[HISTORY: Adopted by the City Council of the City of Orange 11-5-69 by Ord. No. 129-69.[1] Amendments noted where applicable.]
[1]
Editor's Note: The provisions of this chapter are derived
from Ch. 21A of the former Code of the City of Orange, 1969, adopted
11-5-69 by Ord. No. 129-69.
For the purposes of this chapter, the following words and phrases
shall have the meanings respectively ascribed to them by this section:
Milk or cream to which any water, foreign oil or fat, drug,
chemical, preservative or coloring matter or other substance has been
added or mixed, except as provided for modified milk defined in this
section; and also milk or cream which fails to meet the standards
or has not been produced, handled or processed in accordance with
the requirements of this chapter.
A container made of glass or other officially approved material
or a single service container made of an officially approved material
and used for the delivery of milk or fluid milk products to consumers.
A portion of certified milk which contains not less than
twenty percent (20%) of milk fat.
A portion of certified milk which contains not less than
thirty-five percent (35%) of milk fat.
Milk which bears the certification of a medical milk commission.
The product resulting from the elimination of a portion of
the water from milk.
A portion of milk which contains not less than sixteen percent
(16%) of milk fat. The term "cream" shall be construed to mean and
include cream, heavy cream, certified cream and certified heavy cream.
The differentiation between milk, certified milk, modified
milk, irradiated milk, skimmed milk, concentrated milk, cream, heavy
cream, certified cream and certified heavy cream.
A portion of milk which contains not less than thirty-five
percent (35%) of milk fat.
Milk which has been treated in such a manner as to ensure
such breakup of the fat globules that, after forty-eight (48) hours
of quiescent storage, no visible cream separation occurs and that
fat percentage of the top one hundred (100) milliliters of milk in
a quart bottle, or of proportionate volumes in containers of other
sizes, does not differ by more than ten percent (10%) of itself from
the fat percentage of the remaining milk as determined after thorough
mixing.
The lacteal secretion of one (1) or more cows. The term "milk"
shall mean and include milk, certified milk and also that which has
been pasteurized, homogenized, irradiated, modified, skimmed, concentrated
or otherwise processed or treated, but shall not include or mean condensed,
evaporated or dried milk in hermetically sealed containers.
Cream, skimmed milk, ice cream mix, ice cream, custard ice
cream and sherbets made from milk or cream, or both.
Milk prepared from milk meeting the requirements of this
chapter and modified in accordance with N.J.S.A. 24:6-5.
The City of Orange, New Jersey.
An inspection, approval, disapproval, notice or other action
or decision by the Municipal Board or Department of Health or by its
authorized agent or employee.
The process of heating every particle of milk or milk products
to a temperature of not less than one hundred forty-two degrees Fahrenheit
(142° F.) and holding at that temperature for thirty (30) consecutive
minutes in approved pasteurizing apparatus, or by such other method
demonstrated to accomplish the same results; and shall be held to
mean and include high-temperature short-hold pasteurization, a process
whereby every particle of milk or milk products is heated to a temperature
of not less than one hundred sixty degrees Fahrenheit (160° F.)
and held at that temperature for not less than fifteen (15) consecutive
seconds in approved pasteurizing apparatus or equipment.
Milk from which the cream or any part thereof has been removed,
except modified milk as defined in this section.
Includes vehicles of any kind and, where no vehicle is used,
the store from which the milk or cream is sold or delivered or the
person carrying, distributing or delivering the milk or cream.
[Added 4-2-80 by Ord. No. 11-80]
Milk which has been so produced, irradiated with ultraviolet
light or carbon arc rays under controlled conditions, processed or
modified that the resultant product contains per quart not less than
four hundred (400) International Units of vitamin D as set forth in
the Eleventh Edition of the United States Pharmacopeia and known as
"U.S.P. XI Unit."
[Amended 4-2-80 by Ord. No. 11-80]
A.
