N.J. Admin. Code § 8:24-3.2

Current through Register Vol. 56, No. 8, April 15, 2024

Section 8:24-3.2 - Sources, specifications, and original containers and records

(a) Sources requirements include the following:

1. Food in the retail food establishment shall be obtained from a source which is in compliance with applicable State and local laws and regulations.

2. Food prepared in a private home shall not be used or offered for human consumption in a retail food establishment.

3. Packaged food shall be labeled as specified in 24:5-17, Food Misbranding, and Food Labeling 21 CFR Part 101, incorporated herein by reference, as amended and supplemented, Labeling, Marking Devices, and Containers, 9 CFR Part 317, incorporated herein by reference, as amended and supplemented, and Labeling and Containers, 9 CFR Part 381, Subpart N, incorporated herein by reference, as amended and supplemented.

4. Fish that are intended for consumption in their raw form may be offered for sale or service only if they are obtained from a supplier that freezes the fish as specified under 8:24-3.4(d); or frozen on the premises as specified under 8:24-3.4(d) and records are retained as specified under 8:24-3.4(e).

5. Meat and poultry that is not a ready-to-eat food and is in a packaged form when it is offered for sale or otherwise offered for consumption, shall be labeled to include safe handling instructions as specified under 9 CFR § 317.2 (l), incorporated herein by reference, as amended and supplemented, and 9 CFR § 381.125(b), incorporated herein by reference, as amended and supplemented.

(b) Food in a hermetically sealed container shall be obtained from a food processing plant that is regulated by the food regulatory agency that has jurisdiction over the plant.

(c) Fluid milk and milk products shall meet applicable State and local laws and regulations.

(d) Wild mushroom species, if they are in packaged form and are the product of a food processing plant that is regulated by the food regulatory agency that has jurisdiction over the plant, are permitted for use or sale in a retail food establishment.

(e) Retail food establishments shall meet the following requirements with regard to game animals:

1. If commercially raised game animals are received for sale or service, they shall be commercially raised for food and raised, slaughtered, and processed under:

i. A voluntary inspection program that is conducted by the agency that has animal health jurisdiction;

ii. A routine inspection program conducted by a regulatory agency other than the agency that has animal health jurisdiction; or

iii. A voluntary inspection program administered by the USDA for game animals such as exotic animals (reindeer, elk, deer, antelope, water buffalo, or bison) that are "inspected and approved" in accordance with Exotic Animals; Voluntary Inspections, 9 CFR Part 352, incorporated herein by reference, as amended and supplemented, or rabbits that are "inspected and certified" in accordance with Voluntary Inspection of Rabbits and Edible Products Thereof, 9 CFR Part 354, incorporated herein by reference, as amended and supplemented.

2. A game animal may not be received for sale or service if it is a species of wildlife that is listed in Endangered and Threatened Wildlife and Plants, 50 CFR Part 17, incorporated herein by reference, as amended and supplemented.

(f) Requirements for receiving temperatures are as follows:

1. Refrigerated, potentially hazardous food shall be at a temperature of 41 degrees Fahrenheit or below when received, except that if a temperature other than 41 degrees Fahrenheit is specified in law governing its distribution, such as laws governing milk at 8:21-10.11, and molluscan shellfish at 8:13-2.11, the food may be received at the specified temperature.

2. Raw shell eggs shall be received in refrigerated equipment that maintains an ambient air temperature of 45 degrees Fahrenheit or less.

3. Potentially hazardous food that is cooked to safe cooking temperatures, and received hot shall be at a temperature of 135 degrees Fahrenheit or above.

4. A food that is labeled frozen and shipped frozen by a food processing plant shall be received frozen.

5. Upon receipt, potentially hazardous food shall be free of evidence of previous temperature abuse.

(g) Food shall not contain unapproved food additives or additives that exceed amounts specified in 21 CFR Parts 170 through 180, incorporated herein by reference, as amended and supplemented, which relate to food additives, generally recognized as safe or prior sanctioned substances that exceed amounts specified in 21 CFR Parts 181 through 186, incorporated herein by reference, as amended and supplemented, substances that exceed amounts specified in Food Ingredients and Sources of Radiation, 9 CFR § 424.21(b), incorporated herein by reference, as amended and supplemented, or pesticide residues that exceed provisions specified in Tolerances and Exemptions from Tolerances for Pesticide Chemicals in Food 40 CFR Part 180, incorporated herein by reference, as amended and supplemented.

(h) Shell eggs shall be received clean and sound and shall not exceed the restricted egg tolerances for U.S. Consumer Grade B as specified in Voluntary Grading of Shell Eggs, 7 CFR Part 56, incorporated herein by reference, as amended and supplemented, and Inspection of Eggs (Egg Products Inspection Act), 7 CFR Part 57, incorporated herein by reference, as amended and supplemented.

