The following definitions are applicable to
the sections contained hereinafter, as pertinent to N.J.S.A. 24, etc.:
Includes cream, sour cream, vitaminized milk, buttermilk,
homogenized milk, reconstituted or recombined milk, milk beverages,
cream beverages, skimmed milk beverages, and all other beverages containing
in whole or part milk or cream.
Ice cream, frozen custard, French ice cream, French custard
ice cream, sherbet, fruit sherbet, ice milk, ice, water ice, nonfruit
sherbets, nonfruit ices, quiescently frozen dairy confection, whipped
cream collection, bisque, tortoni, artificially sweetened ice cream,
or artificially sweetened ice milk, special frozen dietary foods,
frozen yogurt, mellorine frozen desserts, as all such products as
are commonly known, together with any such mix used in frozen desserts
and any products which are similar in appearance, odor or taste to
such products or are prepared or frozen as such products are customarily
prepared or frozen whether made with dairy or nondairy products.
The lacteal secretion obtained by the complete milking of
one or more healthy cows properly fed and kept, excluding that obtained
within 15 days before and five days after calving, or giving birth
or such other period as may be necessary to render the milk practically
colostrum free.
Cream, ice cream mix, sherbets, cream cheese or other food
for human consumption made from milk or cream, or both.
[Amended 6-7-2001 by Ord. No. 2001-1[1]]
No person shall engage, either as principal
or agent, in the production, distribution or sale of milk, milk products
or fluid milk products within the Borough of East Rutherford without
first obtaining a license from the Board for the purpose. The license
fee for each place, store, station, or premises from which milk, milk
products or fluid milk products are sold or distributed shall be the
sum of $25. The license fee for each wagon, motor-truck, pushcart
or other vehicle used for the distribution or sale of milk, milk products
or fluid milk products shall be the sum of $25. Each license issued
hereunder shall be valid from January 1 to December 31 in each year,
unless sooner suspended or revoked. No license issued hereunder shall
be assignable or transferable by the licensee.
[1]
Editor's Note: This ordinance provided that
the fees take effect 1-1-2002.
Upon the granting of each such license, the
Board shall provide the licensee with an identification card, which
card shall bear the words "DAIRY PRODUCTS LICENSE, Board of Health,
East Rutherford, N.J." and the number of the license together with
such additional material, if any, as the Board shall prescribe. Each
such identification card shall be posted by the licensee in a conspicuous
place in the licensed premises, and, in all cases where a license
applies to a wagon, motor truck, or other vehicle, such identification
card shall be attached to such wagon, motor truck, or other vehicle,
in some conspicuous place thereon or therein, and in such a manner
and position as to protect said identification card from injury by
the elements. No milk, milk products, or fluid milk products shall
be sold or distributed unless such identification card is exhibited
as hereinbefore prescribed.
A.
Under application being made for license as required
by this article and whenever required by this Board, there shall be
filed by the applicant a written statement of his entire source of
supply of milk, milk products or fluid milk products. This statement
shall contain the name and post office address of the owner of each
dairy creamery, receiving station, bottling place, and pasteurizing
plant, from which said supply is procured and shall bear the signature
of the applicant.
B.
Every licensee shall immediately notify the Board
in writing of any change in the source of his supply of milk, milk
products or fluid milk products. No milk, milk products or fluid milk
products shall be sold or distributed in the Borough of East Rutherford
unless the source of supply is approved by this Board.
C.
No person shall obtain milk, milk products or fluid
milk products from a broker, jobber or other concern which obtains
milk, milk products or fluid milk products from other sources than
those approved by this Board.
All premises where milk, milk products or fluid
milk products are produced or handled for sale or distribution in
the Borough of East Rutherford shall be open to this Board, its Health
Officer or other representative of this Board, for inspection at all
times; samples of milk, milk products, or fluid milk products shall
be furnished said officers or agents by any producer, processor, or
dealer at any time upon request.
Upon written request of this Board to the holder
of any license, there shall be immediately filed at the office of
this Board a list of all customers and their addresses to whom milk,
milk products or fluid products are delivered. Said list shall bear
the signature of the holder of the license.
No milk or fluid milk products shall be delivered,
stored before delivery or transported at a temperature higher than
45º F.
All milk or fluid milk products shall be delivered
or dispensed to the consumer only from sealed bottles or sealed sanitary
containers unless special permission for delivery or dispensing in
some other sanitary manner shall be granted by the Board. The sale
of loose milk, or loose fluid milk products, the use of milk scoops,
milk dippers, milk pumps and all types of suction devices is hereby
prohibited.
All bottles used for the distribution of milk
or fluid milk products shall be used for that purpose only and for
no other.
No milk of fluid milk products shall hereafter
be sold, offered for sale, or delivered within the Borough of East
Rutherford unless the same shall have been first subjected to the
process known as "pasteurization," as defined by Title 24, Chapter
10 of the Revised Statutes of New Jersey, and all amendments and supplements
thereto.
The requirements concerning the sale, production,
and handling of certified milk shall be governed by the State Sanitary
Code, its amendments, and supplements.
Physical examinations of cows or other milk-producing
animals by licensed veterinarians may be demanded by this Board upon
written notice to that effect. Any animal not found in a sound physical
condition must be isolated from the milking herd. Before any new cow
or other animals shall be added to the milking herd they shall be
given a physical examination by a licensed veterinarian and found
to be free from infectious or communicable disease.
No person shall sell, deliver or dispense any frozen dessert or any other frozen products which may or may not contain as an ingredient milk, milk products, or fluid milk products without a license from this Board as provided for in § 396-49 of this article; nor shall any person sell or dispense any ice cream which has been manufactured or prepared from milk or cream which has not been pasteurized, nor any ice cream which contains more than 50,000 bacteria per c.c.; nor less than 10% butter fat by weight except when nuts or fruits or both are added, then 8% butter fat by weight. Ice cream must be manufactured under sanitary conditions approved by this Board, and no more than two licenses will be issued to any person, firm, or corporation and shall not be transferable.
Any person who violates any section of this
article shall, in addition to all other penalties herein or hereinafter
prescribed, have all licenses issued to him suspended or revoked by
the Board.
