[HISTORY: Adopted by the Board of Commissioners (now the Council) of the City of Perth Amboy 12-16-53 as Ord. No. C-490. Section 295-26 amended at time of adoption of Code; see Ch. 1, General Provisions. Other amendments noted where applicable.]
The following definitions shall apply in the interpretation and the enforcement of this chapter:
ADULTERATED AND MISBRANDED MILK AND MILK PRODUCTS
Any milk or milk product to which water has been added or which contains any unwholesome substance, or which, if defined in this chapter, does not conform to its definition, shall be deemed to be adulterated. Any milk or milk product which carries a grade label, unless such grade label has been awarded or established by the Health Officer and not revoked, or which fails to conform in any other respect with the statement on the label, shall be deemed to be misbranded.
AND/OR
Where such term is used, "and" shall apply where possible; otherwise "or" shall apply.
AVERAGE BACTERIAL PLATE COUNT, DIRECT MICROSCOPIC COUNT AND COOLING TEMPERATURE
The standard of three (3) out of four (4) samples taken on separate days. Cooling temperature shall be fifty degrees Fahrenheit (50° F.) at all times for both raw and pasteurized milk.
BUTTERMILK
A fluid product resulting from the churning of milk or cream. It shall contain not less than eight and twenty-five hundredths percent (8.25%) milk solids-not-fat.
CITY
The City of Perth Amboy, New Jersey.
CONCENTRATED MILK
A fluid product, unsterilized and unsweetened, resulting from the removal of a considerable portion of the water from milk. When recombined with water in accordance with instructions printed on the container, the resulting product conforms to the standards for milk fat and solids-not-fat of milk as defined herein.
CONCENTRATED MILK PRODUCTS
Includes homogenized concentrated milk, vitamin D concentrated milk, concentrated skim milk, concentrated flavored milk, concentrated flavored drink and similar concentrated products made from concentrated milk or concentrated skim milk, as the case may be, and which, when recombined with water in accordance with instructions printed on the container, conform to the corresponding milk products as defined herein.
COTTAGE CHEESE
The soft uncured cheese prepared from the curd obtained by adding harmless, lactic-acid producing bacteria, with or without enzymatic action, to pasteurized skim milk or pasteurized reconstituted skim milk. It shall contain no more than eighty percent (80%) moisture.
CREAM
A portion of milk which contains not less than eighteen percent (18%) milk fat.
CREAMED COTTAGE CHEESE
The soft uncured cheese which is prepared by mixing cottage cheese with pasteurized cream or with a pasteurized mixture of cream and milk or skim milk and which shall contain not less than four percent (4%) milk fat by weight and not more than eighty percent (80%) moisture.
CULTURED BUTTERMILK
A fluid product resulting from the souring or treatment, by a lactic acid or other culture, of pasteurized skim milk and which shall contain not less than eight and fifty-hundredths percent (8.50%) milk solids-not-fat.
CULTURED MILK
A fluid or semifluid product resulting from the souring or treatment, by a lactic acid or other culture, of pasteurized milk or pasteurized concentrated milk and which shall contain not less than eight and fifty-hundredths percent (8.50%) milk solids-not-fat and not less than three and thirty-hundredths percent (3.30%) milk fat.
DAIRY or DAIRY FARM
Any place or premises where one (1) or more cows are kept and from which any of its milk or milk products are sold or offered for sale.
DIRECTOR
The Director of Environmental Control of the City of Perth Amboy.
DIVISION
The Division of Health of the City of Perth Amboy.
DIVISION OF HEALTH
The Division of Health of the City of Perth Amboy.
DRY MILK
Milk from which at least ninety-five percent (95%) of the water has been removed.
FLAVORED DRINK or FLAVORED DAIRY DRINK
A beverage or confection consisting of skim milk to which has been added a syrup or flavor made from wholesome ingredients.
FLAVORED MILK
A beverage or confection consisting of milk to which has been added a syrup or flavor made from wholesome ingredients.
GOAT MILK
The lacteal secretion, practically free from colostrum, obtained by the complete milking of healthy goats. The word "milk" shall be interpreted to include "goat milk."
HALF-AND-HALF
A product consisting of a mixture of milk and cream which contains not less than eleven and five-tenths percent (11.5%) milk fat.
HEALTH OFFICER
A Health Officer of the City of Perth Amboy or his authorized representatives.
HEAVY CREAM OR HEAVY WHIPPING CREAM
Heavy cream or heavy whipping cream which contains not less than thirty-six percent (36%) milk fat.
HOLDER
The person to whom a license is issued under this chapter.
HOMOGENIZED MILK
Milk which has been treated in such a manner as to ensure breakup of the fat globules to such an extent that, after forty-eight (48) hours of quiescent storage no visible cream separation occurs on the milk, and the 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. Homogenization shall precede pasteurization. The word "milk" shall be interpreted to include "homogenized milk."
LICENSE
Includes permit.
LICENSEE
The person to whom a license is issued under this chapter.
LIGHT CREAM, COFFEE CREAM or TABLE CREAM
Cream which contains less than thirty percent (30%) milk fat.
LIGHT WHIPPING CREAM
Whipping cream which contains less than thirty-six percent (36%) milk fat.
MILK
The lacteal secretion, practically free from colostrum, obtained by the complete milking of one (1) or more healthy cows, which contains not less than eleven and fifty-hundredths percent (11.50%) milk solids nor more than eighty-eight and fifty-hundredths percent (88.50%) serum solids and not less than three and thirty-hundredths percent (3.30%) milk fat.