Milk license. No person, either as principal or through agents or
employees, shall deliver or bring in or cause to be brought in or
sell any milk or cream within the City of Orange without an official
license so to do, issued by the licensing authority as herein provided,
and upon payment of the license fee provided therefor herein, provided
that no license shall be required for the proprietor of a public eating
establishment to sell or deliver for consumption on the premises milk
or cream obtained from a licensed person hereunder.
B.
The license fee as provided in Chapter 88, Fees, is hereby established for each vehicle used in the sale or delivery of milk or cream. The word "vehicle" as used in this section shall be held to include vehicles of any kind and, where no vehicle is used, the store from which the milk or cream is sold or delivered or the person carrying, distributing or delivering the milk or cream.
[Amended 5-18-1982 by Ord. No. 16-82]
C.
Such license shall not be transferable and shall continue in force
and effect until the first day of January next ensuing the date of
issuance thereof, unless previously suspended or revoked.
No person having been granted a license under this chapter shall
procure for sale or delivery in the municipality any milk or cream
from a source other than the source specified on the application for
a license without having obtained an official permit to do so.
No person, either as principal or through agents or employees, shall bring in or cause to be brought in or sell or deliver any milk or cream in the municipality in containers of more than one-quart capacity without obtaining a bulk milk or bulk cream official permit to do so. Such permit shall only be granted to persons licensed under § 133-2 and shall permit the sale or delivery of milk and cream in containers of more than one-quart capacity under the following conditions, and no other:
A.
For cooking and manufacturing purposes only in quantities of not
less than twenty (20) quarts in a single container to operators of
bakeries, confectioneries, hotels or restaurants.
B.
In sanitary dispensers filled and sealed at the milk plant and so
constructed as to ensure adequate refrigeration during transportation
and use and the protection of the contents from outside contamination,
for use by the operators of public eating establishments, provided
that the type and construction of any such dispenser shall, before
use, be officially approved.
Each application for a license or permit required under the
terms of this chapter shall be made in writing, signed by the person
applying, upon official forms supplied for that purpose and shall
truthfully set forth all information which may be necessary to ascertain
the facts that the milk or cream proposed to be sold or delivered
by the applicant is of the standard and quality required by, and was
produced, handled, processed and transported in accordance with, the
provisions of this chapter and such other information as may be necessary
for the proper administration and enforcement of this chapter.
No license shall be granted to any applicant and no permit for
additional supplies or for a change in source of supply shall be issued
to any licensee under the provisions of this chapter unless he or
the person or persons from whom he proposes to obtain his supplies
of milk, cream or milk products shall:
A.
Maintain an adequate system of supervision over the dairies, milk
plants and the equipment and appurtenances thereof, including periodic
inspections, examinations and tests and chemical and bacteriological
tests of the milk, cream and milk products produced or handled by
him, and keep on file in the milk plant complete and accurate records
of such inspections, tests and examinations, together with all other
records required by law.
B.
Permit the official inspection of the dairies, milk plants, milk
and milk products and the records aforesaid at any time and make available
such information as shall be officially required to determine whether
the requirements of this chapter are being complied with.
C.
Comply with the requirements of this chapter with respect to the
production, handling, processing and transportation of milk, cream
and milk products.
A license issued pursuant to the provisions of this chapter may be suspended or revoked unless the licensee and the person from whom the licensee obtains his supplies of milk, cream or milk products shall comply with the requirements of § 133-6 above.
No person shall bring in or cause to be brought in or sell or
deliver milk or milk products in the municipality unless such milk
or milk products comply with the standards and quality required by
and were produced, handled, processed and transported in accordance
with the provisions of Title 24 of the Revised Statutes of New Jersey,
as amended, the Sanitary Code enacted by the Department of Health
of the state and the provisions of this chapter.
The following standards shall be in addition to those required
in Title 24 of the Revised Statutes of New Jersey, as amended, and
the Sanitary Code enacted by the Department of Health of the state:
A.
All milk and cream sold or delivered within the municipality shall
be pasteurized and, after having been pasteurized, shall not be pasteurized
the second time.
B.
