STATE LAW REFERENCES
Dairy products — See N.J.S.A. 24:10-57.1 et seq.
General. Where not set out in this section, definitions shall be as listed in the United States Public Health Service Milk Ordinance, Public Health Service Publication No. 229, 1953.
For the purposes of this chapter, the following words and phrases shall have the meanings respectively ascribed to them by this section:
- ADULTERATED MILK
- Any milk or milk product to which water or any fat or oil other than milk fat has been added or which contains any unwholesome substance.
- CERTIFIED CREAM
- Cream produced from certified milk.
- CERTIFIED MILK
- Milk produced in compliance with the laws of the state, including the provisions of Chapter VII of the State Sanitary Code (June 23, 1953).
- CERTIFIED SKIM MILK
- Skim milk produced from certified milk.
- MISBRANDED MILK
- Milk which fails to meet the standards defined in this chapter for the product mentioned on the label.
- PASTEURIZATION or PASTEURIZED
- The process of heating every particle of milk or milk product
to at least one hundred forty-three degrees Fahrenheit (143° F.)
and maintaining it at such temperature for at least 30 minutes, or
to at least 161° F. and maintaining it at such temperature continuously
for at least 15 seconds, in approved and properly operated equipment.
Nothing in this provision shall bar any process which has been approved
by the State Health Department for pasteurizing milk or milk products.[Ord. No. 1034, §§ 2, 6.]
[Ord. No. 1034, § 1.]
All regulations of the Department of Health of the state regarding milk and dairy products, as defined in Title 21, Chapter 10, Articles 1, 3, 4, 5, 6 and 11 of the Revised Statutes of New Jersey, shall be enforced in the Township, along with any subsequent supplements or amendments prescribed by the State Health Department. In case of conflict with this chapter, such state regulations shall take precedence.
Editor's Note: Former Sections 24-3 through 24-11, derived from Ord. No. 1034, §§ 3 and 4, and Ord. No. 1438, §§ 1 and 2, were repealed 2-10-1987 by Ord. No. 3073, § 1, due to supersession by state law and regulations.
All vehicles use in transporting milk and dairy products within the Township shall be subject to inspection at any time by the Department of Health. Vehicles are to be so constructed and operated as to provide protection of their contents at all times from contamination, freezing or overheating. The milk and dairy products shall be maintained at a temperature of 50° F. or less.
All vehicles used for transporting milk or dairy products shall be of a permanently closed type subject to approval by the Department of Health.
[Ord. No. 1034, § 5.]
All milk and dairy products which are handled in any manner within the Township shall be subject to regulations of the department of health. All milk, buttermilk and cream shall be acceptable under one of the following designations and not otherwise:
Methods of examination for determining bacterial counts shall be in conformance with "Standard Methods for the Examination of Dairy Products" published by the American Public Health Association.
Pasteurized milk. Pasteurized milk shall have a bacterial plate count not to exceed thirty thousand per milliliter. The coliform count shall not exceed ten per milliliter.
Pasteurized cream. Pasteurized cream shall have a bacterial plate count not to exceed sixty thousand per milliliter and a coliform count not in excess of ten per milliliter.
[Ord. No. 1034, § 6.]
[Ord. No. 1034, § 7.]
All containers for milk or dairy products shall be subject to approval by the department of health. All liquid milk and dairy products shall be delivered in individual sealed containers containing not more than four quarts. No bulk containers or dispensers shall be permitted.
Milk served in restaurants and other eating establishments shall be served in original individual containers in which it was received from the distributor.
Each container shall be marked with the date on which the milk was pasteurized, or with the phrase "Pasteurized during the twenty-four hour period ending 6 A. M." followed by the day of the week at the end of this period. No pasteurized milk or cream shall be delivered, sold or offered for sale prior to 12:01 A.M. on the day of the week appearing on the label.
Each container shall be marked with the name of the processor and the locality of processing. Certified milk and certified skim milk or cream shall be so labeled.
Editor's Note: For state law as to milk containers, see R.S., § 24:10-43 et seq.
[Ord. No. 1034, § 8.]
Samples of milk or dairy products produced, processed or brought into the Township shall be collected by a representative of the department of health at such times as the health officer deems necessary for testing. The usual retail price for such products may be collected by the dealer if he so requests.
If as a result of the bacteriological examination or other tests, the milk or dairy product does not conform to the standards prescribed in this chapter in more than one out of four successive samples a notification shall be sent to the person holding a permit issued by the department of health under this chapter. Such notification shall call attention to the violation and warn the person that further violation may cause revocation of the milk and dairy product permit.
[Ord. No. 1034, § 9.]
Each violation of any provision of this chapter shall constitute a separate offense and each such violation shall be punishable by a penalty of not less than twenty-five dollars and not more than one hundred dollars.