MILK DISTRIBUTOR
Any person who offers for sale or sells to another any milk or milk products for human consumption as such.
MILK FAT or BUTTERFAT
The fat of milk.
MILK HAULER
Any person, other than a milk producer or a milk plant employee, who transports milk and/or milk products to or from a milk plant or a collecting point.
MILK PLANT
Any place, premises or establishment where milk or milk products are collected, handled, processed, stored, pasteurized, bottled or prepared for distribution, except an establishment where milk or milk products are sold at retail only.
MILK PRODUCER
Any person who owns or controls one (1) or more cows, a part or all of the milk or milk products from which is sold or offered for sale.
MILK PRODUCTS
Includes cream, sour cream, half and-half, whipped cream, concentrated milk, concentrated milk products, skim milk, nonfat milk, flavored milk, flavored drink, buttermilk, cultured buttermilk, cultured milk, vitamin D milk, cottage cheese, creamed cottage cheese and any other product made by the addition of any substance to milk or to any of these milk products and used for similar purposes and designated as a milk product by the Health Officer.
NONFAT DRY-MILK SOLIDS
Nonfat milk from which at least ninety-five percent (95%) of the water has been removed.
NONFAT, FAT-FREE OR DEFATTED MILK
Nonfat, fat-free or defatted milk which is skim milk, containing not more than one-tenth percent (0.1%) milk fat.
PASTEURIZATION
The process of heating every particle of milk or milk products to at least one hundred forty-three degrees Fahrenheit (143° F.) and holding it at such temperature continuously for at least thirty (30) minutes, or to at least one hundred sixty-one degrees Fahrenheit (161° F.) and holding it at such temperature continuously for at least fifteen (15) seconds, in approved and properly operated equipment; provided that nothing contained in this definition shall be construed as barring any other process which may be demonstrated to be equally efficient and which is approved by the state health authority.
PASTEURIZED (and similar terms)
See "pasteurization."
PERSON
Any individual, partnership, corporation, company, firm, trustee or association, and the masculine gender shall include the feminine and neuter genders.
PRODUCER DAIRY
A dairy farm which sends milk or cream to a milk plant for processing.
PRODUCER-DISTRIBUTOR
A milk producer who is also a milk distributor.
RECONSTITUTED OR RECOMBINED MILK AND CREAM
A product resulting from the recombining of milk constituents with water and which complies with the standards for milk fat and solids-not-fat of milk as defined herein. Reconstituted or recombined cream is a product resulting from the combination of dried cream, butter or butterfat with cream, milk, skim milk or water.
SKIM MILK
Milk from which a sufficient portion of milk fat has been removed to reduce its milk fat content to less than 3.30%.
SKIM MILK SOLIDS
Includes concentrated skim milk and nonfat dry-milk solids.
SOUR CREAM
Cream, the acidity of which is more than 0.20% expressed as lactic acid.
VITAMIN D MILK
Milk, the vitamin D content of which has been increased by an approved method to at least 400 U.S.P. units per quart. When vitamin D is added by direct irradiation or by incorporation of concentrate, such addition shall precede pasteurization.
WHIPPED CREAM
Cream to which a harmless gas has been added to cause whipping of the product. It may also contain sugar or other harmless flavoring and a harmless stabilizer.
WHIPPING CREAM
Cream which contains not less than 30% milk fat.
A. 
No person shall produce, sell, offer or expose for sale or have in possession with intent to sell any milk or milk product within the City of Perth Amboy which is adulterated, misbranded or ungraded. It shall be unlawful for any person to have in possession in this city, except in a private home, any adulterated, misbranded or ungraded milk or milk product; provided, however, in an emergency the Director may, with the approval of the state health authority, authorize the sale of ungraded pasteurized milk or pasteurized milk products, in which event such milk or milk products shall be labeled "ungraded."
B. 
Any adulterated, misbranded and/or improperly labeled milk or milk products may be impounded by the Health Officer and disposed of in accordance with the law of this state.
[1]
Editor's Note: Former Section 1597-2011, License required; fee, previously codified herein was repealed in its entirety 9-28-2011 by Ord. No. 1597-2011.
[Amended 5-13-1998 by Ord. No. 946-98]
Any person desiring to engage or continue in the business of selling milk or milk products or conducting a dairy, milk plant or otherwise dealing in milk or milk products in this city shall first make a written application to the Division of Vital Statistics for a license on a form approved by the Director for such purpose. Such application shall include, in addition to such other information as the Director may require, the name and address of the applicant, the address of the place where it is proposed to carry on the business, the name of each source of supply from whom the applicant receives or expects to receive milk or milk products for sale and the approximate amounts of such products supplied or to be supplied by each such source.
The Director shall refuse to issue a license where the applicant:
A. 
Repeatedly and persistently violates the provisions of this chapter;
B. 
Fails to comply with the lawful requirements and demands of the Director as authorized herein;
C. 
Operates his place of business and equipment in such an unclean and insanitary condition as to be detrimental to the public health;
D. 
Fails to comply with the rules and regulations of the State Department of Health and the laws of the State of New Jersey respecting milk and milk products; provided, however, when objectionable and insanitary conditions are corrected to the satisfaction of the Director, he may reconsider a new application for a license.
A. 
A license issued under this chapter may be temporarily suspended by the Director for violation by the licensee of any of the terms or provisions of this chapter or interference with the Health Officer in the performance of his duty.
