The following definitions shall apply in the
interpretation and enforcement of this article:
Milk or cream to which any water, foreign oil or fat, drug,
chemical, preservative or coloring matter, or other substance has
been added or mixed, except as provided for modified milk as defined
herein, and also milk or cream which fails to meet the standards or
has not been produced, handled or processed in accordance with the
requirements of this article.
A container made of glass or other officially approved material
or a single-service container made of an officially approved material
and used for the delivery of milk or fluid milk products to consumers.
A portion of certified milk which contains not less than
20% of milk fat.
A portion of certified milk which contains not less than
35% of milk fat.
Milk which bears the certification of a medical milk commission.
The product resulting from the elimination of a portion of
the water from milk.
A portion of milk which contains not less than 18% milk fat.
LIGHT CREAMCream which contains not less than 18% milk fat.
MEDIUM CREAMCream which contains not less than 27% milk fat.
HEAVY CREAMCream which contains not less than 36% milk fat.
Includes the following products, unless sterilized and packaged
in hermetically sealed containers: milk, cream, certified milk, skim
milk, skimmed milk, nonfat milk, nonfat fortified milk, fortified
skim milk, fortified skimmed milk, vitamin D milk, vitamin D fluid
milk products, homogenized milk, modified milk, ice-cream mix and
half-and-half.
The differentiation between milk, certified milk, modified
milk, irradiated milk, skimmed milk, concentrated milk, cream, heavy
cream, certified cream and certified heavy cream.
A product consisting of a mixture of milk and cream, with
or without added milk solids not fat, and which contains not less
than 10% milk fat.
Milk which has been treated in such a manner as to ensure
such breakup of the fat globules that, after 48 hours of quiescent
storage, no visible cream separation occurs and fat percentage of
the top 100 milliliters of milk in a quart bottle or of proportionate
volumes in containers of other sizes does not differ by more than
10% of itself from the fat percentage of the remaining milk, as determined
after thorough mixing.
Any frozen, sweetened milk product which is made of the same
ingredients as ice cream and in a manner similar to the process used
in the manufacture of ice cream, but which contains less than the
minimum percentage of milk fat required for ice cream, but is no less
than 3%, and contains not less than 14% by weight of total milk solids,
no matter under what trade or coined name it may be sold or offered
for sale.
The lacteal secretion of one or more cows. The term "milk"
shall mean and include milk, certified milk and also that which has
been pasteurized, homogenized, irradiated, modified, skimmed, concentrated
or otherwise processed or treated, but shall not include or mean condensed,
evaporated or dried milk in hermetically sealed containers.
Includes ice cream, ice milk, sherbets, butter, butter oil,
dried whole milk, dried skim milk and any other food for human consumption
made from milk or cream, or both, and designated as a milk product.
Milk prepared from milk meeting the requirements of this
article and modified in accordance with the Revised Statutes of New
Jersey.
The process of heating every particle of milk products to
a temperature of not less than 143º F. and holding at that temperature
for 30 consecutive minutes in approved pasteurizing apparatus or by
such other method demonstrated to accomplish the same results, and
shall be held to mean and include "high-temperature short-hold pasteurization,"
a process whereby every particle of milk or milk products is heated
to a temperature of not less than 161º F. and held at that temperature
for not less than 15 consecutive seconds in approved pasteurizing
apparatus or equipment.
Milk from which practically all milk fat has been removed
and which contains not more than 1/2 of 1% milk fat, with or without
added milk solids.
Milk, the vitamin D content of which has been increased to
at least 400 USP units of vitamin D per quart by an acceptable method.
A.
Milk license.
(1)
No person, either as principal or through agents or
employees, shall deliver or sell any milk, cream or fluid milk products
within the municipality without an official license so to do, provided
that no license shall be required for the proprietor of a public eating
establishment to sell or deliver, for consumption on the premises,
milk or cream obtained from a person licensed hereunder.
