As used in this chapter, the following terms
shall have the meanings indicated:
The food product which is made exclusively from milk or cream,
or both, with or without common salt, and with or without additional
coloring matter, and containing not less than 80% by weight of milk
fat, all tolerances having been allowed for.
The product that remains when butter is removed from clean,
pure, wholesome and unadulterated milk or cream in the process of
churning.
The clean, wholesome and unadulterated milk fat obtained
from clean, wholesome, unadulterated milk, cream or butter, which
shall contain not less than 99% of milk fat.
All dairies or dairy farms where the practice of buying and
selling cattle constitutes a definite business project apart from
the fundamental business of producing and selling milk.
Products which are certified by a medical milk commission
in accordance with the provisions of Chapter VII of the State Sanitary
Code of New Jersey as now in effect, or any supplements or amendments
thereto.
The cheese commonly known by that term and shall include
the stirred type, colby cheese, washed curd cheese, american cheese,
store cheese and similar types complying with all chemical standards
promulgated by the Federal Security Agency, Food and Drug Administration,
1950 Cumulative Pocket Supplement and Federal Register of February
16, 1951, and as thereafter amended or supplemented.
The product resulting from the evaporation of a considable
portion of the water from clean, pure, wholesome and unadulterated
milk, and is also commonly known as "evaporated milk" or "concentrated
milk," and when sugar (sucrose) has been added, is commonly known
as "sweetened condensed milk," "sweetened evaporated milk" or "sweetened
concentrated milk."
The product resulting from the evaporation of a considerable
portion of water from clean, pure, wholesome and unadulterated skimmed
milk, and is also commonly known as "evaporated skimmed milk" or "concentrated
skimmed milk," and when sugar (sucrose) has been added, is commonly
known as "sweetened condensed skimmed milk," "sweetened evaporated
skimmed milk" or "sweetened concentrated skimmed milk."
A portion of milk which contains not less than 16% of milk
fat and shall not contain any foreign fat or oils.
The unripened cheese made by the Neufchatel or similar process
from whole milk enriched with cream. It shall contain, in the water-free
substance, not less than 65% of milk fat and may contain not more
than 0.5% by weight of stabilizers, improvers or similar substances,
approved by the State Department of Health.
The product resulting from the souring of pure wholesome
fluid whole milk or skimmed milk with Streptococci lactis culture.
Conforms to the definition and standards hereinafter defined
for "ice cream," no matter under what trade or coined name it may
be sold or offered for sale. It shall contain not less than 1.4% of
egg yolk solids without the addition of artificial coloring.
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 delivered
to any person.
Any person, partnership or corporation who purchases milk
or milk products from a processor or producer dealer and who sells
or distributes milk or milk products wholesale or retail.
The product made by culturing wholesome and unadulterated
milk with a culture of acidophilous, kefir, yogurt, koumiss or other
commonly known cultures.
The product made by culturing wholesome and unadulterated
skimmed milk with a culture of acidophilus, kefir, yogurt, koumiss
or other commonly known cultures.
The product obtained by the addition of wholesome chocolate,
cocoa or coffee syrup, true fruit, true fruit syrup, or other wholesome
flavoring material approved by the Health Department, to wholesome
fluid skimmed milk, or to water and powdered skimmed milk or powdered
whole milk, or to water and condensed skimmed milk or condensed whole
milk, and which product by its color is easily and clearly distinguishable
from, and is not in imitation or semblance of milk or cream.
The product obtained by the addition of wholesome chocolate,
cocoa or coffee syrup, true fruit, true fruit syrup, or other wholesome
flavoring material approved by the Health Department, to wholesome
and unadulterated fluid whole milk, and which product by its color
is easily and clearly distinguishable from, and is not in imitation
or semblance of milk or cream. It shall contain not less than 3% butterfat.
Nonfat milk to which has been added 2,000 U.S.P. units of
Vitamin A and 400 U.S.P. units of Vitamin D per quart by a method
acceptable to the Board of Health.