The pasteurizing system in each milk plant shall be so constructed
and installed as to prevent any unpasteurized milk or milk products
from mixing with pasteurized milk or milk products, and no pasteurized
milk or milk products shall be permitted to come in contact with equipment
with which unpasteurized milk or milk products have been in contact.
C.
High-temperature short-hold pasteurizers shall be equipped with a
flow diversion control bulb, also a flow diversion valve kept in working
order and adjustment, so that the valve will immediately divert milk
or milk products for preheating when the temperature of the milk or
milk products at the diversion control bulb reaches one hundred sixty
and one-half degrees Fahrenheit (160 1/2° F.) during the
descending temperatures, when in diverting position will not permit
forward flow of milk or milk products past the flow diversion bulb
and be so replaced that any milk or milk products passing by the bulb
will be held for fifteen (15) seconds at not less than one hundred
sixty degrees Fahrenheit (160° F.) as determined by approved tests.
A.
Milk to be ultimately used for sale or distribution as such to consumers,
including milk from which cream or skimmed milk is to be separated
to be ultimately used for sale or distribution as such to consumers,
shall be cooled immediately after milking to a temperature not over
fifty degrees Fahrenheit (50° F.) and maintained at that temperature
until delivered to and received in the milk plant, provided that morning
milk need not be cooled between the time of milking and the time of
delivery to and receipt in the milk plant or creamery if such delivery
and receipt is made not later than 9:00 a.m.
B.
Milk plant operators must cool all milk as soon as received from
the producer to a temperature not over fifty degrees Fahrenheit (50°
F.), and this temperature must be maintained during storage and transportation.
C.
Milk and milk products, after pasteurization, shall be rapidly cooled
to a temperature of fifty degrees Fahrenheit (50° F.) or below
and maintained at that temperature during storage, distribution, shipment,
transportation and until delivered to the consumer.
A.
Not more than twenty percent (20%) of the samples of any specific
milk or milk products when ten (10) or more samples have been examined,
and not more than two (2) samples when less than ten (10) samples
have been examined, shall exceed the bacterial standards hereinafter
prescribed. For the purposes of this section, any number of samplings
of a specific classification of milk or milk products, as in this
section enumerated, on a single day shall be considered as one (1)
sample.
|
Type of Milk or Milk Products
|
Maximum Permissible Number of Bacteria
Per Milliliter (ml)
|
|---|---|
|
Milk, skimmed or whole
| |
|
Raw: blended or individual bulk can sample taken
at receiving station or at a source of production
|
150,000
|
|
Raw: sampled after processing and prior to pasteurization
|
400,000
|
|
Pasteurized: sampled either in bulk or consumer
package
|
30,000
|
|
Certified milk
| |
|
Raw: blended or individual bulk cans
|
10,000
|
|
Pasteurized: sampled in either bulk or consumer
package
|
500
|
|
Cream
| |
|
Raw: sampled after separation and cooling at plant
where separation occurs
|
250,000
|
|
Raw: sampled after separation, cooling and shipment
either in cans, or by tank truck or rail tank car to pasteurizing
plant
|
500,000
|
|
Pasteurized: sampled either in bulk or consumer
package
|
100,000
|
|
Ice cream, ice cream mix, frozen custard, sherbets
| |
|
Sampled after processing and production or as sold
or delivered
|
100,000
|
B.
Compliance with bacterial standards prescribed in this section shall
be determined by the method known as the "Standard Agar Plate Method"
of the American Public Health Association or by any other method approved
by the Health and Welfare Department and the Health Officer.
C.
The Health Officer or any milk inspector of the city is hereby empowered
to prohibit the transportation into or the sale or distribution within
the municipality of any milk or milk products if it shall appear,
after investigation or upon other evidence received by the Health
Officer or milk inspector, that such milk or milk products have been
contaminated by the emanations, exhalations or discharges of any person
affected with any communicable disease transmissible through milk
or milk products or that such milk or milk products have been or are
produced, stored or kept on any premises upon which any source of
a communicable disease exists.
