[HISTORY: Adopted by the Board of Commissioners (now the
Council) of the City of Perth Amboy 12-16-53 as Ord.
No. C-490. Section 295-26 amended at time of adoption
of Code; see Ch. 1, General Provisions. Other amendments noted where
applicable.]
The following definitions shall apply in the interpretation
and the enforcement of this chapter:
Any milk or milk product to which water has been added or
which contains any unwholesome substance, or which, if defined in
this chapter, does not conform to its definition, shall be deemed
to be adulterated. Any milk or milk product which carries a grade
label, unless such grade label has been awarded or established by
the Health Officer and not revoked, or which fails to conform in any
other respect with the statement on the label, shall be deemed to
be misbranded.
Where such term is used, "and" shall apply where possible;
otherwise "or" shall apply.
The standard of three (3) out of four (4) samples taken on
separate days. Cooling temperature shall be fifty degrees Fahrenheit
(50° F.) at all times for both raw and pasteurized milk.
A fluid product resulting from the churning of milk or cream.
It shall contain not less than eight and twenty-five hundredths percent
(8.25%) milk solids-not-fat.
The City of Perth Amboy, New Jersey.
A fluid product, unsterilized and unsweetened, resulting
from the removal of a considerable portion of the water from milk.
When recombined with water in accordance with instructions printed
on the container, the resulting product conforms to the standards
for milk fat and solids-not-fat of milk as defined herein.
Includes homogenized concentrated milk, vitamin D concentrated
milk, concentrated skim milk, concentrated flavored milk, concentrated
flavored drink and similar concentrated products made from concentrated
milk or concentrated skim milk, as the case may be, and which, when
recombined with water in accordance with instructions printed on the
container, conform to the corresponding milk products as defined herein.
The soft uncured cheese prepared from the curd obtained by
adding harmless, lactic-acid producing bacteria, with or without enzymatic
action, to pasteurized skim milk or pasteurized reconstituted skim
milk. It shall contain no more than eighty percent (80%) moisture.
A portion of milk which contains not less than eighteen percent
(18%) milk fat.
The soft uncured cheese which is prepared by mixing cottage
cheese with pasteurized cream or with a pasteurized mixture of cream
and milk or skim milk and which shall contain not less than four percent
(4%) milk fat by weight and not more than eighty percent (80%) moisture.
A fluid product resulting from the souring or treatment,
by a lactic acid or other culture, of pasteurized skim milk and which
shall contain not less than eight and fifty-hundredths percent (8.50%)
milk solids-not-fat.
A fluid or semifluid product resulting from the souring or
treatment, by a lactic acid or other culture, of pasteurized milk
or pasteurized concentrated milk and which shall contain not less
than eight and fifty-hundredths percent (8.50%) milk solids-not-fat
and not less than three and thirty-hundredths percent (3.30%) milk
fat.
Any place or premises where one (1) or more cows are kept
and from which any of its milk or milk products are sold or offered
for sale.
The Director of Environmental Control of the City of Perth
Amboy.
The Division of Health of the City of Perth Amboy.
The Division of Health of the City of Perth Amboy.
Milk from which at least ninety-five percent (95%) of the
water has been removed.
A beverage or confection consisting of skim milk to which
has been added a syrup or flavor made from wholesome ingredients.
A beverage or confection consisting of milk to which has
been added a syrup or flavor made from wholesome ingredients.
The lacteal secretion, practically free from colostrum, obtained
by the complete milking of healthy goats. The word "milk" shall be
interpreted to include "goat milk."
A product consisting of a mixture of milk and cream which
contains not less than eleven and five-tenths percent (11.5%) milk
fat.
A Health Officer of the City of Perth Amboy or his authorized
representatives.
Heavy cream or heavy whipping cream which contains not less
than thirty-six percent (36%) milk fat.
The person to whom a license is issued under this chapter.
Milk which has been treated in such a manner as to ensure
breakup of the fat globules to such an extent that, after forty-eight
(48) hours of quiescent storage no visible cream separation occurs
on the milk, and the fat percentage of the top one hundred (100) milliliters
of milk in a quart bottle, or of proportionate volumes in containers
of other sizes, does not differ by more than ten percent (10%) of
itself from the fat percentage of the remaining milk as determined
after thorough mixing. Homogenization shall precede pasteurization.
The word "milk" shall be interpreted to include "homogenized milk."
Includes permit.
The person to whom a license is issued under this chapter.
Cream which contains less than thirty percent (30%) milk
fat.
Whipping cream which contains less than thirty-six percent
(36%) milk fat.
The lacteal secretion, practically free from colostrum, obtained
by the complete milking of one (1) or more healthy cows, which contains
not less than eleven and fifty-hundredths percent (11.50%) milk solids
nor more than eighty-eight and fifty-hundredths percent (88.50%) serum
solids and not less than three and thirty-hundredths percent (3.30%)
milk fat.
Any person who offers for sale or sells to another any milk
or milk products for human consumption as such.
The fat of milk.
Any person, other than a milk producer or a milk plant employee,
who transports milk and/or milk products to or from a milk plant or
a collecting point.
Any place, premises or establishment where milk or milk products
are collected, handled, processed, stored, pasteurized, bottled or
prepared for distribution, except an establishment where milk or milk
products are sold at retail only.
Any person who owns or controls one (1) or more cows, a part
or all of the milk or milk products from which is sold or offered
for sale.