The lacteal secretion, free from colostrum, obtained by the
complete milking of healthy goats and shall comply with all the requirements
of this chapter regarding milk.
Refers to that department within the City government having
jurisdiction over health matters.
Such person as shall meet all requirements of the State Department
of Health and is so designated as the Health Officer by the City Manager.
Milk which has been subjected to a treatment whereby its
fat content will remain in such state of dispersion so that after
48 hours of quiescent storage the percentage of butterfat in the upper
1/10 portion of one or more containers of milk will not exceed by
more than 10% the percentage of butterfat in the remaining portion
of milk in the container or containers.
Any frozen sweetened fruit-flavored product, the process
of manufacture of which is similar to the process of manufacture of
ice cream, no matter under what trade or coined name it may be sold
or offered for sale. It shall contain no milk solids, and shall be
made from one or more of the following ingredients, namely: sugar,
water, stabilizer, harmless color which does not conceal damage or
inferiority, fruit or fruit flavoring material, and the finished product
shall contain not less than 0.35% of harmless organic acid as determined
by titration with standard alkali and calculated as lactic acid and
derived in whole or in part from the fruit or fruit-flavoring material
or by the addition of citric, tartaric or lactic acid.
Any frozen sweetened milk product which is agitated during
the process of freezing, and includes every frozen milk product which
contains more than 5% by weight of total milk solids or skim milk
solids and which in any manner simulates the texture or characteristics
of ice cream, no matter under what coined or trade name it may be
sold. "Ice cream" shall be made from a combination of one or more
of the following ingredients, namely: cream, milk, condensed milk,
sweetened condensed milk, dried milk, skimmed milk, condensed skimmed
milk, sweetened condensed skimmed milk or dried skimmed milk, and
with or without one or more of the following ingredients: butter,
water, sugar, flavor, fruit, fruit juices, eggs, nuts, stabilizer,
harmless color which does not conceal damage or inferiority, any one
or all of which ingredients shall be wholesome, edible material. The
finished products shall contain not less than 10% of butterfat by
weight except when fruits or nuts, or both, are used for flavoring,
when it shall contain not less than 8% of butterfat by weight, and
not more than 0.5% by weight of stabilizers, improvers or similar
substances approved by the State Department of Health.
An unfrozen mixture containing in whole or in part the ingredients
enumerated under the definition of "ice cream."
Any place, premises or establishment where ice cream, sherbet,
fruit ice, ice or similar frozen products are manufactured, prepared
or processed for distribution or sale. This term shall not be construed
to include such establishments as hotel kitchens where ice cream,
sherbet or ice is produced and consumed only on the premises.
Any frozen sweetened product containing milk solids, manufactured
in a manner similar to the process of manufacturing ice cream, and
which contains less than the percentage of butterfat as adopted in
this chapter for ice cream and more than 5% of total milk solids or
skim milk solids.
The whole, pure, fresh, clean, wholesome lacteal secretion-
obtained by the complete milking of one or more healthy cows properly
fed and kept. It shall not include lacteal secretion 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 fats.
The fat of milk.
Any establishment where milk or milk products are collected,
handled, manufactured, processed, stored, bottled, pasteurized or
prepared for distribution. This term shall also include any milk bottling
plant, milk depot, milk receiving station or creamery.
Any person who owns or controls one or more cows and who
sells or offers for sale a part or all of the milk or milk products.
Cream, ice cream, ice cream mix, sherbets, skimmed milk,
condensed milk, condensed skimmed milk, flavored milk, flavored drink,
sour cream, buttermilk, fermented milk, fermented skimmed milk, butter,
cheese and any other products made wholly or partially from milk or
cream.
The process of heating every particle of milk
or milk products to a temperature of not less than 142º F. and
holding same at that temperature for 30 consecutive minutes in approved
pasteurizing apparatus or equipment;
Heating every particle of milk or milk products
to a temperature of not less than 160º F. and holding same at
such temperature for not less than 15 consecutive seconds and thereafter
immediately cooled to a temperature of at least 50º F.; or
By such other methods demonstrated to accomplish
the same results.