(i) The following requirements shall apply to eggs and milk products:

1. Liquid, frozen, and dry eggs and egg products shall be obtained pasteurized.

2. Fluid and dry milk and milk products shall be obtained pasteurized.

3. Frozen milk products, such as ice cream, shall be obtained pasteurized as specified in Frozen Desserts 21 CFR Part 135, incorporated herein by reference, as amended and supplemented.

4. Cheese shall be obtained pasteurized, unless alternative procedures to pasteurization are specified in the CFR, such as Cheeses and Related Cheese Products, 21 CFR Part 133, incorporated herein by reference, as amended and supplemented, which lists requirements for curing certain cheese varieties.

(j) Food packages shall be in good condition and protect the integrity of the contents so that the food is not exposed to adulteration or potential contaminants.

(k) Ice for use as a food or a cooling medium shall be made from drinking water.

(l) Fish that are received for sale or service shall be legally caught or harvested.

(m) Molluscan shellfish requirements shall include the following:

1. Molluscan shellfish shall be obtained from sources meeting the requirements specified in the U.S. Department of Health and Human Services, Public Health Service, Food and Drug Administration, National Shellfish Sanitation Program Guide for the Control of Molluscan Shellfish ( 2019), incorporated herein by reference, as amended and supplemented.

2. Molluscan shellfish received in interstate commerce shall be from sources that are listed in the U.S. Department of Health and Human Services, Food and Drug Administration, Center for Food Safety and Applied Nutrition, Interstate Certified Shellfish Shippers List, incorporated herein by reference, as amended and supplemented, and available through the Department of Health, Public Health and Food Protection Program by mailing a written request to: Consumer, Environmental, and Occupational Health Service, Public Health and Food Protection Program, PO Box 369, Trenton, New Jersey, 08625-0369, and available at http://www.fda.gov/food/federalstate-food-programs/national-shellfish-sanitation-program-nssp.

(n) Shucked shellfish, packaging and identification requirements include the following:

1. Raw shucked shellfish shall be obtained in nonreturnable packages which bear a legible label that identifies the following:

i. The name, address, and certification number of the shucker-packer or repacker of the molluscan shellfish; and

ii. The "sell by" date for packages with a capacity of less than one-half gallon or the date shucked for packages with a capacity of one-half gallon or more.

(o) Shellstock shall be obtained in containers bearing legible source identification tags that are affixed by the certified dealer that ships or reships the shellstock, as specified in N.J.A.C. 8:13 and that list the following:

1. Each dealer's tag shall list the following information, in the following order:

i. The dealer's name and address, and the certification number assigned by the shellfish control authority;

ii. The original shipper's certification number including the abbreviation of the name of the state or country in which the shellfish are harvested;

iii. The date of harvesting;

iv. The most precise identification of the harvest location or aquaculture site that is practicable based on the system of harvest area designations that is in use by the shellfish control authority and including the abbreviation of the name of the state or country in which the shellfish are harvested;

v. The type and quantity of shellfish; and

vi. The following statement in bold, capitalized type: "THIS TAG IS REQUIRED TO BE ATTACHED UNTIL CONTAINER IS EMPTY AND THEREAFTER KEPT ON FILE FOR 90 DAYS."

(p) When received by a retail food establishment, shellstock shall be reasonably free of mud, dead shellfish, and shellfish with broken shells. Dead shellfish or shellstock with badly broken shells shall be discarded.

(q) Requirements for molluscan shellfish in the original container include the following:

1. Molluscan shellfish shall not be removed from the container in which they are received other than immediately before sale or preparation for service, except as specified in (q)2 and 3 below.

2. Shellstock may be removed from the container in which they are received, displayed on drained ice, or held in a display container, and a quantity specified by a consumer may be removed from the display or display container and provided to the consumer only if:

i. The source of the shellstock on display is identified as specified under (o) above and recorded as specified under (r) below; and

ii. The shellstock are protected from contamination.

3. Shucked shellfish may be removed from the container in which they were received and held in a display container from which individual servings are dispensed upon a consumer's request only if:

i. The labeling information for the shellfish on display as specified under (n) above is retained and correlated to the date when, or dates during which, the shellfish are sold or served; and

ii. The shellfish are protected from contamination.

(r) Requirements for maintaining identification of shellstock include the following:

1. Shellstock tags shall remain attached to the container in which the shellstock are received until the container is empty.

2. The identity of the source of shellstock that are sold or served shall be maintained by retaining shellstock tags for 90 calendar days from the date the container is emptied by using a recordkeeping system acceptable to the health authority that keeps the tags in chronological order correlated to the date when, or dates during which, the shellstock are sold or served; and ensures that shellstock from one tagged container are not commingled with shellstock from another container before being ordered by the consumer.

N.J. Admin. Code § 8:24-3.2

Amended by 53 N.J.R. 2196(a), effective 12/20/2021