The Township of East Brunswick was established in 1860. Since January 1, 1965, the
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EAST BRUNSWICK CODE F o r: R e fe re n c e : F e e :
M a ll p ro m o tio n s fo r g ro u p o f d isp la y s 1 0 2 -1 4 .C $ 1 6 6 .0 0 u n d e r o n e p ro m o te rs c o n tro l V io la tio n S e a rc h F e e 1 0 2 -1 0 .C $ 5 0 .0 0 1 0 2 2 8 1 2 -0 6
& 107-1 FOOD AND BEVERAGE VENDING MACHINES & 107-3 Chapter 107 FOOD AND BEVERAGE VENDING MACHINES & 107-1. Standard code adopted by reference. & 107-2. Title of code. & 107-3. Copies of code on file. & 107-4. Required permits and licenses. & 107-5. Permit and license fees; expiration; purpose of fee. & 107-6. Application and issuance procedure; exempt machines. & 107-7. Suspension, revocation and reinstatement of license. & 107-8. Nonapplicability. [HISTORY: Adopted by the Township Council of the Township of East Brunswick 12-27-67 as Ord. No. 67-97 and as Sec. l1-10 of the Revised General Ordinances. Amendments noted where applicable.] GENERAL REFERENCES Food handling establishm ents - See Ch. 109. Health Departm ent licenses - See Ch. 121. Public health nuisances - See Ch. 150. & 107-1. Standard code adopted by reference. A Code regulating the use, operation and m aintenance of food and beverage vending m achines and licensure thereof; prohibiting the sale or possession with intent to sell through vending m achines of adulterated or m isbranded foods or drinks; and authorizing inspection of vending m achines and operations connected therewith, is hereby established pursuant to N.J.R.S. 26:3-69.1 to 3-69.6. A copy of the code is annexed hereto and m ade a part hereof without the inclusion of the text herein. & 107-2. Title of code. The code established and adopted by this chapter is described and com m only known as the "Food and Beverage Vending Machine Code of New Jersey (1961)."
Three (3) copies of the Food and Beveage Vending Machine Code of New Jersey (1961) have been placed on file in the office of the Township Clerk and will rem ain on file there for use and exam ination by the public. 10701
& 107-4 EAST BRUNSWICK CODE & 107-6 & 107-4. Required permits and licenses. It shall be unlawful for any person, whether as principal or agent, clerk or em ployee, either for him self or any other person or for any body corporate, or as an officer of any corporation or otherwise, to: A. Engage in the operation of one (1) or m ore m achines or devices offered for public use which, upon insertion of a coin, coins or token or by any other m eans dispenses unit servings of food or beverages, either in bulk or package, without the necessity of replenishing the devices between each vending operation, without first having applied to and procured a perm it from the Departm ent of Health and W elfare to do so and without com plying with any and all of the provisions of the Food and Beverage Vending Machine Code of New Jersey (1961), as adopted or am ended by the Township Council. B. Maintain or perm it to be m aintained on or in any location in this m unicipality, one (1) or m ore m achines or devices offered for public use which, upon insertion of a coin, coins or token or by any other m eans dispenses unit servings of food or beverages, either in bulk or package, without the necessity of replenishing the devices between each vending operation, without first having applied to and procured a license for each such m achine or device from the Departm ent of Health and W elfare and without com plying with any and all of the provisions of the Food and Beverage Vending Machine Code of New Jersey (1961), as adopted or am ended by the Township Council.
A. The annual fee for any license required by & 107-4 shall be as follows: (1) Milk vending m achines: twenty-five dollars ($25.) per m achine. (2) All other vending m achines involving heating, refrigeration or freezing equipm ent: twenty-five dollars ($25.) for the first m achine operated by each person, firm or corporation at each location and five dollars ($5.) for each additional m achine operated by the sam e person, firm or corporation at the sam e location. [Am ended 1-24-77 by Ord. No. 77-1-VV]. (3) All other vending m achines requiring a perm it or license under this chapter; fifteen dollars ($15.) for the first m achine operated by each person, firm or corporation at each location and five dollars ($5.) for each additional m achine operated by the sam e person, firm or corporation at the sam e location. [Am ended 1-24-77 by Ord. No. 7-1-VV] B. The license fee referred to above shall include the fee for any perm it or perm its required under the term s of this chapter and the code adopted herein. C. All perm its and licenses issued under authority of this chapter shall expire on the 30th day of June of each year. D. Perm its and license fees shall be paid to the Departm ent of Health and W elfare and are levied for the purpose of covering the cost of regulation and control.
