[R.O. 1966 § 12:4-1]
a.
CATTLE DEALERS, DAIRYMEN
DISTRIBUTOR or MILK DISTRIBUTOR
FLUID MILK PRODUCTS
FROZEN DESSERTS
MILK PRODUCTS
SPECIAL FROZEN DIETARY FOODS
As used in this chapter:
Shall mean and include all dairies on farms where the practice
of buying and selling cattle constitutes a definite business project
apart from the fundamental business of producing and selling milk.
Shall mean 1. any person who produces and sells, offers for
sale or distributes any milk or fluid milk products to consumers,
to stores or to restaurants for human consumption as such; or 2. any
person other than any owner or operator of a store or restaurant who
purchases milk or fluid milk products for resale or distribution for
human consumption.
Shall mean and include the following products: milk, cream,
certified milk, skim milk, skimmed milk, non-fat milk, non-fat fortified
milk, fortified skim milk, fortified skimmed milk, flavored milk,
dairy drink, buttermilk, cultured buttermilk, cultured skim milk,
cultured milk, cultured sour cream, cultured salad cream, yogurt,
cultured or sour half-and-half, Vitamin D milk, Vitamin D fluid milk
products, homogenized milk, modified milk, ice cream mix, ice milk
mix and half-and-half.
Shall mean and include: ice cream, frozen custard, French
ice cream, French custard ice cream, sherbet, fruit sherbet, ice milk,
ice, water ice, quiescently frozen confection, bisque tortoni, artificially
sweetened ice cream, or artificially sweetened ice milk as defined
in the definitions and standards of identity adopted and promulgated
as rules and regulations by the State Department of Health.
Shall mean and include: ice cream, ice milk, sherbets, butter,
butter oil, the various types of cheeses, dried milk, dried skim milk,
and any other food for human consumption made from milk or cream or
both and designated as a milk product by the State Department of Health.
Shall mean and include any frozen milk products which includes
a combination of one or more of the ingredients used in the manufacture
of ice cream no matter under what coined or trade name it may be sold
or offered for sale, the process of which is similar to the process
of manufacture of ice cream, and which contains added vitamins, minerals
or edible carbohydrates approved by the State Department of Health.
b.
All other terms, words and phrases used in this chapter and not defined
in paragraph a of this section shall have the meaning given in N.J.S.
24:10-57.1.
[R.O. 1966 § 12:4-2]
a.
No person shall engage in the business of selling, transporting or
distributing milk or fluid milk products in the City or shall keep
for sale or have in his possession with intent to sell any milk or
fluid milk products, or shall distribute or sell from a vehicle any
milk or fluid milk products without having first obtained a license
to do so from the Health Officer.
b.
The requirements of paragraph a of this section shall not be construed
to dispense with any specific requirement in these Revised General
Ordinances for a license or permit for any business or vehicle dealing
in milk or milk products or fluid milk products or frozen desserts
or special frozen dietary foods.
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CROSS REFERENCE: For additional requirements pertaining to permits and licenses, see Sections 13:4-14 (collection of milk); 13:415 (shipping of milk into City); 13:4-16 (manufacture or sale of ice cream and ices); 13:4-50 (milk dispenser sales); 13:4-68 (ice cream peddlers).
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[R.O. 1966 § 12:4-3]
Nothing in this chapter shall be construed to require a license
for the sale or distribution of condensed or evaporated milk in hermetically
sealed cans.
[R.O. 1966 § 12:4-4]
Application for the license required by Section 13:4-2 shall be made upon a printed form to be supplied by the Health Officer and shall contain all the information required by the Health Officer.
[R.O. 1966 § 12:4-5; Ord. 6PSF-E, 8-6-2014]
a.
No license to sell, transport or distribute milk or fluid milk products
shall be issued until the Health Officer shall be satisfied that the
applicant's store or other place where milk or fluid milk products
are to be sold, distributed, kept for sale or offered for sale, or
the applicant's wagon, automobile or other vehicle from which milk
or fluid milk products are to be sold or delivered meet the rules,
regulations and requirements of the Department of Health and Community
Wellness and of this chapter.
b.
All inspections which this chapter makes prerequisite to the issuance
or renewal of any license shall be carried out to the satisfaction
of the City before any such license is issued or renewed.
c.
The City reserves the right to refuse to issue a license to sell,
transport, distribute or hold in possession with intent to sell any
milk or fluid milk products until satisfied of the following facts:
1.
That the milk or fluid milk products to be sold, transported, distributed
or held in possession for sale are of the standard and quality required
by and produced, handled, processed and transported in accordance
with the rules and regulations established by the State Department
of Health as well as the statutes of the State Department of Health
as well as the statutes of the State and the provisions of this chapter
with relation thereto.
2.
That unapproved milk or fluid milk products are not permitted entry
into any building or place for which milk or fluid milk products are
sold, held for sale, transported or distributed for consumption in
the City.
3.
