[HISTORY: Adopted by the Board of Commissioners
of the Township of Nutley 4-28-1936 by Ord. No. 786; amended 5-15-1979 by Ord. No.
1973 (Ch. 157 of the 1978 Code). Subsequent amendments
noted where applicable.]
No person, firm or corporation shall sell or
offer or expose for sale or have in possession for sale or delivery
in the Township of Nutley any milk or cream without first obtaining
from the Department of Health of the Township of Nutley a license
for such sale or delivery. Said license shall be issued the first
day of May of each year and shall expire the 30th day of April of
the next succeeding year and will not be issued unless said Department
of Health is satisfied that the provisions of this chapter will be
complied with.
Upon evidence duly ascertained, a license granted
under the provisions of this chapter may, at the direction of the
Department of Health, be revoked for violation of any of the provisions
of this chapter or of the laws of this state relating to the production,
sale and distribution of milk or cream. No such license shall be renewed
or restored until the said Department is satisfied that all the provisions
of this chapter and the laws of this state in regard thereto are strictly
complied with.
Upon application's being made for a license
as required by this chapter, and whenever required by the Department
of health, there shall be filed by the applicant a written statement
of his entire source of supply of milk or cream. This statement shall
contain the name and post office address of the owner of each dairy,
creamery or pasteurizing plant from which said supply is obtained.
No person, persons, firm or corporation shall obtain any milk or cream
from any source without first having obtained permission from the
Department of Health. Before any change is made in the source of supply
or any additional supply is received, written permission shall first
be obtained from the Department of Health.
Every person, firm or corporation obtaining
a license for the sale or distribution of milk or cream in the Township
of Nutley shall pay to the Department of Health a fee of $2 for each
and every store, wagon, vehicle, station and/or bottling plant.
[Added 10-6-1981 by Ord. No. 206]
Every person, firm or corporation issued a license
for the sale or distribution of milk or milk products from a vehicle
shall maintain an accurate thermometer in the portion of the vehicle
where such products are kept and shall maintain the temperature in
such portion of the vehicle at all times at not more than 45°
F.
Every vehicle used for retail or wholesale delivery
of milk or cream shall be of a type approved by the Department of
Health.
The license issued for the sale of milk or cream
in a store, other building, bottling plant, depot or station shall
be conspicuously displayed in such store, other building, bottling
plant, depot or station and shall not be sold, assigned or transferred.
No person, firm or corporation shall obtain
milk or cream from a broker, jobber or other concern who obtains milk
or cream from sources other than those approved by this Department.
All premises where milk, cream or other milk
products are produced or handled for sale or distribution in the Township
of Nutley shall be open to the Department of Health, its chemists,
bacteriologists or inspectors for inspection at all times. Samples
of milk, cream or milk products shall be furnished said officers or
agents by any producer or dealer at any time upon request.
All pasteurized milk and milk products shall
be placed in their final delivery containers in the plant in which
they are pasteurized. Milk and milk products sold in the distributor's
containers in quantities of less than one gallon shall be delivered
in standard milk bottles or other containers approved by the Department
of Health. It shall be unlawful for hotels, soda fountains, restaurants,
groceries and similar establishments to sell or serve any milk or
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 consumed on the premises, which may be served from the original
bottle or from a dispenser approved for such service. The sale of
dip milk is hereby prohibited.
No milk products shall be manufactured for distribution
or sale in the Township of Nutley unless the milk and cream used in
the manufacture of same is pasteurized.
Any person, firm or corporation violating any
of the provisions of this chapter shall, upon conviction, be liable
to a fine not to exceed $500 or imprisonment for not more than 90
days, or both, in the discretion of the court, for each and every
offense.