(2)
A license fee as provided for in Chapter 170, Licenses and Fees, is hereby established for each vehicle used in the sale or delivery of milk or cream. The word "vehicle" as used in this section shall be held to include vehicles of any kind and, where no vehicle is used, the store from which the milk or cream is sold or delivered or the person carrying, distributing or delivering the milk or cream.[1]
(3)
Such license shall not be transferable and shall continue
in force and effect until the first day of May next ensuing the date
of granting thereof, unless previously suspended or revoked.
B.
Permit for change of supply. No person having been
granted a license hereunder shall procure for sale or delivery in
the municipality any milk or cream from a source other than the source
specified on the application for a license hereunder without having
obtained an official permit so to do.
C.
Permit for bulk milk and cream. No person shall sell or deliver any milk or cream in the municipality in containers of more than one-quart capacity without obtaining a bulk milk or bulk cream official permit so to do. Such permit shall only be granted to persons licensed under Subsection A of section and shall permit the sale or delivery of milk and cream in containers of more than one-quart capacity under the following conditions and no other:
(1)
For cooking and manufacturing purposes only in quantities
of not less than 20 quarts in a single container to operators of bakeries,
confectioneries, hotels or restaurants.
(2)
In sanitary dispensers filled and sealed at the milk
plant and so constructed as to ensure adequate refrigeration during
transportation and use and the protection of the contents from outside
contamination, for use by the operators of public eating establishments;
provided, however, that the type and construction of any such dispenser
shall, before use, be officially approved.
D.
Applications. Each application for a license or permit
required under the terms of this section shall be made in writing,
signed by the person applying, upon official forms supplied for that
purpose, and shall truthfully set forth all information which may
be necessary to ascertain the facts that the milk or cream proposed
to be sold or delivered by the applicant is of the standard and quality
required by and was produced, handled, processed and transported in
accordance with the provisions of this article and such other information
as may be necessary to the proper administration of this article.
E.
Permit to obtain milk from certain sources. No person
having been granted a license hereunder shall procure for sale in
the City of East Orange any milk or cream from any source which, in
processing or transporting said milk or cream, utilizes the methods
known as "bulk farm holding or cooling tanks and transportation of
milk from farms to processing plants," without having obtained a permit
to do so from the Board of Health. No permit shall be issued to any
licensee under the provisions of this subsection unless he or the
source utilizing the aforesaid methods shall comply with the regulations
of the Board of Health pertaining to the utilization of said methods
of processing and transporting milk and cream.
F.
Ice cream manufacturer's permit.
(1)
No person, either as principal or through agents or
employees, shall deliver or sell any ice cream, ice cream mix, ice-
cream products or frozen confections within the municipality without
first making written application for a permit and securing the approval
of the Health Officer of the City of East Orange for the conduct of
said activity under the conditions specified, provided that no permit
shall be required for the proprietor of a public eating establishment
to sell or deliver for consumption on the premises or public food
store to sell or deliver ice cream, ice cream products or frozen confections
obtained from a person permitted hereunder.
(2)
No charge shall be made for this permit, but only
persons who comply with the requirements of this article shall be
entitled to receive and retain such permit.
No license shall be granted to any applicant
and no permit for additional supplies or for a change in source of
supply shall be issued to any licensee under the provisions of this
article unless he or the person or persons from whom he proposes to
obtain his supplies of milk, cream or fluid milk products shall:
A.
Maintain an adequate system of supervision over the
dairies, milk plants and the equipment and appurtenances thereof,
including periodic inspections, examination and tests and chemical
and bacteriological tests of the milk, cream and milk products produced
or handled by him, and keep on file in the milk plant complete and
accurate records of such inspections, tests and examinations, together
with all other records required by law.
B.
Permit the official inspection of the dairies, milk
plants, milk and milk products and the records aforesaid at any time
and make available such information as shall be officially required
to determine whether the requirements of this article are being complied
with.
C.
