Health Officer Recommends Revoking Maplewood Market Food License

Maplewood Health Officer Robert Roe recommended that the town revoke the food license for the troubled at 1835 Springfield Avenue at last night's Board of Health meeting.

Maplewood Market received numerous summons for health, fire and building code violations in 2010, was forced by court order to close late last year, and provoked heated discussion amongst town officials over whether or not to grant business owner Aiman Abujudeh of East Orange a food license for 2011.

Violations in 2010 included selling expired foods, thawed and refrozen meats, and food with grain moths and larvae present. Abujudeh continued to owe fines and miss court dates through January of this year.

However, a 2011 food license was granted after Abujudeh showed substantial compliance and with the caveat that the business be subjected to frequent inspections. Those inspections were stepped up to weekly intervals after several minor violations were found in February.

At the April 5 meeting, Roe testifed that he had visited the Maplewood Market weekly in March and found numerous violations — including outdated milk and improperly wrapped and labeled meats — culminating in a major infraction on March 31 when Roe discovered 39 "severely dented" cans of food for sale that had not been at the store the previous week.

"These are not your run-of-the-mill dented cans," said Roe, who brought several to show the Board — including one that was punctured and leaking.

Deputy Mayor Fred Profeta asked Roe if this seemed "to be evidence to the fact that someone is seeking out these cans. Is that your conclusion?"

Roe responded, "Yes, I think these were puchased from other stores."

Profeta reminded Roe that the authority rested with him to revoke the license. Roe said he would send a notice to the business owner revoking the license.

Board of Health Chair (and Vice Mayor) Kathleen Leventhal asked counsel Roger Desiderio if the fact that Roe had not actually issued an unsatisfactory rating to the business after his March 31 visit would prohibit license revocation. Desiderio said, "No," but said that Roe would "need to articulate clearly the reasons and the totality of the situaiton." Roe said that he had not issued an unsatisfactory rating because he had removed the harmful items from the store.

Trouble for Maplewood Market and Abujudeh started last fall when the due to a series of code violations including selling expired food, thawed and refrozen frozen goods and foods in improper packaging. The Market was also in violation of a number of fire and building codes. Fines had remained largely unpaid and the owner had failed to appear at at least one court date, according to Roe.

After the suspension, the owner had continued to sell food on at least five occasions and did not close his doors until the town in late December.

Abujudeh had appealed to the Board of Health for a 2011 food license at the Jan. 4 meeting, but the Board and fines at that time.

However, on Jan. 18, the Board of Health ultimately voted 3-2 to lift the suspension, contingent upon Abujudeh showing up for court hearings in both Maplewood and Newark (at Superior Court) on Thursday, Jan. 20. Abujudeh had rectified most of his code violations and paid outstanding fines. Abujudeh had also made appropriate application to the Maplewood Zoning Board of Adjustment for approval for his signage and for a deli case — something he had previously failed to do.

Still outstanding were the proper enclosure for garbage — and the need to clear his sidewalks of snow and ice.

Deputy Mayor Fred Profeta was in the dissenting minority in January, citing the fact that this was a matter of public safety. "I'm not swayed by issues of the dumpster or signage or court dates," said Profeta. "This is consistent with a long pattern of violations. We're told he's learned his lesson. Well, it doesn't cut it. We are the five guardians of public safety and I feel we have to stand up and say 'no.'"

After Roe's recommendation on April 5, Profeta had only this comment:

"Finally."