Application for and issuance of the perm its and licenses referred to in & 107-5 shall be m ade in conform ity with the provisions of the Food and Beverage Vending Machine Code of New Jersey (1961), as adopted or am ended by the Township Council. Such perm its and licenses are not transferable. Notwithstanding anything to the contrary herein contained the Food and Beverage Vending Machine Code of New Jersey (1961), as adopted by the Township of East Brunswick, shall apply to vending m achines which dispense m ilk and m ilk products, but shall not apply to vending m achines which dispense soft drinks or sim ilar beverages in sealed bottles, cans or sim ilar containers and penny gum ball m achines. 10702
& 107-7 FOOD AND BEVERAGE VENDING MACHINES & 107-8 & 107-7. Suspension, revocation and reinstatement of license. Perm its and licenses issued under the authority of this chapter m ay be suspended, revoked or reinstated by the Departm ent of Health and W elfare pursuant to the provisions of the Food and Beverage Vending Machine Code of New Jersey (1961), as adopted or am ended by the Township Council.
No provision of this chapter shall be applied so as to im pose any unlawful burden on either interstate com m erce or any activity of the state or federal governm ent. 10703
FOOD-HANDLING ESTABLISHMENTS Chapter 109 FOOD HANDLING ESTABLISHMENTS ARTICLE I Retail Establishments & 109-1. Adoption of standard code by reference. & 109-2. Title of code. & 109-3. Copies of code on file. & 109-4. License required for employees. & 109-5. Care of food. & 109-6. Fees. & 109-7. Term of license. & 109-8. Inspections and penalties. ARTICLE II Wholesale Establishments & 109-9. Establishments subject to Article. & 109-10. License required. & 109-11. Type of establishment to be specified on license. & 109-12. Fee. & 109-13. Term of license. ARTICLE III Reporting of Contaminated Food & 109-14. Reporting required. ARTICLE IV FOOD PACKAGING & 109-15. Food Packaging. & 109-16. Definitions. & 109-17. Prohibited Packaging. & 109-18. Enforcement. & 109.19. Township of East Brunswick Purchases Prohibited. 10901
9-91 & 109-1 EAST BRUNSWICK CODE & 109-4 & 109-20. Involvement of Environmental Commission. & 109-21. Penalties. & 109-22. Exemptions. [HISTORY: Adopted by the Township Council of the Township of East Brunswick: Art. I, 3-28-66 as Ord. No. 66-45 and as Sec. 11.9 of the Revised General Ordinances; Art. II, 9-13-71 as Ord. No. 71-14-F as Sec. 11-15 of the Revised General Ordinances; Art. III, 12-27-67 as Ord. No. 67-99 and as Sec. 11-6 of the Revised General Ordinances. Article IV, 4-8-91 as Ord. No. 91-32. Amendments noted where applicable.] GENERAL REFERENCES Food and beverage vending m achines - See Chap. 107. Garbage, rubbish and refuse - See Chap. 114. Health Departm ent licenses - See Chap. 121. Licenses - See Ch. 135. Meat packaging - See Chap. 142. Public health nuisances - See Chap. 150.
A code regulating retail food establishm ents and fixing penalties for violation is hereby established pursuant to N.J.R.S. 26:3-69 to 3-69.6. A copy of the code is annexed hereto and m ade a part hereof without the inclusion of the text herein. & 109-2. Title of code. A code established and adopted by this Article shall be com m only known as the "Retail Food Establishm ent Code of New Jersey (1965)."