That portion of the external surface of the bottle or single-service
container with which the milk comes in contact during pouring.
Cheese, cheese foods or cheese spreads made from the various
types of cheddar cheese mentioned above, which have been mixed, blended,
heated, melted, and thereafter poured into molded packaged forms and
complying with all chemical standards promulgated by the Federal Security
Agency, Food and Drug Administration, 1950 Cumulative Pocket Supplement
and Federal Register of February 16, 1951, and as thereafter amended
or supplemented.
Any person, partnership or corporation who produces and processes
milk or milk products for resale, wholesale or retail.
Any frozen sweetened fruit-flavored product containing 5%
or less by weight of total milk solids or skim milk solids, the process
of manufacture of which is similar to the process of manufacture of
ice cream, no matter under what trade or coined name it may be sold
or offered for sale. "Sherbet" shall be made from milk or milk products,
including ice cream mix with one or more of the following ingredients,
namely: sugar, water, stabilizer or harmless color which does not
conceal damage or inferiority, and fruit or fruit-flavoring material,
and the finished product (except vanilla and chocolate flavors) shall
contain not less than 0.035% of harmless organic acid as determined
by titration with standard alkali and calculated as lactic acid and
derived in whole or in part from the fruit or fruit-flavoring material
or by the addition of citric, tartaric or lactic acid.
Milk from which practically all milk fat has been removed
and which contains not more than 0.5% milk fat.
Cheese commonly referred to as cottage cheese, creamed cottage
cheese, cream cheese, Neufchatel cheese, farmer cheese, mozzarella,
scarmoza, ricotta, and similar types of cheese, and those cheeses
which comply with chemical standards established by the Federal Security
Agency, Food and Drug Administration in their 1950 Cumulative Pocket
Supplement and Federal Register of February 16, 1951, and as thereafter
amended or supplemented.
The pure clean, wholesome and unadulterated cream which has
been fermented by a means of a lactic acid or other harmless milk
culture, and which contains not less than 18% milk fat and shall not
contain any foreign fat or oils.
Any person who sells or distributes milk or milk products
to consumers, to stores or to restaurants, and who purchases milk
or milk products for resale or redistribution. This term shall not
include stores, restaurants and such similar premises otherwise licensed
by the Health Department.
Vitamin D milk and milk products with the antirachitic quality
or potency measurably increased in the course of production by one
of the following methods of processes: feeding of irradiated yeast
to cows; direct irradiation of the milk or milk product with ultraviolet
light or carbon arc lamp rays; or the addition thereto of a concentrate
of Vitamin D direct to the milk or milk product. All milk and milk
products bearing any statement or representation that it possesses
antirachitic quality or potency shall be deemed to be "Vitamin D milk
or milk products."
The international unit of Vitamin D as set forth in the 11th
issue of the United States Pharmacopoeia and known as "U.S.P. XI Unit."
No person shall engage in the business of selling
or distributing milk or milk products, or shall keep for sale or have
in his possession with intent to sell any milk or milk products without
having first obtained a license therefor from the City Health Department.
A.
Any person desiring to engage or continue in the business
of selling milk, cream or fluid milk products or conducting a dairy,
milk plant, or otherwise dealing in milk, cream or fluid milk products
in the City shall first make a written application to the Health Department
for a license on blanks provided by the Department.
B.
Such application shall include the name and address
of the applicant, the place, by street and number, where the applicant
proposes to carry on the business, the name of each source of supply
from whom the applicant receives, or expects to receive, milk, cream
or fluid milk products for sale and the approximate amounts of such
products furnished by each source. Each applicant shall complete and
sign that portion of the application pertinent to laboratory information.
The license referred to in § 315-2 shall be issued for the period from February 1 to January 31 of the following year and shall be renewed annually.