That proper refrigeration facilities are provided and maintained
for the storage, transportation or distribution of milk or fluid milk
products at a temperature of at least 50° F. or lower.
4.
That laboratory and field inspection service satisfactory to the
Department of Health and Community Wellness is maintained at the source
of supply.
[R.O. 1966 § 12:4-6]
No license shall be issued to any person as a distributor of
milk or fluid milk products unless his/her premises are used exclusively
for milk or fluid milk products business. Any violation of this section
shall be sufficient cause for the revocation of the license. Exceptions
may be made, however, by the Health Officer, when in his judgment,
such exceptions will not endanger the wholesomeness of the milk or
fluid milk products stored in such premises.
[R.O. 1966 § 12:4-7; New; amended 12-21-2021 by Ord. No.
6PSF-a(s), 12-21-2021]
All licenses issued, and renewals thereof, under this chapter
shall be for a period of two years from the date of issuance.
[R.O. 1966 C.S. 12:4-8; Ord. 2-15-1984 § 1; amended 12-21-2021 by Ord. No.
6PSF-a(s), 12-21-2021]
The fee for license required by Section 13:4-2 shall be $20 for each store or other place where milk or fluid milk products are sold, distributed, kept for sale or offered for sale and $10 for each wagon, automobile or other vehicle from which milk or fluid milk products are sold or delivered.
[R.O. 1966 § 12:4-9]
Licenses to sell milk or fluid milk products shall be kept at
all times posted where they can be readily seen in any store or other
place where milk or fluid milk products are sold, kept for sale or
offered for sale. The metal plate furnished by the City shall be affixed
on every automobile or other movable vehicle from which milk or fluid
milk products are sold or delivered.
[R.O. 1966 § 12:4-10]
The Health Officer may issue temporary or emergency licenses
for limited periods and for limited quantities of milk or fluid milk
products to those persons qualified, in the opinion of the Health
Officer, in order that a sufficient supply shall always be available
to the people of the City.
[R.O. 1966 § 12:4-11]
Licenses issued under this chapter shall not be transferable.
[R.O. 1966 § 12:4-12]
a.
Any license issued for the sale, holding in possession for sale,
distribution or transportation of milk or fluid milk products may
be revoked for cause, after a hearing before the Health Officer. A
printed or written notice setting forth charges, and the time and
place of such hearing, shall be served upon the person to whom the
license was issued, by leaving such notice at the place where the
licensee conducts his business, at least five days prior to the date
of such hearing. The Health Officer, pending the hearing, may suspend
such license before such hearing if in his judgment the protection
of the public health and welfare so demands. In such event it shall
be unlawful for the licensee to engage in the business for which he
was licensed.
b.
A licensee twice convicted of violating any of the provisions of
this chapter governing the adulteration, standards or misbranding
of milk or fluid milk products may have his license revoked. No new
license shall be granted to such licensee for a period of two years.
[R.O. 1966 § 12:4-2013]
The Health Officer may order any person who holds a license
to sell, distribute or transport milk or fluid milk products, to exclude
for a specified period of time the milk from any dairy or the milk
or fluid milk products from any milk plant failing to comply with
any of the provisions of this chapter. The Health Officer may suspend
or revoke the license of any licensee for failure to comply with such
order.
[R.O. 1966 § 12:4-14]
a.
No person shall distribute, sell or hold for sale or manufacture
into fluid milk products, any milk or cream which has been collected
or assembled from a dairy or dairies into any creamery, milk plant
or other establishment in which milk or cream is handled, processed
or stored or manufactured into milk products or from which milk, cream
or fluid milk products are shipped, transported or imported for the
purpose of distribution, sale or resale, and no person shall distribute,
sell or hold for sale any milk or cream which for any other purpose
has been collected or assembled from a dairy or dairies, within the
City, unless the person engaged in collecting or assembling such milk
or cream shall have first obtained a permit from the Health Officer
to engage in such business.
b.
All such permits shall expire on the 31st day of December unless
an earlier date is specified in the permit.
c.
There shall be no charge or fee for such permit.
d.
The Health Officer may also issue temporary or emergency permits
for limited periods or for limited quantities of milk, cream or fluid
milk products in order that a sufficient supply of milk or fluid milk
products shall always be available for the inhabitants of the City.
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CROSS REFERENCE: For general milk licensing requirement, see Section 13:4-2.
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[R.O. 1966 § 12:4-15]
No person shall ship or deliver any milk or milk products or
fluid milk products or frozen desserts or special frozen dietary foods
into the City for sale or distribution therein without first securing
a permit from the Health Officer. Such permits shall be issued annually
on the 1st day of January and shall expire on the 31st day of December
of the same year. No charge shall be made for such permits.
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CROSS REFERENCE: For general milk licensing requirement, see Section 13:4-2.
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[R.O. 1966 § 12:4-16; Ord. 6PSF-E, 8-6-2014; Ord. 6 PSF-G, 7-1-2015; amended 8-4-2021 by Ord. No. 6PSF-B,
08-04-2021]
a.