Includes cream, sour cream, half and-half, whipped cream,
concentrated milk, concentrated milk products, skim milk, nonfat milk,
flavored milk, flavored drink, buttermilk, cultured buttermilk, cultured
milk, vitamin D milk, cottage cheese, creamed cottage cheese and any
other product made by the addition of any substance to milk or to
any of these milk products and used for similar purposes and designated
as a milk product by the Health Officer.
Nonfat milk from which at least ninety-five percent (95%)
of the water has been removed.
Nonfat, fat-free or defatted milk which is skim milk, containing
not more than one-tenth percent (0.1%) milk fat.
The process of heating every particle of milk or milk products
to at least one hundred forty-three degrees Fahrenheit (143° F.)
and holding it at such temperature continuously for at least thirty
(30) minutes, or to at least one hundred sixty-one degrees Fahrenheit
(161° F.) and holding it at such temperature continuously for
at least fifteen (15) seconds, in approved and properly operated equipment;
provided that nothing contained in this definition shall be construed
as barring any other process which may be demonstrated to be equally
efficient and which is approved by the state health authority.
See "pasteurization."
Any individual, partnership, corporation, company, firm,
trustee or association, and the masculine gender shall include the
feminine and neuter genders.
A dairy farm which sends milk or cream to a milk plant for
processing.
A milk producer who is also a milk distributor.
A product resulting from the recombining of milk constituents
with water and which complies with the standards for milk fat and
solids-not-fat of milk as defined herein. Reconstituted or recombined
cream is a product resulting from the combination of dried cream,
butter or butterfat with cream, milk, skim milk or water.
Milk from which a sufficient portion of milk fat has been
removed to reduce its milk fat content to less than 3.30%.
Includes concentrated skim milk and nonfat dry-milk solids.
Cream, the acidity of which is more than 0.20% expressed
as lactic acid.
Milk, the vitamin D content of which has been increased by
an approved method to at least 400 U.S.P. units per quart. When vitamin
D is added by direct irradiation or by incorporation of concentrate,
such addition shall precede pasteurization.
Cream to which a harmless gas has been added to cause whipping
of the product. It may also contain sugar or other harmless flavoring
and a harmless stabilizer.
Cream which contains not less than 30% milk fat.
A.
No person shall produce, sell, offer or expose for sale or have in
possession with intent to sell any milk or milk product within the
City of Perth Amboy which is adulterated, misbranded or ungraded.
It shall be unlawful for any person to have in possession in this
city, except in a private home, any adulterated, misbranded or ungraded
milk or milk product; provided, however, in an emergency the Director
may, with the approval of the state health authority, authorize the
sale of ungraded pasteurized milk or pasteurized milk products, in
which event such milk or milk products shall be labeled "ungraded."
B.
Any adulterated, misbranded and/or improperly labeled milk or milk
products may be impounded by the Health Officer and disposed of in
accordance with the law of this state.
[1]
Editor's Note: Former Section 1597-2011, License required;
fee, previously codified herein was repealed in its entirety 9-28-2011
by Ord. No. 1597-2011.
[Amended 5-13-1998 by Ord. No. 946-98]
Any person desiring to engage or continue in the business of
selling milk or milk products or conducting a dairy, milk plant or
otherwise dealing in milk or milk products in this city shall first
make a written application to the Division of Vital Statistics for
a license on a form approved by the Director for such purpose. Such
application shall include, in addition to such other information as
the Director may require, the name and address of the applicant, the
address of the place where it is proposed to carry on the business,
the name of each source of supply from whom the applicant receives
or expects to receive milk or milk products for sale and the approximate
amounts of such products supplied or to be supplied by each such source.
The Director shall refuse to issue a license where the applicant:
A.
Repeatedly and persistently violates the provisions of this chapter;
B.
Fails to comply with the lawful requirements and demands of the Director
as authorized herein;
C.
Operates his place of business and equipment in such an unclean and
insanitary condition as to be detrimental to the public health;
D.
Fails to comply with the rules and regulations of the State Department
of Health and the laws of the State of New Jersey respecting milk
and milk products; provided, however, when objectionable and insanitary
conditions are corrected to the satisfaction of the Director, he may
reconsider a new application for a license.
A.
A license issued under this chapter may be temporarily suspended
by the Director for violation by the licensee of any of the terms
or provisions of this chapter or interference with the Health Officer
in the performance of his duty.
B.
A license issued hereunder may be revoked for a violation of this
chapter, after an opportunity for hearing by the Director. The licensee
shall be given five days' notice in writing of hearing for revocation.
Said notice may be addressed and mailed in the regular mail to the
licensee at the address stated in licensee's application for
license.
C.
The Director is authorized to revoke a license for repeated violations
of this chapter, after hearing as provided herein.
A.
Any person whose license has been suspended may make application
at any time for reinstatement of said license.
B.
A suspended license shall be reinstated upon satisfactory proof to
the Director of compliance with the terms and provisions of this chapter;
provided, however, the Director shall not be required to reinstate
a suspended license for repeated violations of this chapter, after
hearing as provided herein.
A license issued hereunder shall be placed and at all times
displayed in a conspicuous place where milk or milk products are kept
for sale or distribution; provided, however, when such sale or distribution
is made from a motor vehicle or other vehicle, such vehicle shall
have displayed on each side thereof a metal tag or plate furnished
by the Division of Health, for which the licensee shall pay the Division
a reasonable charge as may be fixed by the Director to cover the cost
of such tags or plates. In lieu of such tags or plates, the Director
may approve painted lettering on such vehicles similar in size and
design to metal tags or plates issued by the Division.