[Amended 3-4-1997 by Ord. No. 5875-97; 12-16-2003 by Ord. No. 6387-03; 1-5-2009 by Ord. No. 6788-09; 5-21-2013 by Ord. No. 7093-13]
The license fee shall be $25 for each store,
restaurant, bar, soda fountain or other place where milk or milk products
are sold, distributed, kept for sale or offered for sale, and $25
for each vehicle from which milk or milk products are sold or delivered.
[Amended 12-16-2003 by Ord. No. 6387-03]
Each processor, producer-dealer or dealer shall,
in addition to the above license fees, pay annually the sum of $500.
This sum shall be used to defray the expenses of inspections, analyses,
reports of analyses of samples of milk, cream and fluid milk products.
Such fees shall accompany the license application.
Licenses to sell milk or milk products shall
be kept at all times conspicuously exposed in any store, restaurant,
bar, soda fountain or other place where milk or milk products are
sold, kept for sale or offered for sale. Each vehicle from which milk
or milk products are sold or delivered shall have a license plate
furnished by the Health Department securely attached to the rear end
of the vehicle in a position where it can be readily seen.
No license shall be issued until the Health
Department shall be satisfied that the applicant's premises where
milk or milk products are to be sold, distributed, kept for sale or
offered for sale or the applicant's vehicle from which milk or milk
products are to be sold or delivered meet the rules, regulations and
requirements of the Health Department and of this chapter.
The Health Department shall issue temporary
permits for limited periods and for limited quantities of milk or
milk products to those persons qualified, in the opinion of the Department,
in order that a sufficient supply of milk or milk products will always
be available to the people of Clifton; provided, however, that the
temporary permit shall also meet the requirements of this chapter
respecting the production of milk and milk products.
The Health Department shall refuse to issue
a license to sell, transport, distribute or hold in possession with
intent to sell any milk or milk products until satisfied of the following
facts:
A.
That the milk or 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, the statutes of New Jersey and the provisions
of this chapter.
B.
That unapproved milk or milk products are not permitted
entry into any building or place from which milk or milk products
are sold, held for sale, transported or distributed for consumption
in the City.
C.
That proper refrigeration facilities are provided
and maintained for the storage, transportation or distribution of
milk or milk products at a temperature of not more than 50º F.
D.
That laboratory and field inspection service satisfactory
to the Health Department is maintained at the source of supply.
A.
Any license issued by the Health Department for the
sale, holding in possession for sale, distribution or transportation
of milk or milk products may be revoked for cause after a summary
hearing before the Health Department and the Health Officer. A printed
or written notice setting forth charges and the time and place of
hearing shall be served upon the licensee by leaving such notice at
the place where the licensee conducts his business at least five days
prior to the date of said hearing.
B.
The Health Officer, pending the hearing, may suspend
the license before the hearing if in his judgment the protection of
the public health and welfare demands such action. In this event,
it shall be unlawful for the licensee to continue to engage in the
suspended business.
Licenses shall not be transferable.
Milk, cream or fluid milk products which are
in the possession of or held, kept or offered for sale by a dealer
in milk or fluid milk products shall be deemed to be held, kept or
offered for sale with the intent to be sold or distributed as food
for human consumption.
A.
Dealers of milk. A dealer shall cause to be posted
in a prominent place where milk is stored for sale a sign with letters
at least two inches high, including a number which shall indicate
the number of the day of the year; i.e., "Today is the 000 day of
the year."
[Added 9-20-1966 by Ord. No. 3708]
B.
Home delivery of milk. Each householder shall be advised
of the meaning of the code in writing.
[Added 9-20-1966 by Ord. No. 3708]
The Health Department and the Health Officer
may order any licensee to exclude, for a specified period of time,
the milk from any dairy or the milk or milk products from any milk
plant failing to comply with any of the provisions of this chapter.
The Department may suspend or revoke the license of any licensee for
failure to comply with such order.
