. Such doors shall not be left open except during cleaning or maintenance. If vestibules are provided, they shall be kept in a clean condition and in good repair.
(5) 
Toilet facilities, including toilet rooms and fixtures, shall be kept clean and in good repair, and free of objectionable odors.
(6) 
A supply of toilet tissue shall be provided at each toilet at all times. Handwashing signs stating "Wash Hands Before Resuming Work" shall be posted conspicuously in all toilet rooms and at each separate lavatory facility in a retail food establishment. It is also recommended that a statement concerning disease transmission be included. Easily cleanable receptacles shall be provided for waste materials, and such receptacles in toilet rooms for women shall be covered. Such receptacles shall be emptied at least once a day, and more frequently when necessary to prevent excessive accumulation of waste material.
E. 
Adequacy, location, installation, design, and maintenance of handwashing facilities.
(1) 
Lavatories shall be adequate in size and number and shall be so located as to permit convenient and expeditious use by all employees.
(2) 
Lavatories shall be located within or immediately adjacent to all toilet rooms or vestibules. In all new establishments, and establishments which are extensively altered, employee lavatories shall also be located within the area where food is prepared.
(3) 
Lavatories shall be installed in accordance with applicable state and local laws, ordinances, and regulations.
(4) 
Each lavatory shall be designated to provide hot and cold or tempered (100º F. to 115º F.) running water. Where hot and cold running water is provided, a mixing valve or combination faucet is recommended and shall be required in new installations. Steam mixing valves are prohibited.
(5) 
An adequate supply of hand cleansing soap or detergent shall be available at each lavatory. An adequate supply of sanitary towels, or an approved hand-drying device, shall be available and conveniently located near the lavatory. Common towels are prohibited. Where disposable towels are used, waste receptacles shall be located conveniently near the handwashing facilities.
(6) 
Lavatories, soap dispensers, hand-drying devices, and all other components of the handwashing facilities shall be kept clean and in good repair.
F. 
Adequacy, location, accessibility, installation, design, and maintenance of garbage and rubbish disposal facilities.
(1) 
All garbage and rubbish containing food waste shall be kept in leakproof, nonabsorbent containers constructed of durable metal or other approved types of material, which do not leak and do not absorb liquids.
(2) 
All containers shall be provided with tight-fitting lids or covers and shall, unless kept in a special vermin-proofed room or enclosure or in a waste refrigerator, be kept covered when stored or not in continuous use.
(3) 
After being emptied, each container shall be thoroughly cleaned on the inside and outside in a manner so as not to contaminate food, equipment, utensils, or food preparation areas. Adequate cleaning facilities, including brushes, shall be provided for washing garbage containers and shall be used for no other purpose. Can-washing machines, steam-cleaning devices, or similar equipment should be used where the operation is large enough to warrant this type of equipment. Wastewater from such cleaning operations shall be disposed of as sewage.
(4) 
There shall be a sufficient number of containers to hold all of the garbage and rubbish containing food waste which accumulates between periods of removal from the premises.
(5) 
Garbage and rubbish containing food waste shall be stored so as to be inaccessible to vermin. All other rubbish shall be stored in containers, rooms, or areas in such a manner as not to constitute a public nuisance. The rooms, enclosures, areas, and containers used shall be adequate for the storage of all food waste and rubbish accumulating on the premises.
(6) 
Storage facilities shall be adequate for the proper storage of all garbage and rubbish.
(7) 
Storage areas shall be clean, and shall not constitute a nuisance.
(8) 
Storage rooms or enclosures shall be constructed of easily cleanable, washable materials and shall be vermin proofed. The floors, and the walls up to at least the level reached by splash or spray, shall be of relatively nonabsorbent materials. Garbage containers outside the establishment shall be stored either on a concrete slab, or on a rack which is at least 12 inches above the ground for a single bank of containers, or 18 inches above the ground for a multiple bank of containers.