An application in writing shall be made to the Director for
a new license at least ten (10) days prior to the sale, change in
management or removal from one place to another of the business of
producing or processing milk or milk products for sale or distribution
in this city.
The Director may order a licensee to immediately exclude from
the city for a specific period of time the milk or milk products of
a dairy or milk plant for the failure or refusal of such dairy or
milk plant to comply with any of the provisions of this chapter, and
the Director may suspend and, after hearing as provided herein, revoke
the license of any licensee for the refusal or failure to comply with
such order.
No licensee shall change or add any dairy or milk plant to his
source of supply of milk or milk products for sale, distribution or
delivery in this city, under any circumstances, without having first
obtained written permission to do so from the Director.
Milk or milk products which are in the possession of or handled,
kept or offered for sale by a dealer in milk or milk products shall
be deemed to be handled, kept or offered for sale with the intent
to be sold or distributed as food for human consumption.
A.
All bottles, cans, packages and any and all other containers enclosing
milk or any milk product defined in this chapter shall be plainly
labeled or marked with:
(1)
The name of the contents as given in the definitions in this chapter;
(2)
The grade of the contents;
(3)
The word "pasteurized" only if the contents have been pasteurized,
and the tags, caps or labels shall be marked with the location of
the pasteurizing plant and the name of the proprietor of the business
which is conducted at the said pasteurizing plant. The tags, caps
or labels of the containers shall also be marked with the day on which
the milk was pasteurized or the words "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 sold or offered
for sale prior to 12:01 a.m. on the day of the week appearing on the
tag, cap or label thereof;
(4)
The word "raw" only if the contents are raw and the date of its production;
(5)
The phrase "for pasteurization" if the contents are to be pasteurized;
(6)
The name of the producer if the contents are raw;
(7)
In the case of vitamin D milk or milk products, the designation "Vitamin
D," the source of vitamin D and the number of U.S.P. units per quart;
(8)
In the case of concentrated milk or milk products, the volume or
proportion of water to be added for recombining;
(9)
The words "skim milk solids added" and the percentage added if such
solids have been added, except that this requirement shall not apply
to reconstituted or recombined milk or milk products;
provided, however, that only the identity of the producer dairy
shall be required on cans delivered to a milk plant which receives
only one (1) grade of milk for pasteurization and which immediately
dumps, washes and returns the cans to the producer dairy.
B.
The label or mark shall be in letters of an approved size, kind and
color and shall contain no marks or words which are misleading.
C.
Homogenized milk or homogenized cream shall not be mixed with milk,
skim milk or cream which has not been homogenized unless the product
is labeled "homogenized" and conforms to the standards provided in
this chapter.
A.
Prior to the issuance of a license and at least once every six (6)
months thereafter, the Health Officer shall inspect all dairy farms
and all milk plants whose milk or milk products are intended for consumption
within this city. In the event the Health Officer discovers any violation
of this chapter, he shall make a second inspection after a lapse of
such time as he deems reasonably necessary for compliance with the
requirements of this chapter, but not before the lapse of three (3)
days. The results of the second inspection shall be used in determining
compliance with this chapter. Noncompliance with this chapter after
the second inspection shall require immediate suspension of the license.
B.
The Health Officer shall post one (1) copy of his inspection report
in a conspicuous place upon an inside wall of one of the dairy farm
or milk plant buildings. Said report shall not be defaced or removed
by any person except by or on the authority of the Health Officer.
A copy of said inspection report shall be filed with the Division
of Health.
C.
Every milk producer and distributor shall, upon the request of the
Health Officer, permit him access to all parts of the establishment,
and every distributor shall furnish the Health Officer, upon his request,
for official use only, a true statement of the actual quantities of
milk and milk products of each grade purchased and sold, together
with a list of all sources of supply, records of inspection and tests
and pasteurization time and temperature records.
A.
Milk and milk products from points beyond the limits of routine inspection
of the Division of Health shall not be distributed, offered for sale
or sold in this city unless produced and processed under provisions
and requirements substantially equivalent to the provisions and requirements
of this chapter; provided, however, the Director may, in his discretion,
accept a certificate from the regulating authority having jurisdiction
over the said production and processing, certifying a substantial
compliance with the terms and provisions of this chapter.
B.
The Health Officer may personally inspect the dairy farm or plant
located beyond the limits of routine inspection of the Division of
Health to determine whether or not the production and processing of
said milk and milk products is in conformity with the requirements
of this chapter.
C.
Each producer dairy, producer-distributor, milk plant and milk distributor
shall pay to the Division of Health the sum of ten dollars ($10) annually,
in addition to the license fee of two dollars ($2) hereinbefore provided,
to help defray the expense of the aforesaid beyond-limits personal
inspection and tests.
A.
