A. 
No person shall distribute or sell, or offer for sale or have in his possession with intent to distribute, sell or offer for sale, within the Borough of Montvale, any milk, cream, ice cream or ice mix, unless such person shall have first obtained a license therefor from the Board, covering each premise or place from which the same is distributed, sold or offered for sale, or intended to be distributed, sold or offered for sale, and a license or licenses covering each vehicle from which the same is distributed, sold or offered for sale, or intended to be distributed, sold or offered for sale.
B. 
A separate license is required and must be obtained for each place of business used for any of the purposes set forth in this chapter and for each vehicle used for any of the said purposes.
C. 
Every license, tag or tags, and every other evidence issued by the Board as proof of the granting of such license or licenses, together with the number of the license, shall be prominently displayed in the premises so licensed and on each vehicle so licensed.
D. 
The Board may at any time refuse to issue a license to any person who:
(1) 
Has been convicted of violating any provisions of this chapter.
(2) 
Has failed or refused to comply with the lawful demands and requirements of the Board relating to the conduct of any businesss regulated by this Sanitary Code.
(3) 
Through negligence in the handling and preparation of milk, cream, ice cream or ice cream mix, has disseminated contagious disease.
(4) 
Maintains his milk house, stable, milk plant or other place where milk or milk products, ice cream or ice cream mix are produced, handled, processed, stored, distributed, sold or offered for sale in any condition detrimental to health.
A. 
No milk or cream shall be sold, offered for sale, delivered or distributed in the Borough in containers other than those sealed at the place of production or pasteurization, except when used for manufacturing purposes, commercial cooking, baking and milkshakes or when served in restaurants or similar establishments intended to be mixed or used with coffee, tea or similar beverages, if such milk or fluid milk product is derived by the restaurant owners or other operators from original bottles or similar sealed containers containing not more than one quart.
B. 
The use of milk pumps in the sale, delivery or distribution of milk or cream in the Borough is prohibited, unless the pump so used is specifically approved by the Board or unless pumps of a type approved by the Board are so used.
A. 
All containers of milk, cream or fluid dairy products, shall be sealed with a cap or other approved device and labeled with labels containing the following information:
(1) 
Name of producer or distributor and, if the distributor sells or delivers milk for more than one producer or locality, the name of the locality of production or of bottling or of packaging.
(2) 
Day of pasteurization, homogenization, or certification.
B. 
Bottles of milk and cream shall have a closure hood or cap that thoroughly protects the pouring lip of the bottle.
A source of supply of milk or fluid milk products from which there has been no regular sales in the Borough for a period of six months by a dealer licensed to sell milk and/or fluid milk products shall be considered an unapproved source of supply. Before any milk or fluid milk products may be sold, offered for sale or distributed in the Borough from such source of supply, it shall be necessary for the Board to approve such source of supply.
No milk, or cream, or milk product shall be sold, offered for sale or distributed in the Borough unless the samples, as shown by analysis made by or for the Board, meet the standards of bacterial count, butterfat and total solids prescribed in this chapter. The Board shall have power to prohibit the sale or distribution of any milk, cream or milk product found to contain preservatives or found to be lacking in the prescribed standards from samples taken or, in emergency, to prevent the spread of contagious disease.
Every processor, bottler or manufacturer of milk, cream, ice cream or other dairy foods, excepting those which reach the consumer in hermetically sealed, heat-sterilized packages (cans) and butter and cured (cheese), whose products are sold or distributed in the Borough shall, each month, have samples of each of their products collected from either plants, depots, distributing points, or vehicles and analyzed chemically and bacteriologically by standardized methods in a laboratory approved by the New Jersey State Department of Health.
A. 
Fat and total solids contents shall conform with or exceed the minima required by N.J.S.A. 24:10-57.1 et seq., and any other laws or regulations of the Department of Health of the State of New Jersey. The ratio of butterfat to other solids in fluid milk and cream and acidities shall be the characteristics of normal fresh products.
[Amended at time of adoption of Code by the Board of Health (see Ch. 405, General Provisions, Board of Health, Art. I)]
B. 
All milk intended for sale or distribution as fluid milk shall demonstrate, when tested by standardized procedures, by licensed personnel, that it:
(1) 
Is derived from healthy cattle, maintained free from udder infection.
(2) 
Contains no greater than the following bacterial concentrations per ml, sampled:
(a) 
From entire twenty-four-hour herd shipments of raw milk, on arrival at receiving stations;
(b) 
From blended raw milk immediately before bottling or heat treatment; and
(c) 
From packages immediately before delivery to consumers; these latter shall contain:
Milk For
(a)
(b)
(c)
Consumption raw*
20,000
40,000
50,000
Superior** pasteurized
30,000
100,000
10,000
Regular pasteurized
150,000
400,000
30,000
*Milk for consumption raw shall be derived only from Brucella-negative herds, whose animals shall be blood tested at least once every three months.
**Superior by any symbol, devise, designation, representation or statement.
(3) 
When identified as "pasteurized," demonstrate no dairy phosphatase enzyme activity; when identified as raw, demonstrated dairy phosphatase enzyme activity characteristic of raw product.
(4) 
When identified as "homogenized," demonstrate a difference of butterfat content between the top four ounces and the balance of a quart container, after 48 hours refrigerated storage following processing, of not more than 10%.
(5) 
When identified as "sonic vibrator treated" (or its equivalent), or when represented as "soft curd," after 48 hours of refrigerated storage following processing, demonstrate a curd tension of less than 30 grams.
C. 
Consumer packages of pasteurized cream, flavored milk and drink, and frozen ice cream shall demonstrate bacterial concentrations of less than 30,000 colonies per ml, not more than two coliforms per ml or gram, and no dairy phosphatase enzyme activity.
D. 
Consumer packages of cultured milk and drink, other cultured products, and unripened cheese shall demonstrate not more than two coliforms per ml or gram, and no dairy phosphatase enzyme activity.
E. 
Consumer packages of pasteurized cream, flavored milk and drink, frozen ice cream, cultured milk and drink, other cultured products and unripened cheese, represented as "superior" by any symbol, device, designation, representation or statement, shall be derived from milk adhering to the standards for milk for "superior" pasteurized milk.
F. 
All milk shall be coliform-free.
G. 
All milk or cream sold or distributed within the Borough shall be either pasteurized, as otherwise required by law, or certified in accordance with the law. Under no circumstances shall uncertified raw milk or raw cream be sold or offered for sale in this Borough.
All dairy sanitation and hygiene in connection with the milk, cream and milk products sold or distributed in the Borough shall be in accordance with the Laws of the State of New Jersey.
All ice cream and other frozen dairy products sold, distributed or offered for sale in the Borough shall be made frozen, handled and processed in accordance with the Laws of the State of New Jersey.