B. 
A license issued hereunder may be revoked for a violation of this chapter, after an opportunity for hearing by the Director. The licensee shall be given five days' notice in writing of hearing for revocation. Said notice may be addressed and mailed in the regular mail to the licensee at the address stated in licensee's application for license.
C. 
The Director is authorized to revoke a license for repeated violations of this chapter, after hearing as provided herein.
A. 
Any person whose license has been suspended may make application at any time for reinstatement of said license.
B. 
A suspended license shall be reinstated upon satisfactory proof to the Director of compliance with the terms and provisions of this chapter; provided, however, the Director shall not be required to reinstate a suspended license for repeated violations of this chapter, after hearing as provided herein.
A license issued hereunder shall be placed and at all times displayed in a conspicuous place where milk or milk products are kept for sale or distribution; provided, however, when such sale or distribution is made from a motor vehicle or other vehicle, such vehicle shall have displayed on each side thereof a metal tag or plate furnished by the Division of Health, for which the licensee shall pay the Division a reasonable charge as may be fixed by the Director to cover the cost of such tags or plates. In lieu of such tags or plates, the Director may approve painted lettering on such vehicles similar in size and design to metal tags or plates issued by the Division.
An application in writing shall be made to the Director for a new license at least ten (10) days prior to the sale, change in management or removal from one place to another of the business of producing or processing milk or milk products for sale or distribution in this city.
The Director may order a licensee to immediately exclude from the city for a specific period of time the milk or milk products of a dairy or milk plant for the failure or refusal of such dairy or milk plant to comply with any of the provisions of this chapter, and the Director may suspend and, after hearing as provided herein, revoke the license of any licensee for the refusal or failure to comply with such order.
No licensee shall change or add any dairy or milk plant to his source of supply of milk or milk products for sale, distribution or delivery in this city, under any circumstances, without having first obtained written permission to do so from the Director.
Milk or milk products which are in the possession of or handled, kept or offered for sale by a dealer in milk or milk products shall be deemed to be handled, kept or offered for sale with the intent to be sold or distributed as food for human consumption.
A. 
All bottles, cans, packages and any and all other containers enclosing milk or any milk product defined in this chapter shall be plainly labeled or marked with:
(1) 
The name of the contents as given in the definitions in this chapter;
(2) 
The grade of the contents;
(3) 
The word "pasteurized" only if the contents have been pasteurized, and the tags, caps or labels shall be marked with the location of the pasteurizing plant and the name of the proprietor of the business which is conducted at the said pasteurizing plant. The tags, caps or labels of the containers shall also be marked with the day on which the milk was pasteurized or the words "pasteurized during the twenty-four-hour period ending 6:00 a.m." followed by the day of the week at the end of this period. No pasteurized milk or cream shall be sold or offered for sale prior to 12:01 a.m. on the day of the week appearing on the tag, cap or label thereof;
(4) 
The word "raw" only if the contents are raw and the date of its production;
(5) 
The phrase "for pasteurization" if the contents are to be pasteurized;
(6) 
The name of the producer if the contents are raw;
(7) 
In the case of vitamin D milk or milk products, the designation "Vitamin D," the source of vitamin D and the number of U.S.P. units per quart;
(8) 
In the case of concentrated milk or milk products, the volume or proportion of water to be added for recombining;
(9) 
The words "skim milk solids added" and the percentage added if such solids have been added, except that this requirement shall not apply to reconstituted or recombined milk or milk products;
provided, however, that only the identity of the producer dairy shall be required on cans delivered to a milk plant which receives only one (1) grade of milk for pasteurization and which immediately dumps, washes and returns the cans to the producer dairy.
B. 
The label or mark shall be in letters of an approved size, kind and color and shall contain no marks or words which are misleading.
C. 
Homogenized milk or homogenized cream shall not be mixed with milk, skim milk or cream which has not been homogenized unless the product is labeled "homogenized" and conforms to the standards provided in this chapter.
A. 
Prior to the issuance of a license and at least once every six (6) months thereafter, the Health Officer shall inspect all dairy farms and all milk plants whose milk or milk products are intended for consumption within this city. In the event the Health Officer discovers any violation of this chapter, he shall make a second inspection after a lapse of such time as he deems reasonably necessary for compliance with the requirements of this chapter, but not before the lapse of three (3) days. The results of the second inspection shall be used in determining compliance with this chapter. Noncompliance with this chapter after the second inspection shall require immediate suspension of the license.
B. 
The Health Officer shall post one (1) copy of his inspection report in a conspicuous place upon an inside wall of one of the dairy farm or milk plant buildings. Said report shall not be defaced or removed by any person except by or on the authority of the Health Officer. A copy of said inspection report shall be filed with the Division of Health.
C. 
Every milk producer and distributor shall, upon the request of the Health Officer, permit him access to all parts of the establishment, and every distributor shall furnish the Health Officer, upon his request, for official use only, a true statement of the actual quantities of milk and milk products of each grade purchased and sold, together with a list of all sources of supply, records of inspection and tests and pasteurization time and temperature records.
A. 
Milk and milk products from points beyond the limits of routine inspection of the Division of Health shall not be distributed, offered for sale or sold in this city unless produced and processed under provisions and requirements substantially equivalent to the provisions and requirements of this chapter; provided, however, the Director may, in his discretion, accept a certificate from the regulating authority having jurisdiction over the said production and processing, certifying a substantial compliance with the terms and provisions of this chapter.