During each six-month period at least four (4) samples of milk and
cream from each dairy farm and at least four (4) samples of milk,
cream and homogenized milk from each milk plant shall be taken on
separate days and examined by the Health Officer; provided that in
the case of raw milk for pasteurization, the Health Officer may accept
the test results of reputable laboratories which he has investigated
periodically and approved. Samples of other milk products shall be
taken and examined by the Health Officer at least once during each
six-month period. Samples of milk and milk products may be taken at
any time prior to their final delivery. Samples of milk and milk products
from stores, cafes, soda fountains, restaurants and other places where
milk or milk products are sold shall be examined as often as the Health
Officer may deem necessary, and all proprietors of such places shall
furnish the Health Officer, upon his request, with the names of all
distributors from whom their milk and milk products are obtained.
Bacterial plate counts, direct microscopic counts, coliform determinations,
phosphatase tests, efficiency of bactericidal treatment and other
laboratory and screening tests shall conform to the procedures in
the latest edition of Standard Methods for the Examination of Dairy
Products, recommended by the American Public Health Association, current
at the time of adoption of this chapter. Examinations may include
such other chemical and physical tests for the detection of adulteration
as the Health Officer may determine necessary. Bioassays of the vitamin
D content of vitamin D milk and milk products shall be made when required
by the Health Officer in a laboratory approved by the Director for
such examinations.
B.
Whenever the average bacterial count or the average cooling temperature
of the last three (3) consecutive samples taken on separate days is
beyond the limit for the grade then held, the Health Officer shall
send written notice thereof to the person concerned and shall take
an additional sample, but not before the lapse of three (3) days,
for the purpose of determining a new average. Violation of the grade
requirements by the new average or by any subsequent average during
the remainder of the current three-month period shall warrant immediate
suspension of license or other appropriate action unless the last
individual result is within the grade limit.
C.
Whenever more than one (1) of the last three (3) consecutive coliform
counts of samples taken on separate days is beyond the limit for the
grade then held, the Health Officer shall send written notice thereof
to the person concerned. He shall then take an additional sample,
but not before the lapse of three (3) days. Immediate suspension of
license or other appropriate action shall be taken when the grade
limit is again violated during the remainder of the current six-month
period by more than one (1) of the last four (4) consecutive samples,
unless the last individual result is within the grade limit.
D.
In case of violation of the phosphatase test requirement, the probable
cause shall be determined and corrected before milk or milk products
from the plant concerned again can be sold as pasteurized milk or
milk products.
It shall be unlawful for any person to produce, sell, offer
or expose for sale, deliver or have in possession with intent to sell
to the final consumer in this city, any milk or milk products other
than Grade A certified raw and pasteurized milk, Grade A and Grade
B pasteurized milk and milk products processed, produced or made therefrom,
as defined in this chapter; provided, however, in an emergency the
Director may, with the approval of the state health authority, authorize
the sale of ungraded pasteurized milk or milk products, in which event
such milk or milk products shall be labeled accordingly.
Grades shall be based on the following standards, the grading
of milk products being identical with the grading of milk, except
that the bacterial-count standards shall be doubled in the case of
cream and half-and-half and shall be omitted in the case of sour cream,
buttermilk, cultured buttermilk, cultured milk, cottage cheese and
creamed cottage cheese. Vitamin D milk shall be only of Grade A pasteurized,
Grade B pasteurized or certified pasteurized quality. The grade of
a milk product shall be that of the lowest grade of milk or milk product
used in its preparation.
A.
Certified raw milk is raw milk which conforms to the latest requirements
of the American Association of Medical Milk Commissions in force at
the time of the adoption of this chapter and which is produced in
accordance with the requirements of the law of this state and the
provisions of this chapter.
B.
Grade A certified raw milk is raw milk from producer dairies having
a bacterial plate count or direct microscopic clump count of the milk
as delivered from the producer not exceeding one hundred fifty thousand
(150,000) per milliliter.
C.
Grade B raw milk for pasteurization shall not exceed three hundred
thousand (300,000) per milliliter by bacterial plate count or direct
microscopic examination; B pasteurized, thirty thousand (30,000).
D.
Certified pasteurized milk is certified raw milk which has been pasteurized,
cooled and bottled in a milk plant which conforms to the latest requirements
of the American Association of Medical Milk Commissions in force at
the time of the adoption of this chapter and which is produced in
accordance with the requirements of the law of this state and the
provisions of this chapter.
E.
Grade A pasteurized milk is Grade A raw milk which has been pasteurized,
cooled and placed in the final container in a milk plant which conforms
to the items of sanitation described below. In all cases the milk
shall show efficient pasteurization as evidenced by satisfactory phosphatase
test, and at no time after pasteurization and before delivery shall
the milk have a bacterial plate count exceeding fifteen thousand (15,000)
per milliliter or a coliform count exceeding two (2) per milliliter
as determined in accordance with this chapter provided that the raw
milk at no time between dumping and pasteurization shall have a bacterial
plate count or direct microscopic clump count exceeding one hundred
fifty thousand (150,000) per milliliter.
F.
Grade B pasteurized milk is pasteurized milk having a bacterial plate
count at time of delivery not exceeding thirty thousand (30,000) per
milliliter and having a coliform count not exceeding two (2) per milliliter.
A.
Cows, health.
