[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:
The Health Officer of the County of Erie.
A person who secures milk, cream, skimmed milk and/or milk
drinks for himself or others, but not for resale.
That portion of milk containing not less than 18% of milk
fat and intended for human consumption in a liquid state.
The place where milk is produced.
A person who is engaged in the business of selling milk,
cream, skimmed milk and/or milk drinks.
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 (11Â 1/2%) of milk solids intended for human consumption
in a liquid state, except when in hermetically sealed containers.
A liquid containing milk, cream and/or skimmed milk and intended
for human consumption in a liquid state.
A corporation, association, copartnership, firm or individual.
The place where milk, cream, skimmed milk and/or milk drinks
are received, pasteurized and/or bottled.
A person who maintains animals for the purpose of obtaining
milk, cream and/or skimmed milk.
Any place where milk is purchased from a dealer and resold
to consumers.
That portion of milk from which the milk fat has been removed
and which contains no less than eight and one-half per centum (8Â 1/2%)
of milk solids and intended for human consumption in a liquid state.
A person who is engaged in the business of transporting milk,
cream and/or skimmed milk to a dealer or plant.
A.Â
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.Â
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.Â
Permits shall expire annually on the 30th day of April and shall
be renewable on or before such date in each year.
D.Â
Permits may not be transferable.
E.Â
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.Â
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.Â
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.Â
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.Â
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 milk or cream from any dairy which is not approved by the
Commissioner of Health shall be transported by any trucker to any
dealer or plant.
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.
