City of Beverly, MA Article II Milk Regulations

[Adopted 12-11-1942]

§ 400-2.1 Regulations.

A. No person, firm or corporation shall sell, deliver or have in his custody with intent so to do, milk from any cow unless said cow has, within a period of six months, passed without reaction a tuberculin test as established under the laws of the Commonwealth of Massachusetts or unless said cow is in a tuberculosis-free accredited herd tested under the plan as adopted by the United States Bureau of Animal Industry.[1] This regulation shall not apply to pasteurized milk or milk intended for pasteurization.

[1] Editor's Note: The Bureau of Animal Industry was abolished in 1953 and replaced by the Agricultural Research Service.

B. The sale or keeping or exposing for sale of natural cow's milk, skimmed milk or creams, unless the same are certified or pasteurized as hereinafter provided, is hereby prohibited in the City of Beverly.

C. No person, firm or corporation or servant, agent or employee thereof shall sell, offer or keep for sale or exchange or deliver, or have in his custody or possession, with intent to sell, exchange or deliver, any natural milk, skimmed milk or cream in the City of Beverly, unless said natural milk, skimmed milk or cream has been drawn exclusively from tuberculin-tested and accredited herds, and such milk, skimmed milk or creams, as aforesaid, shall conform to the regulations prescribed by a Medical Milk Commission in the manner required by MGL c. 180, §§ 20 to 25, inclusive, and amendments thereto, and such milk, skimmed milk or cream, as aforesaid, shall be certified by a Medical Milk Commission in a manner required by General Laws Chapter 180, and amendments thereto, and shall, when sold, offered, kept or exposed for sale, exchanged or delivered, contain not more than 5,000 bacteria per cubic centimeter.

D. All natural milk, skimmed milk or cream sold, offered, kept or exposed for sale, exchange or delivery in the City of Beverly not meeting the requirements contained within the provisions of Subsection C hereof, before being sold or offered or exposed or kept for sale, exchange, or delivery in the City of Beverly, shall be pasteurized and shall comply with the following requirements:

(1) It shall be natural cow's milk, pasteurized, but not more than 72 hours old when pasteurized.

(2) It shall have a bacteria content of not more than 400,000 per cubic centimeter before pasteurization.

(3) It shall be subjected, for a period of not less than 30 minutes, to a temperature of not less than 142° F., or such higher temperatures, for such time intervals as the State Department of Public Health may from time to time determine, and shall immediately thereafter be cooled to a temperature of 50° F. or lower.

E. All persons, firms, or corporations engaged in the sale, delivery or distribution of milk, skimmed milk or cream shall provide adequate facilities for the proper storage of said milk, skim milk or cream at a temperature not above 50° F.

F. No person shall sell, exchange, or deliver, or have in his custody or possession with intent so to do, milk, skimmed milk or cream with a bacterial content which exceeds the following figures as determined by the standard plate methods of the American Public Health Association in use at the time the examination is made:

(1) Raw milk intended for pasteurization: not more than 400,000 colonies per cubic centimeter.

(2) Pasteurized milk: not more than 40,000 colonies per cubic centimeter.

(3) Raw milk intended for pasteurization as Grade A milk: not more than 100,000 colonies per cubic centimeter.

(4) Grade A milk: not more than 10,000 colonies per cubic centimeter.

(5) Cream: not more than 100,000 colonies per cubic centimeter.

G. Every person in the production, storage, transportation, sale, delivery or distribution of milk for sale shall notify the Board of Health on the occurrence of any case or cases of communicable disease, either in himself or his family, among his employees or associates, or within the building or premises where milk is stored or handled, and shall at the same time suspend the sale or distribution of milk until authorized to resume the same by the Board of Health. No utensil which is used or has been used on the premises where a communicable disease exists shall be used to hold or convey milk until it has been sterilized in a manner satisfactory to the Board of Health or its representative.

H. All persons, firms, or corporations engaged in the sale, delivery or distribution of milk shall furnish annually to the Board of Health a list of names and locations of the dairy farms from which the milk so distributed or sold is obtained and shall notify the Board of Health before making any changes in their supply.

