[HISTORY: Adopted by the City Council of the City of Lancaster as Articles 1111, 1113, 1115, 1117, 1119 and 1121 of the Codified Ordinances. Amendments noted where applicable.]
As used in this chapter, the following words and phrases shall have the meanings ascribed to them in this section unless the context clearly requires otherwise. The masculine gender includes the feminine and neuter genders and words used in the singular include the plural.
- ADULTERATED MILK AND MILK PRODUCTS
- Any milk or milk product which contains an unwholesome substance, or which has been diluted with water, or which does not conform to the minimum content requirements of the grade which it purports to be as established in this chapter.
- The Board of Health of the City of Lancaster.
- Includes goat.
- DEALERS or DISTRIBUTORS
- Any person who sells or offers for sale any milk or milk products for human consumption.
- FROZEN MILK PRODUCTS
- Milk products which have been subjected to a freezing process.
- ICE CREAM or ICE MILK
- A frozen milk product sweetened with sugar or sugar substitute, with or without the addition of flavoring extracts, food gelatin, vegetable gum or other thickener.
- The whole, normal, fresh, clean lacteal secretion obtained by the complete milking of a healthy cow or goat and includes cream, skimmed milk, sour cream, buttermilk and all other derivations of milk except condensed milk and evaporated milk for manufacturing purposes.
- MILK FAT or BUTTERFAT
- The fat of milk.
- MILK PRODUCTS
- Any product made for human consumption which consists in whole or in part of milk which has not been subjected to a manufacturing process whereby its original identity has been wholly lost in the finished product.
- The mixture of ingredients combined to be used in a frozen milk product.
- PASTEURIZED or PASTEURIZATION
- The process of subjecting milk or milk products to heat to at least 145º Fahrenheit and holding at such temperature for a period of at least 30 minutes or to at least 161º Fahrenheit and holding such temperature for a period of at least 15 seconds in approved and properly operated equipment, or an approved equivalent in temperature and time, so that all pathogenic organisms are destroyed and when tested will produce a pasteurized plate count of not more than 30,000 bacterial colonies per cc. and desirably coliform free; but under no circumstances shall the count be more than 10 coliform per cc. in accordance with standard methods of the American Public Health Association.
[Amended 4-27-2004 by Ord. No. 7-2004]
License required. No person within the City shall process for resale, sell, offer or expose for sale or have in possession with intent to sell any milk or milk product who does not hold a license in good standing from the Bureau. No license holder shall purchase for resale, sell, offer or expose for sale or have in possession with intent to sell any milk or milk products not produced and processed by an approved source of supply.
Food employee certification. All persons who offer milk and milk products for sale shall comply with all applicable provisions of the Food Employee Certification Act, 3 Pa.C.S.A. § 6501 et seq., and the regulations promulgated pursuant thereto by the Pennsylvania Department of Agriculture, 7 Pa. Code § 76.1 et seq., as amended from time to time, including, but not limited to, employing a supervisory employee who has successfully completed a food employee certification approved training program or successor program. Any violation of the provisions of the Food Employee Certification Act or the related regulations shall constitute a violation hereunder.
Food Code. All persons who offer milk and milk products for sale shall comply with all applicable provisions of the Food Code issued by the Pennsylvania Department of Agriculture, 7 Pa. Code § 46.1 et seq., as amended from time to time. Any violation of the provisions of the Food Code shall constitute a violation hereunder.
Any person desiring to engage in the business of processing or selling milk or milk products in the City shall make application to the Bureau on an approved form furnished by the Bureau. Retail dealers having more than one fixed place of business shall obtain a license for each such place of business. Upon receipt of any application, the Bureau shall cause such steps to be taken as may be necessary to determine whether the applicant meets the requirements of this chapter and his source of supply is an approved one.
Licenses, upon approval by the Bureau, shall be issued. The form of the license shall be as prescribed by the Bureau. The license shall be prominently displayed at the place of business for which it is issued.
[Amended 12-11-2001 by Ord. No. 13-2001]
The following fees are hereby fixed for each milk license granted:
Retail. For every store, booth, market stand or restaurant in the City wherein milk or milk products or ice cream is sold: $30.
Vending machines selling milk or ice cream. Vending companies shall submit one payment for the total number of milk and ice cream vending machines they desire to operate in the city, with one license to be issued for the total number of machines based on the following schedule:
Laboratory analysis of milk and ice cream samples. All milk products sold in in the City shall be sampled and analyzed according to the following fee schedule:
Milk license fees herein prescribed shall be due and payable annually on January 1. Any person failing to procure a license as required under this chapter on or before the due date, whose business was conducted in the City on or before this date, shall pay a penalty of 5%, as well as be subject to the provisions of § 194-19.