(1)
All milk for pasteurization shall be from herds which are located
in a modified accredited tuberculosis-free area, as determined by
the Bureau of Animal Industry, United States Department of Agriculture,
and which have been tested for tuberculosis not more than two (2)
years prior to the adoption of this chapter and tested at least once
every year thereafter; provided that herds located in an area that
fails to maintain such accredited status or which have an incidence
of bovine tuberculosis in excess of two-tenths percent (0.2%) shall
have been accredited by said Bureau of Animal Industry as tuberculosis-free
or shall have passed an annual tuberculin test. All additions to such
herds shall be free from tuberculosis. Said tests and retests shall
be made and any reactors disposed of in accordance with the latest
requirements approved by the Bureau of Animal Industry, United States
Department of Agriculture, for tuberculosis-free accredited herds,
in effect at the time of the adoption of this chapter. A certificate
identifying each animal, signed by the veterinarian or attested to
by the Health Officer and filed as directed by the Health Officer,
shall be evidence of the above test.
(2)
Within one (1) year after the adoption of this chapter, all milk
and milk products for pasteurization shall be from herds certified
by the State of New Jersey as following either Plan A or Plan B approved
by the Bureau of Animal Industry for the eradication of brucellosis.
Evidence of this certification shall be filed as directed by the Health
Officer. All additions to the herd shall be brucellosis-free. Tests
and retests shall be made and any reactors disposed of in accordance
with the latest requirements approved by the Bureau of Animal Industry,
United States Department of Agriculture, in effect at the time of
the adoption of this chapter. A certificate identifying each animal,
signed by the veterinarian and the director of the laboratory making
the test and filed as directed by the Health Officer, shall be evidence
of the above test.
(3)
Cows which show a complete induration of one (1) quarter or extensive
induration in one (1) or more quarters of the udder upon physical
examination, whether secreting abnormal milk or not, shall be permanently
excluded from the milking herd, provided that this shall not apply
in the case of a quarter that is completely dry. Cows giving bloody,
stringy or otherwise abnormal milk, but without entire or extensive
induration of the udder, shall be excluded from the herd until reexamination
shows that the milk has become normal.
(4)
For other diseases, such tests and examinations as the Health Officer
may require after consultation with state livestock sanitary officials
shall be made at intervals and by methods prescribed by him, and any
diseased animals or reactors shall be disposed of as he may require.
B.
Milking barns: lighting and ventilation. A milking barn or stable
shall be provided with adequate and properly distributed lighting
for both day and night milking, and such sections thereof where cows
are kept and milked shall be well ventilated and so arranged as to
avoid overcrowding.
C.
Milking barns: floors, walls and ceilings; animals. The floors and
gutters of the barn or stable in which cows are milked shall be constructed
of concrete or other approved impervious or easily cleaned material,
graded so as to drain properly. The interior walls and ceilings thereof
shall be whitewashed or painted as often as may be necessary or finished
in an approved manner. The entire premises shall at all times be kept
clean and in good repair. No swine or fowl shall be permitted in the
milking barn or stable.
D.
Cow yard. The cow yard shall be graded and drained as well as is
practicable and shall be so kept that there are no standing pools
of water nor accumulations of organic wastes. In loafing and/or cattle-housing
areas, manure droppings shall be removed and clean bedding added at
sufficiently frequent intervals to prevent the accumulation of manure
on cows udders and flanks. Swine shall be kept out.
E.
Manure disposal. All manure shall be removed once every twenty-four
(24) hours and disposed of in such a manner as best prevents the breeding
of flies and access of cows to the manure pile.
F.
Milk house or room: construction and equipment. There shall be provided
a milk house or milk room for the cooling, handling and storing of
milk and milk products and for the washing, bactericidal treatment
and storing of milk containers and utensils.
(1)
The milk house or room shall be provided with a smooth floor constructed
of concrete or other impervious material, maintained in good repair
and graded to provide proper drainage.
(2)
It shall have walls and ceilings of such construction as to permit
easy cleaning and shall be well painted or finished in an approved
manner.
(3)
It shall be well lighted and well ventilated.
(4)
It shall have all openings effectively screened, including outward-opening
self-closing doors, unless other effective means are provided to prevent
the entrance of flies.
(5)
It shall be used for no purposes other than those specified above,
except as may be approved by the Health Officer; it shall not open
directly into a milking barn or stable nor into any room used for
domestic purposes; it shall be provided with adequate facilities for
heating water to clean utensils; and it shall be equipped with two-compartment,
stationary, wash and rinse vats.
The cleaning and other operations shall be located and conducted
so as to prevent any contamination of the milk or of cleaned equipment.
G.
Milk house or room: cleanliness and flies. The floors, walls, ceilings
and equipment of the milk house or room shall be kept clean at all
times. All necessary means for the elimination of flies shall be used.
H.
Toilet. Every dairy farm shall be provided with one (1) or more sanitary
toilets, conveniently located and properly constructed, operated and
maintained so that the waste is inaccessible to flies and does not
pollute the surface soil nor contaminate any water supply.
I.
Water supply. Water for all dairy purposes shall be from a supply
properly located, protected and operated and shall be easily accessible,
adequate and of a safe, sanitary quality.
J.
Utensils: construction. All multiuse containers, equipment and other
utensils used in the handling, storage or transportation of milk or
milk products shall be made of smooth, nonabsorbent, noncorrodible,
nontoxic material with the joints and seams welded or soldered flush.
When milk is strained, only single-service strainer pads shall be
used. All milk pails obtained hereafter shall be of the seamless,
hooded type. All single-service articles used shall have been manufactured,
packaged, transported and handled in a sanitary manner.
K.
Utensils: cleaning, bactericidal treatment, storage and handling.
Containers and other utensils shall be:
(1)
Thoroughly cleaned after each usage.