I. All dealers, except licensed storekeepers, engaged in the sale, processing, and distribution of milk and cream shall provide a separate room or rooms, well lighted, ventilated and properly screened, in a location approved by the Board of Health, in which the handling, bottling and storing of milk shall be carried on. All such milk rooms or plants shall have a smooth, tight floor with sewer connections if possible, and smooth, clean walls and ceiling. The entire room or rooms and all appliances shall be kept clean at all times and be used for the handling of milk only. All bottles, cans or other receptacles used for holding milk shall be sterilized insofar as practicable and shall be protected from contamination between the time of such sterilization and the time when they are filled. All bottles shall be filled at the place of production or processing of the milk and shall be capped with a machine capper.

J. No persons shall serve or allow to be served any milk to be consumed on the premises where served unless such milk is contained in individual sealed receptacles, each receptacle to be filled at the place of production or processing of the milk, and to contain only the quantity of milk intended for the use of the person served.

K. Milk or cream shall not be shipped from any dairy farm if there is a case of contagious or infectious disease thereon, or among the employees or families thereof, and the owner of such farm shall immediately report any such case to this Board of Health and to the dealer, and shipment not be resumed until authorized by the Board.

§ 400-2.2 Milk and cream regulations.

A. The sale or keeping or exposing for sale of natural cow's milk or goat's milk, skimmed milk or cream, unless the same is certified or pasteurized, as hereinafter provided, is hereby prohibited in the City of Beverly.

B. All milk, skimmed milk or cream sold, offered, kept or exposed for sale, exchange or delivery in the City of Beverly shall be pasteurized and shall comply with the following requirements.

C. It shall be natural cow's milk pasteurized but not more than 72 hours old when pasteurized, it shall have a bacteria content of no more than 400,000 per cubic centimeter before pasteurization; shall be subjected for a period of not less than 30 minutes to a temperature not less than 142° F., or such higher temperatures, for such time intervals, as the State Department of Public Health may from time to time determine, and shall immediately thereafter be cooled to a temperature of 50° F. or lower. All goat's milk shall be pasteurized to the satisfaction of the Board of Health.

D. All persons, firms, or corporations, engaged in the sale, delivery or distribution of milk, skimmed milk or cream shall provide adequate facilities for the proper storage of said milk, skim milk or cream at a temperature not above 50° F.

E. No person shall sell, exchange, or deliver, or have in his custody or possession, with intent so to do, milk, skimmed milk or cream with bacterial content which exceeds the standards set up by the Milk Regulations Board and the Massachusetts Department of Public Health as determined by the standard plate methods of the American Public Health Association in use at the time the examination is made.

F. Sale restrictions.

(1) All milk and milk products that have spilled, overflowed or leaked shall not be sold for human consumption.

(2) No milk offered for sale in the City of Beverly shall be pasteurized more than once.

(3) There shall not be sold, exchanged or delivered in the City of Beverly any milk, skimmed milk or cream in a bottle whose pouring lip is not protected from contamination by a covered cap or closure.

(4) Dealers in milk are prohibited from allowing any person not in their employ to loiter about the milk room or handle any vessel or utensil used in the production, sale or distribution of milk in this City.

(5) The use of tobacco is prohibited in any room where milk or cream is processed.

(6) No dogs or cats or other animals shall be permitted in or about the room or place in which the processing of milk is carried on.

(7) All vehicles used for the transportation of milk or milk products in their final delivery containers shall be constructed of permanent tops and sides.

(8) All such vehicles shall be kept clean.

G. Every person engaged in the production, storage, transportation, sale, delivery or distribution of milk for sale shall notify the Board of Health on the occurrence of any case or cases of communicable disease, either in himself or his family, or among his employees or associates, or within the building or premises where milk is stored or handled and shall at the same time suspend the sale or distribution of milk until authorized to resume the same by the Board of Health. No utensil which is used or has been used on the premises where a communicable disease exists shall be used to hold or convey milk until it has been sterilized in a manner satisfactory to the Board of Health or its representative.

H. All persons, firms, or corporations engaged in the sale, delivery, or distribution of milk shall furnish annually a list of names and locations of the dairy farms from which the milk so distributed or sold is obtained and shall notify the Board of Health before making any changes in their supply.

