The words, terms or phrases listed below for
the purpose of this code and article shall be defined and interpreted
as follows:
A food shall be considered adulterated when it is in a state
or condition as described in Title 24, Chapter 5, Section 8 of the
Revised Statutes.
Approved by the health authority having jurisdiction in the
Borough of East Rutherford.
The application to clean surfaces of any method or substance
for the destruction of pathogenic bacteria or other organisms so far
as practicable, subject to being reasonably effective and not adversely
affecting the equipment, the food or health of the consumer. Acceptable
facilities shall be provided for the washing, cleaning and bactericidal
treatment of utensils and equipment. Cleaned containers and closures
shall be protected from contamination until filled and sealed.
Includes a commissary, catering establishment, restaurant,
or any other place in which food, beverage, ingredients, containers,
or supplies are kept, handled, prepared, or stored and directly from
which vending machines are serviced, supplied and filled.
Any operator or any person employed by him who handles any
food, beverage, or ingredient to be dispensed through vending machines,
or who comes in contact with food contact surfaces of containers,
equipment, utensils, or packaging materials, used in connection with
vending machine operation, or who otherwise services or maintains
one or more such machines.
Any raw, cooked or processed edible substance, beverage or
ingredient used or intended for use in whole, or in part, for human
consumption.
The Board of Health as prescribed by Title 26, Chapter 3,
Section of the Revised Statutes of New Jersey, or an authorized representative
thereof.
Food or beverage, the temperature of which, at the time of
service to the consumer, in at least 150º F.
Includes the room enclosure, space, or area where one or
more vending machines are installed and operated, whether inside or
outside.
The use of any written, printed or graphic matter, upon or
accompanying products or containers dispensed from vending machines,
including signs or placards displayed in relation to such products
so dispensed, which is false or misleading, or which is misbranded
within the meaning of Title 24, Chapter 5, Section 16 of the Revised
Statutes.
Any person who by contract, agreement, whether written, verbal,
or implied, or ownership furnishes, installs, services, operates,
or maintains one or more vending machines.
Includes any individual, partnership, corporation, company,
firm, institution, trustee, association, or any public or private
entity.
Any surface of the vending machine, appurtenances or containers
which comes into direct contact with any food, beverage or ingredient.
Any food or beverage or ingredients consisting in whole or
in part of milk, milk products, eggs, meat, fish, poultry or other
food capable of supporting rapid and progressive growth of microorganisms
which can cause food infections or food intoxication. However, products
in hermetically sealed containers processed by heat to prevent spoilage
and dehydrated, dry or powdered products so low in moisture content
as to preclude development of microorganisms are excluded from the
terms of this definition.
Any utensil, container, implement, or wrapper intended for
use only once in the preparation, storage, display, service or consumption
of food or beverage.
Any device offered for public use which, upon insertion of
a coin, coins, or token, or by other means, dispenses unit servings
of food or beverage, either in bulk or in package, without the necessity
of replenishing the device between each vending operation.
A.
Permits.
(1)
Any person desiring to operate one or more vending
machines shall make application therefor in writing to the Board of
Health on forms provided by said Board. Such application shall include
the following information:
(a)
The applicant's full name, residence, telephone
numbers, and post office address, and whether such applicant is an
individual, firm or corporation. If a partnership, the names of the
partners, together with their addresses, shall be included. If a corporation,
the names and addresses of the officers of the corporation and the
registered New Jersey agent shall be included.
(b)
The location of the commissary or commissaries,
and of other establishments where supplies are kept and where vending
machines are repaired or renovated, and the proposed locations for
the vending machine or machines.
(c)
The identity and form of the product or products
to be dispensed through vending machines and the number of each such
type of vending machine to be used in this municipality.
(d)
The signature of the applicant or its authorized
officer.
(2)
Upon receipt of an application for such permit, the
Health Authority shall make such investigation of commissary, servicing,
and transport facilities as well as machines and machine locations
as may be necessary to determine compliance with the provisions of
this code. A numbered operator's permit shall be issued upon conformity
with the provisions of this code and article.
(3)
Permit numbers shall be conspicuously displayed on
each vending machine in a manner and style approved by the Health
Authority.
(4)
Operators shall maintain a current list of all vending
machines operated by them and their locations within the jurisdiction
of the Health Authority, and of all commissaries or other establishments
from which their machines are serviced. This list shall be made available
to the Health Authority upon request.
(5)
Operators shall obtain approval of the Health Authority
before any change in operations involving new types of vending machines,
or conversion of existing machines to dispense products other than
those for which the permit was issued, or any change of location of
existing machines within this municipality, or any change of commissary,
service or transport facilities.
