POLICY DATABASE
Passaic, N.J., Code, ch. 162 (current through Jan. 11, 2018)
Brief Summary
Requires all grocery stores licensed under the chapter to meet minimum stocking levels for a specified list of staple foods, including milk; cheese; eggs; proteins; fruits and vegetables; juices; whole grain cereals; whole grains; canned beans; and dried peas, beans, and lentils. Items must be in good condition (not expired, spoiled, overripe, etc.).
Legal Strategies
Requires something, sets standards.
Reach
Community-wide
Food System Category: Distribute, Get
State: New Jersey
Jurisdiction Type: City
Jurisdiction Name: Passaic
Does the law refer to priority populations in some way?
Yes. Law refers to "corner stores" and "bodegas." § 162-1. Also, stores that accept "government supplemental nutrition programs" are not eligible for exemption even if they qualify as an "accessory use grocery." See § 162-2 (definition of "accessory use grocery").
Does the law refer to or suggest a goal related to improving or protecting health?
Yes. Law refers to "lack of access to healthy food" as a problem; that the law seeks to futher "public health, safety, and welfare," and states that the city seeks to " increase healthier food choices . . . and encourage healthier communities" § 162-1.
Does the law refer to or suggest a goal of fostering improved environmental conditions?
No.
Does the law refer to or suggest a goal related to promoting or supporting the community's economy?
Unclear. Law refers to a goal of "creat[ing] healthier businesses." § 162-1.
Does the law include findings (including jurisdiction-specific findings), or are there findings in the larger section, title, article, or chapter which the law is part of?
No.
Does the law have a stated intent or purpose, or is there an intent or purpose in the larger section, title, article, or chapter which the law is part of?
Yes. The law's purpose statement includes the following: "The City of Passaic recognizes that the lack of access to healthy food is a problem in many neighborhoods in New Jersey, including Passaic, and that many residents of Passaic depend upon small, neighborhood stores for food purchases. The City ... believes every community deserves access to healthy, affordable food...." The purpose of the law is "to increase access to fresh, healthy, affordable foods by ensuring that grocery stores, corners stores and/or bodegas in the City of Passaic provide a certain minimum level of healthy food to increase healthier food choices, create healthier businesses, and encourage healthier communities." § 162-1.
Does the law include definitions, or are there definitions in the section, title, article, or chapter which the law is part of?
Yes. § 162-2.
Does the law address implementation in some way?
No.
Are there enforcement provisions that identify specific penalties or consequences for non-compliance?
Yes. "The general penalty provisions of the Code of the City of Passaic shall govern violations of this chapter." § 162-6.
Does the law include an evaluation component, beyond reporting on activity?
No.
Does the law require an extra or atypical financial or resource investment?
No.
Code context and ordinance history
Chapter 162 (Grocery Stores) is found in Title II (General Legislation). History: It was adopted on 6-27-2017 by Ord. No. 2110-17, which can be found at: http://ecode360.com/documents/PA1001/source/LF968912.pdf.