A2924

An Act concerning mobile retail food establishments and supplementing Title 26 of the Revised Statutes.

Be It Enacted by the Senate and General Assembly of the State of New Jersey:

1. The Legislature finds and declares:

a. The “South Jersey Mobile Unit Task Force” is a program that was developed by the Cumberland County Department of Health’s Environmental Unit in conjunction with surrounding county health departments to form a Regional Mobile Food Vendor Task Force, in which participating mobile retail food establishments can move from jurisdiction to jurisdiction without having to re-apply for approvals in each jurisdiction.

b. In 2015, the National Association of County and City Health Officials selected the “South Jersey Mobile Unit Task Force” as a model practice demonstrating exemplary and replicable qualities in response to a local public health need.

c. Prior to the implementation of this program in Cumberland County, local health departments faced numerous challenges in the regulation of mobile retail food establishments, including an inability to obtain accurate and complete information from mobile retail food establishments operating in their jurisdiction, variations in the regulatory and application process between jurisdictions, and inconsistent enforcement of inspection standards.

d. Retail food establishments are usually subject to inspections once per year; however, monitoring the compliance of mobile retail food establishments with inspection standards can be difficult without a coordinated system between local health jurisdictions.

e. The implementation of this model practice has resulted in a more efficient and standardized regulatory process for government agencies and mobile retail food establishments and the promotion of improved food safety practices.

f. It is in the public interest for this State to promote the adoption of this model practice throughout the State and to standardize the health and fire safety inspections of mobile retail food establishments operating within this State.

2. a. Each mobile retail food establishment in the State shall be inspected once each month for compliance with the State Sanitary Code and the Uniform Fire Code at the location of the mobile retail food establishment’s base of operation. Inspections required pursuant to this subsection shall be conducted in accordance with the standards established pursuant to subsection c. of this section. Additional health and fire safety inspections of a mobile retail food establishment may be conducted each month, provided that the mobile retail food establishment is not subject to more than one health inspection and one fire safety inspection per week and not subject to any inspection fees for the additional inspections.

b. The governing body of a municipality that conducts a health or fire safety inspection required pursuant to subsection a. of this section may establish an inspection fee in an amount equal to the cost of conducting the inspection, or equal to any inspection fee applicable to non-mobile retail food establishments, whichever amount is lower.

c. (1) The Commissioner of Health shall establish standards for the health inspections conducted pursuant to subsection a. of this section.

(2) The Commissioner of Community Affairs shall establish standards for the fire safety inspections conducted pursuant to subsection a. of this section.

d. Any entity that conducts a health or fire safety inspection pursuant to subsection a. of this section shall be required to report any failed inspections to the Department of Community Affairs. The Department of Community Affairs shall make such information publicly available on the department’s Internet website.

e. As used in this section, “mobile retail food establishment” means any movable restaurant, truck, van, trailer, cart, bicycle, watercraft, or other movable unit, including hand carried, portable containers in or on which food or beverages are transported, stored, or prepared for retail sale or given away at temporary locations.

3. The Commissioners of Community Affairs and Health shall each adopt rules and regulations, pursuant to the “Administrative Procedure Act,” P.L.1968, c.410 (C.52:14B-1 et seq.), as are necessary to implement the provisions of this act.

4. This act shall take effect 180 days after the date of enactment, except that the Commissioners of Community Affairs and Health may take any anticipatory administrative action in advance as shall be necessary for the implementation of this act.

STATEMENT

This bill requires monthly health and fire safety inspections for mobile retail food establishments in this State, replacing the current onerous system that often requires multiple health and fire safety inspections in a single day.

The bill includes legislative findings setting forth the need for this approach and the model upon which it is based. The “South Jersey Mobile Unit Task Force” is a program developed by the Cumberland County Department of Health’s Environmental Unit in conjunction with surrounding county health departments to form a Regional Mobile Food Vendor Task Force, in which participating mobile retail food establishments (“food trucks”) can move from jurisdiction to jurisdiction without having to re-apply for approvals in each jurisdiction.

The findings note that in 2015, the National Association of County and City Health Officials selected the “South Jersey Mobile Unit Task Force” as a model practice demonstrating exemplary and replicable qualities in response to a local public health need. The findings also state that implementation of this model practice has resulted in a more efficient and standardized regulatory process for government agencies and food trucks, and the promotion of improved food safety practices.

Under the bill, each mobile retail food establishment in the State will be inspected once a month for compliance with the State Sanitary Code and the Uniform Fire Code at the location of the mobile retail food establishment’s base of operation. Inspections will be conducted in accordance with standards established by the Commissioners of Health and Community Affairs. Additional health and fire safety inspections of a mobile retail food establishment may be conducted each month, provided that the mobile retail food establishment is not subject to more than one health inspection and one fire safety inspection per week and not subject to any inspection fees for the additional inspections.

The governing body of a municipality that conducts a health or fire safety inspection required pursuant to this bill may establish an inspection fee in an amount equal to the cost of conducting the inspection, or equal to any inspection fee applicable to non-mobile retail food establishments, whichever amount is lower. Any entity that conducts a health or fire safety inspection pursuant to this bill will be required to report any failed inspections to the Department of Community Affairs. The Department of Community Affairs will make such information publicly available on the department’s Internet website.