A.
Milk, certified milk, skimmed milk or cream shall be sold only in bottles to consumers unless permission has been granted, as provided in § 133-4.
B.
Milk, certified milk, skimmed milk or cream shall not be delivered,
except in approved single service containers, to any premises where
there exists a case of infectious, contagious or communicable disease
transmissible through milk.
C.
In the bottling of milk, certified milk, skimmed milk or cream, a
mechanical filling and capping device shall be used. Hand-filling
and -capping are prohibited. All bottles shall be capped with caps
which completely cover the pouring lip of the bottle.
D.
Single service containers used for holding milk or milk products
shall be sanitary and shall be packed in sealed dustproof packages
in the manufacturing plant and so delivered to the milk dealer.
E.
Any can used for holding milk or milk products shall be made of metal
and include a cover of the same metal and shall be of the same design
commonly known as the "umbrella-type" cover.
A.
Milk or cream which has been certified, pasteurized, homogenized,
irradiated, modified, concentrated, skimmed or otherwise processed
or treated shall be capped, tagged or labeled with the grade thereof
as may apply to the respective product, such as the following:
(1)
Milk, pasteurized; certified milk, pasteurized; certified modified
milk, pasteurized; modified milk, pasteurized; vitamin D modified
milk, pasteurized; vitamin D irradiated milk, pasteurized; concentrated,
pasteurized; concentrated vitamin D homogenized, pasteurized; skimmed
milk, pasteurized; cream, pasteurized; heavy cream, pasteurized; certified
cream, pasteurized; certified heavy cream, pasteurized.
(2)
The above respective designations on the tags, caps or labels shall
be followed by a statement of the location of the pasteurizing plant
and the name of the proprietor of the business which is conducted
at said pasteurizing plant.
(3)
The day or date of pasteurization shall be marked on the caps, tags
or labels in accordance with N.J.S.A. 24:10-16.
(4)
No other milk dealer's or seller's name shall appear on
the label, container or bottle. Certified milk or certified cream
tags, caps or labels shall also bear the name of the medical milk
commission with which the person producing such milk or cream is under
contract. Vitamin D milk shall also bear a statement on the tags,
caps or labels of the vitamin D potency.
(5)
No other tag, label, symbol or devise shall be used except that permitted
by N.J.S.A. 24:10-8.
B.
No person shall erase, cancel, obliterate, deface, cover, remove
or alter any brand, tag, label or other marking required by any provision
of this chapter to be attached or affixed to any container or bottle
of milk or milk products.
C.
No person shall sell any milk or milk products which has a false
or misleading word, statement, designation, name, address, symbol
or mark appearing on any tag, cap or label or in any labeling, or
which has on it a label or labeling which is false or misleading in
any particular.
A.
No milk or milk products from a source which has not been inspected and investigated to determine whether it complies with the requirements of § 133-6, nor any such product from a source which upon inspection and investigation has been found not to be in compliance with such section, shall be allowed to enter a milk plant in which milk or milk products are handled or processed for a subsequent sale or distribution in the municipality.
B.
Any supply of milk or cream not complying with this chapter may,
upon official notice, be excluded forthwith from the municipality.
C.
Adulterated milk or cream shall not be brought into, sold, delivered
or offered for sale or delivery in the municipality; and adulterated
milk or cream may be seized and destroyed by any duly authorized agent.
Cows shall be physically examined annually by a licensed veterinarian
of the state or other jurisdiction where the cows are maintained,
and six (6) months after such physical examination cows shall be reexamined,
and certificates for such examinations and reexaminations shall be
placed and kept on file for a period of one (1) year at the milk plant
to which the milk is delivered by the producer.
B.
Any person who violates any of the provisions of this chapter shall,
upon conviction thereof, be subject to a fine not exceeding five hundred
dollars ($500.) or imprisonment in the county jail for a period not
exceeding ninety (90) days, or both. Each day a violation is continued
shall constitute a separate offense.
[Amended 5-18-1982 by Ord. No. 16-82]
