Whenever in this article the term "state act" shall be used, it shall be taken to mean and be Chapter 10 of Title 24 of the Revised Statutes (N.J.S.A. 24:10-57.1 et. seq.), amendments and supplements thereto, unless otherwise specified. Section 1 of the state act (N.J.S.A. 24:10-57.1) shall apply to this section except as to "milk" and "milk products," which are defined as follows:
BUTTERMILK
A product resulting from the churning of milk or cream or from the souring or treatment by a lactic acid or other culture of milk or skim milk. It contains not less than 8% of milk solids not fat.
COW MILK
The lacteal secretion obtained by the complete milking of one or more healthy cows properly fed and kept, excluding that obtained within 15 days before and five days after calving or such longer period as may be necessary to render the milk practically colostrum free, which contains not less than 11 1/2% of milk solids and not more than 88 1/2% of watery fluids or less than 3% of milk fat.
CREAM
A portion of milk which contains not less than 16% milk fat and containing no foreign fats or oils.
FLAVORED MILK
Milk, as herein defined, to which has been added a syrup or flavor consisting of wholesome ingredients.
FORTIFIED SKIMMED MILK and NONFAT FORTIFIED MILK
Nonfat milk to which has been added 2,000 USP units of vitamin A and 400 USP units of vitamin D per quart by a method acceptable to this Board.
GOAT MILK
The lacteal secretion obtained by the complete milking of one or more healthy goats properly fed and kept, excluding that obtained within 15 days before and seven days after kidding or such longer period as may be necessary to render the milk practically colostrum free, which contains not less than 11.4% of milk solids and not more than 88.6% of watery fluids or less than 3% of milk fat.
HEAVY CREAM or HEAVY WHIPPING CREAM
Cream which contains not less than 36% milk fat.
HOMOGENIZED MILK
Milk which has been treated in such manner as to ensure breakup of the fat globules to such an extent that after 48 hours' undisturbed storage at 40°  F. to 45°  F. no visible cream separation occurs on the milk and the fat percentage of the top 100 milliliters of milk in a quart bottle, or of proportionate volumes in containers of other sizes, does not differ by more than 10% of itself from the fat percentage of the remaining milk as determined after thorough mixing.
MILK FAT or BUTTERFAT
The fat of milk.
MILK PRODUCTS
Includes cream, ice cream, sour cream, vitaminized milk, buttermilk, cultured buttermilk, skimmed milk, homogenized milk, reconstituted or recombined milk, milk beverages, cream beverages, skimmed milk beverages and all other beverages containing in whole or in part milk or cream.
SKIM MILK, SKIMMED MILK and NONFAT MILK
Milk from which practically all milk fat has been removed and which contains not more than 0.5% of milk fat. No "skim milk," "skimmed milk" or "nonfat milk" shall be sold to the final consumer except in original containers properly labeled.
SOUR CREAM
Cream, the acidity of which is more than 0.20%, expressed as lactic acid.
VITAMIN D MILK
Milk, the vitamin D content of which has been increased to at least 400 USP units per quart. The person operating the milk plant where the vitamin D milk is pasteurized shall keep on file a record of vitamin D assays made by a laboratory suitably equipped, showing an assay for each six-month period. All samples for assaying shall be picked up by the laboratory doing the assaying or its authorized representative.
A. 
No person shall sell at retail or deliver nor have in possession for sale or delivery in this municipality any milk or milk products without first obtaining from this Board a license for such sale or delivery.
B. 
Whenever, in the opinion of this Board, the public health is seriously jeopardized, the Health Officer shall have the power temporarily to order that any supply of milk or milk products shall not be sold, delivered or had in possession for sale or delivery in this municipality.
C. 
Whenever required by this Board, there shall be filed by the applicant a written statement of his source of supply of milk and milk products. This statement shall contain the name and post office address of the owner of each dairy, creamery, receiving station, bottling place and pasteurizing plant from which said supply is procured and shall bear the signature of the applicant. In instances where milk is received from a receiving station, the name and address of said station shall be accepted in lieu of producers' names and addresses.
D. 
If, on inspection, any supply is found to be not in compliance with the provisions of this article, the license holder shall be immediately notified of the violations. The license holder shall take immediate steps to have the violations corrected. The Health Officer shall make a reinspection at his discretion. If the license holder has failed to secure reasonable compliance, the license holder may be required to discontinue that source of supply until the provisions of this article are met.
E. 