B. 
The Health Officer may personally inspect the dairy farm or plant located beyond the limits of routine inspection of the Division of Health to determine whether or not the production and processing of said milk and milk products is in conformity with the requirements of this chapter.
C. 
Each producer dairy, producer-distributor, milk plant and milk distributor shall pay to the Division of Health the sum of ten dollars ($10) annually, in addition to the license fee of two dollars ($2) hereinbefore provided, to help defray the expense of the aforesaid beyond-limits personal inspection and tests.
A. 
During each six-month period at least four (4) samples of milk and cream from each dairy farm and at least four (4) samples of milk, cream and homogenized milk from each milk plant shall be taken on separate days and examined by the Health Officer; provided that in the case of raw milk for pasteurization, the Health Officer may accept the test results of reputable laboratories which he has investigated periodically and approved. Samples of other milk products shall be taken and examined by the Health Officer at least once during each six-month period. Samples of milk and milk products may be taken at any time prior to their final delivery. Samples of milk and milk products from stores, cafes, soda fountains, restaurants and other places where milk or milk products are sold shall be examined as often as the Health Officer may deem necessary, and all proprietors of such places shall furnish the Health Officer, upon his request, with the names of all distributors from whom their milk and milk products are obtained. Bacterial plate counts, direct microscopic counts, coliform determinations, phosphatase tests, efficiency of bactericidal treatment and other laboratory and screening tests shall conform to the procedures in the latest edition of Standard Methods for the Examination of Dairy Products, recommended by the American Public Health Association, current at the time of adoption of this chapter. Examinations may include such other chemical and physical tests for the detection of adulteration as the Health Officer may determine necessary. Bioassays of the vitamin D content of vitamin D milk and milk products shall be made when required by the Health Officer in a laboratory approved by the Director for such examinations.
B. 
Whenever the average bacterial count or the average cooling temperature of the last three (3) consecutive samples taken on separate days is beyond the limit for the grade then held, the Health Officer shall send written notice thereof to the person concerned and shall take an additional sample, but not before the lapse of three (3) days, for the purpose of determining a new average. Violation of the grade requirements by the new average or by any subsequent average during the remainder of the current three-month period shall warrant immediate suspension of license or other appropriate action unless the last individual result is within the grade limit.
C. 
Whenever more than one (1) of the last three (3) consecutive coliform counts of samples taken on separate days is beyond the limit for the grade then held, the Health Officer shall send written notice thereof to the person concerned. He shall then take an additional sample, but not before the lapse of three (3) days. Immediate suspension of license or other appropriate action shall be taken when the grade limit is again violated during the remainder of the current six-month period by more than one (1) of the last four (4) consecutive samples, unless the last individual result is within the grade limit.
D. 
In case of violation of the phosphatase test requirement, the probable cause shall be determined and corrected before milk or milk products from the plant concerned again can be sold as pasteurized milk or milk products.
It shall be unlawful for any person to produce, sell, offer or expose for sale, deliver or have in possession with intent to sell to the final consumer in this city, any milk or milk products other than Grade A certified raw and pasteurized milk, Grade A and Grade B pasteurized milk and milk products processed, produced or made therefrom, as defined in this chapter; provided, however, in an emergency the Director may, with the approval of the state health authority, authorize the sale of ungraded pasteurized milk or milk products, in which event such milk or milk products shall be labeled accordingly.
Grades shall be based on the following standards, the grading of milk products being identical with the grading of milk, except that the bacterial-count standards shall be doubled in the case of cream and half-and-half and shall be omitted in the case of sour cream, buttermilk, cultured buttermilk, cultured milk, cottage cheese and creamed cottage cheese. Vitamin D milk shall be only of Grade A pasteurized, Grade B pasteurized or certified pasteurized quality. The grade of a milk product shall be that of the lowest grade of milk or milk product used in its preparation.
A. 
Certified raw milk is raw milk which conforms to the latest requirements of the American Association of Medical Milk Commissions in force at the time of the adoption of this chapter and which is produced in accordance with the requirements of the law of this state and the provisions of this chapter.
B. 
Grade A certified raw milk is raw milk from producer dairies having a bacterial plate count or direct microscopic clump count of the milk as delivered from the producer not exceeding one hundred fifty thousand (150,000) per milliliter.
C. 
Grade B raw milk for pasteurization shall not exceed three hundred thousand (300,000) per milliliter by bacterial plate count or direct microscopic examination; B pasteurized, thirty thousand (30,000).
D. 
Certified pasteurized milk is certified raw milk which has been pasteurized, cooled and bottled in a milk plant which conforms to the latest requirements of the American Association of Medical Milk Commissions in force at the time of the adoption of this chapter and which is produced in accordance with the requirements of the law of this state and the provisions of this chapter.
E. 
Grade A pasteurized milk is Grade A raw milk which has been pasteurized, cooled and placed in the final container in a milk plant which conforms to the items of sanitation described below. In all cases the milk shall show efficient pasteurization as evidenced by satisfactory phosphatase test, and at no time after pasteurization and before delivery shall the milk have a bacterial plate count exceeding fifteen thousand (15,000) per milliliter or a coliform count exceeding two (2) per milliliter as determined in accordance with this chapter provided that the raw milk at no time between dumping and pasteurization shall have a bacterial plate count or direct microscopic clump count exceeding one hundred fifty thousand (150,000) per milliliter.
F. 