B.
Licenses.
(1)
Any person desiring to operate one or more vending
machines in this municipality shall make an application in writing
for each vending machine to the Board of Health on forms provided
by said Board.
(a)
Such applications shall include the following
information:
[1]
The applicant's full name, residence, telephone
numbers, and post office, address, and whether such applicant is an
individual, firm, or corporation. If a partnership, the names of the
partners, together with their addresses, shall be included. If a corporation,
the names and addresses of the officers of the corporation, and the
registered New Jersey agent shall be included.
[2]
The proposed location of the machine, the location
of the commissary or commissaries, and other establishments where
supplies for such machine are kept and where that machine is to be
repaired or renovated.
[3]
The make, model, type, and description of the
machine.
[4]
The identity and form of the product or products
to be dispensed through the vending machine.
[5]
The signature of the applicant or its authorized
officer.
(b)
A separate application shall be made for each
machine.
(2)
Upon receipt of such application, the Health Authority
shall make an inspection of the machine and proposed machine location
to determine compliance with the provisions of this code. A numbered
machine license shall be issued to the applicant by the Health Authority
after compliance by the applicant with the applicable provisions of
the Code.
(3)
The machine license number, of a size and style approved
by the Health Authority, shall be conspicuously displayed on the vending
machine for which such license has been issued.
A.
Foods, beverages, ingredients, consumer containers,
equipment maintenance, and operations.
(1)
Foods, beverages and ingredients offered for sale
through vending machines shall:
(a)
Be manufactured, processed, and prepared in
commissaries or establishments meeting the requirements of local ordinance,
as well as state and federal law or regulation.
(b)
Be wholesome and free from spoilage, contamination
and adulteration.
(c)
Be stored or packaged in clean, protective containers,
and shall be handled, transported and vended in a sanitary manner.
Wet storage of packaged products is prohibited.
(d)
If readily perishable, be dispensed to the consumer
in the individual original container or wrapper into which it was
placed at the commissary or at the manufacturer's or processor's plant,
or such products shall be dispensed into single-service containers.
(2)
In those vending machines dispensing readily perishable
foods, beverages or ingredients in bulk, the bulk supplies of such
foods, beverages, or ingredients shall be transferred only to a bulk
vending machine container and appurtenances which are clean and have
been subjected to an approved bactericidal process.
(3)
Readily perishable foods or ingredients in vending
machines shall be maintained at a temperature not higher than 50º
F., or a temperature not lower than 150º F., whichever is applicable.
Vending machines dispensing readily perishable foods shall be provided
with controls which insure the maintenance of the temperatures as
required herein at all times excepting the actual time required to
fill or otherwise replenish a machine and for a maximum recovery period
of 30 minutes following completion of filling or replenishing operations.
In a vending machine in which both heating and cooling are accomplished,
the heating cycle from 50º F. to 150º F. food temperature
or the cooling cycle from 150º F. to 50º F. food temperature
shall not exceed one hour. The total accumulated time perishable foods
may be between 50º F. and 150º F. shall not exceed two hours.
(4)
Vending machines dispensing readily perishable foods
shall be equipped with controls which render a machine inoperative
until serviced by an operator in the event of power failure or other
condition which permits the food to attain a temperature above 50º
F. or below 150º F., whichever is applicable. Vending machines
dispensing readily perishable food shall be provided with a thermometer
which indicates the air temperature of the food storage compartment
within an accuracy of 2º F.
(5)
Milk and fluid milk products, and milk and milk products
added to other foods or beverages offered for sale through vending
machines shall be dispensed only in individual. original containers
or from bulk containers into which such product was placed at the
milk plant.
(6)
All multi-use parts of any bulk milk vending machine
which come into direct contact with the milk or milk product shall
be effectively cleaned and bactericidally treated at the milk plant;
provided that single-service dispensing tubes which receive bactericidal
treatment at the fabricating plant and which are individually packaged
in such manner as to preclude contamination may be exempted from this
provision. The can or other bulk milk container shall be filled only
at the milk plant and shall be sealed with two seals in such manner
as to make it impossible to withdraw any part of its contents without
breaking one seal, and impractical to introduce any substance without
breaking the other seal. The delivery tube and any milk contact parts
of the dispensing device shall be attached at the milk plant and shall
be protected by a moisture-proof covering, or housed in a compartment
with a moisture-tight closure, which shall not be removed until after
the container is placed in the refrigerator compartment of the vending
machine.
