[Derived from Art. VII of Ch. XXV of the Charter and Ordinances, 1974]
As used in this article, the following terms shall have these meanings:
COMMISSIONER OF HEALTH
The Health Officer of the County of Erie.
CONSUMER
A person who secures milk, cream, skimmed milk and/or milk drinks for himself or others, but not for resale.
CREAM
That portion of milk containing not less than 18% of milk fat and intended for human consumption in a liquid state.
DAIRY
The place where milk is produced.
DEALER
A person who is engaged in the business of selling milk, cream, skimmed milk and/or milk drinks.
MILK
Lacteal secretion from one or more herbivorous animals containing not less than 3% of milk fat and not less than eleven and one-half per centum (11 1/2%) of milk solids intended for human consumption in a liquid state, except when in hermetically sealed containers.
MILK DRINK
A liquid containing milk, cream and/or skimmed milk and intended for human consumption in a liquid state.
PERSON
A corporation, association, copartnership, firm or individual.
PLANT
The place where milk, cream, skimmed milk and/or milk drinks are received, pasteurized and/or bottled.
PRODUCER
A person who maintains animals for the purpose of obtaining milk, cream and/or skimmed milk.
RETAIL STORE
Any place where milk is purchased from a dealer and resold to consumers.
SKIMMED MILK
That portion of milk from which the milk fat has been removed and which contains no less than eight and one-half per centum (8 1/2%) of milk solids and intended for human consumption in a liquid state.
TRUCKER
A person who is engaged in the business of transporting milk, cream and/or skimmed milk to a dealer or plant.
A. 
No person shall sell, offer for sale or deliver milk, cream, skimmed milk and/or milk drinks to consumers without first having obtained a permit from the Commissioner of Health, unless such milk, cream and/or skimmed milk is obtained from a person holding a permit from the Commissioner of Health and is either to be consumed upon the premises where sold or served or is resold at a retail store. A permit shall be granted to a person only for the sale of milk, cream, skimmed milk and/or milk drinks pasteurized and/or bottled at a plant, specified in the application for a permit and in the permit, which conforms to the requirements of this article and the Sanitary Code of the State of New York. Before making any changes in the source of supply as to the dairy and/or plant, the permittee shall give notice thereof to the Commissioner of Health and shall receive authorization for such change from the Commissioner of Health. The operator of the pasteurizing plant processing and/or bottling milk and/or cream and/or other dairy product shall immediately notify the Commissioner of Health of any change or contemplated change in dealers supplied by him.
B. 
No person shall engage or continue in the business of transporting milk, cream and/or skimmed milk by truck or other vehicle from any dairy directly or indirectly to any dealer without first having obtained a written permit from the Commissioner of Health, for which the applicant shall make written application to the Commissioner of Health.
C. 
Permits shall expire annually on the 30th day of April and shall be renewable on or before such date in each year.
D. 
Permits may not be transferable.
E. 
A permit may be suspended at any time by the Commissioner of Health for violations of the provisions of this article. A permit may be revoked by the Commissioner of Health after a hearing on due notice.
A. 
No milk shall be sold, offered for sale or delivered except certified-pasteurized, Grade A pasteurized or certified as defined in the Sanitary Code of the State of New York.
B. 
No cream shall be sold, offered for sale or delivery except certified-pasteurized or Grade A pasteurized as defined in the Sanitary Code of the State of New York.
C. 
No skimmed milk shall be sold, offered for sale or delivered except Grade A pasteurized, and such skimmed milk shall meet the applicable requirements of Grade A pasteurized milk as defined in this article and the Sanitary Code of the State of New York.
D. 
Skimmed milk used in cream and/or in milk drinks shall meet the applicable requirements of Grade A pasteurized milk as defined in this article and the Sanitary Code of the State of New York.
Except in the cases of hospitals and institutions which have been exempted by written authority of the Commissioner of Health, all milk sold to the consumer by any person, firm or corporation shall be bottled and capped at an approved pasteurization plant and shall be served from pint, half-pint or quart bottles only.
The name of the dealer and/or truckers in plain legible English shall be on each and every vehicle used to deliver milk, cream, skimmed milk and/or milk drinks to consumers and/or dealers.
Every wagon, truck or other vehicle used in transporting milk and/or cream must be clean and shall be provided with facilities to maintain and must maintain milk and/or cream transported thereon or therein at a temperature of 50°F. or lower at all times during the year and until delivered to the dealer. Milk and cream cans and their covers shall be transported, handled and delivered in a manner to protect them and their contents from contamination.
All cans used in the transportation of cream, milk and/or skimmed milk to any dealer or plant shall properly designate the producer.
No person shall remove from any dwelling where there is any contagious disease or which is placarded by the Department of Health for contagious disease any container, bottle or receptacle which has been or is to be used for the purpose of receiving or storing milk until such placard has been removed by the proper authorities.