N.J. Admin. Code § 8:24-2.1

Current through Register Vol. 56, No. 9, May 6, 2024

Section 8:24-2.1 - Supervision

(a) The operator shall be the person in charge or shall designate a person in charge and shall ensure that a person in charge is present at the retail food establishment during all hours of operation.

(b) Based on the risks of foodborne illness inherent to the food operation, during inspections and upon request, the person in charge shall demonstrate to the health authority knowledge of foodborne disease prevention, application of the Hazard Analysis Critical Control Point (HACCP) principles, and the requirements of this chapter. The person in charge shall demonstrate this knowledge by substantial compliance with this chapter. By January 2, 2010, at least one person in charge in Risk Type 3 Food Establishments shall be a certified food protection manager who has shown proficiency of required information through obtaining a food safety certificate by passing a food safety certification examination administered by an accredited certifying program recognized by the Conference for Food Protection. Certified food protection managers shall maintain the currency of the food safety certificate by following the accredited certifying program's requirements for renewal. Information on accredited food safety certification programs is 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, telephone (609) 826-4935.

(c) The person in charge shall ensure the following:

1. That retail food establishment operations are not conducted in a private home or in a room used as living or sleeping quarters;

2. That persons unnecessary to the retail food establishment operation are not allowed in the food preparation, food storage, or warewashing areas;

3. That employees and other persons such as delivery and maintenance persons and pesticide applicators entering the food preparation, food storage, and warewashing areas comply with this chapter;

i. Through routinely monitoring the employees' handwashing, that employees are effectively cleaning their hands;

ii. Through routinely monitoring the employees' observations and periodically evaluating foods upon their receipt, that employees are visibly observing foods as they are received to determine that they are from sources that are subject to inspection by the appropriate regulatory authority as set forth in 8:24-3.2, delivered at required temperatures, protected from contamination, unadulterated, and accurately presented;

iii. Through daily oversight of the employees' routine monitoring of the cooking temperatures using appropriate temperature measuring devices properly scaled and calibrated, that employees are properly cooking potentially hazardous food, being particularly careful in cooking those foods known to cause severe foodborne illness and death, such as eggs and comminuted meats;

iv. Through daily oversight of the employees' routine monitoring of food temperatures during cooling, that employees are using proper methods to rapidly cool potentially hazardous foods that are not held hot or are not for consumption within four hours;

v. Through routine monitoring of solution temperature and exposure time for hot water sanitizing, and chemical concentration, pH, temperature, and exposure time for chemical sanitizing, that employees are properly sanitizing cleaned multiuse equipment and utensils before they are reused;

4. That consumers are notified that clean tableware is to be used when they return to self-service areas such as salad bars and buffets;

5. That employees are preventing cross-contamination of ready-to-eat food with bare hands by properly using suitable utensils such as deli tissue, spatulas, tongs, single-use gloves, or dispensing equipment; and

6. That employees are properly trained in food safety as it relates to their assigned duties.

N.J. Admin. Code § 8:24-2.1

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