(9) 
Food waste grinders, if permitted, shall be so constructed and installed as to comply with applicable state and local plumbing laws, ordinances, and regulations.
(10) 
All garbage and rubbish shall be disposed of daily, or at such other frequencies and in such a manner as to prevent a public health nuisance.
(11) 
Where garbage or combustible rubbish is permitted to be incinerated on the premises, such materials must be burned in an incinerator licensed by the New Jersey State Department of Environmental Protection, that is capable of operating without emitting excessive smoke or causing a nuisance and shall be operated in compliance with state and local regulations. Areas around such incinerators shall be kept in a clean and orderly condition. Open burning of garbage and combustible rubbish is prohibited.
G. 
Vermin control.
(1) 
Effective control measures shall be utilized to minimize and eliminate the presence of rodents, flies, roaches, and other vermin in the establishment and on the premises. The premises shall be kept in such condition as to prevent the harborage or feeding of vermin.
(2) 
Unless flies and other flying insects are absent from the immediate vicinity of the establishment, all openings to the outer air shall be effectively protected against the entrance of such insects by self-closing doors, closed windows, screening, controlled air currents, or other effective means.
(3) 
Screening material shall not be less than 16 mesh to the inch or equivalent.
(4) 
Screen doors to the outer air shall be self-closing; and screens for windows, doors, skylights, transoms, and other openings to the outer air shall be tight-fitting and free of breaks.
(5) 
All openings to the outside shall be effectively protected against the entrance of rodents.
A. 
Floors, walls, and ceilings.
(1) 
All floors shall be kept clean and in good repair. Non-slip agents may be used on floors under the following conditions:
(a) 
Such agent shall be dry, clean, free of foreign material, obnoxious odors and shall not create dust or a tracking problem. If such agent is sawdust, it shall contain not more than 5% fines by weight passing #20 screen.
(b) 
Such agent shall be packaged in single-service paper or plastic containers.
(c) 
Such agent shall be changed at least daily and more often if deemed necessary.
(2) 
The floor surfaces in kitchens, in all other rooms and areas in which food is stored or prepared and in which utensils are washed, and in walk-in refrigerators, dressing or locker rooms, and toilet rooms, shall be of smooth, nonabsorbent materials, and so constructed as to be easily cleanable; provided that in areas subject to spilling or dripping of grease or fatty substances, such floor coverings shall be of grease-resistant materials; and provided further that floors of non-refrigerated dry food storage areas need not be nonabsorbent.
(3) 
Floor drains with covers and seals shall be provided in floors which are water-flushed for cleaning or which receive discharges of water or other fluid waste from equipment. Such floors shall be graded to drain.
(4) 
Carpeting, where used on floors, shall be installed and maintained to avoid accumulations of grease and filth that create odors and other nuisances and attract and feed rodents, insects and vermin, and shall be clean to sight, touch and smell.
(5) 
The walking and driving surfaces and all other exterior areas of retail food establishments, such as drive-in restaurants, sidewalk cafes, patio service, chuck wagon service barbecues, bakeries, luncheonettes and grocery stores, shall be kept clean and free of debris, and shall be properly drained so that water will not accumulate. Walking and driving surfaces shall be surfaced with concrete or asphalt, or with gravel or similar material effectively treated to facilitate maintenance and to minimize dust.
(6) 
Mats or duckboards, if permitted, shall be so constructed as to facilitate being cleaned, and shall be kept clean. They shall be of such design and size as to permit easy daily removal for cleaning.
(7) 
All concrete, terrazzo, or ceramic tile floors, hereafter installed in food preparation, food storage, and utensil washing rooms and areas, and in walk-in refrigerators, dressing or locker rooms, and toilet rooms, shall provide a coved juncture between the floor and wall. In all cases, the juncture between the floor wall shall be closed.
(8) 
All walls and ceilings, including doors, windows, skylights, and similar closures, shall be kept clean and in good repair.