(2)
Subjected to an effective, approved bactericidal process utilizing
steam, hot water, chemicals or hot air.
(3)
Stored so as to drain dry and not to become contaminated before being
used, unless stored in a bactericidal solution.
(4)
Stored on rust-free racks after bactericidal treatment.
L.
Milking: udders and teats; abnormal milk. Milking shall be done in
the milking barn or stable. The udders and teats of all milking cows
shall be clean and wiped with an approved bactericidal solution at
the time of milking. Abnormal milk shall be kept out of the milk supply
and shall be so handled and disposed of as to preclude the infection
of the cows and the contamination of milk utensils.
M.
Milking: flanks. The flanks, bellies and tails of all milking cows
shall be free from visible dirt at the time of milking. All cleansing
shall be complete before milking begins.
N.
Milkers' hands. Milkers' hands shall be washed clean, rinsed
with an effective bactericidal solution and dried with a clean towel
immediately before milking and immediately after any interruption
in the milking operation. Wet-hands milking is prohibited. Convenient
facilities shall be provided for the washing of milkers' hands.
No person with an infected cut or lesion on hands or arms shall milk
cows or handle milk or milk utensils.
O.
Clean clothing. Milkers and milk handlers shall wear clean outer
garments while milking or handling milk, milk products, containers,
utensils or equipment.
P.
Milk stools. Milk stools and surcingles shall be kept clean.
Q.
Removal of milk. Each pail or can of milk shall be removed immediately
to the milk house or straining room. No milk shall be strained or
poured in the barn unless it is protected from flies and other contamination.
R.
Cooling. Milk for pasteurization, unless delivered to a milk plant
or receiving station within two (2) hours after completion of milking,
shall be cooled immediately to fifty degrees Fahrenheit (50○ F.) or less and shall be maintained at that temperature
as determined in accordance with this chapter until delivered.
S.
Vehicles and surroundings. All vehicles used for the transportation
of milk or milk products shall be constructed and operated so as to
protect their contents from the sun, from freezing and from contamination.
The immediate surroundings of the dairy shall be kept in a clean,
neat and sanitary condition at all times.
A.
Floors, walls, ceilings. The floors of all rooms in which milk or
milk products are handled or stored or in which milk utensils are
washed shall be constructed of concrete or other approved impervious
or easily cleaned material, graded so as to drain properly. The interior
walls and ceilings thereof shall be whitewashed or painted as often
as may be necessary or finished in an approved manner. The entire
premises shall at all times be kept clean and in good repair.
B.
Doors and windows. All openings to the outer air shall be effectively
screened and all doors self-closing unless other approved effective
means are provided to prevent access of flies.
C.
Lighting and ventilation. All rooms shall be well lighted and well
ventilated.
D.
Miscellaneous protection from contamination. The various milk plant
operations shall be located and conducted so as to prevent any contamination
of the milk or of cleaned equipment. All necessary means shall be
used for the elimination of flies, other insects and rodents. There
shall be separate rooms for:
(1)
The pasteurizing, processing, cooling and bottling operations.
(2)
The washing and bactericidal treatment of containers.
Cans of raw milk shall not be unloaded directly into the pasteurizing
room. Rooms in which milk, milk products, cleaned utensils or containers
are handled or stored shall not open directly into any stable or living
quarters. The pasteurization plant, milk containers, utensils and
equipment shall be used for no purposes other than the processing
of milk and milk products and the operations incident thereto, except
as may be approved by the Health Officer.
E.
Toilet facilities. Every milk plant shall be provided with toilet
facilities conforming with the ordinances of the City of Perth Amboy.[1] Toilet rooms shall not open directly into any room in
which milk, milk products, equipment or containers are handled or
stored. The doors of all toilet rooms shall be self-closing. Toilet
rooms shall be kept in a clean condition, in good repair and well
ventilated. A placard or sign directing employees to wash their hands
before returning to work shall be posted in all toilet rooms used
by employees. Where privies or earth closets are permitted and used,
they shall be separate from the building and shall be of a sanitary
type, located, constructed and operated in conformity with the requirements
of this chapter.
[1]
Editor's Note: See Ch. 326, Plumbing, §§ 326-70
and 326-73.
F.
Water supply. Water supply sample results shall be available once
every six (6) months and done by a laboratory approved by the New
Jersey State Department of Health and shall be sent to the Health
Officer.
G.
Hand-washing facilities. Convenient hand-washing facilities shall
be provided, including hot and cold running water, soap and approved
sanitary towels. Hand-washing facilities shall be kept clean. The
use of a common towel is prohibited. No employee shall resume work
after using the toilet room without having washed his hands.
H.
Sanitary piping. All piping used to conduct milk or milk products
shall be sanitary milk piping of a type which can be easily cleaned.
Pasteurized milk and milk products shall be conducted from one piece
of equipment to another only through sanitary milk piping. In-place
cleaning shall be accepted when approved by the American Public Health
Association and International Association of Milk and Food Inspectors.
I.
Construction and repair of containers and equipment. All multiuse
containers and equipment with which milk or milk products come into
contact shall be of smooth, impervious, noncorrodible, nontoxic material
and shall be so constructed and so located as to be easily cleaned
and shall be kept in good repair. All single-service containers, closures,
gaskets and other articles used shall have been manufactured, packaged,
transported and handled in a sanitary manner.
J.