No license shall be issued to any person as
a distributor of milk or milk products unless his premises are used
exclusively for the milk and milk products business. Any violation
of this section shall be sufficient cause for license revocation.
The Health Department and the Health Officer may make exceptions when
in their judgment such exceptions will not endanger the wholesomeness
of the milk or milk products stored therein.
No person shall produce, distribute, sell or
hold for sale any:
A.
Milk which contains less than 11 1/2% of milk solids
or more than 88 1/2% of watery fluids or less than 3% of milk fats.
B.
Homogenized milk which has not been subjected to a
treatment whereby its fat content will remain in such state of dispersion
so that after 48 hours of quiescent storage the percentage of butterfat
in the upper 1/10 portion of one or more containers of milk will not
exceed by more than 10% the percentage of butterfat in the remaining
portion of milk in the container.
C.
Vitamin D milk which does not contain at least 400
U.S.P. XI units per quart, as determined by test or assay semiannually
or oftener, if so determined by the Health Officer, at the license
holder's expense, in a laboratory approved by the State Department
of Health.
D.
Light cream which contains less than 18% of milk fats.
E.
Heavy cream which contains less than 36% of milk fats.
F.
Sour cream which contains less than 18% of milk fats.
G.
Ice cream which contains less than 10% of butterfat
by weight, except when fruits or nuts, or both, are used for flavoring,
when it shall contain not less than 8% of butterfat by weight. Ice
cream shall not contain more than 0.5% by weight of stabilizers, improvers
or similar substances approved by the State Department of Health.
H.
Sherbets, frozen custards, imitation ice creams, ices
and fruit ices, unless these products meet the requirements as set
up in the definitions section of this chapter.
I.
Cream cheese which contains in the water-free substance
less than 65% of milk fat, but may contain not more than 0.5% by weight
of stabilizers, improvers or similar substances, approved by the State
Department of Health.
J.
Butter which is not made exclusively from milk, cream,
or both, with or without common salt and with or without additional
coloring matter, and which does not contain at least 80% by weight
of milk fat, all tolerances having been allowed for.
K.
Flavored milk which does not meet the requirements
of "flavored milk" as defined in this chapter and which does not contain
at least 3% of butterfat.
L.
Cheddar cheese, process cheese and soft cheese which
does not comply with the chemical standards promulgated by the Federal
Security Agency, Food and Drug Administration, 1950 Cumulative Pocket
Supplement and Federal Register of February 16, 1951, and as thereafter
amended or supplemented.
A.
Milk and the following milk products shall not contain
more bacteria per milliliter than herein indicated.
|
Type of Milk or Milk Products
|
Maximum Permissible Number of Bacteria
per Milliliter
|
Maximum Number of Coliform Organisms per
Milliliter
| ||
|---|---|---|---|---|
|
Milk, skimmed or whole
| ||||
|
Raw, blended or individual bulk
can, sample taken at receiving station or at a
source of production
|
150,000
|
----
| ||
|
Raw, sampled after processing and prior to pasteurization
|
400,000
|
----
| ||
|
Pasteurized; sampled either in bulk or
consumer package
|
30,000
|
0
| ||
|
Certified milk
| ||||
|
Raw, blended or individual bulk cans
|
10,000
|
10
| ||
|
Pasteurized, sampled in either bulk or
consumer package
|
500
|
0
| ||
|
Cream
| ||||
|
Raw, sampled after separation and cooling at
plant where separation occurs
|
250,000
|
----
| ||
|
Raw, sampled after separation, cooling and shipment
either in cans, or by tank, truck or rail tankcar to pasteurizing
plant
|
500,000
|
----
| ||
|
Pasteurized, sampled either in bulk or
consumer package. This shall include both light and heavy cream,
but not sour cream
|
30,000
|
----
| ||
|
Ice cream, ice cream mix, frozen custards, sherbets,
sampled after processing and production or as sold or delivered
|
30,000
|
----
| ||
|
Pasteurized buttermilk, either churned or cultured
|
----
|
0
| ||
|
Pasteurized cultured sour cream
|
----
|
0
| ||
|
Pasteurized flavored milk and flavored drink
|
30,000
|
0
| ||
B.
