A code regulating retail food establishments in the Town of Secaucus is hereby established and adopted, pursuant to N.J.S.A. 26:3-69.1 et seq. A copy of said code, commonly known as N.J.A.C. 8: 24, is annexed hereto and made a part hereof without the inclusion of the text herein. Three copies of said code have been placed on file in the office of the Board of Health for use and examination by the public.
[HISTORY: Adopted by the Board of Health of the Town of Secaucus 2-19-1974; amended in its entirety 11-12-2025 by Ord. No. 2025-40.[1] Subsequent amendments noted where applicable.]
[1]
Editor's Note: Prior legislation includes 5-20-1974; 12-17-1979; 1-17-1983; 2-22-1983; 9-19-1983; 6-15-1987; 4-17-1989; 6-19-1989; 3-22-1993; 4-18-1994; 8-24-2010 by Ord. No. 2010-35; 9-17-2012 by BOH 2012-2; 6-16-2014 by Ord. No. BOH 2014-2; 4-16-2018 by Ord. No. BOH 2018-1; 2-18-2020 by Ord. No. BOH 2020-1; 6-28-2022 by Ord. No. 2022-14; 2-14-2023 by Ord. No. 2023-2; 8-22-2023 by Ord. No. 2023-19; 10-11-2023 by Ord. No. 2023-24.
As used in this chapter, the following terms shall have the meanings indicated:
Permit issued by the Secaucus Health Department for temporary events with more than 10 vendors that requires one copy of said health license with an attached list of prescreened/approved vendors and/or participants.
Any raw or cooked product, solid or liquid, that is edible by a person or animal. Includes, but is not limited to, items that are packaged or prepackaged.
Any individual or group of individuals responsible for coordination, organization, planning, and/or decision making that affects the temporary event or show including, but not limited to, show managers, show directors, and event organizers.
Any temporary event that will have 10 or more vendors participating that will be providing, selling or giving samples of consumables, or requiring a type of Health Department approval including, but not limited to, tattoo vendors, salon vendors and vending machine vendors.
A significant threat or danger to health that is considered to exist when there is evidence sufficient to show that a product, practice, circumstance, or event creates a situation that requires immediate correction or cessation of operation to prevent injury based on the number of potential injuries, and the nature, severity, and duration of the anticipated injury.
An event lasting seven days or less, including an extensive event, that will be providing, selling or giving samples of consumables, or requiring a type of Health Department approval including, but not limited to, tattoo vendors, salon vendors and vending machine vendors.
Any individual or group of individuals selling, sampling, or distributing consumables to the public, which includes, but is not limited to, retail food establishments, retail food distributors, manufacturers, mobile trucks, mobile carts, push carts, individuals or groups purchasing consumables for distribution, sample, or resale to the public.
Retail food establishments in violation of this chapter or N.J.A.C. 8:24 are hereby declared to be a nuisance hazardous to health.
It shall be unlawful for any person, association of persons or any body corporate to conduct a retail food establishment, as defined in and governed by N.J.A.C. 8:24, in the Town of Secaucus without first having procured a license from the local Board of Health, or to operate a retail food establishment without complying with any or all of the provisions contained in this chapter and N.J.A.C. 8:24.
A.
Approval required. No retail food establishment may operate without prior approval of a license application by the Board of Health.
B.
Attendance at Board of Health meeting required. First time approval can only be granted by the Board of Health. Said approval will only be granted upon attendance at a Board of Health monthly meeting. However, temporary approval prior to attendance at the meeting may be granted by the Health Officer at his/her discretion. The applicant may operate its business with temporary approval.
C.
Temporary approval. This temporary approval will lapse and become void if the applicant fails to attend the monthly meeting following the granting of temporary approval. Operating without a license or temporary approval is a violation and will result in closure and such other penalties as promulgated by the Secaucus Town Clerk.
A.
Application. Any individual vendor participating in a temporary event or an event coordinator participating in a temporary extensive event that provides, samples, or sells consumables to the general public or requiring a type of Health Department approval must complete a temporary event application provided by the Health Department and its affiliates.
B.
Application deadline.
(1)
Any individual vendor participating in a temporary event must submit their temporary event application and requisite fee no later than 30 days prior to the date of the event. Failure to comply will result in a late fee and/or denial by the Health Department and the vendor will not be permitted to participate in said event.
(2)
For a temporary extensive event, the event coordinator must submit the temporary event application, all vendor paperwork and the requisite fee no later than two weeks prior to the date of the event. Failure to comply will result in a late fee and/or denial by the Health Department and the vendors will not be permitted to participate in said event.
