Borough of Mifflinburg, PA
Union County
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Table of Contents
Table of Contents

§ 16-1 Definitions.

[Ordinance 184, January 18, 1955, Section 1]
Except where the context clearly indicates otherwise, the terms used in this ordinance[1] shall have the meanings ascribed to them in the definitions as stated below:
MILK
Milk, skimmed milk, cream, cream mix, ice cream, sour milk, sour cream, buttermilk, and all other fluid derivatives of milk for human consumption, except condensed milk and evaporated milk.
MILK AND MILK PRODUCTS
Milk, skimmed milk, cream, sour milk, sour cream, buttermilk, chocolate milk, chocolate drinks made from skimmed or partially skimmed milk, ice cream, french ice cream, frozen custards, sherbets, ices, confections, cottage cheese and all other types of manufactured mixes which contain milk in any form, and which is cooled or frozen to make a form of ice cream.
PERSON
Includes masculine or feminine, and any firm, co-partnership, institution, association or corporation, and any agent, servant, assistant, employe or representative thereof.
TO SELL or SHALL SELL, FOR SALE, SOLD AND SIMILAR TERMS
The selling, exchanging, delivering or having in possession, care, control or custody with intent to sell, exchange, or deliver, or to offer or to expose for sale.
BACTERIAL COLONIES PER MILLILITER
Shall be those obtained according to the Standard Methods for the Bacteriological Examination of Milk as recommended by the American Public Health Association.
DAIRY FARM
Is a place or premises where one or more cows are kept and a part of or all of the of the milk from which is sold or delivered to any person.
MILK PLANT
Is any place or premises or establishment where milk is collected, processed, stored, bottled, pasteurized, or prepared for distribution.
APPROVED COLLECTOR
Is one who has proved to the satisfaction of the Mifflinburg Borough Council to be a person of good character, and qualified to carry out the duties of collecting samples of milk and milk products as prescribed by the Milk Control Board of District No. 4 and their officers. Said "approved collector" is to act as one of the agents of the Mifflinburg Borough Council in the capacity of having the authority to enter upon the property of a person or entity who possess a permit, or to request from that person or entity who possess the permit a sample of their milk or milk product to be conveyed to the proper testing laboratory.[2]
[1]
Editor's Note: Sections 1 to 21 of this chapter.
[2]
Editor's Note: Section 9 of this ordinance repealed all inconsistent ordinances and parts of ordinances.

§ 16-2 Permit Required.

[Ordinance 184, January 18, 1955, Section 2]
No person or legal entity shall sell, deliver or offer for sale milk or milk products in the Borough of Mifflinburg, Pennsylvania, without a permit issued by the Borough Council of the Borough of Mifflinburg, and then only in accordance with the terms of such permit and with regulations of the Borough of Mifflinburg as set forth in this ordinance.[1] Applications for permits to sell milk or milk products shall be made not later than June 15 of each year on forms furnished by the Borough of Mifflinburg. Permits shall be issued on or before July 1st of each year and shall be for the year ending June 30th.
This section shall not apply to a person or legal entity selling milk or milk products from a store when such milk or milk products are purchased from a person or legal entity already in lawful possession of a permit to sell milk or milk products, except where milk or milk products are sold by a person or legal entity within the Borough of Mifflinburg and that person or legal entity changes the phase of the milk or milk products, in which case both the supplier of the milk or milk product, if he delivers his product within the Borough, and the person who changes the phase of the product, shall be required to obtain permits. This section shall also not apply to person in charge of hotels, restaurants, soda fountains, boarding houses, or other places where milk is served, when such milk is to be consumed on the premises thereof and is purchased from one already in lawful possession of a permit to sell milk.
[1]
Editor's Note: Sections 1 to 21 of this chapter.

§ 16-3 Costs of Permits and to Whom Payable. [1]

[Ordinance 184, January 18, 1955, Section 3]
Each person or legal entity receiving a permit to sell milk or milk products within the Borough of Mifflinburg shall pay into the treasury of the Borough of Mifflinburg each year, or portion thereof, a fee of $15 for said permit. In the event that the milk or milk product does not meet the Borough standards as herein[2] described and it is necessary to make second collection and analysis of the sample, the person or legal entity holding the permit shall pay to the treasury of the Borough of Mifflinburg the costs involved in the testing and approval of said additional sample or samples.
[1]
Editor's Note: This heading and the headings of Sections 4 to 17 and 19 of this chapter are part of this ordinance as enacted.
[2]
Editor's Note: In Sections 4 to 17 of this chapter.

§ 16-4 Regulations Pertaining to Dairy Products.

