No fluid milk products shall be sold, offered for sale or distributed
in the Borough of Somerville, in the County of Somerset, except by
persons licensed so to do by the Board of Health of said borough.
No person shall apply to the Board of Health for a license to
sell, offer for sale or deliver milk, modified milk, skim milk or
sweet creams, hereinafter referred to as "fluid milk products," unless
he possesses a current license issued by the New Jersey State Department
of Health.
A.
All applications for licenses to sell, offer for sale or distribute
fluid milk products in said borough shall be addressed to the Board
of Health of said borough and shall be filed with the Health Officer
of said borough, and at the time of the filing of every such application
there shall also be produced before the Health Officer evidence that
the applicant, including its producing, processing and distributing
subdivisions, complies with all of the laws of the State of New Jersey
and all of the regulations of the New Jersey State Department of Health.[1]
B.
Upon application's being made for a license as required by the provisions of Subsection A of this section, and whenever required by the Board of Health or its Health Officer, inspector or agents, there shall be filed by the applicant a verified written statement of the applicant's entire source of supply of fluid milk products. This statement shall contain a statement of the grade or grades and classifications of fluid milk products which the applicant proposes to sell and the names and post office addresses of the owners of each dairy, creamery, receiving station, bottling place and pasteurizing plant from which said supply is procured, and shall bear the signature of the applicant. Before any change is made in the source of supply or any additional supply is received, written permission so to do must first be obtained from the Board of Health or its duly authorized agents.
C.
No fluid milk products shall be sold or delivered in the Borough
of Somerville which shall have been produced by cows while in the
hands of a cattle dealer or dealers.
A.
Following the filing of an application for a license to sell, offer
for sale or deliver fluid milk products in said borough, the Health
Officer of said borough or a duly authorized inspector or agent of
the Board of Health shall, as he may deem it necessary to the public
health, investigate the sources, production, processing and distributing
facilities, practices and records of the applicant and shall report
his findings to the Board of Health of said borough.
B.
Upon approval of the application by said Board of Health and upon
payment of a license fee of four dollars ($4) for the first place
or vehicle to be used by the licensee in the borough in the distribution
or sale of fluid milk products, plus two dollars ($2) for each additional
place or vehicle so to be used by the licensee, which fees shall accompany
the license application, the Secretary or, in his absence, the President
of the Board of Health shall issue a license, which shall remain effective,
unless earlier revoked or suspended for cause, until the last day
of June following the date of issuance thereof.
[Amended 6-25-69]
On and after January 15, 1950, only pasteurized fluid milk products
shall be permitted to be sold, offered for sale or distributed in
the borough.
A.
When delivered to consumers, pasteurized fluid milk products shall
be completely free of any dairy phosphatase enzyme as disclosed by
test method currently approved by the New Jersey State Department
of Health.
B.
When delivered to consumers, pasteurized fluid milk products shall
not contain more than two (2) coliform organisms per milliliter as
disclosed by test method currently approved by the New Jersey State
Department of Health.
C.
Milk distributed or sold as New Jersey Grade A pasteurized milk shall
contain not less than twelve and seventy-five hundredths percent (12.75%)
total solids and not less than four percent (4%) milk fats and shall
not contain more than fifty thousand (50,000) bacteria per cubic centimeter,
official plate count, before pasteurization nor more than ten thousand
(10,000) bacteria per cubic centimeter, official plate count, at any
time between pasteurization and delivery to the consumer.
D.
Milk distributed or sold as New Jersey Grade B pasteurized milk shall
contain not less than eleven and eighty-five hundredths percent (11.85%)
total solids and not less than three and five-tenths percent (3.5%)
milk fats and shall not contain more than one hundred thousand (100,000)
bacteria per cubic centimeter, official plate count, before pasteurization
nor more than twenty thousand (20,000) bacteria per cubic centimeter,
official plate count, at any time between pasteurization and delivery
to the consumer.
E.
Cream.
(1)
Cream may be labeled under the grade designation as either "light"
or "heavy." If labeled "light," it must contain at least twenty percent
(20%) of butterfat. If labeled "heavy," it must contain at least forty
percent (40%) butterfat.
(2)
Cream distributed or sold as either light or heavy cream must not
contain more than ninety thousand (90,000) bacteria per cubic centimeter,
official plate count, at any time between separation and delivery
to the consumer.
F.
After forty-eight (48) hours' storage in undisturbed vertical
position at a temperature of forty to forty-five degrees Fahrenheit
(40° to 45°F.), the top ten percent (10%) of the contents
of a container of pasteurized fluid milk, identified or represented
as "homogenized," carefully poured therefrom, shall contain a butterfat
content not greater than ten percent (10%) in excess of the butterfat
content of the balance of the contents of the container. The test
method used to establish the butterfat content shall be currently
approved by the New Jersey State Department of Health.
G.
Pasteurized fluid milks identified or represented as "soft curd"
shall contain not more than thirty (30) grams of curd tension as disclosed
by test method currently approved by New Jersey State Department of
Health.