(9) 
The walls of all food preparation, utensil washing, and hand-washing rooms or areas shall have light colored, smooth, easily cleanable surfaces, and such surfaces shall be washable up to at least the highest level reached by splash or spray; provided that in instances where grills have been made part of the decor of a dining area in view of the public, the requirement for smooth light-colored surfaces is waived, providing these surfaces are maintained in a clean condition and meet all other requirements of this chapter. Acoustical materials may be used on the ceiling, provided ventilation is adequate to minimize grease and moisture absorption. When rough-surfaced acoustical materials are used, a smooth, cleanable material should be provided around the ventilation ducts to facilitate cleaning. The use of such materials on kitchen ceilings should be discouraged.
(10) 
Wall covering materials used, such as sheet metal, linoleum, plastic, paper and similar materials, shall be so attached and sealed to the wall or ceiling as to leave no open spaces or cracks which would permit accumulation of grease or debris, or provide harborage for vermin.
(11) 
Studs, joists, and rafters shall not be left exposed in food preparation or utensil washing areas or toilet rooms. If left exposed in other rooms or areas, they shall be suitably finished and shall be kept clean and in good repair.
(12) 
Wherever food is exposed, light fixtures, decorative material and similar equipment and material attached to walls or ceilings shall be of the safety type or otherwise protected, kept clean, and where possible light fixtures should be recessed. Lighting fixtures or facilities shall be protected from breakage and contamination of food and food contact surfaces of food utensils and equipment through the use of effective protective devices such as shields, guards, sleeves, or covers.
B. 
Lighting. At least 50 footcandles of light shall be required on all food contact surfaces and at least 20 footcandles on all other surfaces and equipment, in food preparation, utensil washing and handwashing areas, and toilet rooms. Sources of artificial light shall be provided and used to the extent necessary to provide the required amounts of light on these surfaces when in use and when being cleaned. At least 20 footcandles of light at a distance of 30 inches from the floor shall be required in all areas during cleaning operations, including dining areas.
C. 
Ventilation.
(1) 
All rooms in which food is prepared or served or utensils are washed, dressing or locker rooms, toilet rooms, and garbage and rubbish storage areas shall be well ventilated. Effective air recovery systems may be used in the ventilation of these areas. Ventilation hoods and devices shall be maintained clean and operated in areas where needed to expel excessive heat, steam, vapor, smoke, grease, fumes and noxious odors and to prevent the dissipation of these objectionable products throughout the room. Ventilating systems, including hood ventilators, shall be designed to provide a minimum air change in kitchens every two minutes and shall be designed to prevent grease or condensate from dripping into food or onto food preparation surfaces. All ducts in ventilating hoods shall be provided with filters which are readily removable for cleaning and replacement, excepting those systems which are effectively self-cleaning. Ventilation systems shall comply with applicable state and local fire prevention requirements and shall, when vented to the outside air, discharge in such a manner as not to create a nuisance.
(2) 
Where intake air ducts are used, they shall be designed and maintained so as to prevent the entrance of dust, dirt, insects, rodents or other contaminating materials.
D. 
Housekeeping.
(1) 
Adequate facilities shall be provided for the orderly storage of employees' clothing and personal belongings. Dressing rooms or designated areas shall be provided. Such designated areas shall be located outside of food preparation, storage, and serving areas, and utensil washing and storage areas; provided that the Department or Health Authority may approve such an area in a storage room where only completely packaged food is stored.
(2) 
Adequate lockers within dressing rooms or areas, or other suitable facilities within dressing rooms, shall be provided and used for the storage of employees' coats, clothing and personal belongings.
(3) 
Dressing rooms or areas, and lockers, shall be kept in a clean condition.
(4) 
All parts of the establishment and its premises shall be kept neat, clean, and free of litter and rubbish.
(5) 
None of the operations connected with the establishment shall be conducted in any room used as living or sleeping quarters.