Grade B pasteurized milk is pasteurized milk having a bacterial plate count at time of delivery not exceeding thirty thousand (30,000) per milliliter and having a coliform count not exceeding two (2) per milliliter.
A. 
Cows, health.
(1) 
All milk for pasteurization shall be from herds which are located in a modified accredited tuberculosis-free area, as determined by the Bureau of Animal Industry, United States Department of Agriculture, and which have been tested for tuberculosis not more than two (2) years prior to the adoption of this chapter and tested at least once every year thereafter; provided that herds located in an area that fails to maintain such accredited status or which have an incidence of bovine tuberculosis in excess of two-tenths percent (0.2%) shall have been accredited by said Bureau of Animal Industry as tuberculosis-free or shall have passed an annual tuberculin test. All additions to such herds shall be free from tuberculosis. Said tests and retests shall be made and any reactors disposed of in accordance with the latest requirements approved by the Bureau of Animal Industry, United States Department of Agriculture, for tuberculosis-free accredited herds, in effect at the time of the adoption of this chapter. A certificate identifying each animal, signed by the veterinarian or attested to by the Health Officer and filed as directed by the Health Officer, shall be evidence of the above test.
(2) 
Within one (1) year after the adoption of this chapter, all milk and milk products for pasteurization shall be from herds certified by the State of New Jersey as following either Plan A or Plan B approved by the Bureau of Animal Industry for the eradication of brucellosis. Evidence of this certification shall be filed as directed by the Health Officer. All additions to the herd shall be brucellosis-free. Tests and retests shall be made and any reactors disposed of in accordance with the latest requirements approved by the Bureau of Animal Industry, United States Department of Agriculture, in effect at the time of the adoption of this chapter. A certificate identifying each animal, signed by the veterinarian and the director of the laboratory making the test and filed as directed by the Health Officer, shall be evidence of the above test.
(3) 
Cows which show a complete induration of one (1) quarter or extensive induration in one (1) or more quarters of the udder upon physical examination, whether secreting abnormal milk or not, shall be permanently excluded from the milking herd, provided that this shall not apply in the case of a quarter that is completely dry. Cows giving bloody, stringy or otherwise abnormal milk, but without entire or extensive induration of the udder, shall be excluded from the herd until reexamination shows that the milk has become normal.
(4) 
For other diseases, such tests and examinations as the Health Officer may require after consultation with state livestock sanitary officials shall be made at intervals and by methods prescribed by him, and any diseased animals or reactors shall be disposed of as he may require.
B. 
Milking barns: lighting and ventilation. A milking barn or stable shall be provided with adequate and properly distributed lighting for both day and night milking, and such sections thereof where cows are kept and milked shall be well ventilated and so arranged as to avoid overcrowding.
C. 
Milking barns: floors, walls and ceilings; animals. The floors and gutters of the barn or stable in which cows are milked shall be constructed of concrete or other approved impervious or easily cleaned material, graded so as to drain properly. The interior walls and ceilings thereof shall be whitewashed or painted as often as may be necessary or finished in an approved manner. The entire premises shall at all times be kept clean and in good repair. No swine or fowl shall be permitted in the milking barn or stable.
D. 
Cow yard. The cow yard shall be graded and drained as well as is practicable and shall be so kept that there are no standing pools of water nor accumulations of organic wastes. In loafing and/or cattle-housing areas, manure droppings shall be removed and clean bedding added at sufficiently frequent intervals to prevent the accumulation of manure on cows udders and flanks. Swine shall be kept out.
E. 
Manure disposal. All manure shall be removed once every twenty-four (24) hours and disposed of in such a manner as best prevents the breeding of flies and access of cows to the manure pile.
F. 
Milk house or room: construction and equipment. There shall be provided a milk house or milk room for the cooling, handling and storing of milk and milk products and for the washing, bactericidal treatment and storing of milk containers and utensils.
(1) 
The milk house or room shall be provided with a smooth floor constructed of concrete or other impervious material, maintained in good repair and graded to provide proper drainage.
(2) 
It shall have walls and ceilings of such construction as to permit easy cleaning and shall be well painted or finished in an approved manner.
(3) 
It shall be well lighted and well ventilated.
(4) 
It shall have all openings effectively screened, including outward-opening self-closing doors, unless other effective means are provided to prevent the entrance of flies.
(5) 
It shall be used for no purposes other than those specified above, except as may be approved by the Health Officer; it shall not open directly into a milking barn or stable nor into any room used for domestic purposes; it shall be provided with adequate facilities for heating water to clean utensils; and it shall be equipped with two-compartment, stationary, wash and rinse vats.
The cleaning and other operations shall be located and conducted so as to prevent any contamination of the milk or of cleaned equipment.
G. 
Milk house or room: cleanliness and flies. The floors, walls, ceilings and equipment of the milk house or room shall be kept clean at all times. All necessary means for the elimination of flies shall be used.
H. 
Toilet. Every dairy farm shall be provided with one (1) or more sanitary toilets, conveniently located and properly constructed, operated and maintained so that the waste is inaccessible to flies and does not pollute the surface soil nor contaminate any water supply.
I. 
Water supply. Water for all dairy purposes shall be from a supply properly located, protected and operated and shall be easily accessible, adequate and of a safe, sanitary quality.
J. 