H.
The production and processing of pasteurized fluid milk products
and of the raw supplies from which they are derived shall be satisfactory
to the Board of Health of said borough if produced and processed in
strict accordance with the rules and regulations of the New Jersey
State Department of Agriculture pertaining to New Jersey official
Grades A and B pasteurized milks and creams, provided the raw supplies
as produced by individual shippers, the blended raw supplies and the
individual pasteurized fluid products derived from them shall be sampled
and tested at least once each month by or under the direction of either
the New Jersey State Department of Agriculture or the Health Officer
of said borough, or a duly authorized inspector or agent of the Board
of Health, and satisfactory reports of all tests thereof are filed
with the Health Officer or with the Secretary of the Board of Health.
I.
All packages of fluid milk products for distribution to consumers
shall be provided with closures which shall fully protect the pouring
lip, be tamperproof and substantially prevent the contamination of
the contents.
J.
Labeling.
(1)
All packages of pasteurized fluid milk, modified milk and skim milk
shall contain a statement of the day of the week on which pasteurized,
either by the clause "Pasteurized....." (day) or "Pasteurized in the
24-hour period ending 6:00 a.m....." (the day following pasteurization).
(2)
All packages of pasteurized sweet creams shall contain a statement
of the day of week of packaging, either by the clause "Packaged (or
"bottled")....." (day) or "Packaged (or "bottled") in the 24-hour
period ending 6:00 a.m....." (the day following packaging or bottling).
K.
Fluid milk products except only sweet creams, shall be packaged immediately
following pasteurization, processing and cooling. Where sweet creams
are packaged at premises other than those where processed, the labeling
shall clearly identify the place of packaging. Supplies made available
by licensed distributors shall originate only from licensed plants.
L.
Milk distributed or sold as either New Jersey Grade A or New Jersey
Grade B pasteurized milk shall be delivered to the consumer within
a period of forty-eight (48) hours from the time of production.
M.
Cream distributed or sold as light or heavy pasteurized cream must
be delivered to the consumer within forty-eight (48) hours after separation
and within ninety-six (96) hours after production of the milk from
which the cream is separated.
N.
No fluid milk product shall be pasteurized more than once.
Milk, modified milk, skim milk and sweet creams shall be served
or sold to consumers in retail establishments only in the original
containers in which they were furnished by the distributing agencies,
provided that at restaurants, fountains, etc., milk or cream for coffee
or tea or similar beverages and as a portion in the serving of salads
and desserts may be dispensed from devices approved by the Health
Officer or a duly authorized inspector or agent of the Board of Health.
All premises on which fluid milk products are produced, collected,
processed and distributed, when the ultimate fluid products are designed
for distribution in said borough, shall be open at all reasonable
times for inspection by the Health Officer of said borough or a duly
authorized inspector or agent of the Board of Health, and, in emergencies,
shall be open for such inspection at any time as shall be requested.
Samples of fluid milk products or of the raw supplies from which they
are derived shall be furnished, whenever required for analysis, to
the Health Officer or a duly authorized inspector or agent of the
Board of Health.
The Board of Health may by resolution require that all fluid
milk products of each classification or grade produced, handled, stored
or processed for sale or delivery in the borough be kept separate.
Upon written request by the Secretary of the Board of Health,
the Health Officer or any inspector of the Board of Health, the holder
of any license shall file with the Secretary of the Board of Health
or the Health Officer, within such time as may be fixed in said request,
not less than ten (10) days from the receipt thereof, a verified statement
of the total amount of each grade or classification of milk, cream
or buttermilk or other fluid milk product received, sold, delivered
and disposed of daily, weekly, monthly or during any given period
and the manner of distribution, and shall also, when requested, file
with the Health Officer or the Secretary of the Board of Health a
statement of whether any milk, cream or buttermilk or other fluid
milk product has been delivered by him to any person named in such
request, suspected or known to have any contagious, infectious or
venereal disease, or to any place where such person may live or work
and the last date of such delivery and the last date of collection
of milk or cream containers therefrom.
A.
All milk, cream, buttermilk and other fluid milk products shall be
delivered in bottles or single-service containers, except that ten
(10) quarts or more may be delivered to a single customer in a can
which is sealed on opposite sides at the creamery, bottling place
or dairy and having such seals intact at the time of delivery.
B.
Milk bottles or containers must not be used for any other purpose
than as receptacles for milk, cream or buttermilk or fluid products
thereof.
C.
No fluid milk product shall be left at any quarantined house, apartment
or other premises except in single-service containers of a type approved
by the Board of Health or the Health officer.
D.
No person shall remove any milk bottle or bottles from any house,
apartment or other premises wherein a contagious, infectious, venereal
or other disease detrimental to the public health exists or has existed
until he has first obtained permission in writing from the Board of
Health or the Health Officer to do so. Before being refilled, all
milk bottles removed from any such premises must be thoroughly washed
and sterilized by a method approved by the Board of Health.