(6) 
Vacuum cleaning, wet cleaning, or other dustless methods of floor and wall cleaning shall be used; or dust-arresting sweeping compounds and pushbrooms shall be employed; and all such cleaning, except emergency floor cleaning, shall be done during those periods when the least amount of food is exposed, such as after closing or between meals, in such a manner as to minimize contamination of food and food contact surfaces.
(7) 
Laundered cloths and napkins shall be stored in a clean, protected place until used.
(8) 
Nonabsorbent containers or laundry bags shall be provided, and damp or soiled linens and clothing shall be kept therein until removed for laundering.
E. 
Live birds and animals. No live birds or animals shall be allowed in any area used for the storage, preparation, or serving of food, or for the cleaning or storage of utensils, or in toilet rooms, employees' dressing rooms or areas, in vehicles used for transporting food, or in any other area or facility used in the conduct of retail food establishment operations; provided that guide dogs accompanying blind persons may be permitted in dining areas; restrained dogs on patrol may be permitted throughout the establishment; unrestrained dogs may be permitted in office areas and dining areas during hours when the establishment is closed.
A. 
General.
(1) 
A temporary retail food establishment, a mobile retail food establishment and an agricultural market shall comply with all provisions of this code which are applicable to its operation; provided that the Department or Health Authority may augment such requirements when needed to assure the service of safe food; may prohibit the sale of certain potentially hazardous food; and may modify specific requirements for physical facilities when in its opinion no imminent health hazard will result.
(2) 
Due to the nature, location, and variety of conditions surrounding the operation of such establishments it is frequently not possible to provide certain physical facilities required for permanent establishments. In order to assure adequate protection of food served by temporary establishments, mobile establishments and agricultural markets which are unable to meet fully the requirements of these regulations, it may be necessary to restrict the types of food sold or the methods by which served, to modify some requirements for procedures and facilities, and to impose additional requirements.
(3) 
When, in the opinion of the Department or Health Authority, no imminent hazard to the public health will result, such establishments, which do not fully meet the requirements of Subsections C through H of these regulations, may be permitted to operate when food preparation and service are restricted and deviations from full compliance are covered by the additional or modified requirements, as set forth in the following sections.
B. 
The preparation of potentially hazardous food, such as cream-filled pastries, custards, and similar products, and meat, poultry, and fish in the form of salads or sandwiches, shall be prohibited; provided that this prohibition shall not apply to hamburgers, frankfurters, and other food which, prior to service, requires only limited preparation, such as seasoning and cooking; and provided, however, that potentially hazardous food which is obtained in individual servings, is stored in approved facilities which maintain such food at safe temperatures, below 45º F. or above 140º F., and is served directly in the individual, original container in which it was packaged at a food-processing establishment, may be distributed or sold.
C. 
Ice which will be consumed, or which will come into contact with food, shall be obtained from a source meeting standards approved by law in chipped, crushed, or cubed form. Such ice shall be obtained in single-service, closed, protected containers satisfactory to the Department or Health Authority, and shall be held therein until used.
D. 
Wet storage of packaged food and beverage shall be prohibited; provided that wet storage of pressurized containers of beverages may be permitted when:
(1) 
The water contains at least 50 ppm of available chlorine; and
(2) 
The iced water is changed frequently enough to keep both the water and container clean.
E. 
Food contact surfaces of food preparation equipment such as grills, stoves, and work tables shall be protected from contamination by dust, customers, insects or any other source. Where necessary, effective shields shall be provided.
F. 
Equipment shall be installed in such a manner that the establishments can be kept clean, and so that food will not become contaminated.
G. 
An adequate supply of water for cleaning and handwashing shall be maintained in the establishment, and auxiliary heating facilities, capable of producing an ample supply of hot water for such purposes, shall be provided. Exceptions are listed in Subsection I of this section.
H. 
Liquid waste which is not discharged into a sewerage system shall be disposed of in such a manner as not to create a public health hazard or nuisance condition.