[Ordinance 184, January 18, 1955, Section 4-A]
1. 
All fluid milk offered for retail or wholesale distribution after January 1, 1955, shall meet the following requirements:
(a) 
Pasteurized milk shall show evidence by the phosphomoesterase test of proper pasteurization.
(b) 
All milk shall not have any micro-organisms of the coliform group.
(c) 
All pasteurized, raw, homogenized milk and other fluid milks must be reasonably free of extraneous matter.
(d) 
The minimum butterfat shall be not less than 3.25% and total solids shall be not less than 12.00% for all fluid milks.
(e) 
Such milk shall not contain or show a plate count in excess of 50,000 bacterial colonies per milliliter when incubated for 48 hours at 35° C. by the standard plate count method as defined in the latest edition of Standard Methods for the Examination of Dairy Products by the American Public Health Association.
(f) 
No fluid milk may be offered for sale, either wholesale or retail, after 72 hours following pasteurization or, in the case of raw milk, 48 hours after milking, nor shall any pasteurized product undergo a second pasteurization prior to sale.

§ 16-5 Bulk Milk Dispensers.

[Ordinance 184, January 18, 1955, Section 4-B]
(a) 
All milk sold by bulk milk dispensers is subject to the provisions in Section 4-A.[1]
[1]
Editor's Note: Section 4 of this chapter.
(b) 
Bulk milk shall be dispensed only by the holder of the permit or his agent or employe.

§ 16-6 Fluid Cream for Retail Distribution.

[Ordinance 184, January 18, 1955, Section 4-C]
1. 
All fluid cream offered for retail distribution after January 1, 1955, shall be pasteurized.
(a) 
Bacterial standards as defined in Section 4-A[1] shall apply to all fluid cream for retail distribution.
[1]
Editor's Note: Section 4 of this chapter.

§ 16-7 Chocolate Milk and Chocolate Drinks Made from Skimmed or Partially Skimmed Milk.

[Ordinance 184, January 18, 1955, Section 4-D]
1. 
Such products must be properly pasteurized.
2. 
The bacterial colony count on such products must be not more than 50,000 per milliliter of sample by the standard plate count method.
3. 
Such products shall be free of organisms of the coliform group per milliliter of sample.
4. 
Such products must be labeled in conformity with regulations of the Pennsylvania Department of Agriculture.

§ 16-8 Ice Cream, French Ice Cream, Frozen Custard, Sherbets, Ices or Other Frozen Confections.

[Ordinance 184, January 18, 1955, Section 4-E, as amended by Ordinance 227, June 19, 1962]
(a) 
Shall meet at least the minimum requirements for composition weight and food solids as set forth by the Bureau of Foods and Chemistry, State Department of Agriculture, Commonwealth of Pennsylvania.
(b) 
The following maximum bacterial limits shall apply:
(1) 
Standard plate count not to exceed 50,000 bacterial colonies per gram.
(2) 
Milk products shall, in any series of five samples, have at least two samples that shall not contain more than one of the coliform group, and of the remaining three samples, at least two shall not contain more than 10 of the coliform group, in one gram portions.
(3) 
Fruit, nut, or other flavored ice creams, to which the flavoring is added after pasteurization, shall not have a coliform group count in excess of 20 per gram, in three out of five samples, in one gram portions.

§ 16-9 Cottage Cheese.

[Ordinance 184, January 18, 1955, Section 4-F]
Such products shall be made from pasteurized milk.

§ 16-10 Water Supply.

[Ordinance 184, January 18, 1955, Section 4-G]
The water supply of fluid milk and cream processing plants must be of low bacterial count and free from contamination, as determined by Standard Methods for Water Analysis of the American Public Health Association.

§ 16-11 Delivery to Communicable Disease Areas.

[Ordinance 184, January 18, 1955, Section 4-H]
Milk and milk products shall be delivered in single service containers only, to those residences where a communicable disease is known to exist.

§ 16-12 Containers.

[Ordinance 184, January 18, 1955, Section 4-I]
Fluid milk which is offered for sale in restaurants, hotels and other public eating places, excepting boarding houses, fraternities, and private clubs, shall be delivered to the ultimate consumer in the container in which it was delivered to such hotel, restaurant or other public eating place. Fluid milk and cream delivered to boarding houses, fraternities or private clubs in bulk containers shall be subject to the same bacteriological, chemical, and other quality controls as for bottled milk and cream. Milk and cream shall be delivered in bottles or approved paper containers unless otherwise stated in the permit to sell milk. No permit shall be required for hotels, restaurants, or boarding and fraternity houses to sell milk.

§ 16-13 Employe, Health of.

[Ordinance 184, January 18, 1955, Section 4-J]
No dealer holding a permit to distribute or sell milk, cream or milk products in the Borough of Mifflinburg shall have or keep in his employ any employe who is a typhoid fever carrier, or a carrier of other intestinal infections, or of diphtheria or who is suffering from active tuberculosis, or syphilis in its transmissible stage or who has any infectious disease or open chronic external lesion nor shall the proprietor himself or any member of his family or household suffering the same conditions as heretofore described have anything to do with the handling, preparation, serving or providing of milk, cream and milk products to the public.

