For the purpose of these regulations, the following
words, phrases, names and terms shall be construed, respectively,
to mean:
As defined in N.J.S.A. 24:5-8.
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.
Acceptable to the Department or Health Authority based on
its determination as to conformance with appropriate standards and
good public health practice.
Fitted together snugly leaving no openings large enough to
permit the entrance of vermin.
A material which maintains its original surface characteristics
under prolonged influence of the food, cleaning compounds, and sanitizing
solutions which may contact it.
Readily accessible and of such material and finish, and so
fabricated, that residue may be completely removed by normal cleaning
methods.
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.
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.
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.
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.
A commercial establishment in which food is processed or
otherwise prepared and packaged for human consumption.
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.
All multi-use utensils other than tableware used in the storage,
preparation, conveying, or serving of food.
As defined in N.J.S.A. 34:5-16 and 17.
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.
Raw fruits and vegetables or any food of such type or in
such condition as may spoil.
An individual, or a firm, partnership, company, corporation,
trustee, association, or any public or private entity.
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.
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.
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.
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.
Free of cracks or other openings which permit the entry or
passage of moisture.
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.
The State Department of Health.
All multi-use eating and drinking utensils, including flatware
(knives, forks, and spoons).
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.
Any tableware and kitchenware used in the storage, preparation,
conveying or serving of food.
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:
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:
(g)
Equipment intended for in-place cleaning shall
be so designed and constructed so that:
(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.
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:
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.
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.
[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.
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.
