[Adopted 12-12-1967 as Ch. 56 of
the 1967 Code]
A code regulating retail food-handling establishments,
providing for the inspection of such establishments and fixing penalties
for violations is hereby established pursuant to N.J.S.A. 26:3-69.1
to 69.6; a copy of said code is annexed hereto and made a part hereof
without the inclusion of the text thereto herein.
The code established and adopted by this article
is described and commonly known as the "Retail Food Handling Establishment
Code of New Jersey (1952)."
Three copies of said Retail Food Handling Establishment
Code of New Jersey (1952) have been placed on file in the office of
the Clerk of this local Board of Health upon the introduction of this
article and will remain on file there until final action is taken
on this article for the use of and examination by the public.
Any person who violates any provision of, or
order promulgated under, this article or code established herein,
shall upon conviction thereof be liable to a penalty of not less than
$2 nor more than $100 for each violation. Each day a particular violation
continues shall constitute a separate offense.
As used in this article, the following terms
shall have the meanings indicated:
FOOD ESTABLISHMENT OPERATOR
The individual proprietor or partners or the corporation,
firm or organization representative directly responsible for the overall
management of a retail food establishment.
FOOD HANDLER
Any person in a retail food establishment who routinely comes
into contact with food, beverages, utensils or food equipment.
FOOD SERVICE MANAGER
Any person responsible for the immediate supervision of food
handlers and other workers involved in the sanitary maintenance of
a retail food establishment. In an establishment having no employees,
the food establishment operator is considered to be the food service
manager.
RETAIL FOOD ESTABLISHMENT
A retail food establishment, mobile food establishment or
agricultural market, as defined in Chapter 12 of the New Jersey State
Sanitary Code.
The following types of retail food establishments
are specifically exempt from the requirements of this article:
B. Retail food establishments whose only products are
factory-sealed or prepackaged food products that do not require refrigeration.
C. Any other simple retail food operation which, in the
judgment of the Board of Health, would not reasonably necessitate
a resident certified food service manager.
The Health Department will from time to time
conduct inspections and/or collect official samples to determine an
establishment's degree of compliance with Chapter 12 of the New Jersey
State Sanitary Code. The certification of the food service manager(s)
working in the establishment shall automatically be downgraded to
a temporary certification and subject to immediate renewal, without
course waiver, if either of the following inspection results is found:
A. The establishment receives an inspection rating of
unsatisfactory.
B. The establishment receives two or more conditionally
satisfactory inspection ratings within a period of one year.
The fees for certification of food service managers
are hereby fixed as follows:
A. For the filing of an application, providing a certification
course and administering an examination: $5.
B. For the filing of an application and administering
an examination: $5.
Any person, firm or corporation violating any
of the provisions of this article shall, upon conviction, be punished
by a fine not less than $500 nor greater than $1,000. Each day a particular
violation continues shall constitute a separate offense.