§ 16-14 Spot Collection.

[Ordinance 184, January 18, 1955, Section 4-K, as amended by Ordinance 227, June 19, 1962]
1. 
Collection and examination of samples shall be done as frequently as deemed advisable by a designated representative of the Mifflinburg Borough Council.
2. 
One "spot check" sample of fluid market milk or milk products will be collected from each permittee by an agent of the Mifflinburg Borough Council once each month.
In case of resampling by the enforcement agency, due to nonconforming results, a duplicate sample is to be made available, at the point of sampling, for the manufacturer or processor, for his check testing.
The plant shall be notified by certified mail immediately in order to give an opportunity for corrective measures before the product is resampled. Resampling shall be done by the laboratory within 10 days following the nonconforming sample.
3. 
The cost of the first "spot check" on milk or milk products will be paid by the Mifflinburg Borough.
When it is deemed necessary after the first analysis to repeat the test, the entire cost of collection of sample, transportation and laboratory fee shall be paid by the person holding the permit.

§ 16-15 Milk Products.

[Ordinance 184, January 18, 1955, Section 4-L]
1. 
The Mifflinburg Borough Council is empowered to restrict or prohibit the sale of any dairy product when in the opinion of the Council such sale constitutes a menace to public health.
2. 
The manufacturer of milk or milk products shall not be restricted in the sale of a product on the basis of samples obtained from one particular retail outlet. If samples obtained from one retail outlet are found not in compliance with these regulations, samples will be obtained from another retail outlet to determine the condition of the product as it leaves the hands of that retail outlet and if the product is found in compliance, restriction or prohibitions shall apply to the retail outlet, rather than the manufacturer or processor.

§ 16-16 Retail and Wholesale Outlets to be Made Available.

[Ordinance 184, January 18, 1955, Section 4-M]
1. 
Manufacturers of dairy products shall make available to the Mifflinburg Borough Council a list of retail or wholesale outlets of where their products are on sale within the Borough.

§ 16-17 Plant Inspection.

[Ordinance 184, January 18, 1955, Section 4-N]
1. 
The plants of manufacturers may be inspected at the discretion of the Mifflinburg Borough Council at such times as unsatisfactory or potentially dangerous conditions as revealed by laboratory analyses indicate such need. Time and travel of the qualified inspector to be paid for by the manufacturer at the rate of $0.7 per mile for travel, and $20 per day, payable to the Borough of Mifflinburg.

§ 16-18 Authority to Take or Purchase Samples of Milk or Milk Products.

[Ordinance 184, January 18, 1955, Section 5]
Any member, officer or agent of the Mifflinburg Borough Council of Mifflinburg, Pennsylvania, is hereby authorized to take or purchase samples of milk or milk products which are offered for sale from any building, farm or vehicle for the purpose of inspecting, testing, or analyzing such milk and to perform such other duties as are required or authorized by this ordinance.[1] Such collections are usually performed by a duly appointed milk inspector or collector who acts for and on behalf of the Mifflinburg Borough Council.
[1]
Editor's Note: Sections 1 to 21 of this chapter.

§ 16-19 Enforcement.

[Ordinance 184, January 18, 1955, Section 6]
The Mifflinburg Borough Council is hereby charged with the enforcement of the provisions of this ordinance.[1] It is further authorized to make such rules and regulations from time to time as are necessary for the protection of the public health. Such rules and regulations when approved by the Mifflinburg Borough Council and Burgess, and when advertised in the same manner as ordinances, shall have the legal force of ordinances of the Borough of Mifflinburg.
[1]
Editor's Note: Sections 1 to 21 of this chapter.

§ 16-20 Penalty for Violation.

[Ordinance 184, January 18, 1955, Section 7, as amended by Ordinance 281, July 21, 1970, Section 1]
Any person or legal entity violating any provision of this ordinance,[1] upon conviction thereof, for a first offense, shall be sentenced to pay a fine of not less than $5 or more than $25 and costs of prosecution, and, in default of payment thereof, to imprisonment for one day for each dollar of fine imposed, and, for each subsequent offense, shall be sentenced to pay a fine of not more than $100 and costs of prosecution, and, in default of payment thereof, to imprisonment for not more than 30 days.
[1]
Editor's Note: Sections 1 to 21 of this chapter.

§ 16-21 Severability.

[Ordinance 184, January 18, 1955, Section 8]
If any part of this ordinance[1] shall be declared invalid, illegal or unconstitutional, the remaining provisions thereof shall remain in full force and effect.
[1]
Editor's Note: Sections 1 to 21 of this chapter.