No nonfluid dairy products shall be sold, offered for sale or
distributed in the Borough of Somerville except by persons licensed
so to do by the Board of Health of said borough.
No person shall apply to the Board of Health of the Borough
of Somerville, in the County of Somerset for a license to sell, offer
for sale or deliver ice cream, ices and sherbets, flavored milk and
drink preparations, toppings constituted wholly or partially of dairy
products, cultured milk preparations and cultured sour creams, hereinafter
referred to as "nonfluid dairy products," unless he possesses a current
license to produce, process and distribute such products issued by
the New Jersey State Department of Health.
A.
All applications for licenses to sell, offer for sale or distribute
nonfluid dairy 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. Following the filing of an application for
any such license, 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 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 payment
of the appropriate license fee (to accompany the application), the
Board of Health shall issue a license. Said license shall remain effective,
unless earlier revoked or suspended for cause, until the last day
of June following the date of issuance thereof. The following fee
schedule for milk and milk product licenses shall be in effect:
[Amended 6-25-69; 1-28-81]
(1)
Retail milk license for the first vehicle or location to be used
by the licensee for the sale of milk or milk products: six dollars
($6).
(2)
Retail milk license for each additional location or vehicle: three
dollars ($3).
(3)
Wholesale milk license for the first vehicle or location to be used
by the licensee for the sale of milk or milk products: twenty dollars
($20).
(4)
Wholesale milk license for each additional vehicle or location: five
dollars ($5).
On and after January 15, 1950, only pasteurized nonfluid dairy
products shall be permitted to be sold, offered for sale or distributed
in said borough.
A.
When delivered to consumers, pasteurized nonfluid dairy 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 nonfluid dairy 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.
Ice cream, in the finished product, shall contain not less than ten
percent (10%) of butterfat by weight, except when fruits or nuts,
or both, are used for flavoring, when it shall contain not less than
eight percent (8%) of butterfat by weight.
D.
Ice creams, sherbets and ices, flavored milk and drink preparations
and toppings shall not contain more than one hundred thousand (100,000)
bacteria per cubic centimeter upon test by current cultural plating
method approved by the Board of Health.
E.
All applicants shall, before applying for licenses to sell, offer
for sale or deliver nonfluid dairy products in said borough, provide
a control system which shall, at least monthly, determine the adherence
of the nonfluid products they manufacture to the applicable standards
herein set forth and established. A record of their nonfluid products
quality control for the last three (3) months shall be appended to
and made a portion of their applications.
F.
All licensees licensed to sell, offer for sale or distribute nonfluid
dairy products in said borough shall, at least once each month, file
a report in writing with the Health Officer or Secretary of the Board
of Health, showing the results of chemical and bacteriological analysis
of their products, determined as the result of tests thereof made
by methods currently approved by the New Jersey State Department of
Health. The report shall fully identify the analysis of the product
analyzed and shall be filed with the Health Officer or Secretary of
the Board of Health immediately after completion of the tests.
G.
All packages of flavored milk and drink preparations, cultured milk
preparations and cultured sour creams shall be provided with closures
which shall fully protect the pouring lip, be tamperproof and shall
substantially prevent the contamination of the contents.
H.
All packages of flavored milk and drink preparations, cultured milk
preparations and cultured sour creams shall contain a statement of
the day of the 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).
I.
The day of packaging of toppings other than frozen shall be clearly
shown by designating the specific day of the year.
J.
Nonfluid dairy products which are customarily frozen in their processing
and sold, offered for sale or distributed in frozen condition shall
be code-marked in bulk or consumer-size container to identify the
place of preparation and the date of processing. Items designed for
individual use, such as ice-cream novelties, shall be packaged in
such manner that handling of the contents by other than the ultimate
consumer is avoided. Packages for such items shall, before employment
thereof, be approved by the Health Officer of said borough or a duly
authorized inspector or agent of the Board of Health.
K.
The premises where nonfluid dairy products are packaged shall be
clearly identified on the label. Supplies made available by licensed
distributors shall originate only from licensed plants.
Nonfluid dairy products served or sold to consumers in retail
establishments shall be dispensed only by methods and with devices
approved by the Health Officer of said borough or a duly authorized
inspector or agent of the Board of Health.
All premises on which the ingredients of nonfluid dairy products
are produced, collected, processed and distributed, when the ultimate
nonfluid 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 nonfluid dairy products
or of the components from which they are derived shall be furnished,
whenever required for analysis, to the Health Officer of said borough
or a duly authorized inspector or agent of the Board of Health.