Utensils: construction. All multiuse containers, equipment and other utensils used in the handling, storage or transportation of milk or milk products shall be made of smooth, nonabsorbent, noncorrodible, nontoxic material with the joints and seams welded or soldered flush. When milk is strained, only single-service strainer pads shall be used. All milk pails obtained hereafter shall be of the seamless, hooded type. All single-service articles used shall have been manufactured, packaged, transported and handled in a sanitary manner.
K. 
Utensils: cleaning, bactericidal treatment, storage and handling. Containers and other utensils shall be:
(1) 
Thoroughly cleaned after each usage.
(2) 
Subjected to an effective, approved bactericidal process utilizing steam, hot water, chemicals or hot air.
(3) 
Stored so as to drain dry and not to become contaminated before being used, unless stored in a bactericidal solution.
(4) 
Stored on rust-free racks after bactericidal treatment.
L. 
Milking: udders and teats; abnormal milk. Milking shall be done in the milking barn or stable. The udders and teats of all milking cows shall be clean and wiped with an approved bactericidal solution at the time of milking. Abnormal milk shall be kept out of the milk supply and shall be so handled and disposed of as to preclude the infection of the cows and the contamination of milk utensils.
M. 
Milking: flanks. The flanks, bellies and tails of all milking cows shall be free from visible dirt at the time of milking. All cleansing shall be complete before milking begins.
N. 
Milkers' hands. Milkers' hands shall be washed clean, rinsed with an effective bactericidal solution and dried with a clean towel immediately before milking and immediately after any interruption in the milking operation. Wet-hands milking is prohibited. Convenient facilities shall be provided for the washing of milkers' hands. No person with an infected cut or lesion on hands or arms shall milk cows or handle milk or milk utensils.
O. 
Clean clothing. Milkers and milk handlers shall wear clean outer garments while milking or handling milk, milk products, containers, utensils or equipment.
P. 
Milk stools. Milk stools and surcingles shall be kept clean.
Q. 
Removal of milk. Each pail or can of milk shall be removed immediately to the milk house or straining room. No milk shall be strained or poured in the barn unless it is protected from flies and other contamination.
R. 
Cooling. Milk for pasteurization, unless delivered to a milk plant or receiving station within two (2) hours after completion of milking, shall be cooled immediately to fifty degrees Fahrenheit (50○ F.) or less and shall be maintained at that temperature as determined in accordance with this chapter until delivered.
S. 
Vehicles and surroundings. All vehicles used for the transportation of milk or milk products shall be constructed and operated so as to protect their contents from the sun, from freezing and from contamination. The immediate surroundings of the dairy shall be kept in a clean, neat and sanitary condition at all times.
A. 
Floors, walls, ceilings. The floors of all rooms in which milk or milk products are handled or stored or in which milk utensils are washed shall be constructed of concrete or other approved impervious or easily cleaned material, graded so as to drain properly. The interior walls and ceilings thereof shall be whitewashed or painted as often as may be necessary or finished in an approved manner. The entire premises shall at all times be kept clean and in good repair.
B. 
Doors and windows. All openings to the outer air shall be effectively screened and all doors self-closing unless other approved effective means are provided to prevent access of flies.
C. 
Lighting and ventilation. All rooms shall be well lighted and well ventilated.
D. 
Miscellaneous protection from contamination. The various milk plant operations shall be located and conducted so as to prevent any contamination of the milk or of cleaned equipment. All necessary means shall be used for the elimination of flies, other insects and rodents. There shall be separate rooms for:
(1) 
The pasteurizing, processing, cooling and bottling operations.
(2) 
The washing and bactericidal treatment of containers.
Cans of raw milk shall not be unloaded directly into the pasteurizing room. Rooms in which milk, milk products, cleaned utensils or containers are handled or stored shall not open directly into any stable or living quarters. The pasteurization plant, milk containers, utensils and equipment shall be used for no purposes other than the processing of milk and milk products and the operations incident thereto, except as may be approved by the Health Officer.
E. 
Toilet facilities. Every milk plant shall be provided with toilet facilities conforming with the ordinances of the City of Perth Amboy.[1] Toilet rooms shall not open directly into any room in which milk, milk products, equipment or containers are handled or stored. The doors of all toilet rooms shall be self-closing. Toilet rooms shall be kept in a clean condition, in good repair and well ventilated. A placard or sign directing employees to wash their hands before returning to work shall be posted in all toilet rooms used by employees. Where privies or earth closets are permitted and used, they shall be separate from the building and shall be of a sanitary type, located, constructed and operated in conformity with the requirements of this chapter.
[1]
Editor's Note: See Ch. 326, Plumbing, §§ 326-70 and 326-73.
F. 
Water supply. Water supply sample results shall be available once every six (6) months and done by a laboratory approved by the New Jersey State Department of Health and shall be sent to the Health Officer.
G. 
Hand-washing facilities. Convenient hand-washing facilities shall be provided, including hot and cold running water, soap and approved sanitary towels. Hand-washing facilities shall be kept clean. The use of a common towel is prohibited. No employee shall resume work after using the toilet room without having washed his hands.
H. 
Sanitary piping. All piping used to conduct milk or milk products shall be sanitary milk piping of a type which can be easily cleaned. Pasteurized milk and milk products shall be conducted from one piece of equipment to another only through sanitary milk piping. In-place cleaning shall be accepted when approved by the American Public Health Association and International Association of Milk and Food Inspectors.
I. 
Construction and repair of containers and equipment. All multiuse containers and equipment with which milk or milk products come into contact shall be of smooth, impervious, noncorrodible, nontoxic material and shall be so constructed and so located as to be easily cleaned and shall be kept in good repair. All single-service containers, closures, gaskets and other articles used shall have been manufactured, packaged, transported and handled in a sanitary manner.
