Restaurants and food shops across Millburn would face new rules on cooking smells, grease-laden exhaust, and smoke under an ordinance the Township Committee introduced Tuesday, July 14.

Ordinance 2759-26 amends Chapter BH4 of the township's health code, giving the Health Officer and Health Inspector explicit authority to investigate odor complaints, demand maintenance records from restaurant operators, and order corrective action. That enforcement power was not previously spelled out in the health code.

The measure applies township-wide to any establishment where food or beverages are cooked, fried, baked, roasted, brewed, or otherwise prepared for sale. Under the new language, no owner or operator may "suffer, permit, create, or maintain persistent or recurring odors, smoke, grease-laden vapors, fumes, or similar emissions" that constitute a nuisance.

Every food establishment is covered.

Committeeman Ben Stoller said at the Tuesday, July 14 meeting that the standards would help ensure restaurants properly operate and maintain their equipment, according to TAPinto Millburn/Short Hills.

Millburn's zoning code already requires commercial-grade air filtration and odor-reduction devices for restaurants operating as conditional uses in the B-2B (Highway Business) and B-3 (Neighborhood Business) zones near residential properties. The new health-code ordinance extends enforcement authority beyond those zones to cover every food establishment in town.

If a Health Officer finds a violation, corrective measures can include cleaning, equipment repair, filter replacement, increased maintenance schedules, or installation of additional odor-control devices.

The ordinance supplements existing state and local regulations, including New Jersey's retail food establishment code (N.J.A.C. 8:24), the Uniform Construction Code, and the Uniform Fire Code.

Public hearing and how to participate

The public hearing and final vote are scheduled for Tuesday, August 11, at 7:00 p.m. at the Millburn Education Center, 434 Millburn Avenue. Residents can also join via Zoom (Webinar ID: 997 8768 7448, Passcode: 063284).

The full ordinance text is available on the township's document center.