Comply with the requirements of this article with
respect to the production, handling, processing and transportation
of milk, cream and milk products.
No person shall sell or deliver milk, milk products
or fluid milk products in the City of East Orange unless such milk
or milk products comply with the standards and quality required by
and were produced, handled, processed and transported in accordance
with the provisions of Title 24 of the Revised Statutes of New Jersey,
as amended, the Sanitary Code enacted by the Department of Health
of the State of New Jersey, and the provisions of this chapter.
The following standards shall be in addition
to those required in Title 24 of the Revised Statutes of New Jersey,
as amended, and the Sanitary Code enacted by the Department of Health
of the State of New Jersey:
A.
All milk and cream sold or delivered within the municipality
shall be pasteurized and, after having been pasteurized, shall not
be pasteurized a second time.
B.
The pasteurizing system in each milk plant shall be
so constructed and installed as to prevent any unpasteurized milk
or milk products from mixing with pasteurized milk or milk products,
and no pasteurized milk or milk products shall be permitted to come
in contact with equipment with which unpasteurized milk or milk products
have been in contact.
C.
High-temperature short-hold pasteurizers shall be
equipped with a flow diversion control bulb and also a flow diversion
valve kept in working order and adjustment so that the valve will
immediately divert milk or milk products for preheating when the temperature
of the milk or milk products at the diversion control bulb reaches
161 1/2º F. during descending temperatures and, when in
diverting position, will not permit forward flow of milk or milk products
past the flow diversion bulb and be so placed that any milk or milk
products passing by the bulb will be held for 15 seconds at not less
than 161º F. as determined by approved tests.
A.
Milk to be ultimately used for the sale or distribution
as such to consumers, including milk from which cream or skimmed milk
is to be separated to be used ultimately for sale or distribution
as such to consumers, shall be cooled immediately after milking to
a temperature not over 50º F. and maintained at that temperature
until delivered to and received in the milk plant, provided that morning
milk need not be cooled between the time of milking and the time of
delivery to and receipt in the milk plant or creamery if such delivery
and receipt is not made later than 9:00 a.m. standard time.
B.
Milk plant operators must cool all milk as soon as
received from the producer to a temperature not over 50º F.,
and this temperature must be maintained during storage and transportation.
C.
Milk and fluid milk products, after pasteurization,
shall be rapidly cooled to a temperature of 50º F. or below and
maintained at that temperature during storage, distribution, shipment,
transportation and until delivered to the consumer.
A.
Schedule of standards.
(1)
Milk and fluid milk products shall not contain more
bacteria per milliliter or gram than herein indicated:
|
Type of Milk or Milk Products
|
Maximum Permissible Number of Bacteria
per Milliliter
| ||
|---|---|---|---|
|
Milk, skimmed or whole
| |||
|
Raw: blended or individual bulk can sample taken
at receiving station or at a source of production
|
100,000
| ||
|
Raw: sampled after processing and prior to pasteurization
|
300,000
| ||
|
Pasteurized: sampled either in bulk or consumer
package
|
20,000
| ||
|
Certified milk
| |||
|
Raw: blended or individual bulk cans
|
10,000
| ||
|
Pasteurized: sampled in either bulk or consumer
package
|
500
| ||
|
Cream
| |||
|
Raw: sampled after separation and cooking at
plant where separation occurs
|
200,000
| ||
|
Raw: sampled after separation, cooking and shipment
either in cans or by tank truck or rail tank car to pasteurizing plant
|
300,000
| ||
|
Pasteurized: sampled either in bulk or consumer
package
|
30,000
| ||
|
Ice cream, ice cream mix, frozen custard, sherbets
and ice milk
| |||
|
Sampled after procession and production or as
sold or delivered
|
50,000
| ||
(2)
Whenever more than one of the last four consecutive
counts taken on separate days exceeds the limits established herein,
the milk or fluid milk product shall be deemed in violation.
B.
