The following definitions shall apply to the interpretation
and the enforcement of this article:
Any frozen dessert or mix which contains any unwholesome
substance, or which, if defined in this article, does not conform
with its definition shall be deemed adulterated or misbranded.
"Average bacterial plate count" and "average direct microscopic
count" shall be taken to mean the logarithmic average, and "average
reduction time" and "average cooling temperature" shall be taken to
mean the arithmetic average of the respective results of the last
four consecutive samples taken upon separate days.
Any place or premises where one or more cows are kept, a
part or all of the milk or milk products from which is sold or offered
for sale.
Any clean, frozen or partially frozen combination of two
or more of the following: Milk or milk products, eggs or egg products,
sugars, water, fruit or fruit juices, candy, nut meats or other harmless
and wholesome food products, flavors, color or harmless stabilizer,
and shall be deemed to include ice cream, frozen custard, ice milk
sherbet, ices and other similar products.
Any person who manufactures, processes or freezes any frozen
desserts for distribution or sale.
Any place or premises where frozen desserts or mix are manufactured,
processed or frozen for distribution or sale.
The "inspection period" shall in no case exceed six months.
"Milk and milk products" used in mix or frozen desserts shall
include milk, cream, frozen cream, plastic cream, fluid skim milk,
butter, sweetened and unsweetened evaporated milk, sweetened and unsweetened
evaporated skim milk, sweetened and unsweetened condensed milk, sweetened
and unsweetened condensed skim milk, powdered whole milk, powdered
skim milk, sweet cream buttermilk, sweet cream condensed buttermilk
and sweet cream powdered buttermilk, or any of these products from
which lactose has been wholly or partially removed.
Any place or premises where milk or milk products are skimmed,
condensed, evaporated, powdered, manufactured into butter or otherwise
processed for subsequent manufacture of mix or frozen desserts.
The unfrozen combination of all ingredients of a frozen dessert
with or without fruits, fruit juices, candy, nut meats, flavor or
harmless color.
The terms "pasteurization," "pasteurized" and similar terms
shall be taken to refer to the process of heating every particle of
mix to at least 143° F. and holding at such temperature for at
least 30 minutes in approved and properly operated equipment; provided,
that nothing contained in this definition shall be construed as disbarring
any other process approved by the state department of public health.
Any place or premises where milk or milk products are received
for subsequent delivery to milk products plants or frozen desserts
plants.
No person shall within the Village or its police jurisdiction,
manufacture, freeze, sell, offer or expose for sale, or have in his
possession with the intent to sell, any mix or frozen dessert which
is adulterated or misbranded.
It shall be unlawful for any person to manufacture, sell, offer or expose for sale or have in his possession with the intent to sell any mix or frozen dessert as defined in Section 21-32, without having first obtained a license therefor from the Village Clerk. The application for such license shall be first approved by the President and Board of Trustees and the commissioner of health. The fee for such license shall be as provided in Section 21-11.
All vehicles used for the distribution of frozen desserts shall
have the name and address of the distributor prominently displayed
on both sides of the vehicle.
All cans, packages and other containers enclosing mix or frozen
desserts or their ingredients derived from milk, except those filled
from labeled bulk containers in retail dispensing, shall be plainly
labeled or marked with: (1) The name of the contents; (2) in the case
of mix the word "pasteurized" if the contents have been pasteurized,
and the word "raw" if the contents have not been pasteurized; and
(3) the name and the street address or the permit number of the plant
at which the contents were placed in the container. A descriptive
word or phrase indicating in more detail the composition or flavoring
of the mix or frozen dessert such as strawberry, chocolate, custard,
lemon, etc., may be used on the label. The label or mark shall be
in letters of a size, kind and color approved by the commissioner
of health. Trade names and trade marks may be permitted. The label
shall contain no marks or words which are misleading.
Samples of mix or frozen desserts may be taken by the commissioner
of health at any time prior to final delivery. Samples of ingredients
may be tested as often as the commissioner of health may require.
Samples of frozen desserts from stores, cafes, soda fountains, restaurants
and other places where frozen desserts are sold may be tested as often
as the commissioner of health may require. Bacterial plate counts
and direct microscopic counts shall be made in conformity with acceptable
standard methods. Examinations may include such other chemical and
physical determinations as the commissioner of health may deem necessary
for the detection of adulteration, these examinations to be made in
conformity with acceptable standard methods. All proprietors of plants,
stores, cafes, restaurants, soda fountains and other similar places
shall furnish the commissioner of health, upon his request, with the
names of all persons from whom their mix or frozen desserts are obtained.
Whenever the average bacterial count, the average reduction in time or the average cooling temperature falls beyond the limit of accepted standards, the commissioner of health shall send written notice thereof to the plant concerned, and shall take an additional sample, but not before the lapse of three days, for determining a new average in accordance with Section 21-32. Violation of the requirement by the new average or by any subsequent average shall call for immediate suspension of the license unless the last individual result is within the required limit.
