Food trucks may soon roll into West Milford

An ordinance introduced by the Township Council on Wednesday aims to allow food trucks to operate within the township. After a public hearing on March 16 the council is expected to approve the new law. It notes that other municipalities permit food trucks, especially at, but not limited to, special events where such events are enjoyed by the public.

“The township, in allowing food trucks to operate, seeks to regulate licensing and operation for the public’s health, welfare and benefit and wishes to establish such licensing and operating standards for food trucks, to ensure efficient, safe and successful operations within the township.”

Under the provisions the Township Health Officer and Board of Health shall remain responsible for ensuring food trucks, like any other food establishment in the township, meet all health requirements and operating standards. Affirmative action by the council on the adoption of the ordinance would repeal a section of the current law and replace it to include the following provisions.

It would be unlawful for any person to conduct a retail food establishment without obtaining a license from the Health Department and displaying that license in a conspicuous place within the establishment. All provisions of the retail food establishment provisions of the State Sanitary Code must be complied with.

Licenses will expire annually on June 30 of each year and application for renewal together with the required fee must be submitted prior to June 30 of each year. A certificate or license issued by another health department is not transferable.In the future food trucks would be defined as a mobile “retail food establishment” and subject to compliance with all applicable provisions for retail food establishments to the State Sanitary Code and as set forth by state law.

Food trucks shall be allowed to operate within the township only upon payment of the required annual fee.The Food Truck operation would be allowed on both private and public property upon designation of specific dates, and only upon written approval of the property owner. For any Food truck operation seeking to occur on township property, written approval shall be by the township administrator and as delegated by the governing body.

A second ordinance under council consideration seeks to set the annual license fee at $500 for mobile retail food establishments and permit food trucks as a form of mobile retail food establishment permitted in the township.

The following fees, under the new law if adopted, would apply to Chapter 163 under the Township Code of Laws for Food Establishments.Temporary retail food establishment and agricultural markets, $40; Mobile retail food establishments, including but not limited to food truck: $500 annually; All other retail food establishments shall be $150 annually, except that for establishments which only offer packaged food for sale (for a period of seven days), the fee $40 annually; There shall be an additional fee of $25 for each re-inspection of any license; Nonprofit food license: $40 per year. Risk type 1: $106; 2. $160; 3. $250 and 4 $250.