Disposal of wastes. All wastes shall be properly disposed of. All
plumbing and equipment shall be so designed and so installed as to
prevent contamination of milk equipment be backflow.
K.
Cleaning and bactericidal treatment of containers and equipment.
All milk and milk product containers and equipment, except single-service
containers, shall be thoroughly cleaned after each usage. All such
containers shall be subjected effectively to an approved bactericidal
process after each cleaning and all equipment immediately before each
usage. When empty and before being returned to a producer by a milk
plant, each container shall be thoroughly cleaned and subjected to
an effective, approved bactericidal process.
L.
Storage of containers and equipment. After bactericidal treatment,
all bottles, cans and other multiuse milk or milk product containers
and equipment shall be transported and stored in such manner as to
be protected from contamination.
M.
Handling of containers and equipment. Between bactericidal treatment
and usage and during usage, containers and equipment shall not be
handled or operated-in such a manner as to permit contamination of
the milk. Pasteurized milk or milk products shall not be permitted
to come into contact with equipment with which unpasteurized milk
or milk products have been in contact unless the equipment has first
been thoroughly cleaned and effectively subjected to an approved bactericidal
process. No milk or milk products shall be permitted to come into
contact with equipment with which ungraded or a lower grade of milk
or milk products have been in contact unless the equipment has first
been thoroughly cleaned and effectively subjected to an approved bactericidal
process.
N.
Storage of caps, parchment paper and single-service containers. Milk
bottle caps or cap stock, parchment paper for milk cans, single-service
containers and gaskets shall be purchased and stored only in sanitary
tubes, wrappings or cartons and shall be kept therein in a clean,
dry place until used and shall be handled it a sanitary manner.
O.
Pasteurization. Pasteurization shall be performed in the manner prescribed
in this chapter.
P.
Cooling. All milk and milk products received for pasteurization shall
be cooled immediately in approved equipment to fifty degrees Fahrenheit
(50° F.) or less and shall be maintained at that temperature until
pasteurized, unless they are to be pasteurized within two (2) hours
after receipt, and all pasteurized milk and milk products, except
those to be cultured, shall be cooled immediately in approved equipment
to a temperature of fifty degrees Fahrenheit (50° F.) or less
and shall be maintained thereat until delivery, as hereinbefore provided
in this chapter.
Q.
Bottling and packaging. Bottling and packaging of milk and milk products
shall be done at the place of pasteurization in approved mechanical
equipment.
R.
Overflow milk. Overflow milk or milk products shall not be sold for
human consumption.
S.
Capping. Capping of milk and milk products shall be done in a sanitary
manner by approved mechanical equipment. Handicapping is prohibited.
The cap or cover shall protect the pouring lip to at least its largest
diameter.
T.
Personnel health.
(1)
The Health Officer shall have examined each person connected with
a pasteurization plant or about to be employed by one whose work will
bring him into contact with the processing, handling, storage or transportation
of milk, milk products, containers or equipment. If such examination
or history should suggest that such person may be a carrier of or
infected with the organisms of typhoid or paratyphoid fever or any
other communicable disease likely to be transmitted through milk,
the Health Officer shall secure appropriate specimens of body discharges
and cause them to be examined in a laboratory approved by him or by
the state health authorities for such examinations, and if the results
justify, such person shall be barred from such employment.
(2)
Such persons shall furnish such information, submit to such physical
examinations and submit such laboratory specimens as the Health Officer
may require for the purpose of determining freedom from infection.
(3)
No person with an infected cut or lesion on hands or arms shall handle
milk, milk products, milk containers or milk equipment.
U.
Personnel cleanliness. All persons who come into contact with milk,
milk products, containers or equipment shall wear clean outer garments
and shall keep their hands clean at all times while engaged in such
work.
V.
Vehicles.
(1)
Closed trucks used for the transportation of milk or milk products
shall be constructed and operated so as to protect their contents
from the sun, from freezing and from contamination. Closed trucks
used for the distribution of milk or milk products shall have the
name of the distributor prominently displayed thereon.
(2)
Milk tank cars and tank trucks shall comply with the construction,
cleaning, bactericidal treatment, storage and handling requirements
as hereinbefore provided. While containing milk, cream or milk products,
they shall be sealed and labeled in an approved manner. For each tank
shipment, a bill of lading containing all necessary information shall
be prepared in triplicate and shall be kept on file by the shipper,
the consignee and the carrier for a period of six (6) months for the
information of the Health Officer.
A.
No person who is affected with any communicable disease or is a carrier
of such disease shall work at any dairy farm or milk plant in any
capacity which brings him in contact with the production, handling,
storage or transportation of milk, milk products, containers or equipment;
and no dairy farm or milk plant shall employ in any such capacity
any such person or any person suspected of being affected with any
communicable disease or a carrier thereof. Any producer or distributor
of milk or milk products upon whose dairy farm or in whose milk plant
any communicable disease is discovered or who suspects that any employee
has contracted any such disease or is a carrier thereof shall notify
the Health Officer immediately. A placard containing this section
shall be posted in all toilet rooms of dairy farms and milk plants.
B.
When suspicion arises as to the possibility of transmission of infection
from any person concerned with the handling of milk or milk products,
the Health Officer is authorized to require:
A.
No milk producer or distributor shall transfer milk or milk products
from one container to another on the street or in any vehicle or store
or in any place except a bottling or milk room especially used for
that purpose. The sale of dip milk is hereby prohibited.
