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  3. DUT-NJ-017

Ex. DUT-NJ-017 Standing duty Primary source read

N.J.A.C. 8:24-8.8, Closure for infection (corrective orders, closure and exclusion of infected employees from retail food establishments)

Closure for infection

New Jersey Department of Health (State Sanitary Code, Chapter 24, Subchapter 8, Enforcement Provisions) · New Jersey (State)

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The record

Jurisdiction
New Jersey
Level
State
Authority
State Sanitary Code, N.J.A.C. 8:24
Effective
standing
End
standing (read as 2021-09-30)
In force
Standing (a statutory duty; in force throughout the six quarters)
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitation types
Business closureWorkplace rulesQuarantine and isolationStanding duty
Addressees
  • specified businesses: retail food establishments and their owners, managers and employees
Character
sanitary code duty
Collection
Standing duties: New Jersey DUT-NJ

Operative words

When the Department or health authority has reason to suspect that any retail food establishment is or may be a source of foodborne infection, it shall... order appropriate action to be taken which will eliminate the source of infection.... the Department or health authority may cause an order to be issued requiring the establishment to be closed in order to protect the public health.

Penalty

Closure order (hearing within 15 days while the order remains in effect); exclusion of employees; N.J.S.A. 26:1A-10 penalties (Ex. DUT-NJ-005)

What it required

A retail food establishment suspected as a source of infection had to take the corrective action the health authority ordered on pain of closure, and the health authority could order an ill or infected employee to leave and 'order the employer to prohibit such employee from returning to work' until permission was granted (subsection (d)).

Retrieval note

Text from Cornell LII's N.J.A.C. mirror. The section's terms are 'foodborne infection'; it is recorded as the Sanitary Code's closure-and-exclusion mechanism for infected food establishments and employees, on which the Department's 2020-2021 dining directives (Exs. NJ-069, NJ-077) and local health officers operated.