[HISTORY: Adopted by the Board of Health
of the Borough of Hopatcong as indicated in article histories. Amendments
noted where applicable.]
GENERAL REFERENCES
Sanitary Code — See Ch. 274.
[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.
A.
No person shall operate a retail food-handling establishment
unless a permit or approval of an existing permit to operate same
shall have been issued by this Board of Health; such permit or approval
of an existing permit shall be posted in a conspicuous place in such
establishment.
B.
The fees for licenses of food establishments are hereby
fixed as follows:
[Amended 2-28-1979]
(1)
Fees.
[Amended 2-4-2015 by Ord.
No. 1-2015]
Class
|
Fees
| |
---|---|---|
I
|
$70
| |
II
|
$125
| |
III
|
$180
| |
IV
|
$210
| |
V
|
$235
| |
VI (mobile Type A, twelve-month license)
|
$250
| |
VI (mobile Type B, ninety-day license)
|
$125
| |
VI (mobile Type C, sixty-day license)
|
$75
| |
VI (mobile Type D, thirty-day license)
|
$50
| |
VI (mobile Type E, ten-day license)
|
$25
|
NOTE:
|
Retail food license fees do not include required quarterly water
samples, if well water.
|
(2)
Classification of establishments.
(a)
Classification of retail merchandising store:
Class I.
(b)
Classification of eating and drinking establishments:
Number of Seats
|
Class
| |
---|---|---|
0 to 75
|
II
| |
76 to 175
|
III
| |
176 and over
|
IV
|
(c)
Classification of retail food establishments.
"Factor" is the length of refrigeration showcases in feet, multiplied
by retail area in square feet, divided by 1,000.
Factor
|
Class
| |
---|---|---|
0 to 20
|
II
| |
21 to 100
|
III
| |
101 and over
|
IV
|
(d)
Wholesale or processing food establishments,
including commissaries, will be Class V.
(e)
Mobile restaurants, including box lunch vehicles,
will be Class VI.
C.
Permits issued or approved under the provisions of this article for
Class I, II, III, IV and V shall expire annually on April 1 of each
year, and application for renewal thereof shall be submitted, together
with the required fee, prior to April 1 of each year. A late fee in
the amount of $25 per month shall be charged to each retail food-handling
establishment that submits an application for renewal on or after
April 1.
[Amended 2-4-2015 by Ord.
No. 1-2015]
D.
A permit or approval of a permit may be suspended
or revoked for a violation by the holder of any provision of this
article or code, after an opportunity for a hearing by the Board of
Health or its authorized representative.
E.
A permit or approval of a permit is not transferable.
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.
[Adopted 1-25-1978]
As used in this article, the following terms
shall have the meanings indicated:
The individual proprietor or partners or the corporation,
firm or organization representative directly responsible for the overall
management of a retail food establishment.
Any person in a retail food establishment who routinely comes
into contact with food, beverages, utensils or food equipment.
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.
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:
A.
Agricultural markets.
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.
A.
Certified food service manager required in certain
instances.
B.
Certification requirements. An applicant shall be
registered as a certified food service manager upon successful completion
of the following:
C.
Application. A food service manager seeking certification
shall make application to the Board of Health or its authorized agent
within 30 days following the effective date of this article. A food
service manager beginning work after this date shall make application
at least 30 days prior to assuming such duties. Where 30 days' advance
notice is not possible, application shall be made as soon as the applicant
knows that he or she is to be a food service manager.
D.
Temporary certification. Applicants shall be placed
on a temporary certification register. Such temporary certification
shall be valid until an approved course and examination are offered.
The Board of Health or its authorized agent shall notify applicants
when and where the course will be held.
E.
Reciprocal certification. The Board of Health may
certify a food service manager holding a current certification from
another agency with substantially equivalent standards. The Board
reserves the right to require an examination before granting reciprocal
certification.
A.
The certified food service manager shall train food
handlers in the basics of food sanitation. The food establishment
operator shall be responsible for seeing that organized training activities
are conducted.
B.
The Health Department will be available to assist
the food service manager and operator in developing an effective food
handler training program.
A.
Certification term. Certification shall be subject to renewal after a period of two years or less, as provided in § 255-11.
B.
Renewal procedure. Application for certification renewal shall be made at least 60 days prior to expiration. To be recertified, an applicant shall repeat the requirements for initial certification, except as provided in Subsection C.
C.
Waiver of course. An applicant for certification renewal
may request that the course be waived. If such waiver is granted,
certification shall be renewed upon the applicant's successful performance
in the written examination.
D.
Permanent certification. After a food service manager
has recertified once, certification shall be permanent. No further
recertification will be required, provided that an acceptable level
of performance is maintained. The Health Department reserves the right
to suspend certification at any time if warranted.
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:
The fees for certification of food service managers
are hereby fixed as follows:
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.