[R.O. 1966 § 12:4-1]
a. 
As used in this chapter:
CATTLE DEALERS, DAIRYMEN
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.
DISTRIBUTOR or MILK DISTRIBUTOR
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.
FLUID MILK PRODUCTS
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.
FROZEN DESSERTS
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.
MILK PRODUCTS
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.
SPECIAL FROZEN DIETARY FOODS
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.
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).
[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 § 12:4-12]
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.
CROSS REFERENCE: For general milk licensing requirement, see Section 13:4-2.
[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.
CROSS REFERENCE: For general milk licensing requirement, see Section 13:4-2.
[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.
CROSS REFERENCE: For general milk licensing requirement, see Section 13:4-2.
[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 § 12:4-23]
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.