N.J. Admin. Code § 8:24-9.1

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

Section 8:24-9.1 - Plan submission and approval

(a) A permit applicant or operator shall submit to the health authority properly prepared plans and specifications for review and approval before:

1. The construction of a retail food establishment;

2. The conversion of an existing structure for use as a retail food establishment; or

3. The remodeling of a retail food establishment or a change of type of retail food establishment or food operation if the health authority determines that plans and specifications are necessary to ensure compliance with these rules.

(b) The plans and specifications for a retail food establishment shall include, as required by the health authority based on the type of operation, type of food preparation, and foods prepared, the following information to demonstrate conformance with rule provisions:

1. The intended menu;

2. The anticipated volume of food to be stored, prepared, and sold or served;

3. The proposed layout, mechanical schematics, construction materials, and finish schedules;

4. The proposed equipment types, manufacturers, model numbers, locations, dimensions, performance capacities, and installation specifications;

5. Proposed program of training for the persons in charge and food employees pertaining to protecting public health and the safety and integrity of food; and

6. Other information that may be required by the health authority for the proper review of the proposed construction, conversion or modification, and procedures for operating a retail food establishment.

(c) The health authority shall review these plans and respond accordingly within 30 days of the date of submission. No retail food establishment shall be constructed, renovated, or converted except in accordance with plans and specifications previously submitted to and approved by the appropriate health and construction authorities.

(d) Prior to engaging in an activity that requires a HACCP plan, an operator shall submit to the health authority for approval a properly prepared HACCP plan as specified under (e) below and the relevant provisions of this chapter if:

1. Approval for specialized processing is required as specified under 8:24-3.5(h); or

2. The health authority determines that approval for specialized processing is required based on the plans submitted under (b) above, an inspectional finding, or request for specialized processing as specified under 8:24-3.5(h) and (i).

(e) For a retail food establishment that is required under (d) above to have a HACCP plan, the plan and specifications shall indicate:

1. A categorization of the types of potentially hazardous foods that are specified in the menu such as soups and sauces, salads, and bulk, solid foods such as meat roasts, or of other foods that are specified by the health authority;

2. A flow diagram by specific food or category type identifying critical control points and providing information on the following:

i. Ingredients, materials, and equipment used in the preparation of that food; and

ii. Formulations or recipes that delineate methods and procedural control measures that address the food safety concerns involved;

3. Food employee and supervisory training plan that addresses the food safety issues of concern;

4. A statement of standard operating procedures for the plan under consideration including clearly identifying:

i. Each critical control point;

ii. The critical limits for each critical control point;

iii. The method and frequency for monitoring and controlling each critical control point by the food employee designated by the person in charge;

iv. The method and frequency for the person in charge to routinely verify that the food employee is following standard operating procedures and monitoring critical control points;

v. Action to be taken by the person in charge if the critical limits for each critical control point are not met; and

vi. Records to be maintained by the person in charge to demonstrate that the HACCP plan is properly operated and managed; and

5. Additional scientific data or other information, as required by the health authority, supporting the determination that food safety is not compromised by the proposal.

N.J. Admin. Code § 8:24-9.1