(7)
With the exception of product contact surfaces of
bulk milk vending machines for which separate provisions for cleaning
and bactericidal treatment are specified in the subsection above,
all multi-use containers or parts of vending machines which come into
direct contact with readily perishable foods, beverages, or ingredients
shall be removed from the machine daily and shall be thoroughly cleaned
and effectively subjected to an approved bactericidal process at the
commissary or other approved facility; provided that the requirement
for daily cleaning and bactericidal treatments may be waived for those
contact surfaces which are maintained at all times at a temperature
of not higher than 50º F. or at a temperature of not lower than
150º F., whichever is applicable. Such parts shall, after cleaning
and bactericidal treatment, be protected from contamination.
(8)
All parts of vending machines which come into direct
contact with other than readily perishable foods shall be thoroughly
cleaned and subjected to bactericidal treatment by methods approved
by the Health Authority. The frequency of such cleaning and bactericidal
treatment shall be established by the Health Authority based upon
the type of product being dispensed. A record of such cleaning and
bactericidal treatment operations shall be maintained by the operator
in each machine and shall be current for at least the past 30 days.
(9)
All single-service articles which receive food or
beverages from vending machines shall be purchased in sanitary cartons
or packages which protect the contents from contamination, shall be
stored in a clean, dry place until used, and shall be handled in a
sanitary manner. Such articles shall be stored in the original carton
or package in which they were placed at the point of manufacture until
introduced into the magazine or dispenser of the vending machine.
Single-service articles shall be protected from manual contact, dust,
insects, rodents and other contamination.
B.
Machine location, general. Machine locations shall
be such as to minimize the potential for contamination of the product,
shall be easily cleanable, and shall be kept clean. All machines shall
be constructed, located, manufactured, and operated in conformity
with local ordinances as well as state and federal law or regulation.
(1)
Vending machines shall be located in a room, area,
or space which can be and is maintained in a clean condition and which
is protected from overhead leakage from drains and piping. Each vending
machine shall be so located and maintained that the space around and
under the machine can readily be and is cleaned, and insect and rodent
harborage is not permitted.
(2)
The floor area upon which vending machines are located
shall be reasonably smooth, of cleanable construction, and be capable
of withstanding repeated washing and scrubbing. This space and the
immediate surroundings of each vending machine shall be maintained
in a clean condition.
C.
Exterior construction and maintenance of machines.
The exterior construction of the vending machine shall be such as
to facilitate cleaning and to prevent the entrance of insects and
rodents, and the exterior of the machine shall be kept clean.
(1)
A vending machine shall be sturdy construction and
the exterior shall be so designed, fabricated, and furnished as to
facilitate its being kept clean, and to prevent the entrance of insects
and rodents.
(2)
Door and panel access openings to the product and
container storage spaces of a machine shall be tight-fitting and,
if necessary, gasketed so as to prevent the entrance of dust, moisture,
insects, rodents or any other foreign or injurious contamination.
(3)
All necessary ventilation louvers or openings into
vending machines shall be effectively screened against insects and
rodents. Such screening material shall not be less than 16 mesh to
the inch or equivalent.
(4)
In all vending machines in which a condenser unit
is an integral part of the machine, such unit shall be sealed from
the product and container storage spaces.
(5)
Unless the vending machine is sealed to the floor
so as to prevent seepage underneath, or can be manually moved with
ease, one or more of the following provisions shall be utilized to
facilitate cleaning operations:
(6)
All service connections through an exterior wall of
the machine, including water, gas, electrical, and refrigeration connections,
shall be grommeted or sealed to prevent the entrance of insects and
rodents. All connections to such utilities shall be such as to protect
against unauthorized or accidental interruption of service.
D.
Interior construction and maintenance of machines.
All interior surfaces and component parts of the vending machines
shall be so designed and constructed as to permit easy cleaning and
to facilitate maintenance operations and shall be kept clean.
(1)
Non-product contact surfaces of the interior of vending
machines shall be so designed and constructed as to permit easy cleaning
and to facilitate maintenance operations and shall be kept clean.
Inaccessible surfaces or areas shall be minimized.
(2)
All product contact surfaces of vending machines shall
be smooth, in good repair, and free of breaks, corrosion, open seams,
cracks and chipped places and shall be kept clean. The design of such
surfaces shall be such as to prevent contact between food and V-type
threaded surfaces. All joints and welds in product contact surfaces
shall be smooth; and all internal angles and corners of such surfaces
shall be rounded to facilitate cleaning.
