[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:
ADULTERATED MILK OR CREAM
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.
BOTTLE
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.
CERTIFIED CREAM
A portion of certified milk which contains not less than twenty percent (20%) of milk fat.
CERTIFIED HEAVY CREAM
A portion of certified milk which contains not less than thirty-five percent (35%) of milk fat.
CERTIFIED MILK
Milk which bears the certification of a medical milk commission.
CONCENTRATED MILK
The product resulting from the elimination of a portion of the water from milk.
CREAM
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.
GRADE
The differentiation between milk, certified milk, modified milk, irradiated milk, skimmed milk, concentrated milk, cream, heavy cream, certified cream and certified heavy cream.
HEAVY CREAM
A portion of milk which contains not less than thirty-five percent (35%) of milk fat.
HOMOGENIZED MILK
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.
MILK
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.
MILK PRODUCTS
Cream, skimmed milk, ice cream mix, ice cream, custard ice cream and sherbets made from milk or cream, or both.
MODIFIED MILK
Milk prepared from milk meeting the requirements of this chapter and modified in accordance with N.J.S.A. 24:6-5.
MUNICIPALITY OR MUNICIPAL
The City of Orange, New Jersey.
OFFICIAL OR OFFICIALLY
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.
PASTEURIZATION
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.
SKIMMED MILK
Milk from which the cream or any part thereof has been removed, except modified milk as defined in this section.
VEHICLE
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]
VITAMIN D MILK
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, 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.
A. 
The license of any person may be suspended or revoked as provided in § 133-7.
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]