STATE LAW REFERENCES
Dairy products — See N.J.S.A. 24:10-57.1 et
seq.
[Ord. No. 1034, §§ 2, 6]
(a)
General. Where not set out in this section, definitions shall be
as listed in the United States Public Health Service Pasteurized Milk
Ordinance, 2017.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
(b)
ADULTERATED MILK
CERTIFIED CREAM
CERTIFIED MILK
CERTIFIED SKIM MILK
MISBRANDED MILK
PASTEURIZATION or PASTEURIZED
For the purposes of this chapter, the following words and phrases
shall have the meanings respectively ascribed to them by this section:
Any milk or milk product to which water or any fat or oil
other than milk fat has been added or which contains any unwholesome
substance.
Cream produced from certified milk.
Milk produced in compliance with the laws of the state, including
the provisions of N.J.A.C. 8:21.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
Skim milk produced from certified milk.
Milk which fails to meet the standards defined in this chapter
for the product mentioned on the label.
The process of heating every particle of milk or milk product
to at least 143° F. and maintaining it at such temperature for
at least 30 minutes, or to at least 161° F. and maintaining it
at such temperature continuously for at least 15 seconds, in approved
and properly operated equipment. Nothing in this provision shall bar
any process which has been approved by the State Health Department
for pasteurizing milk or milk products.
[Ord. No. 1034, § 1; amended at time of adoption of Code (see
Ch. 1, General Provisions, Art. II)]
All regulations of the Department of Health of the state regarding milk and dairy products, as defined in Title 24, Chapter 10, Articles 1, 3, 4, 5, 6 and 11 of the Revised Statutes of New Jersey, shall be enforced in the Township, along with any subsequent supplements or amendments prescribed by the State Health Department. In case of conflict with this chapter, such state regulations shall take precedence.
[1]
Editor's Note: Former §§ 24-3 through 24-11
of the 1965 Code, derived from Ord. No. 1034, §§ 3
and 4, and Ord. No. 1438, §§ 1 and 2, were repealed
2-10-1987 by Ord. No. 3073, § 1, due to supersession by
state law and regulations.
[Ord. No. 1034, § 5]
(a)
All vehicles use in transporting milk and dairy products within the
Township shall be subject to inspection at any time by the Department
of Health. Vehicles are to be so constructed and operated as to provide
protection of their contents at all times from contamination, freezing
or overheating. The milk and dairy products shall be maintained at
a temperature of 50° F. or less.
(b)
All vehicles used for transporting milk or dairy products shall be
of a permanently closed type subject to approval by the Department
of Health.
[Ord. No. 1034, § 6]
All milk and dairy products which are handled in any manner
within the Township shall be subject to regulations of the Department
of Health. All milk, buttermilk and cream shall be acceptable under
one of the following designations and not otherwise:
[Ord. No. 1034, § 6]
Methods of examination for determining bacterial counts shall
be in conformance with "Standard Methods for the Examination of Dairy
Products" published by the American Public Health Association.
(a)
Pasteurized milk. Pasteurized milk shall have a bacterial plate count
not to exceed 30,000 per milliliter. The coliform count shall not
exceed 10 per milliliter.
(b)
Pasteurized cream. Pasteurized cream shall have a bacterial plate
count not to exceed 60,000 per milliliter and a coliform count not
in excess of 10 per milliliter.
[Ord. No. 1034, § 7]
(a)
All
containers for milk or dairy products shall be subject to approval
by the Department of Health. All liquid milk and dairy products shall
be delivered in individual sealed containers containing not more than
four quarts. No bulk containers or dispensers shall be permitted.
(b)
Milk
served in restaurants and other eating establishments shall be served
in original individual containers in which it was received from the
distributor.
(c)
Each
container shall be marked with the date on which the milk was pasteurized,
or with the phrase "Pasteurized during the twenty-four-hour period
ending 6:00 a.m." followed by the day of the week at the end of this
period. No pasteurized milk or cream shall be delivered, sold or offered
for sale prior to 12:01 a.m. on the day of the week appearing on the
label.
(d)
Each
container shall be marked with the name of the processor and the locality
of processing. Certified milk and certified skim milk or cream shall
be so labeled.
[Ord. No. 1034, § 8]
(a)
Samples
of milk or dairy products produced, processed or brought into the
Township shall be collected by a representative of the Department
of Health at such times as the Health Officer deems necessary for
testing. The usual retail price for such products may be collected
by the dealer if he so requests.
(b)
If as
a result of the bacteriological examination or other tests, the milk
or dairy product does not conform to the standards prescribed in this
chapter in more than one out of four successive samples, a notification
shall be sent to the person holding a permit issued by the Department
of Health under this chapter. Such notification shall call attention
to the violation and warn the person that further violation may cause
revocation of the milk and dairy product permit.
[Ord. No. 1034, § 9]
Each violation of any provision of this chapter shall constitute
a separate offense and each such violation shall be punishable by
a penalty of not less than $25 and not more than $100 dollars.