C.
Additional requirements.
(1)
Any temporary event vendor or event coordinator on behalf of the vendor may be required to submit applicable documentation along with the temporary event application. Documentation requested may include, but is not limited to, vendor's state license or certificate, Town-issued entity license, or additional information deemed necessary by the Secaucus Health Department.
(2)
Any mobile food vendor participating in a temporary event must also submit a permission letter from the property owner and/or company, on company letterhead, that the mobile vendor wishes to vend to the Secaucus Health Department.
D.
Permits issued.
(1)
An individual vendor participating in a temporary event will directly receive their permit from the Health Department.
(2)
For a temporary extensive event, a blanket permit consisting of one permit provided to the event coordinator with an attached list of vendors prescreened and approved by the Health Department will be issued in lieu of individual vendor permits.
E.
Compliance requirements.
(1)
Vendor and event coordinators are responsible for ensuring ongoing compliance with N.J.A.C. 8:24 and all requirements under this chapter.
(2)
The event coordinator shall be responsible for all contact with the Health Department on behalf of the temporary extensive event.
(3)
Town-of-Secaucus sponsored events will be exempt from fee requirements but are required to abide by all other requirements set forth in this chapter.
F.
Revocation. Regardless of prior approval, the Health Department, the Board of Health and/or its affiliates may revoke, decline, or follow up with the applicant or event coordinator at any given time, including prior to and during the time of the temporary event.
G.
Violations and penalties. Any violations witnessed under local code or N.J.A.C. 8:24 before, during, or after the temporary event will result in the vendor and/or event coordinator's revocation of the temporary health license, shutdown of operations, requirement to leave the event venue/premises, and/or issuance fines or summons to appear in court by the Health Department's or Board of Health's affiliates and representatives.
A.
Every applicant for a license pursuant to this chapter shall be at least 18 years of age and shall make application on forms to be furnished by the Board of Health.
B.
Every applicant for a license pursuant to this chapter whose establishment is extensively remodeled or of new construction shall submit, along with a set of blueprints, a one-time fee of $200 to recoup administrative costs associated with said plan review.
C.
Any application that is submitted and reviewed by the Secaucus Health Department but not approved within 30 days from the date of receipt by the Secaucus Health Department, will be considered void and the applicant will be required to submit a new application.
A.
Every license so issued by the Board of Health shall be for the calendar year, or any part thereof, in which the same is issued. Applications for the renewal thereof shall be made before January 31 of the succeeding calendar year. Failure to renew any retail license by its expiration date shall result in the following fines to be paid within 10 days of said violation.
B.
This fine shall in no way limit the licensee's culpability for compliance with the other provisions of the licensing ordinance.
Every license issued pursuant to this chapter shall at all times be placed in a conspicuous place on the premises designated and be framed or otherwise protected against dust or dirt, and shall at all times be subject to the inspection of any officer or inspector of the Board of Health.
A.
The annual fees for licensure of retail food establishments are hereby fixed as follows:
(1)
Establishments with seating.
Group 1: 0 to 50 seats | $200 |
Group 2: 51 to 100 seats | $300 |
Group 3: 102 to 200 seats | $500 |
Group 4: 201 seats or more | $600 |
(2)
Supermarkets.
Up to 5,000 square feet | $1,000 |
Over 5,000 square feet | $2,000 |
(3)
Establishments without seating.
Vending machine | $25 per machine |
Bakery/deli | $200 |
Mobile retail food (food truck) | $150 |
Frozen mobile retail food (ice cream truck) | $75 |
Nonprofit organization | $60 |
Farmer's market (outdoor) | $85 |
Other | $100 |
B.
Temporary event fees.
(1)
Individual vendors (up to nine vendors at one event): $25 per vendor.
(2)
Flat fees for temporary extensive events:
Event with 10 to 25 vendors | $300 |
Event with 26 to 50 vendors | $600 |
Event with 51 to 100 vendors | $950 |
Event with 101 to 150 vendors | $1,000 |
Event with 151 to 200 vendors | $2,000 |
Event with 201 to 400 vendors | $3,000 |
(3)
Temporary event late fees. Any vendor or event coordinator, in the case of an extensive event, who applies for a temporary event permit after the thirty-day deadline shall pay a late fee of $25 per vendor in addition to any regular fees to the Board of Health. Acceptance of the late application is at the sole discretion of the Board of Health.
(4)
Town-of-Secaucus-sponsored events will be exempt from fee requirements.
A.