The maximum permissible number of bacteria per milliliter
and the maximum permissible number of coliform bacteria per milliliter
of all pasteurized milk and milk products indicated above shall be
those maximums permissible at the time of delivery to the consumer.
The maximum permissible number of bacteria per milliliter and the
maximum permissible number of coliform organisms per milliliter for
raw certified milk shall be the maximum permissible at the time of
delivery to the consumer.
C.
Bacteria counts and coliform counts to determine whether
the above standards are complied with shall be made in accordance
with the latest Standard Methods for the Examination of Dairy Products
of the American Public Health Association. The standard agar plate
method shall be used, except that in the case of milk and cream before
pasteurization, the standard direct microscopic method (counting clumps)
may be substituted for the agar plate method.
D.
No person shall distribute or sell or have in his
possession with intent to distribute or sell any milk, skimmed milk,
cream, certified milk or flavored milk that does not conform to said
standards.
E.
Pasteurization or aging of cheese. No person manufacturing
cheese or handling cheese as a wholesaler, jobber, assembler or broker
in the City and no person obtaining cheese from outside the City shall
offer for sale, sell or deliver any cheddar cheese, processed cheese
or soft cheese to the retail trade, restaurant trade or ultimate consumer
in the City unless the same has been treated in one of the following
ways:
(1)
By manufacturing the cheese from milk or milk products
which have been pasteurized in accordance with the provision of this
chapter.
(2)
By subjecting the cheese to a heat treatment during
the process of manufacture which is equivalent to pasteurization.
(3)
By subjecting the cheese to an aging process whereby
it has been kept for at least 60 days after manufacture at a temperature
not lower than 35º F.
There shall be a minimum area known hereafter
as the "segregated area" set aside on all caps for official information.
This area is to be determined by drawing a horizontal line across
the cap 1/3 of the diameter up from the bottom. Nothing contained
herein shall limit said area for the entry of the following required
official information. There shall appear in the segregated area the
words:
A.
"Pasteurized Milk at" (location of pasteurizing plant)
and the day of the week the milk was pasteurized. In lieu of the foregoing,
the term "Pasteurized during the twenty-four-hour period ending 6:00
a.m.," followed by the day of the week at the end of this time period.
The name of the operator of the pasteurizing plant shall appear in
the nonsegregated area of the cap.
B.
"Pasteurized Heavy Cream, not less than 36% butterfat"
or Pasteurized Light Cream, not less than 18% butterfat" or "Pasteurized
Medium Cream, not less than 30% butterfat," as the case may be. There
shall also be the word "bottled" followed by the day of the week same
was bottled, and the location of the plant where bottled. The name
of the bottling plant shall appear in the nonsegregated area.
C.
"Pasteurized Light Sour Cream, not less than 18% butterfat,"
the location where same was bottled and the code number indicating
date of bottling. The name of the bottler shall appear in the nonsegregated
area.
D.
"Pasteurized Buttermilk" or "Pasteurized Cultured
Buttermilk," as the case may be, also the location of the plant where
bottled and a code number indicating the date of bottling. The name
of the bottler shall appear in the nonsegregated area.
E.
Pasteurized chocolate milk, pasteurized chocolate
drink, pasteurized flavored milk or pasteurized flavored drink. The
outer caps on bottles, the tags attached to the can, and the labeling
on single-service containers of products under the designation of
"Pasteurized Chocolate Flavored Drink" shall contain all the information
required respectively for tags, caps and single-service containers
of milk, except that, in lieu of the day of pasteurization, a symbol
indicating the day of the week when bottled may be used, according
to a code filed with the Health Department.