Compliance with bacterial standards prescribed in
this section shall be determined by the method known as the "Standard
Agar Plate Method" of the American Public Health Association or by
any other method approved by the East Orange Board of Health.
C.
The Health Officer or any milk inspector of the City
of East Orange is hereby empowered to prohibit the transportation
into or the sale or distribution within the municipality of any milk
or milk products if it shall appear, after investigation or upon other
evidence received by the Health Officer or milk inspector, that such
milk or milk products have been contaminated by the emanation, exhalations
or discharges of any person affected with any communicable disease
transmissible through milk or milk products or that such milk or milk
products have been or are produced, stored or kept on any premises
upon which any source of a communicable disease exists.
A.
Milk, certified milk, half-and-half, skimmed milk or cream shall be sold only in bottles to consumers unless permission has been granted as provided in § 292-22C of this article.
B.
Milk, certified milk, skimmed milk or cream shall
not be delivered except in approved single-service containers to any
premises where there exists a case of infectious, contagious or communicable
disease transmissible through milk.
C.
In the bottling of milk, half-and-half, certified
milk, skimmed milk or cream, a mechanical filling and capping device
shall be used. Hand filling and capping are prohibited. All bottles
shall be capped with caps which completely cover the pouring lip of
the bottle.
D.
Single-service containers used for holding milk or
milk products shall be sanitary and shall be packed in sealed dust-proof
packages in the manufacturing plant and so delivered to the milk dealer.
E.
Any can used for holding milk or milk products shall
be made of metal and include a cover of the same metal and shall be
of the same design commonly known as the "umbrella-type" cover.
A.
Required identification.
(1)
Containers in which pasteurized milk or fluid milk
products are shipped or delivered shall be plainly tagged, capped
or labeled "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 coded to
indicate the day on which the milk or fluid milk products were pasteurized
or be marked with the day or date of pasteurization. Code identifications
and systems established by the processor shall be made available to
and subject to the approval of the Board of Health.
(2)
Certified milk or certified cream tags, caps or labels
shall also bear the name of the medical milk commission with which
the person producing such milk or cream is under contract.
(3)
No other tag, label, symbol or device shall be used
except that permitted by Title 24 of the Revised Statutes of the State
of New Jersey.
B.
No person shall erase, cancel, obliterate, deface,
cover, remove or alter any brand, tag, label or other marking required
by any provision of this article attached or affixed to any container
or bottle of milk or milk products.
C.
No person shall sell any milk or milk product which
has a false or misleading word, statement, designation, name, address,
symbol or mark appearing on any tag, cap or label or in any labeling,
or which has on it a label or labeling which is false or misleading
in any particular.
A.
No milk or fluid milk products from a source which has not been inspected and investigated to determine whether it complies with the requirements of § 292-23 of this article, nor any such product from a source which upon inspection and investigation has been found not to be in compliance with said section, shall be allowed to enter a milk plant in which milk or milk products are handled or processed for subsequent sale or distribution in the municipality.
B.
Any supply of milk or cream not complying with this
article may, upon official notice, be excluded forthwith from the
municipality.
C.
Adulterated milk or cream shall not be brought into,
sold, delivered or offered for sale or delivery in the municipality;
and adulterated milk or cream may be seized and destroyed by any duly
authorized agent.
D.
The methods of processing and transportation of milk
or cream known as "bulk farm holding or cooling tanks and transportation
of milk from farm to processing plants" shall be carried on in strict
compliance with the regulations of the Board of Health with respect
thereto now or hereafter adopted.
A.
Cows shall be physically examined every six months
by a licensed veterinarian of the state or other jurisdiction where
the cows are maintained, and a certificate showing the results of
such examination shall be placed and kept on file for a period of
one year at the milk plant to which the milk is delivered by the producer.
B.
Dairy herds shall be under the supervision of the
rules and regulations of the state and Federal Bureau of Animal Industry
for the control and eradication of tuberculosis and brucellosis.