J. 
Disposal of wastes. All wastes shall be properly disposed of. All plumbing and equipment shall be so designed and so installed as to prevent contamination of milk equipment be backflow.
K. 
Cleaning and bactericidal treatment of containers and equipment. All milk and milk product containers and equipment, except single-service containers, shall be thoroughly cleaned after each usage. All such containers shall be subjected effectively to an approved bactericidal process after each cleaning and all equipment immediately before each usage. When empty and before being returned to a producer by a milk plant, each container shall be thoroughly cleaned and subjected to an effective, approved bactericidal process.
L. 
Storage of containers and equipment. After bactericidal treatment, all bottles, cans and other multiuse milk or milk product containers and equipment shall be transported and stored in such manner as to be protected from contamination.
M. 
Handling of containers and equipment. Between bactericidal treatment and usage and during usage, containers and equipment shall not be handled or operated-in such a manner as to permit contamination of the milk. Pasteurized milk or milk products shall not be permitted to come into contact with equipment with which unpasteurized milk or milk products have been in contact unless the equipment has first been thoroughly cleaned and effectively subjected to an approved bactericidal process. No milk or milk products shall be permitted to come into contact with equipment with which ungraded or a lower grade of milk or milk products have been in contact unless the equipment has first been thoroughly cleaned and effectively subjected to an approved bactericidal process.
N. 
Storage of caps, parchment paper and single-service containers. Milk bottle caps or cap stock, parchment paper for milk cans, single-service containers and gaskets shall be purchased and stored only in sanitary tubes, wrappings or cartons and shall be kept therein in a clean, dry place until used and shall be handled it a sanitary manner.
O. 
Pasteurization. Pasteurization shall be performed in the manner prescribed in this chapter.
P. 
Cooling. All milk and milk products received for pasteurization shall be cooled immediately in approved equipment to fifty degrees Fahrenheit (50° F.) or less and shall be maintained at that temperature until pasteurized, unless they are to be pasteurized within two (2) hours after receipt, and all pasteurized milk and milk products, except those to be cultured, shall be cooled immediately in approved equipment to a temperature of fifty degrees Fahrenheit (50° F.) or less and shall be maintained thereat until delivery, as hereinbefore provided in this chapter.
Q. 
Bottling and packaging. Bottling and packaging of milk and milk products shall be done at the place of pasteurization in approved mechanical equipment.
R. 
Overflow milk. Overflow milk or milk products shall not be sold for human consumption.
S. 
Capping. Capping of milk and milk products shall be done in a sanitary manner by approved mechanical equipment. Handicapping is prohibited. The cap or cover shall protect the pouring lip to at least its largest diameter.
T. 
Personnel health.
(1) 
The Health Officer shall have examined each person connected with a pasteurization plant or about to be employed by one whose work will bring him into contact with the processing, handling, storage or transportation of milk, milk products, containers or equipment. If such examination or history should suggest that such person may be a carrier of or infected with the organisms of typhoid or paratyphoid fever or any other communicable disease likely to be transmitted through milk, the Health Officer shall secure appropriate specimens of body discharges and cause them to be examined in a laboratory approved by him or by the state health authorities for such examinations, and if the results justify, such person shall be barred from such employment.
(2) 
Such persons shall furnish such information, submit to such physical examinations and submit such laboratory specimens as the Health Officer may require for the purpose of determining freedom from infection.
(3) 
No person with an infected cut or lesion on hands or arms shall handle milk, milk products, milk containers or milk equipment.
U. 
Personnel cleanliness. All persons who come into contact with milk, milk products, containers or equipment shall wear clean outer garments and shall keep their hands clean at all times while engaged in such work.
V. 
Vehicles.
(1) 
Closed trucks used for the transportation of milk or milk products shall be constructed and operated so as to protect their contents from the sun, from freezing and from contamination. Closed trucks used for the distribution of milk or milk products shall have the name of the distributor prominently displayed thereon.
(2) 
Milk tank cars and tank trucks shall comply with the construction, cleaning, bactericidal treatment, storage and handling requirements as hereinbefore provided. While containing milk, cream or milk products, they shall be sealed and labeled in an approved manner. For each tank shipment, a bill of lading containing all necessary information shall be prepared in triplicate and shall be kept on file by the shipper, the consignee and the carrier for a period of six (6) months for the information of the Health Officer.
A. 
No person who is affected with any communicable disease or is a carrier of such disease shall work at any dairy farm or milk plant in any capacity which brings him in contact with the production, handling, storage or transportation of milk, milk products, containers or equipment; and no dairy farm or milk plant shall employ in any such capacity any such person or any person suspected of being affected with any communicable disease or a carrier thereof. Any producer or distributor of milk or milk products upon whose dairy farm or in whose milk plant any communicable disease is discovered or who suspects that any employee has contracted any such disease or is a carrier thereof shall notify the Health Officer immediately. A placard containing this section shall be posted in all toilet rooms of dairy farms and milk plants.
B. 
When suspicion arises as to the possibility of transmission of infection from any person concerned with the handling of milk or milk products, the Health Officer is authorized to require:
(1) 
The immediate exclusion of that person from milk handling.
(2) 
The immediate exclusion of the milk supply concerned from distribution and use.
(3) 
Appropriate medical and bacteriological examination of said person and his associates.
