P.L. 1997, CHAPTER 337, approved January 12, 1998
Senate, No. 1056 (First Reprint)
An Act concerning frozen desserts licenses and 1[supplementing] amending1 P.L.1964, c.120 1[(C.24:10-73.1 et seq.)]1.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1[1. Notwithstanding the licensing requirements established pursuant to P.L.1964, c.120 (C.24:10-73.1 et seq.), a person owning or operating a frozen desserts plant for the assembly, manufacturing, processing, freezing or converting in form of frozen desserts for sale or distribution within his county, shall be exempt from Department of Health frozen desserts licensing requirements if the frozen desserts plant passes the required county or municipal sanitary inspection pursuant to N.J.A.C.8:24-1.1 et seq. and the person obtains an annual retail food establishment mercantile license from the county or municipality in which the plant is located.]1
11. Section 5 of P.L.1964, c.120 (C. 24:10-73.5) is amended to read as follows:
5. (a) "Frozen desserts plant" is hereby defined as any place, premises or establishment or any part thereof where frozen desserts are assembled, manufactured, processed, frozen or converted in form, for wholesale distribution or sale, and shall include rooms or premises wherein utensils are washed, sanitized or kept. [This definition shall be construed to include retail stores and mobile units but shall not include retail establishments other than mobile units mechanically converting frozen desserts into soft ice cream, shakes, sandwiches and sundaes unless they also operate subject to licensing requirements.]
(b) ["Cellar" is hereby defined as a room which is more than 1/2 its height below the level of the curb or ground adjoining the building, excluding areaways.](Deleted by amendment, P.L. , c. )
(c) "Mobile unit" is hereby defined as any vehicle on which frozen desserts are manufactured, prepared, processed or converted in form and which is used in selling and dispensing such products to the consuming public.
(d) "Depot" is hereby defined as a building from which mobile units operate and where they are sanitized.
(e) ["Station" is hereby defined as a building used for storage of frozen desserts manufactured elsewhere prior to distribution in wholesale quantities.](Deleted by amendment, P.L. , c. )
(f) "Wholesale" means any place engaged in the production, preparation, processing, manufacture, packing, storage or handling of food for sale or distribution to a person other than the ultimate consumer.1
(cf: P.L.1969, c.88, s.3)
12. Section 10 of P.L.1964, c.120 (C. 24:10-73.10) is amended to read as follows:
10. Every person owning or operating a frozen dessert plant for the assembly, manufacturing, processing, freezing or converting in form of frozen desserts for wholesale sale or distribution or a mobile unit within this State shall, before July 1 in each year, apply to the department for a license to sell or distribute such products within this State and register with the department such information as may be required by the department to enable it to carry out its responsibilities under this act.
At the same time application for a license and registration is filed the applicant shall pay to the department an annual license fee [as follows: for each manufacturer of frozen desserts producing or distributing annually within this State not in excess of 10,000 gallons of those products, $20.00; in excess of 10,000 gallons and not in excess of 25,000 gallons of those products, $40.00; in excess of 25,000 gallons and not in excess of 50,000 gallons of those products, $100.00; in excess of 50,000 gallons and not in excess of 100,000 gallons of those products, $200.00; in excess of 100,000 gallons of those products, $400.00]. The fee schedule shall be adopted by regulation pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.) and shall be reasonable for services performed in the licensing and inspection of a frozen dessert plant or mobile unit, except that the license fee shall not exceed $500.1
(cf: P.L1983, c.275, s.9)
1[2.] 3.1 This act shall take effect immediately.
Amends definition of frozen desserts plant to exclude retail stores.