I. 
Adequate facilities shall be provided for employee handwashing. Such facilities may consist of a pan, water, soap, and individual paper towels. Handwashing facilities shall be provided for employee handwashing for mobile retail food service establishments where food products are directly handled and fabricated, but need not be provided for mobile units serving prepackaged food, milk, cold, sealed beverages, and tea, coffee, hot chocolate or other hot drinks at temperatures above 140º F.; provided that handwashing facilities need not be provided for portable or mobile units serving only prewrapped foods and sandwiches.
J. 
Floors shall be of tight wood, asphalt, or other cleanable material; provided that the Department or Health Authority may accept dirt- or gravel-covered floors when graded to preclude the accumulation of liquids and covered with removable, cleanable, wooden platforms or duckboards.
K. 
Walls and ceilings shall be so constructed as to minimize the entrance of flies and dust. Temporary construction may be accepted. Ceilings may be of wood, canvas, or other materials which protect the interior of the establishment from the elements, and walls may be of such materials or of 16 mesh screening or equivalent. When flies are prevalent, counter service openings shall either be equipped with self-closing, fly-tight doors, or the opening protected by effective fans. Where fans are used for this purpose, the size of the opening shall be so limited that the fans employed will effectively prevent the entrance of flies.
L. 
Any other requirement deemed necessary by the Department or Health Authority to protect the public health in view of the particular nature of the food service operation shall be met.
M. 
Limitation on licenses for mobile retail food establishments.
[Added 6-7-2001 by Ord. No. 2001-2]
(1) 
The number of mobile retail food establishments licensed to perform business activities within the Borough of East Rutherford shall be at all times limited to a maximum of 10.
(2) 
Of the 10 licensed mobile retail food establishments authorized to perform business activities within the Borough of East Rutherford, only two such establishments shall be of the type which sells ice cream, flavored ice or similar frozen food items.
(3) 
Any mobile retail food establishment licensed to perform business activities within the Borough of East Rutherford at the time of the passage of this subsection shall remain eligible to obtain a license to perform such business activities, notwithstanding the limitations set forth herein.
(4) 
The failure to renew a license for the operation of a mobile retail food establishment within the time period for such renewal shall be deemed as a waiver of the exemption to the limitations set forth herein.
[Amended 6-7-2001 by Ord. No. 2001-1;[1] 11-13-2008 by Ord. No. 2008-03;[2] 11-5-2009 by Ord. No. 2009-02;[3] 10-10-2019 by Ord. No. 2019-01; 3-6-2025 by Board of Health Ord. No. 2025-01]
A. 
Legal authority. All retail food establishments shall be operated in compliance with the provisions of these regulations and Title 24, Revised Statutes of New Jersey.
B. 
Inspection of retail food establishments. The Department or Health Authority shall inspect every retail food establishment as often as it deems necessary. The person operating a retail food establishment shall permit access to all parts of the establishment.
C. 
Examination of records. Upon request, the Department or Health Authority shall be permitted to examine the records of a retail food establishment to obtain information pertaining to food and supplies purchased, received or used and persons employed.
D. 
Examination and condemnation of unwholesome, contaminated or adulterated food and drink.
(1) 
The Department or Health Authority, for examination purposes, may take and examine samples of food, drink and other substances as often as it deems necessary for the detection of unwholesomeness, adulteration or contamination. At the time such samples are taken, a receipt shall be delivered to the person in charge of the retail food establishment. The Department or Health Authority may forbid the sale or use of any food or drink which is, or is suspected of being, unwholesome, adulterated, or contaminated as defined by N.J.S.A. 24:5-8.
(2) 
The Department or Health Authority may forbid the use of any equipment or utensils which have not been properly sanitized.
E. 