Three (3) copies of the Retail Food Establishm ent Code of New Jersey (1965) have been placed on file in the office of the Township Clerk and will rem ain on file there for use and exam ination by the public. & 109-4. License required for employees [Amended 6-24-74 by Ord. No. 74-14-J] A. Com m encing July 1, 1974, no person responsible for the preparation or handling of potentially hazardous food or responsible for the cleaning of utensils and equipm ent, including m anagem ent personnel directly responsible for overall day-to-day operations, shall be perm itted to work in a retail food establishm ent unless he or she shall have applied for a license, on or before July 1 of the licensing year, and shall have com pleted within the licensing year a four-hour training course in "Safe Food Preparation, Storage and Service Practices," to be offered by the Township of East Brunswick, or its equivalent, as determ ined by the Director of Health, Environm ent and W elfare. Persons who have com pleted the course for the first licensing year are required to take a two-hour course in each succeeding year, provided that new m aterial is available. [Am ended 10-29-74 by Ord. No. 74-14-K; 3-10-75 by Ord. No. 75-122-H]. 10902 9-91
& 109-4 FOOD-HANDLING ESTABLISHMENTS & 109-6 B. T hose persons em ployed subsequent to July 1, 1974, shall within one (1) m onth from the date of their em ploym ent register for the above-nam ed course of instruction. [Am ended 10-29-74 by Ord. No. 74-14-K]. C. "Potentially hazardous food" shall m ean any perishable food which consists in whole or in part of m ilk or m ilk products, eggs, m eat, poultry, fish, shellfish or other ingredients capable of supporting rapid and progressive growth of infectious or toxigenic m icroorganism s. D. A fee of two dollars ($2.) shall be charged to each person registering for the four-hour training course and two dollars ($2.) for the two-hour refresher course. [Am ended 3-10-75 by Ord. No. 75-122-H; 1-24-77 by Ord. No. 77-1-VV]. & 109-5. Care of food. A. All licensees who sell or deliver or display for sale food and produce from vehicles which are wholly or partly open on any side shall at all tim es keep the food and produce com pletely screened or covered with satisfactory m aterials in order to prevent flies or other insects from alighting around or upon any m erchandise. B. All licensees selling, delivering or displaying for sale seafood, m eats, poultry or dairy products shall transport them only in refrigerated vehicles. The products shall rem ain in the refrigerated portion of the vehicle until the tim e of sale or delivery. The refrigerated portion of the vehicle, while in use, shall be m aintained at a tem perature low enough to com pletely safeguard all of the products from a health and sanitary standpoint. C. No licensee shall at any tim e perm it any waste products, m aterials or parts of produce or other m erchandise to rem ain in or upon any street, roadway, curb or walk, but shall rem ove any debris that m ay have fallen from his vehicle and place it im m ediately in leakproof m etal containers. D. All food or produce sold by any licensee shall at the tim e of delivery be placed in bags or other suitable containers when it is handed to the custom er. E. No licensee shall perm it any debris, waste m aterial, rotting produce or sim ilar m atter to rem ain in or upon his vehicle unless it is contained in a leakproof m etal container having a properly fitted m etal cover. F. Before a licensee selling food or produce uses a vehicle in connection with his business, the vehicle shall be subm itted to the Director of Health, Environm ent and W elfare for inspection and shall be approved relative to com pliance with this section. W henever requested during the term of the license, the licensee shall subm it his vehicle for reasonable reinspection. No vehicle shall be used by a licensee unless it has been approved for use by the Director of Health, Environm ent and W elfare. A certificate of written approval shall rem ain in the vehicle at all tim es and shall be shown by the operator to any m em ber of the Division of Police or any other official of the township who m ay request to see it.
