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Ex. DUT-NJ-011 Standing duty Primary source read

N.J.A.C. 8:24-2.2, Employee health (exclusion and restriction of employees with communicable disease or acute respiratory infection)

Employee health

New Jersey Department of Health (State Sanitary Code, Chapter 24, Sanitation in Retail Food Establishments and Food and Beverage Vending Machines) · New Jersey (State)

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The record

Jurisdiction
New Jersey
Level
State
Authority
State Sanitary Code, N.J.A.C. 8:24 (retail food)
Issued
2021-12-20 Dec. 20, 2021
Effective
standing (read as 2021-12-20)
End
standing
In force
Standing since Dec. 20, 2021 (a statutory duty; in force throughout the six quarters)
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitation types
Workplace rulesQuarantine and isolationStanding duty
Addressees
  • specified businesses: retail food establishments (restaurants, bars, groceries, food service) and their persons in charge
Character
sanitary code duty
Collection
Standing duties: New Jersey DUT-NJ

Operative words

Persons, while affected with any disease in a communicable form or while a carrier of such disease or while affected with... acute respiratory infection, jaundice, sore throat with fever, nausea, vomiting, or diarrhea... shall not work in any area of a food establishment in any capacity in which there is a likelihood of such person contaminating food or food contact surfaces

Penalty

N.J.S.A. 26:1A-10 ($50 to $1,000 per violation, each a separate offense) (Ex. DUT-NJ-005); N.J.A.C. 8:24-8.8 (corrective orders; closure; exclusion of employees) (Ex. DUT-NJ-017); N.J.A.C. 8:24-8.9 (penalties)

What it required

Every retail food establishment had to keep any employee with a communicable disease, a carrier state or an acute respiratory infection out of food-handling work, and the person in charge, on suspicion of communicable disease, had to 'advise the employee to contact his or her physician for treatment and... relieve him or her of duties relating to food handling or food contact surfaces.'

Retrieval note

Text from Cornell LII's New Jersey Administrative Code mirror (the Office of Administrative Law's LexisNexis site is a Folio application that cannot be fetched). LII records the current section as 'Amended by 53 N.J.R. 2196(a), effective 12/20/2021'; N.J.A.C. 8:57-1.13 (Department or health officer 'may prohibit a person who is ill or infected with a communicable disease... from working with food as set forth at N.J.A.C. 8:24-2.2') was read on LII and not separately saved.