B.
Milk and fluid milk products sold in the distributor's containers
in quantities less than one (1) gallon shall be delivered in standard
milk bottles or in single-service containers. It shall be unlawful
for hotels, soda fountains, restaurants, groceries and similar establishments
to sell or serve any milk or fluid milk product except in the original
container in which it was received from the distributor or from a
bulk container equipped with an approved dispensing device; provided
that this requirement shall not apply to cream, whipped cream or half-and-half
which is consumed on the premises and which may be served from the
original bottle or from a dispenser approved for such service, nor
to milk served at hospitals and institutions, which may be served
from one-quart containers packaged at a milk plant, nor to mixed milk
drinks requiring less than one-half (1/2) pint of milk, which may
be poured from one-quart or two-quart containers packaged at a milk
plant.
C.
It shall be unlawful for any hotel, soda fountain, restaurant, grocery,
hospital or similar establishment to sell, serve, furnish or dispense
any milk or milk products which have not been maintained, while in
its possession, at a temperature of fifty degrees Fahrenheit (50°
F.) or less and held in its possession for more than fifty-four (54)
hours.
D.
It shall be the duty of all persons to whom milk or milk products
are delivered to clean thoroughly the containers in which such milk
or milk products are delivered before returning such containers. Apparatus,
containers, equipment and utensils used in the handling, storage,
processing or transporting of milk or milk products shall not be used
for any other purpose without the written permission of the Health
Officer.
E.
The delivery of milk or milk products to and the collection of milk
or milk product containers from residences in which cases of communicable
disease transmissible through milk supplies exist shall be subject
to the special requirements of the Health Officer.
[Amended 5-1-57 by Ord. No. C-567]
A.
It shall be unlawful for hotels, soda fountains, restaurants, grocery
stores, hospitals and other similar establishments to sell, dispense,
furnish or serve any milk or milk products except in the individual
original containers in which received from the distributor; provided,
however, that homogenized milk or cream to be consumed on the premises
may be sold, dispensed, furnished or served by the glass from mechanical
refrigerated dispensers which are approved by the Health Officer and
for which dispenser the operator of the place of business where such
milk dispensing device is to be used has applied for in writing and
secured a license to operate said dispensing device. The annual license
fee for each such dispenser shall be five dollars ($5).
B.
License for milk vending machines; fee.
(1)
It shall be unlawful for any person to sell, offer for sale, furnish,
vend or deliver milk, flavored milk or flavored dairy drink in individual
original containers in which and as received from the distributor,
from or by means of a mechanical or automatic milk vending machine
or device in this city, without first having obtained a license to
do so from the Director. Only a person who fully complies with the
requirements and provisions of this chapter shall be entitled to receive
and retain the license referred to in this subsection.
(2)
The annual license fee for each such milk vending machine or device
shall be twenty-five dollars ($25). A license shall be issued for
one (1) calendar year, and all licenses issued during any calendar
year shall expire on December 31 of the year of issuance. The Director
may require a new application before any new license is issued.
C.
The application for the license referred to in the preceding subsection
shall be made in writing and in accordance with this and other pertinent
sections of this chapter and shall include the name and address of
the applicant, the name and address of the owner or lessee of the
vending machine or device, the address of the premises and exact location
on said premises where the vending machine or device is to be installed,
the name and address of the owner of the premises, description of
available facilities for keeping and maintaining the vending machine
or device in a sanitary condition, a full and complete description
of the machine or device and a description of the manner in which
the preservation of the milk or milk product will be assured.
D.
A mechanical or automatic milk vending machine or device not located
within a building or structure shall be set back at least four (4)
feet from the property line, and no such machine or device shall be
installed or placed in the interior of any premises in such a manner,
position or location as to constitute a hazard or danger to the occupants
or users of said premises.
E.
Every milk vending machine or device shall have clearly indicated
on the exterior thereof and in clear view a concise and accurate description
of the product being dispensed by said machine or device.
F.
The Health Officer is hereby authorized to enter upon premises to
inspect all milk dispensing and milk vending machines or devices as
often as he deems necessary, at reasonable hours, to ensure full compliance
with the provisions of this section.
All dairies and milk plants from which milk or milk products
are supplied to this city, which are hereafter constructed or extensively
altered, shall conform in their construction to the sanitary requirements
of this chapter. Properly prepared plans for all dairies and milk
plants which are hereafter constructed, reconstructed or extensively
altered shall be submitted to the Director for approval before work
thereon is begun. In the case of milk plants, a signed approval shall
be obtained from the Director and/or state health authority.
A.
This chapter shall be enforced by the Director in accordance with
the applicable interpretations thereof contained in the 1953 Edition
of the United States Public Health Service Milk Code, a certified
copy of which shall be on file in the City Clerk's office; provided,
however, that if the minimum standards as set forth in any section
or part thereof of this chapter are lower than as provided by state
law, then in that event the minimum requirements of the state law
shall apply to said section or part thereof.
B.
The Director is further authorized to enforce any part of this chapter
which may not be covered by either the aforesaid code or state law,
by applying his interpretation thereof in the best interest of the
public health and welfare.
Any person who shall violate any provisions of this chapter shall be fined not exceeding one hundred dollars (100) for each violation, at the discretion of the court. This penalty may be imposed in addition to the suspension or revocation of a license as provided for in § 295-6.