If a subdealer's name and address appear on
a cap, it shall be placed below or above the name of the operator
of the pasteurizing plant or bottling plant, as the case may be, in
the nonsegregated area and shall be accompanied by the word "Distributor."
A.
The lettering in the words "Pasteurized Milk," "Pasteurized
Cream," "Pasteurized Cultured Buttermilk," "Pasteurized Chocolate
Drink," "Pasteurized Flavored Milk" or "Pasteurized Flavored Drink"
in the segregated area of outer caps shall in no case be less than
3/32 inch in height. All other lettering in the segregated area of
outer caps shall in no case be less than 1/16 inch in height.
B.
All lettering in the segregated area of caps shall
be black on manila or white background or black on natural color of
aluminum. Colors may be used in nonsegregated areas, also information
not in violation of state laws or local ordinance.
Where words or phrases are used on caps, tags
or labels indicating a special milk such as "Premium Milk," "Guernsey
Milk," "Creamy Rich," the reason for such designation shall be indicated
on the caps, tags or labels, such as "Minimum Butterfat 4%."
In the case of a single-service paper container,
in lieu of the printed matter required on outer caps, there shall
be set forth on each side of two opposite sides of the rectangular
containers all the information required for outer caps on bottled
milk or cream; provided, however, that the day of the week indicating
the date of pasteurization may be shown elsewhere than on the aforesaid
sides, so long as it is conspicuous. In all cases, the day of pasteurization
shall be inked in. In the case of a cylindrical or conical single-service
paper container, the lateral surface area shall be divided vertically
into approximately two equal parts, and all of the required information
shall appear on one of these surface areas.
A.
Pasteurized products. Containers in which pasteurized
milk or cream is shipped or delivered shall be plainly tagged, capped
or labeled "Pasteurized," and said tags, caps or labels shall be marked
with the location of the pasteurizing plant, name of the proprietor
of the business which is conducted at said pasteurizing plant and
the day on which the milk was pasteurized.
B.
Raw or natural products. Containers in which raw or
natural milk or cream is shipped or delivered shall be plainly tagged,
capped or labeled "raw" or "natural," and the tags, caps or labels
shall be marked with the location of the milk plant or dairy at which
the raw or natural milk was prepared for distribution to the consumers,
the name of the proprietor of the business which is conducted at the
milk plant or dairy, and the day on which the milk was produced.
All milk and cream collected, assembled, stored,
shipped, transported or imported into the City shall, until same reaches
the place at which it is prepared for distribution to the consumer
if intended for consumption as fluid milk or cream or the place at
which same is used in the manufacture of milk products, have attached
to the container or affixed thereon, printed in legible type, a tag,
label or cap bearing a State Department of Health permit number.
No milk from which the cream or any part thereof
has been removed shall be sold, offered or exposed for sale, or had
in possession for the purpose of sale, in a container having a capacity
of 40 quarts or more which does not have securely attached to the
container in a conspicuous place on the outside a label or tag with
the words "skimmed milk" printed thereon in letters at least one inch
in height and the lines of which shall be at least 1/8 inch in width.
Each container sold, offered or exposed for sale, or had in possession
with intent to distribute or sell, in violation of this section shall
constitute a separate and distinct offense.
Each receptacle containing milk or milk products,
or any beverage made from milk, a milk product or a milk substance,
brought into the City, or held, kept, offered for sale or sold therein,
shall bear a label on which there shall be clearly and legibly printed
the nature of the product contained in said receptacle; the name of
the operator of the place where said receptacle was filled; the address
of said place; and any additional information required in Title 24
of the Revised Statutes of New Jersey and the provisions of this chapter.
Such label shall be securely affixed to the receptacle at the place
where the milk or milk products, or the beverage made from milk, a
milk product or a milk substance, is placed into said receptacle,
and at no other place.
Cream which has been kept in cold storage must
be clearly and legibly labeled "Cold Storage Cream." Where fresh cream
is mixed with cream which has been kept in cold storage, the final
product must be labeled "Cold Storage Cream."
