The sale or exposure for sale of any drink,
meat, milk, fish or vegetable food that is decayed, putrefied or has
become chemically or physically changed so that it is unwholesome
or unfit for food or that has been exposed to the emanation or infection
of any communicable disease is hereby prohibited.
Every person, corporation or association of
persons who now is or who hereafter shall be engaged in the sale or
exposure for sale of milk within the Borough of Rutherford, shall
procure a license from this Board, such license to cost $2 for each
store and each vehicle, and may be revoked at any time by the Board
whenever, in its judgment, the licensee has violated any provisions
of this article or any rule, regulation or order made by this Board.
They shall furnish the Board of Health of the Borough of Rutherford
when, and as often as may be requested by said Board or its agents,
with a true and complete statement as to the locality from which the
milk so sold or exposed for sale is produced, also a full and complete
list of persons from whom said milk is purchased, and the names and
addresses of all persons to whom they are regularly selling or delivering
milk within said Borough; and if, at any time after such statement
and lists have been furnished, the locality from which said milk is
produced or the person from whom said milk is purchased is changed,
said Board shall be notified immediately.
No milk shall be sold or exposed for sale in
the Borough of Rutherford except milk from cows stabled under light,
dry and well-ventilated conditions and in all other respects conforming
to the requirements hereinafter set forth:
A.
Each cow shall have at least three feet in width of
floor space when fastened in stanchions, and in all cases where no
adequate artificial means of ventilation are provided, each animal
shall have an air space of at least 500 cubic feet.
B.
All stables for the shelter of said cattle shall be
provided with a tight, dry floor. The manure drop shall be watertight.
C.
The walls and ceilings of said stables shall be whitewashed
or painted whenever it may be deemed necessary by the Board of Health.
D.
Manure shall not be allowed to accumulate in large
quantities in stable yards nor near the buildings where the cattle
are kept; and when stored temporarily in such places it shall be removed
at least once per month. The said stable yards shall be drained and
kept in a clean, dry condition, and no accumulation of household garbage,
vegetable or other putrescible matter shall be allowed to remain or
decay in said stables or stable yards.
E.
Cattle shall at all times be kept in a clean condition
and udders shall be washed, hand-rubbed or wiped with a clean, damp
cloth before each milking.
F.
No milk shall be sold or offered for sale or distributed
in the Borough of Rutherford unless the cows from which it has been
obtained have, within one year, been examined by a competent veterinarian,
and are free from diseases dangerous to the public health.
A.
RAW MILK or RAW CREAM
Definitions. As used in this Article, the following
terms shall have the meanings indicated:
Milk or cream which has not been subjected to heat at a temperature
of not less than 142º F. for 30 consecutive minutes.
B.
Prohibition; exceptions. No person or persons, firm
or corporation shall sell or offer for sale or distribution or have
in possession with intent to sell or distribute in the Borough of
Rutherford any raw milk, raw cream or raw milk products (except butter,
cheese or buttermilk); provided, however, that nothing herein contained
shall be construed as affecting the sale or distribution of certified
milk or certified cream in the Borough of Rutherford as defined and
produced under regulations as provided for in Chapter 11 of the Sanitary
Code of the Department of Health of the New Jersey Department of Health.[1]
[1]
Editor's Note: For current provisions, see
N.J.A.C. 8:21-10.1 et seq.
A.
Every person, corporation or association of persons
who now is or who hereafter shall be engaged in the sale or exposure
for sale of ice within the Borough of Rutherford shall procure a license
from this Board; such license to cost $2 for each ice depot and each
vehicle and which license may be revoked at any time by the Board
whenever, in its judgment, the licensee has violated any provisions
of this article, or any rule, regulation or order made by this Board.
They shall furnish the Board of Health or its agents, when and as
often as requested, with a true and complete statement as to the locality
from which the ice so sold or exposed for sale is harvested or, if
artificial ice, where manufactured.
B.
No ice shall be sold or exposed for sale in the Borough
of Rutherford that has been harvested from any pond, lake or river
upon which skating is allowed, nor shall any ice be sold or exposed
for sale in the Borough of Rutherford that is harvested or manufactured
from any locality or in any manner not approved by this Board.
All refrigerators or iceboxes maintained in
any butcher shop or other mercantile business carried on in the Borough
of Rutherford shall be opened, at all times when said business is
being carried on, to inspection by this Board of Health or an authorized
agent. No person engaged in any such mercantile business shall allow
any animal or vegetable matter which is foul or which is in a state
of decay to remain within said refrigerator or icebox, nor shall the
said refrigerator or icebox be allowed to become foul or malodorous
through the lack of proper cleaning and disinfecting.