All premises where milk or milk products are produced or handled for sale or distribution in this municipality shall be open to inspection by this Board, its chemists, bacteriologists or inspectors. Samples of milk or milk products shall be furnished said officers or agents by any producer, processor or dealer upon request and payment thereof.
F. 
Upon each wagon or other vehicle used in the sale at retail or delivery of milk or milk products, there shall be displayed at all times a current license sign furnished by this Board.
G. 
A license is required for each store selling milk at retail. License fees are indicated in Article XVI, § 496-123.
H. 
Temperature. As soon as milk is drawn from the cow, the milk shall be removed to a proper milk house where it shall be strained and cooled to 50° F. or below by some method approved by this Board or the New Jersey State Department of Health. Milk delivered to a creamery within three hours of milking may be uncooled. Upon receipt at the milk plant, the milk and milk products shall be cooled to a temperature below 50° F., except during the pasteurizing process, and maintained thereat until delivery to the final consumer or to a store. Except in hot weather, the temperature requirement of 50° F. shall be replaced by 60° F. in the case of milk on delivery vehicles.
I. 
The sale of loose milk or loose milk products or the use of milk pumps or other mechanical devices for the retail dispensing of milk or milk products is prohibited except as approved by this Board. It shall be unlawful for any person to sell or serve any milk or milk products except in the original container in which it was received from the distributor, provided that milk or milk products may be dispensed for coffee, tea and similar beverages and as an ingredient in the serving of desserts and salads from devices approved by this Board, and provided further that homogenized milk in quart containers may be poured into glasses for service to restaurant or soda fountain customers.
J. 
Bottles. The delivery of milk and milk products to, and the collection of such containers from, residences in which cases of communicable diseases exist shall be subject to the special requirements of the Board of Health.
K. 
Labeling.
(1) 
All bottles, cans, packages and other containers enclosing milk or any dairy product defined in § 496-45 shall be plainly labeled or marked with:
(a) 
The name of the contents as given in the definitions in this article;
(b) 
The grade of the contents, when graded;
(c) 
The word "pasteurized" only if the contents have been pasteurized;
(d) 
The tags, caps or labels of the containers shall also be marked in accordance with the regulations of the Department of Health of the State of New Jersey;
(e) 
The phrase "for pasteurization" if the contents are to be pasteurized;
(f) 
The name of the producer if the contents are raw, and the identity of the plant at which the contents were pasteurized if the contents are pasteurized; and
(g) 
In the case of vitamin D milk, the designation "Vitamin D Milk" and the number of units per quart; provided that only the identity of the producer shall be required on cans delivered to a milk plant which receives raw milk for pasteurization and which immediately dumps, washes and returns the cans to the producer.
(2) 
All containers used in the distribution of certified milk shall have attached thereto or placed thereon a certificate or seal bearing the name of the Medical Milk Commission certifying to the milk, the day or date of the production of milk and the words "Certified Milk" in plain legible form; provided, however, that for the purpose of this subsection, a statement to the effect that the milk was produced on a definite night or morning shall be regarded as sufficient dating.
L. 
All milk or milk products offered for sale or distribution in this municipality in bottles or single-service containers shall be capped in a sanitary manner by approved mechanical equipment. Hand capping is prohibited. The cap or cover shall cover the pouring lip to at least its largest diameter. Paper containers shall provide protection to the pouring lip. This requirement shall take effect one year after the final adoption of this chapter.
No milk or milk products shall be sold or delivered in this municipality unless the same have been pasteurized; provided, however, that nothing in this chapter shall prohibit the sale or delivery of certified raw milk.
The requirements concerning the sale, production and handling of certified milk shall be governed by the State Sanitary Code, its amendments and supplements, which are made a part of this article as though incorporated in it and set out at length.
A. 
Pasteurization. The terms "pasteurization," "pasteurized" and similar terms shall be taken to refer to the process of heating every particle of milk or milk products to at least 142° F. and holding continuously at such temperature for at least 30 minutes, or to at least 160° F. and holding at such temperature continuously for at least 15 seconds, in approved pasteurizing apparatus or equipment, or by such other method demonstrated to accomplish the same results.
B. 
Route-returned milk shall not be repasteurized and resold as milk.
C. 
Bacteria.
(1) 
Pasteurized milk shall contain not more than 30,000 bacteria per milliliter by the standard agar plate estimate.