No person shall manufacture, distribute or sell any ice cream, frozen
product resembling ice cream or water ices (flavored) in the City
without a permit therefor having first been obtained from the Health
Officer, nor unless such business be conducted in compliance with
the regulations governing the issuance of such permits adopted by
the Department of Health and Community Wellness of the City; provided,
however, that a permit shall not be required for the sale of ice cream,
frozen products resembling ice cream or water ices (flavored) in restaurants,
drug stores, confectionary and grocery stores.
b.
This section shall not be construed to dispense with any specific
requirement in these Revised General Ordinances for a license or permit
to engage in the sale or distribution of any of the products referred
to in this section.
c.
"Pina Colada" Amendment.
1.
No person shall distribute or sell any ice cream, frozen product
resembling ice cream or water ices (flavored) containing any alcoholic
beverage in the City of Newark.
2.
Any person who violates the provisions of Section 13:4-16c shall, upon conviction thereof, be punished by a fine up to $1,000 for the first offense, and a fine up to $1,000 for each and every subsequent offense.
3.
The prohibition contained herein, shall not apply to any holder of
a license issued pursuant to Title IV, Alcoholic Beverages, of the
Revised General Ordinances of the City of Newark, New Jersey, 2000,
and operating pursuant to law.
4.
Upon conviction of a violation of the provisions of Section 13:4-16c, and if the violator possesses a permit issued by the Health Department of the City of Newark, for the distribution, and/or sale of any ice cream product, ices and/or water ices (flavored), the Health Officer, after a hearing, may confiscate, cancel or suspend for a period of time to be set by the Health Officer for a minimum period of six months and up to a maximum period of 12 months, the permit issued to said violator.
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CROSS REFERENCE: For general milk licensing requirement, see Section 13:4-2.
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[R.O. 1966 § 12:4-17; Ord. 6PSF-E, 8-6-2014]
Every person engaged in the sale, holding for sale, storage
or distribution of any milk or milk products or fluid milk products
or frozen desserts or special frozen dietary foods shall at any time
allow the Health Officer or his representative or any authorized representative
of the Department of Health and Community Wellness to make such inspections,
take such samples or specimens and examine such records as the Health
Officer or the Department may consider necessary for the purpose of
carrying out the provisions of this chapter.
[R.O. 1966 § 12:4-18]
Before a license to sell milk or fluid milk products is issued
or renewed, the Health Officer shall cause an inspection to be made
of every dairy farm where such milk or fluid milk products is produced
and of every plant in which it is to be received, bottled, pasteurized
or otherwise handled, the results to be recorded upon a form prescribed
by the Health Officer.
[R.O. 1966 § 12:4-19]
Notwithstanding the provisions of Section 13:4-18 of this chapter, the Health Officer may, in his discretion, accept and use in connection with the issuance of a license under this chapter, and in connection with subsequent supervision, the reports of the Health Officer of another municipality or of the State Department of Health with reference to inspections, bacterial counts and physical examinations of milking animals, when furnished with official records of the results thereof.
[R.O. 1966 § 12:4-20]
The operator of a creamery, shipping station or pasteurizing
plant approved as a source of supply for the City shall cause inspections
for compliance with this chapter and the rules and regulations of
the Health Officer to be made at least once a year of all dairies
from which milk has been obtained. Such inspections shall be made
by a competent person whose qualifications are acceptable to the Health
Officer. Reports of the results of such inspections shall be made
upon official dairy report forms approved by the Health Officer. Such
reports shall be filed in the creamery, shipping station or pasteurizing
plant to which such milk is delivered and shall remain so filed for
a period of three years.
[R.O. 1966 § 12:4-21]
All milk or milk products or fluid milk products or frozen desserts
or special frozen dietary foods and all milk and cream used in such
products intended for use in the City shall be subject to inspection
at the source of supply. All dairies, milk plants and transportation
equipment wherein such milk or products and all milk and cream used
in such products are produced, handled, processed, manufactured or
transported shall likewise be subject to inspection to determine if
such meet the minimum requirements set forth in this chapter.
[R.O. 1966 § 12:4-22]
Milk or milk products or fluid milk products or frozen desserts
or special frozen dietary foods which are in the possession of, or
held, kept or offered for sale by a dealer in such milk products,
shall be deemed to be held, kept or offered for sale with intent to
be sold or distributed as food for human consumption.
[R.O. 1966 § 12:4-23]
Any milk or milk products or fluid milk products or frozen desserts
or special frozen dietary foods sold, offered for sale, held with
intent to sell or distribute, which may be found not to conform with
the requirements of State law or of the rules and regulations of the
State Department of Health duly promulgated pursuant thereto or of
this chapter or other provisions of these Revised General Ordinances
in respect to purity, adulteration or temperature, may be seized and
destroyed.
[R.O. 1966 § 12:4-24]
Except as otherwise provided by State Statute or some other
provision in this chapter, any person who violates any of the provisions
of this chapter shall, upon conviction thereof, be punished by a fine
of not more than $100.