A. 
No milk producer or distributor shall transfer milk or milk products from one container to another on the street or in any vehicle or store or in any place except a bottling or milk room especially used for that purpose. The sale of dip milk is hereby prohibited.
B. 
Milk and fluid milk products sold in the distributor's containers in quantities less than one (1) gallon shall be delivered in standard milk bottles or in single-service containers. It shall be unlawful for hotels, soda fountains, restaurants, groceries and similar establishments to sell or serve any milk or fluid milk product except in the original container in which it was received from the distributor or from a bulk container equipped with an approved dispensing device; provided that this requirement shall not apply to cream, whipped cream or half-and-half which is consumed on the premises and which may be served from the original bottle or from a dispenser approved for such service, nor to milk served at hospitals and institutions, which may be served from one-quart containers packaged at a milk plant, nor to mixed milk drinks requiring less than one-half (1/2) pint of milk, which may be poured from one-quart or two-quart containers packaged at a milk plant.
C. 
It shall be unlawful for any hotel, soda fountain, restaurant, grocery, hospital or similar establishment to sell, serve, furnish or dispense any milk or milk products which have not been maintained, while in its possession, at a temperature of fifty degrees Fahrenheit (50° F.) or less and held in its possession for more than fifty-four (54) hours.
D. 
It shall be the duty of all persons to whom milk or milk products are delivered to clean thoroughly the containers in which such milk or milk products are delivered before returning such containers. Apparatus, containers, equipment and utensils used in the handling, storage, processing or transporting of milk or milk products shall not be used for any other purpose without the written permission of the Health Officer.
E. 
The delivery of milk or milk products to and the collection of milk or milk product containers from residences in which cases of communicable disease transmissible through milk supplies exist shall be subject to the special requirements of the Health Officer.
[Amended 5-1-57 by Ord. No. C-567]
A. 
It shall be unlawful for hotels, soda fountains, restaurants, grocery stores, hospitals and other similar establishments to sell, dispense, furnish or serve any milk or milk products except in the individual original containers in which received from the distributor; provided, however, that homogenized milk or cream to be consumed on the premises may be sold, dispensed, furnished or served by the glass from mechanical refrigerated dispensers which are approved by the Health Officer and for which dispenser the operator of the place of business where such milk dispensing device is to be used has applied for in writing and secured a license to operate said dispensing device. The annual license fee for each such dispenser shall be five dollars ($5).
B. 
License for milk vending machines; fee.
(1) 
It shall be unlawful for any person to sell, offer for sale, furnish, vend or deliver milk, flavored milk or flavored dairy drink in individual original containers in which and as received from the distributor, from or by means of a mechanical or automatic milk vending machine or device in this city, without first having obtained a license to do so from the Director. Only a person who fully complies with the requirements and provisions of this chapter shall be entitled to receive and retain the license referred to in this subsection.
(2) 
The annual license fee for each such milk vending machine or device shall be twenty-five dollars ($25). A license shall be issued for one (1) calendar year, and all licenses issued during any calendar year shall expire on December 31 of the year of issuance. The Director may require a new application before any new license is issued.
C. 
The application for the license referred to in the preceding subsection shall be made in writing and in accordance with this and other pertinent sections of this chapter and shall include the name and address of the applicant, the name and address of the owner or lessee of the vending machine or device, the address of the premises and exact location on said premises where the vending machine or device is to be installed, the name and address of the owner of the premises, description of available facilities for keeping and maintaining the vending machine or device in a sanitary condition, a full and complete description of the machine or device and a description of the manner in which the preservation of the milk or milk product will be assured.
D. 
A mechanical or automatic milk vending machine or device not located within a building or structure shall be set back at least four (4) feet from the property line, and no such machine or device shall be installed or placed in the interior of any premises in such a manner, position or location as to constitute a hazard or danger to the occupants or users of said premises.
E. 
Every milk vending machine or device shall have clearly indicated on the exterior thereof and in clear view a concise and accurate description of the product being dispensed by said machine or device.
F. 
The Health Officer is hereby authorized to enter upon premises to inspect all milk dispensing and milk vending machines or devices as often as he deems necessary, at reasonable hours, to ensure full compliance with the provisions of this section.
All dairies and milk plants from which milk or milk products are supplied to this city, which are hereafter constructed or extensively altered, shall conform in their construction to the sanitary requirements of this chapter. Properly prepared plans for all dairies and milk plants which are hereafter constructed, reconstructed or extensively altered shall be submitted to the Director for approval before work thereon is begun. In the case of milk plants, a signed approval shall be obtained from the Director and/or state health authority.
A. 
This chapter shall be enforced by the Director in accordance with the applicable interpretations thereof contained in the 1953 Edition of the United States Public Health Service Milk Code, a certified copy of which shall be on file in the City Clerk's office; provided, however, that if the minimum standards as set forth in any section or part thereof of this chapter are lower than as provided by state law, then in that event the minimum requirements of the state law shall apply to said section or part thereof.
B. 
The Director is further authorized to enforce any part of this chapter which may not be covered by either the aforesaid code or state law, by applying his interpretation thereof in the best interest of the public health and welfare.
Any person who shall violate any provisions of this chapter shall be fined not exceeding one hundred dollars (100) for each violation, at the discretion of the court. This penalty may be imposed in addition to the suspension or revocation of a license as provided for in § 295-6.
[1]
Editor's Note: Amended at time of adoption of Code; see Ch. 1, General Provisions.