Retail food establishments outside jurisdiction of the Department or Health Authority. Food from a retail food establishment outside the jurisdiction of the Department or Health Authority shall not be sold or otherwise distributed if adulterated or misbranded. Determination of whether food is adulterated or misbranded shall be based upon the provisions of N.J.S.A. 24:5-8 and 24:5-17. The Department or Health Authority may accept and rely upon reports from other government officials responsible for administration of laws relating to public health and food and drugs as an aid to it in determining compliance with this section.
F. 
Closure for infection.
(1) 
The Department or Health Authority having reason to suspect that any retail food establishment is or may be a source of food-borne infection shall advise the owner, manager, or employees thereof accordingly and order appropriate action to be taken which will eliminate the source of infection. In the event such action is not taken immediately, the Department or Health Authority may cause an order to be issued requiring the establishment to be closed in order to protect the public health. The order will give the alleged violator an opportunity to be heard within a reasonable time, not to exceed 15 days, while the order remains in effect.
(2) 
The Department or Health Authority which suspects an employee of any retail food establishment is ill or infected with a disease, or may be a carrier of a disease, which may be transmitted through food, may order him or her to leave the establishment and refrain from returning to work in or about such establishment and order the employer to prohibit such employee from returning to work, until permission is granted to return by the Department or Health Authority.
G. 
Public posting of inspection reports. The operator of every food establishment shall post on forms, approved by the New Jersey State Department of Health, the most recent inspection report, subsequent to December 15, 1972, the effective date of this regulation, made by a licensed municipal, county, regional, or state Health Department employee. Each such report shall be presented to the owner or manager of the establishment inspected at the completion of each inspection by the inspector with instructions that such report shall be posted in a conspicuous place near the public entrance of the establishment in such manner that the public may review the report. The detailed supporting data serving as the basis of each inspection report shall be maintained by the operator of each food establishment on the premises for review by the public.
H. 
Public availability of inspection records. Records of inspections of food establishments subsequent to December 15, 1972, the effective date of this regulation, shall be made available to the public.
I. 
Fees.
(1) 
The fees for licensure of retail food establishments are hereby fixed as follows:
Type of Retail Food Establishment
Fee
Prepackaged foods only
$50
Liquor store
$75
Drugstore/pharmacy
$150
Bar only
$100
Deli
$150
Bakery
$150
Convenience store/produce market
$150
Ice cream store
$150
Take-out
$150
School caterer
$150
Restaurant, corporate cafeteria, banquet hall (number of seats)
0 to 25
$150
26 to 75
$200
76 to 150
$250
151 and over
$300
Supermarket/wholesale
$350
Hotel/motel
Prepackaged continental breakfast only
$150
Full-service kitchen
$300
Catering truck/mobile vendors
$300 per truck
Ice cream truck
$225 per truck
Coffee shop
$75
(2) 
The fee for any license obtained for a retail food establishment between the dates of October 1 and December 31 shall be a sum equal to 1/2 of the annual license fee hereinbefore specified as a license fee for the balance of such year.
(3) 
Late fees. The late fees for licensure of retail food establishments shall be $50 if the renewal fee is received after January 31 of the calendar year and shall be $75 if the renewal fee is received after March 31 of the calendar year.
J. 
Violations and penalties. Any person who shall violate any provision of these regulations or who shall refuse to comply with a lawful order or direction of the Department or Health Authority shall be liable to penalties as provided by law or an injunctive action as provided by law, or both.
[1]
Editor's Note: This ordinance provided that the fees take effect 1-1-2002.
[2]
Editor's Note: This ordinance also provided an effective date of 1-1-2009 and stated as follows: “Each food establishment must have a valid health license. Licenses expire each year on December 31. Licenses are subject to Health Department approval as per State Code, N.J.A.C. 8:24, Sanitation in Retail Food Establishments and Food and Beverage Vending Machines. A late fee of $20 will be assessed for all licenses renewed after February 15.”
[3]
Editor's Note: This ordinance also provided for an effective date of 1-1-2010.