Separate rooms shall be provided for: (a) The pasteurizing,
processing, cooling, freezing and packaging operations; and (b) the
washing and bactericidal treatment of containers; provided, that requirement
(a) above shall be satisfied, in frozen dessert plants which freeze
and sell only at retail on the premises, if all mixing, freezing and
packaging processes, but not necessarily the hardening and storage
compartments, are enclosed in a tight glass or other sanitary enclosure
which is open only on the side farthest from the public, which has
a dust tight top extending over the entire freezer, and which is protected
by a fan so installed and of such power as to prevent the entrance
of flies.
Containers of frozen dessert ingredients shall not be unloaded
directly into the rooms used for pasteurization or subsequent processes.
Pasteurized mix or frozen desserts shall not be permitted to
come in contact with equipment with which unpasteurized mix, frozen
desserts, milk or milk products have been in contact, unless such
equipment has first been thoroughly cleaned and subjected to bactericidal
treatment.
The water supply for frozen desserts shall be easily accessible,
adequate and of a safe, sanitary quality.
All piping used to conduct ingredients, mix or frozen desserts
shall be "sanitary milk piping" of a type which can be easily cleaned
with a brush.
All multi-use containers and equipment with which mix, frozen
desserts or their ingredients come in contact shall be construed in
such a manner as to be easily cleaned, and shall be kept in good repair.
All wastes from frozen dessert plants shall be properly disposed
of.
All multi-service containers and equipment for mix, frozen desserts
or their ingredients shall be thoroughly cleaned after each usage.
All containers shall be subjected to an approved bactericidal process
after each cleaning, and all equipment immediately before each usage.
When empty and before being returned by a frozen desserts plant, each
milk and milk products container shall be effectively cleaned and
subjected to bactericidal treatment.
After bactericidal treatment all multi-use containers for mix,
frozen desserts and their ingredients shall be stored in such a manner
as to be protected from contamination.
Between bactericidal treatment and usage, and during usage,
containers and equipment for frozen desserts shall not be handled
or operated in such a manner as to permit contamination of the frozen
desserts, mix or their ingredients.
All mix shall be pasteurized as described in Section 21-32.
Caps, parchment papers, wrappers, can liners and single-service
sticks, spoons and containers for frozen desserts, mix or their ingredients
shall be purchased only in sanitary containers, shall be kept therein
in a clean, dry place and shall be handled in a sanitary manner.
All milk and fluid milk products received at the frozen desserts plant for use in frozen desserts or mix shall immediately be cooled in approved equipment to 50° F. or less and maintained at that temperature until pasteurized, unless they are to be pasteurized within two hours after receipt. All pasteurized mix shall immediately be cooled in approved equipment to an average temperature of 50° F. or less as set out in Section 21-32, and maintained thereat until frozen.
All mix which is not frozen at the plant at which it was pasteurized
shall be transported to the place of manufacturing or freezing in
sealed containers, and the mix shall be handled in a sanitary manner.
Dipping from containers of pasteurized mix is prohibited.
Packaging, cutting, molding, dipping and other preparation of
mix or frozen desserts or their ingredients shall be done in an approved
manner. Containers shall be adequately, covered immediately after
filling. Caps or covers shall be handled in such a manner as to prevent
contamination of the package contents.
The drip, overflow or spillage of any mix, frozen desserts or
their ingredients shall not be sold for human consumption.
The floors of all rooms in which mix, frozen desserts, or their
ingredients are manufactured, frozen, or stored, or in which containers
and utensils are washed, shall be constructed of concrete or other
equally impervious and easily cleaned material, and shall be smooth,
properly drained, provided with trapped drains, and kept clean; provided,
that cold storage rooms need not be provided with drains; and provided
further, that the construction requirements of this item shall be
waived, in frozen dessert plants which freeze and sell only at retail
on the premises, if the portion of the room in which the freezer is
installed and the room in which containers or utensils are washed
have impervious floors or solid floors covered with tight linoleum
or other approved, washable material.
All mix and frozen dessert ingredients shall be clean, have
a fresh wholesome flavor and odor and a normal appearance, be of satisfactory
quality, and shall be handled or processed in an approved manner.
Milk and milk products used as ingredients in the raw state shall have an average bacterial plate count not exceeding 200,000 per cubic centimeter or per gram, or an average direct microscopic count not exceeding 200,000 per cubic centimeter or per gram if chumps are counted or 800,000 if individual organisms are counted, or an average, reduction time of not less than six hours, as determined under Sections 21-32 and 21-37, and milk and milk products used as ingredients in the pasteurized, condensed, evaporated or dried state shall have an average bacterial plate count not exceeding 50,000 per cubic centimeter or per gram; provided, that these limits shall be doubled in the case of cream. The butterfat of the finished product shall not be less than 12% except in the cases of ices and sherbets or other similar products.
No person shall transfer frozen desserts from one container
to another or package the same on the street or in any vehicle or
in any place except a sanitary room under approved conditions.
No person shall give, deliver, sell or offer for sale any ice-cream
cones which are made under insanitary conditions or in any unclean
manner or which contain any ingredients which are unwholesome or deleterious
to health. The ice-cream cones shall be kept in clean covered containers
until used.
The commissioner of health is hereby given the power to condemn
or to tag "Hold for Release" any frozen desserts that he may believe
to violate any section of this Code. Products this condemned must,
after a hearing, be destroyed. Products which have been tagged "Hold
for Release" must be held until written release from the commissioner
of health has been secured.
