N.J. Admin. Code § 8:21-11.6

Current through Register Vol. 56, No. 11, June 3, 2024

Section 8:21-11.6 - Disposal of distressed foods

(a) All disaster or distressed food shall be disposed of in the following manner.

1. All foods and food containers that have been subject to a natural or local disaster or industrial mishandling shall be embargoed until such time that the Department or the local health authority has determined that the foods are safe, wholesome, and free from adulteration. Every effort shall be made to provide proper security for embargoed food during the entire period of the embargo.

2. Upon completion of the sorting and reconditioning process, the Department or the local health authority shall examine the embargoed food and determine if the foods are safe for consumption or are condemned for use as food.

3. Upon determination by the Department or the local health authority that the embargoed foods are safe, wholesome, and free from adulteration, an embargo release shall be issued and the foods released for sale. No embargoed foods shall be moved or otherwise disposed without permission of the Department, the local health authority, or the court.

4. Upon determination that foods under embargo are unfit for consumption, the Department, local health authority, or the court shall condemn such foods and cause or order the foods to be destroyed for food purposes.

5. Condemned foods shall be destroyed under the direct observation of the Department or the local health authority.

6. Condemned foods shall be disposed of in a manner satisfactory to the Department or the local health authority.

7. Small lots of condemned foods may be denatured or decharacterized and disposed of by a method in which there is no possible way the foods can be recovered and re-enter food channels.

8. Large lots of foods shall be disposed of by incineration or disposal in a sanitary landfill. The condemned foods shall be under constant observation of the Department or the local health authority during loading, transportation, and eventual disposition at the incinerator or sanitary landfill. Condemned foods to be disposed of in a sanitary landfill shall be discharged upon a hard surface, thoroughly crushed by a bulldozer or similar type of equipment, pushed into the active part of the landfill, and covered with soil to a depth which would preclude the possibility of scavaging.

9. Distressed embargoed foods may be disposed of in any other manner acceptable to the Department or the local health authority.

10. In no instance shall any poisonous, toxic or other dangerous food which may have an adverse environmental impact be disposed of without prior permission from the Department of Environmental Protection.

N.J. Admin. Code § 8:21-11.6

Recodified by R.1990 d.563, effective 11/19/1990.
See: 22 New Jersey Register 2465(a), 22 New Jersey Register 3559(a).
Text on disposal of distressed foods recodified from 11.5.
Notice of readoption with technical change, effective 12/20/2021.
See: 53 N.J.R. 2191(a).