(2) 
Pasteurized cream shall not contain more than 60,000 bacteria per milliliter by the standard agar plate estimate prior to delivery to the consumer or store. It is to be understood that no punitive action shall be taken unless the logarithmic average of the last four consecutive samples exceeds the above standards.
The following rules and regulations shall be strictly adhered to:
A. 
Rule 1. Milk or milk products sold in this municipality shall come from cows or other milk-producing mammals that have been physically examined once a year by licensed veterinarians, and any animal not found in a sound physical condition must be removed from the milking herd. The regulations of the Bureau of Animal Industry of the State of New Jersey shall apply to the control of brucellosis and tuberculosis in milk herds.
B. 
Rule 2. Cows and other milk-producing animals shall at all times be kept in a clean condition and fed only on good wholesome food as defined in the state act.
C. 
Rule 3. The udder and teats of each cow or other milk-producing animal shall be clean and sound. If said udder or teats show any unhealthy condition, the animal must be removed from the milking herd and her milk shall not be sold until it is wholesome and safe for human consumption.
D. 
Rule 4. Immediately before milk is drawn from the udder, the entire bag and teats shall be washed and wiped clean.
E. 
Rule 5. Dairies. The sanitary condition of all dairy farms shall be satisfactory to this Board at all times.
F. 
Rule 6. Stables and yards.
(1) 
Stables shall be kept clean and shall have tight, dry floors impervious to moisture.
(2) 
The cow stables shall be tightly ceilinged overhead. No swine, fowl or other animals except horses shall be allowed in the stable.
(3) 
The walls and ceilings shall be kept reasonably free from dust, dirt and cobwebs and shall be whitewashed, painted or otherwise kept clean.
(4) 
Each cow shall have adequate floor space and, when there is no artificial means of ventilation, shall have at least 500 cubic feet of airspace.
(5) 
Stables shall have at least two square feet of unobstructed window glass for each cow, the windows to be arranged so as to light all portions of the stable.
(6) 
This Board will approve artificial means of lighting and ventilating stables.
(7) 
Barnyards and yards about stables shall be well drained and kept free from manure, garbage or any putrescible matter. Cornstalks, hay, straw and manure in a state of decomposition shall not be allowed to accumulate within 50 feet of any cow stable or milk house. This does not apply to pen stabling.
G. 
Rule 7. Milk house. A suitable milk house or milk room shall be provided for the cooling, handling and storage of milk or milk products and for the operations incident thereto and shall not be used for other purposes. If the milk house or milk room is a part of the barn, it shall be separated therefrom by tight partitions. The milk house or milk room shall be well lighted and ventilated, provided with self-closing doors, and all openings shall be protected to prevent the entrance of flies. The milk house or milk room shall be provided with a tight floor constructed of concrete or some other material impervious to moisture or liquids and shall be properly drained and kept clean. The walls and ceilings of the milk house shall be constructed so as to permit proper cleaning and shall be kept clean. The immediate surroundings of the milk house or milk room shall be free from accumulation of liquid or waste materials which are subject to decomposition. Adequate milk-cooling equipment shall be provided. When water is used for cooling, it must be kept clean and fresh. A plentiful supply of uncontaminated water shall be provided.
H. 
Rule 8. Utensils.
(1) 
All equipment, cans, pipes or utensils used for the collection, handling and transportation of milk or milk products shall be cleaned by washing with a cleaning solution, scrubbed inside and out with suitable brushes, then rinsed with warm water, then scalded with hot water at a temperature no less than 180° F. or steam. If any other method is used, such method shall result in the same degree of cleanliness as the method described and shall be one of the approved methods.
(2) 
All utensils and equipment shall be smooth, seamless or have tight joints and shall be free from dents or rust spots.
I. 
Rule 9. Water supply. Water used for washing milk utensils shall comply with the potable water standards established by the New Jersey State Department of Health.
J. 
Rule 10. Employees. All milkers and other attendants handling milk must be personally clean, be free of communicable diseases and must wear clean garments. Immediately before milking, the milker shall wash his hands with soap and water.
A. 
Milk plants, creameries and milk-pasteurizing plants shall conform to the requirements of the state act and also to the requirements of this Board.
B. 
During the process of pasteurization, the recording thermometer clocks containing recording charts shall be closed. Indelible writing shall be used for all recordings and each chart shall be marked with the date of pasteurization.
Inspections of any premises where milk or milk products, any part of which is sold in this municipality, is produced, handled, stored or distributed, shall be permitted to an authorized agent of the Board at any reasonable hour.