(3)
All product or ingredient contact surfaces of vending
machines, including containers, pipes, valves and fittings, shall
be constructed of nontoxic, corrosion-resistant, and relatively nonabsorbent
materials, and shall be kept clean. All containers, valves, fittings,
chutes, and faucets which are in contact with food shall be easily
and readily removable, and so fabricated as to be easily disassembled,
and when disassembled, all surfaces shall be visible for inspection
and cleaning. In machines of such design that product contact pipes
or tubing are not readily removable, in-place cleaning of such pipes
and pipe fittings is permissible, provided:
(a)
They are so arranged that cleaning and bactericidal
solutions can be circulated throughout the fixed system;
(b)
Such solutions will contact all interior surfaces;
(c)
The system is self-draining or otherwise completely
evacuated; and
(d)
The cleaning procedures result in thorough cleaning
of the equipment.
(4)
The openings into all nonpressurized containers used
for the storage of vendable foods and ingredients, including water,
shall be provided with covers which prevent contamination from reaching
the interior of the containers. Such covers shall be designed to provide
a flange which overlaps the openings, and shall be sloped to provide
drainage from the cover surface. Any port opening through the cover
shall be flanged upward at least 3/8 inch and shall be provided with
a cover which overlaps the flange. Condensation or drip-deflecting
aprons shall be provided on all piping, thermometers, equipment, rotary
shafts and other functional parts extending into the container, unless
a watertight joint is provided. Such aprons shall be considered as
satisfactory covers for those openings which are in continuous use.
Gaskets, if used, shall be of a material which is nontoxic, relatively
stable, and relatively nonabsorbent, and shall have a smooth surface.
All gasket retaining grooves shall be readily cleanable.
(5)
The delivery, tube or chute and orifice of all bulk
foods and bulk beverage vending machines shall be protected from normal
manual contact, dust, insects, rodents, and other contamination. The
design shall be such as to divert condensation or other moisture from
the normal filling position of the container receiving the food or
beverage. The vending stage of such machines shall be provided with
a tight-fitting, self-closing door or cover which is kept closed,
except when the machine is in the process of delivering food or beverage.
(6)
The product storage compartment within vending machines
dispensing packaged liquid products shall be so constructed as to
be self-draining, or shall be provided with a drain of the compartment.
All such drains shall be easily cleanable. Opening devices which come
into contact with the product or the product contact surface of the
containers shall be constructed of smooth nontoxic, corrosion-resistant,
and relatively nonabsorbent materials. Unless the opening device is
of a single-service type, it shall be readily removable for cleaning,
and shall be kept clean. Parts of multi-use opening devices which
come into contact with the product or product contact surface of containers
shall be protected from manual contact, dust, insect, rodents, and
other contamination, and such parts shall be readily removable for
cleaning and shall be kept clean.
E.
Water supply. Water used in vending machines shall
be from a source approved by the Health Authority and shall be of
a safe and sanitary quality.
(1)
Water used as a product ingredient shall be piped
into the vending machine under pressure, and all connections and fittings
shall be installed in accordance with local or state plumbing regulations.
Containers for the storage of water shall be designed and maintained
as a product contact surface.
(2)
If used, water filters or other water-conditioning
devices shall be of a type which may be disassembled for periodic
cleaning or replacement of the active element. Replacement elements
shall be handled in a sanitary manner.
(3)
All vending machines which dispense carbonated beverages
and which are connected to a water supply system shall be equipped
with two check valves, a double-check valve, or an air gap, or a device
to vent carbon dioxide to the atmosphere or other device approved
by the Health Authority, which will provide positive protection against
the entrance of carbon dioxide or carbonated water into the water
supply system.
(4)
Where check valves are used for the protection of
the water supply system, a screen of not less than 100 mesh to the
inch shall be installed in the water supply line immediately upstream
from the check valves.
(5)
In all vending machines which dispense carbonated
beverages and which are connected to a water supply system, the ingredient
water contact surfaces from the check valves or their protective device
downstream, including the device itself, shall be of such material
as to preclude the production of toxic substances which result from
interaction with carbon dioxide or carbonated water.
F.
Waste disposal.
(1)
All trash and other waste material shall be removed
from machine locations as frequently as may be necessary to prevent
nuisances and unsightliness and shall be disposed of in a manner approved
by the Health Authority.
(2)
Self-closing, leakproof, readily cleanable, plainly
labeled and designated waste container or containers shall be provided
in the vicinity of each machine or machines to receive used cups,
cartons, wrappers, straws, closures and other single-service items.
Such waste containers shall not be located within the vending machine;
provided that an exception shall be made for those machines dispensing
only packaged products with crown closures, in which case the closure
receptacle may be located within the machine. Suitable racks or cases
shall be provided for multi-use containers or bottles.