A. The annual fee for a license for an establishm ent which does not process food shall be forty dollars ($40.). (Continued on page 10904) 10903 6-89
& 109-6 EAST BRUNSWICK CODE & 109-6 B. The annual fee for an establishm ent which process food shall be as set forth in the schedule below: RETAIL FOOD STORES BY SQUARE FOOTAGE Over 10,000 Sq. Ft. $ 280.00 (8 hours)* 5,000 to 10,000 Sq. Ft. 245.00
(6 hours) 3,501 to 5,000 Sq. Ft. 175.00 (5 hours) 2,501 to 3,501 Sq. Ft. 140.00
(4 hours) 0 to 2,500 Sq. Ft. 105.00 *These are the approxim ate hours needs annually providing there are no necessary re-inspections. Burdened salary is estim ated at $35.00 an hour. RESTAURANTS BY SEATING CAPACITY 100 or over $ 280.00 (8 hours) 50 to 99 175.00
(5 hours) 1 to 49
140.00 (4 hours) Bar/Tavern 105.00
(3 hours) OTHER Mobile Truck/Ice Cream Truck $ 105.00 (3 hours) Catering Truck
105.00 Hom e (3 hours) Catering Truck 105.00 Truck (3 hours) Re-Inspections 50.00
(1.5 hours) (Fee for each re-inspection after being placed on conditional or unsatisfactory) (2) For the purposes of this subsection "process" shall include the following operations, but this enum eration shall not be exclusive: (a) Cooking, baking or frying food for consum ption on or off the prem ises. (b) Preparing sandwiches or salads. (c) Sm oking, curing, pickling or otherwise preparing raw m eat or fish for consum ption or for further processing. (d)
Prepacking of preserved or raw m eats. (e)
The m anufacture of frozen desserts, candy, sausages and cheese. (f)
The roasting of m eats, poultry, nuts and coffee or other beans. (g)
Catering and preparation of box lunches. (3) The m anufacturing or processing of fresh m ilk or cream shall not be considered food processing for the purposes of this subsection. 10904
6-89 & 109-6 FOOD-HANDLING ESTABLISHMENTS & 109-9 C. There shall be an annual fee of thirty-five dollars ($35.) for each perm it or renewal of an existing perm it for each itinerant retail food-handling vehicle. Paym ent of the fee provided for in this subsection shall not entitle the vendor to a license required under Chapter 135, Article III, of this Code, but a separate application and fee shall be m ade under that Article. D. The above annual license fees are based on adm inistrative costs, plus the m axim um of two (2) inspections per year required of establishm ents that continue to rem ain in a satisfactory condition. Those establishm ents requiring m ore than two (2) inspections per year as a result of citizen com plaints which are deem ed by the Director of Health to be legitim ate or reinspections needed to obtain com pliance will be subject to a reinspection fee of twenty dollars ($20.) for each such reinspection. E. T em porary License for Food Vendors at Middlesex County Fair. All food vendors at the Middlesex County Fair shall be required to obtain a license from the East Brunswick Health Office at a cost of fifteen ($15.00) dollars per license. [Added 9-14-81 by Ord. No. 81-392] & 109-7. Term of license. Licenses issued under the provisions of this Article shall expire, annually, on June 30 of each year. Licenses issued between January 1 and June 30 m ay be obtained at half the usual fee.
A. The Director of the Departm ent of Health, Environm ent and W elfare or his representative shall have the power to conduct all inspections under this Article. B. The Director of Health, Environm ent and W elfare, in his discretion, instead of prosecuting a licensee for violations of the State Sanitary Code, m ay cause an order to be served on such person com m anding him to discontinue or abate the violation or to m ake such im provem ent as m ay be necessary to abate the violation within a reasonable tim e. The person receiving the order shall have the right to be heard either in person or by attorney by the Director of Health Environm ent and W elfare. [Am ended 4-14-80 by Ord. No. 80-240]
W holesale food establishm ents refer to: A. Establishm ents which m anufacture food for sale or which sell food otherwise than directly to the consum er. B. Establishm ents which m anufacture food to be distributed, resold, repackaged or further processed before direct sale. C. Establishm ents operated in conjunction with one (1) or m ore retail stores or outlets located at other prem ises and where food is m anufactured, held or stored for distribution to such stores or outlets, such as com m issaries. D. Establishm ents which prepare, process or otherwise produce substances which are used in the m anufacture of food, including but not lim ited to spices, condim ents, additives, flavors, thickeners, arom atics, preservatives, stabilizers, etc. E. Establishm ents which hold, distribute and resell food or food products to retail establishm ents, such as warehouses, depots, etc. 10905
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