I. All dealers, except licensed storekeepers, engaged in the sale, processing, and distribution of milk and cream shall provide a separate room or room, well lighted, ventilated and properly screened, in a location approved by the Board of Health, in which the handling, bottling and storing of milk shall be carried on. All such milk rooms or plants shall have a smooth, tight floor with sewer connections if possible, and smooth clean walls and ceilings. The entire room or rooms and all appliances shall be kept clean at all times and be used for the handling of milk only. All bottles, cans or other receptacles used for holding milk shall be sterilized insofar as practicable and shall be protected from contamination between the time of such sterilization and the time when they are filled. All bottles shall be filled at the place of production or processing of the milk and shall be capped with a machine capper.

J. No persons shall serve or allow to be served any milk to be consumed on the premises where served unless such milk is contained in individual sealed receptacles, each receptacle to be filled at the place of production or processing of the milk, and to contain only the quantity of milk intended for the use of the person served.

K. Milk or cream shall not be shipped from any dairy farm if there is a case of contagious or infectious disease thereon, or among the employees or families thereof, and the owner of such farm shall immediately report any such case to this Board of Health and to the dealer, and shipment shall not be resumed until authorized by the Board.

L. Attention is called to provisions of MGL c. 94, §§ 12 to 48c, and to the rules and regulations of the State Milk Regulation Board.

M. Whoever violates any of the provisions of the foregoing regulations shall be punished by a fine of not more than $100 or such other fine or imprisonment, or both, as provided by the General Laws.

§ 400-2.3 Milk regulations.

[Adopted 3-21-1936]

A. The sale or keeping or exposing for sale natural cow's milk, unless the same is certified or pasteurized, as hereinafter provided, is hereby prohibited in the City of Beverly.

B. No person, firm or corporation or servant, agent or employee thereof shall sell, offer or keep for sale or exchange or deliver, or have in his custody or possession with intent to sell, exchange or deliver, any natural milk, skimmed milk or cream that has been drawn exclusively from tuberculin-tested and accredited or tested herds on the way to accreditation, and such milk, skim milk or cream, as aforesaid, shall conform to the regulations prescribed by a Medical Milk Commission in the manner required by General Laws Chapter 180 and amendments thereto, and shall, when sold, offered or kept for sale, or exchange or delivered, contain not more than 50,000 bacteria per cubic centimeter.

C. All natural milk, skimmed milk or cream sold, offered, kept or exposed for sale, exchange or delivery in the City of Beverly not meeting the requirements contained within the provisions of Subsection B hereof, before being sold or offered or exposed or kept for sale, exchange, or delivery in the City of Beverly, shall be pasteurized and shall comply with the following requirements:

(1) It shall be natural cow's milk, pasteurized, but not more than 72 hours old when pasteurized.

(2) It shall have a bacteria content of not more than 5,000 per cubic centimeters before pasteurization.

(3) It shall be subjected, for a period of not less than 30 minutes, to a temperature of not less than 142° F., or such higher temperatures, for such time intervals, as the State Department of Public Health may from time to time determine, and shall immediately thereafter be cooled to a temperature of 50° F. or lower.

D. No person, firm or corporation, or servant, agent, employee of any person, firm or corporation, shall sell, exchange, or deliver any natural milk or skimmed milk which contains more than 40,000 bacteria per cubic centimeter, or any natural milk, skimmed milk or cream which has a temperature higher than 50° F.

§ 400-2.4 Frozen dessert and ice cream regulations.

[Adopted 2-1-1954]

A. Ice cream scoops and spoons must be stored in receptacles through which passes continuous running water. This fixture must conform to the plumbing ordinances of the City of Beverly.

B. No person shall sell frozen desserts on any street or public place in the City of Beverly from any vehicle unless said product is properly protected from contamination.

C. Whoever violates any provisions of the regulations aforesaid shall be punished by a fine of not less than $15, not more than $100, or imprisonment for not more than six months as provided in MGL c. 94, § 65R.

D. The foregoing regulations shall become effective on March 1, 1954.