A.
No beef, pork, veal, mutton or lamb, nor any part
of any animal from which any of said meats are obtained, shall be
sold for food purposes or exposed for sale or held in possession in
a store in which food is sold unless the said animal has been examined
both before and after slaughtering, by a Meat Inspector duly appointed
by the United States Government or by some other competent public
official, and has been passed as fit for food and has been stamped
with a proper identification mark or marks according to the system
adopted by the United States Bureau of Animal Industry. The provisions
of this section shall be construed to apply to all meat, sausage,
chop meats and edible viscera.
B.
All meats delivered in the Borough of Rutherford,
either by wholesalers or retailers, shall be protected from contamination
by flies, dust and dirt while in the process of delivery, and no meat
(fish and poultry included) shall be exposed for sale outside any
market or store or retailed from any vehicle whatever.
C.
All scrap meat, decayed vegetables, waste or offal
which shall accumulate in any market or store shall be kept in watertight,
flyproof metal containers when placed outside said market or store
and shall be removed only in such wagons or other conveyances as shall
be approved for the purpose by the Board of Health.
All bakers, wholesale or retail confectioners
or grocers or others selling bread shall wrap each and every loaf
of same in clean paper.
A.
No sleeping room of a dwelling, apartment or tenement
shall be directly connected with a room which is used as a restaurant
or public dining room or with the room in which the food for consumption
in said dining room is to be prepared or cooked.
B.
No store in which food is sold shall be directly connected
with any sleeping room of a dwelling, apartment or tenement house.
All bakeries or bakeshops shall be open at all
times to the inspection of the Board of Health. Said bakeries or bakeshops
shall be kept in a thoroughly sanitary condition, shall be used for
no other purpose and shall not be connected with any sleeping room
of a dwelling, apartment or tenement house.
All persons engaged in the sale of ice cream
shall file with the Board of Health before the first day of January
of each year a true statement of the place where the milk and cream
to be used is produced, of the place of manufacture and from whom
ice cream is purchased. All premises where ice cream is manufactured
for sale in the Borough of Rutherford shall be kept in a thoroughly
sanitary condition and shall be open to the Board of Health for inspection
at all times. No refrozen ice cream, nor ice cream one or all of the
various ingredients of which could not be sold separately under this
chapter, shall be sold or offered for sale.
All hotels, restaurants, cafes, soda fountains
and other places where food is produced, manufactured, stored, cooked,
prepared, distributed and sold or intended for sale for human consumption
shall be provided with adequate facilities for the treatment of cooking
and heating utensils by boiling water or steam under pressure or by
other means which shall yield the same results; and all utensils intended
for a second use, including pots, pans, dishes, plates, cups, saucers,
glasses and other containers repeatedly used for food, and all knives,
forks, spoons and food implements, shall be subject to treatment with
boiling water or steam under pressure for at least three minutes after
such services or by such other method that effective sterilization
of each article shall be properly carried out between each use. Where
sufficient or adequate sterilizing equipment has not been or cannot
be installed as above specified, sanitary single-service receptacles
(paper cups and utensils), which are to be thrown away after being
used, may be adopted and used in whole or in part as a service.
All commercially prepared custard or cream-filled
bakery products shall be made under the following conditions:
A.
Only pasteurized milk or cream shall be used in the
preparation of custard and cream-filed bakery products.
B.
The temperature and time of heating the mix shall
be, at a minimum, the equivalent of a temperature 142º F. for
a period of not less than 30 minutes.
C.
Upon completion of the cooking of the mix, it shall
be immediately transferred into previously sterilized containers,
properly covered and chilled without delay, to 50º F. or below,
and maintained at such temperature until used.
D.
The filling apparatus shall be of suitable, impervious
material and shall be cleaned and properly sterilized before each
use. No cloth filling bag shall be used.
E.
The hands of employees engaged in the preparation
of custard and cream-filled bakery products shall not touch the custards
or cream fillings.
F.
No pastries containing custards or cream fillings
shall be displayed in windows or show cases except those that are
chilled to 50º F. or below.
G.
Pastries containing custard or cream filling shall
not be sold or delivered from vehicles except such vehicles as are
equipped with a refrigerated compartment maintained at a temperature
of 50º F. or below; provided, however, that such pastries may
be delivered from manufacturers to retail dealers or consumers by
special trip without continuous refrigeration when it is possible
to cause such delivery within two hours' elapsed time.