The Board of Health, through its proper representatives, shall inspect, as often as deemed necessary, every retail food establishment in the Town of Secaucus. The person operating a retail food establishment shall permit the Health Officer or his/her designee reasonable access to all parts of such establishment necessary for the purpose of conducting such inspection.
B.
Any retail food establishment which upon inspection is rated "conditionally satisfactory" or "unsatisfactory" shall be subject to a reinspection fee of $200. One follow-up up inspection after the initial application inspection may be done for a minor violation or correction without a fee at the sole discretion of the Health Officer or his/her designee. Subsequent reinspection(s) deemed necessary by the Health Officer or his/her designee shall be at a fee of $200 per inspection. Failure to pay said fee prior to the reinspection date established by the Department constitutes a violation of this chapter.
A.
The owner or operator of every retail food establishment in the Town of Secaucus shall, after each inspection conducted by the Health Officer or his/her designee, be given a report of such inspection, on forms approved by the New Jersey Department of Health, which shall be posted by the owner or operator in a conspicuous place near the public entrance of the establishment in such manner that the public may review the report. When it shall be found, in an inspection pursuant to § 143-10, that conditions exist which violate this chapter or N.J.A.C. 8:24, the Health Officer or his/her designee shall provide the owner or operator of such establishment with a written statement of the violations found and to be corrected, and a date on which a reinspection of the establishment shall be made.
B.
The owner, operator or responsible employee of any establishment which receives two successive conditionally satisfactory ratings or an unsatisfactory rating shall successfully complete the Food Service Managers Certification Program or an equivalent acceptable to the New Jersey State Department of Health. The aforementioned shall be completed in a time period specified by the local Board of Health.
Notwithstanding any other provision contained herein, the Health Officer or his/her designee may issue, pursuant to N.J.S.A. 24:15-11, to any establishment found to be in violation of this chapter or N.J.A.C. 8:24, an order to abate the violation within a reasonable time to be fixed in the order. The order shall be in writing, and the person receiving it shall have the right to be heard either in person or by his/her attorney by the Board of Health.
A.
Suspension of license; discontinuance of operations.
(1)
The Health Officer or his/her designee may summarily suspend a license to operate a food establishment if it determines through inspection, or examination of employees, food, records, or other means as specified in this chapter, that an imminent health hazard exists.
B.
The Board of Health may, for good and sufficient reason, revoke any such license; provided, however, that the licensee shall be afforded an opportunity to be heard and show cause why such revocation shall not be taken.
Any license issued pursuant to this chapter may be suspended or revoked by the Board of Health for any willful and persistent violation by the licensee of any provision of this chapter or N.J.A.C. 8:24 whenever such establishment is conducted in violation of any law of the United States, the State of New Jersey, or any ordinance of this Town; whenever the purpose for which the license has been issued is being abused to the detriment of the public health or welfare; or whenever the establishment is being used for a purpose foreign to that for which the license was issued; provided, however, that a license shall not be suspended or revoked until a hearing thereon shall be had by the Board of Health. Written notice of the hearing shall be served on the licensee at least five days prior to the date set for such hearing, which notice shall contain a statement of the charges upon which the Board of Health relies. The aggrieved party shall have the right at any such hearing to be represented by an attorney, answer questions and respond to charges, and present testimony and other evidence. After due consideration and deliberation of the evidence presented, the Board of Health may dismiss the complaint or, if the Board concludes that the evidence clearly and convincingly substantiates the charges, suspend or revoke the license held by the aggrieved party. If any such license shall have been revoked, neither the licensee thereof nor any person acting for him, either directly or indirectly, shall be granted a retail food establishment license in the Town unless the application for such license shall be approved by the Board of Health.
No provision of this chapter shall be applied so as to impose any unlawful burden on either interstate commerce or any activity of the state or federal government.
Notwithstanding any other provision of this chapter establishing penalties for violation thereof, each violation of any provision of this chapter or N.J.A.C. 8:24 shall constitute a separate offense and shall be punishable by a penalty of not less than $50 and not more than $1,000.
In addition to the penalty prescribed in § 143-16 and the revocation provisions of §§ 143-13 and 143-14, the Health Officer or his/her designee may temporarily close any retail food establishment, temporary event, etc., if any licensee convicted of a violation or violations of any of the provisions of this chapter or N.J.A.C. 8:24 twice within a period of six months, for a period of from five days to 10 days, or until the Board of Health acts upon a permanent revocation under §§ 143-13 and 143-14 hereof, and may cause a notice to be posted on the main entrance of said restaurant or temporary retail food establishment reading "Closed by the Town of Secaucus Health Department."
This chapter shall take effect upon final adoption and publication as required by law.