Any license issued under this chapter shall not be transferable and shall remain in full force and effect upon payment of the annual license fee and until temporarily suspended or revoked.
Any license issued under this chapter may be temporarily suspended by the Bureau upon recommendation of the Milk Inspector for violation by the holder thereof of any of the provisions of this chapter or for interference with the Milk Inspector in the performance of his duties. The license may be revoked after an opportunity for a hearing by the Board of Health, upon a finding of any serious, repeated or willful and continuous violations of the provisions of this chapter.
Any person whose license has been temporarily suspended may at any time make application for reinstatement thereof upon correction of the violation upon which the suspension was based, and the Bureau, when satisfied as to such correction, shall reinstate such license.
In addition to adulteration as defined in § 194-1 for milk and milk products generally, ice cream shall be deemed adulterated if:
Any valuable constituent has been abstracted.
It contains any added ingredient injurious to health or any antiseptic or preservative.
It contains chrome yellow, saccharin, salts of copper, iron oxide, formaldehyde, boric acid, ochres or other mineral substance, poisonous color or flavor or other ingredient injurious to health.
It contains less than 10% by weight of butterfat, except as aforestated.
It contains any added vegetable or mineral oils or fat.
No ice cream products shall be dipped from cans on the street or in open vehicles. No shaved ice, or "snowballs," shall be sold on the street or in open vehicles. No person shall peddle or sell in the City streets ice cream products or shaved ice in any other form than the original package. However, nothing in this chapter will prevent the sale of ice cream products at an approved concession or manufacturing truck, provided that these regulations are adhered to.
No person shall sell milk products, the container of which does not prominently bear the name and address or code number of the processor or manufacturer and the kind or type of milk product contained in such container.
No person shall within the City produce, sell, offer or expose for sale or have in possession with intent to sell any milk or milk product which is adulterated, misbranded, ungraded or undesignated.
No hotel, restaurant, club, drugstore, grocery store, hospital or other similar establishment shall sell, dispense, furnish or serve any milk or milk products to a consumer except in the individual original container in which it was received from the dealer, provided that pasteurized homogenized milk to be consumed on the premises may be sold, dispensed, furnished or served by the glass or sanitary cup from mechanical refrigerated dispensers which have been approved by the Milk Inspector, which milk dispensing devices shall be kept in good working order and in a clean and sanitary condition. The temperature of milk in such dispensers shall not be in excess of 42º Fahrenheit.
The Board of Health may make all necessary regulations for clarifying and enforcing this chapter, which are not inconsistent with the provisions contained herein.
[Amended 5-12-1998 by Ord. No. 4-1998]
Upon the receipt of a written report of the Milk Inspector showing that the provisions of this chapter have not been complied with and the milk or milk products from a particular source of supply have not been produced, transported, handled, stored, kept or offered for sale in accordance with the provisions hereof or such milk or milk products are a source of danger to the community, the Bureau of Housing, Health and Sanitation is authorized and empowered temporarily to exclude such milk or milk products from the city, and no person shall bring into, sell, offer for sale or distribute in the City any such milk or milk products after receiving a written notice from the Bureau notifying him of such exclusion.
[Amended 5-12-1998 by Ord. No. 4-1998]
Upon the receipt of a written report from the Milk Inspector showing that the provisions of this chapter have been complied with, the Bureau of Housing, Health and Sanitation is further authorized and empowered to permit the bringing in, selling, offering for sale or distributing in the City of any such milk or milk products theretofore excluded if, in his opinion, the provisions hereof have been complied with and the source of danger removed any time after such exclusion.
[Amended 5-12-1998 by Ord. No. 4-1998]
Any milk, milk product or frozen milk product, the bacterial or coliform counts of which are found to be in excess of the permitted maximum on three separate successive samples of different batch processing within a thirty-day period, shall be excluded until correction is made and a sample showing approved bacterial content has been supplied to and examined by the Bureau of Housing, Health and Sanitation.
Any person who violates any provision of this chapter or fails to comply therewith or with any requirement thereof or who violates or fails to comply with any order or regulation made thereunder shall, upon conviction thereof, for each and every such violation or noncompliance respectively, be fined not less than $50 nor more than $300, together with costs of prosecution, for the first offense and not less than $200 and not more than $1,000 and the costs of prosecution for all succeeding offenses.