G.
Containers shall be provided within all machines dispensing
liquid products in bulk for the collection of drill, spillage, overflow,
or other liquid wastes. An automatic shutoff device shall be provided,
which will place the vending machine out of operation before such
container overflows. Containers or surfaces on which such wastes may
accumulate shall be readily removable for cleaning, shall be easily
cleanable, and shall be corrosion-resistant. If liquid wastes from
drip, spillage, or overflow, which originate within the machine, are
discharged into a sewerage system, the connection to the sewer shall
be through an air gap.
A.
Food, beverages, or ingredients, while in transit
to vending machine locations, shall be protected from the elements,
dirt, dust, insects, rodents and other contamination. Similar protection
shall be provided for single-service articles, and for the product
contact surfaces of equipment, containers, and devices in transit
to machine locations.
B.
Readily perishable foods or beverages while in transit
to vending machine locations shall be maintained at a temperature
of not more than 50º F. or at a temperature of not less
A.
Employees shall wash their hands immediately prior
to engaging in any vending machine servicing operation which may bring
them into contact with foods, beverages, or ingredients, or with product
contact surfaces of utensils, containers, or equipment. While engaged
in such servicing operations, employees shall wear clean outer garments.
B.
No employee with any disease in a communicable form,
or who is a carrier of such disease, shall work in any commissary
or in vending machine operations in any capacity which brings him
into contact with the production, handling, storage or transportation
of foods, beverages, ingredients or equipment used in vending machine
operations; and no operator shall employ in any such capacity any
such person, or any person suspected of having any disease in a communicable
form, or of being a carrier of such disease. Any employee who has
a discharging or infected wound, sore, or lesion on hands, arms or
any exposed portion of the body shall be excluded from those operations
which bring him into contact with foods, beverages, utensils, or equipment
used in vending machine operations. Any operator among whose employees
there occurs a communicable disease in a communicable form or an employee
who has become a carrier of such disease shall notify the Health Authority
immediately.
C.
When suspicion arises as to the possibility of transmission
of infection from any employee, the Health Authority is authorized
to require any or all of the following measures:
(1)
The immediate exclusion of the employee from all commissaries
and vending machine operations.
(2)
The immediate closing of the commissaries and operations
concerned until, in the opinion of the Health Authority, no further
danger of disease outbreak exists.
(3)
Medical examinations of the employees, with such laboratory
examinations as may be indicated.
A.
The Health Authority may take and examine samples
of food, drink, and other substances as often as he deems necessary
for the detection of unwholesomeness, adulteration or contamination.
At the time such samples are taken, a receipt shall be forwarded or
delivered to the operator in charge of the vending machine.
B.
The Health Authority may forbid the sale or use of
any food or drink from a vending machine which is, or is suspected
of being, unwholesome, adulterated or misbranded.
C.
The Health Authority may forbid the use of a vending
machine or any equipment or utensils thereof which have not been properly
treated by an approved bactericidal process or which in his opinion
may lead to the adulteration or contamination of any food or drink
with which it may contact.
The Health Authority shall inspect as often
as he deems necessary every food vending machine or commissary thereof.
The operator in charge of a food vending machine establishment shall
permit access to it and commissaries thereof and shall make available
all records of food purchased, upon request of the Health Authority.
A.
The Health Authority, having reason to believe that
any food vending machine or commissary thereof is or may be a source
of food-borne infection, shall advise the operator 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,
he may order such food vending machine or commissary thereof to be
closed and post a statement in a conspicuous place at the entrance
thereof stating "The sale of food or drink by the establishment is
forbidden Board of Health," which order shall be effective and statement
shall remain posted until the action ordered to eliminate the source
of food-borne infection has been completed.
B.
No person or persons shall interfere with or remove
any seal or statement on any vending machine or commissary placed
by the local Health Authority in accordance with the provisions of
this code.
C.
The Health Authority who believes an employee of any
food vending machine or commissary thereof 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 Health Authority.
A.
The fees for licenses as required by § 396-72 above for the purpose of raising revenue, for regulation and control, to be paid annually to this municipality. are hereby fixed as follows:
(1)
For each machine dispensing candy, gumballs or other
nonperishable confections: $1 per year; provided, however, that this
license requirement shall not apply to gumball machines when the proceeds
in full therefrom are used for approved charitable organizations.
B.
All licenses issued under authority of this chapter
shall expire on the 31st day of December of each year.
C.
License fees shall be paid to the Board of Health.