A.
Milk or cream brought into a pasteurizing plant to be pasteurized for sale or distribution in the City shall have a tag of pink-colored material affixed to each can or other receptacle indicating, in addition to the information required in the general provisions of § 315-26:
(1)
The date of shipment.
(2)
The term "Raw Milk" or "Raw Cream," as the case may
be.
(3)
The words "to be pasteurized at" (stating location
of pasteurizing plant).
(4)
When transported in tanks attached to trucks or railroad
cars, the number of quarts placed therein and, in the case of milk,
the butterfat content of the milk.
B.
Cans and tanks for the transportation of milk or cream
shall be filled and all openings permanently sealed with a lead seal
at the point of filling, and said seals shall remain unbroken until
the product is delivered into the custody of the consignee. The sealing
device shall be so constructed that when used it shall impress upon
the lead the initials of the shipper. When an opening is sealed, the
tag shall be so attached that it may not be removed without breaking
the lead seal. All sealing of openings of transportation tanks attached
to trucks shall be made outside the dustproof housings. Where milk
or cream is placed into a vehicle for transportation at more than
one shipping plant or station in order to receive its full capacity,
the reference seal placed at the inlet by the prior shipping plant
or station shall be broken and the inlet resealed by the operator
of the subsequent shipping plant or station, following his placing
of milk or cream therein, in such a manner as to securely attach his
tag and the tags of the prior shipping plants or stations. In such
cases, the operator of each shipping plant or station insofar as his
shipment is concerned shall comply with all the provisions of these
regulations.
A.
No milk or cream shall be dumped or poured from bottles
or single-service containers, to be used for any purpose, unless the
product is wholesome and the bottles, inner and outer caps, or single-service
containers, and the cans or containers into which same is to be poured
or dumped, are clean and the pouring or dumping process is performed
in a sanitary manner.
B.
No milk or cream poured or dumped from bottles or
single-service containers shall be held, kept or offered for sale
or used as fluid milk or sweet cream. Such milk or cream after dumping
may be used, upon repasteurization, for the purpose of manufacture
into chocolate milk or chocolate drink, sour cream, buttermilk, cultured
buttermilk, fermented milk, frozen desserts, ice cream mix or for
baking or other manufacturing purposes.
C.
The containers into which such milk or cream is to
be poured or dumped shall be labeled immediately prior to dumping,
and such labels shall bear the appropriate information as follows:
If the milk or cream is intended for manufacturing purposes, the tag
attached to the can shall bear the name and address of the dealer
who performed the dumping and the words, "Milk (or cream) dumped from
bottles or single-service containers at (here insert address) to be
used for manufacturing purposes only."
Tags attached to all cans of pasteurized milk
or cream which has been split at a place other than where pasteurized
shall bear all the information required on milk or cream tags and,
in addition, shall show the address where the milk or cream was split
and the name of the dealer performing the splitting.
Tags affixed to cans of milk, cream or ice cream
mix shall not be removed therefrom until the contents have been sold
or otherwise disposed of. Tags so affixed shall then be removed and
placed on file for a period of at least 30 days at the location where
the milk, cream or ice cream mix was sold or otherwise disposed of.
All caps, tags, labels and printing on single-service
milk or cream containers shall be subject to the approval of the Health
Department in accordance with the standards of this chapter. To obtain
such approval, proof prints or drawings or samples of such caps, tags,
labels and single-service containers shall be submitted in duplicate
to the Health Department.
A.
Cheese which has been manufactured from pasteurized
milk or milk products, or which has been subjected to a heat treatment
equivalent to pasteurization as qualified above, shall bear a label
indicating the name of the manufacturer, the place of manufacture,
the word "pasteurized" and the common name of the cheese, except that
a factory identification or a state license number, filed with the
State Department of Health, may be used in lieu of the manufacturer's
name and the place of manufacture.
B.
Cheese which has been subjected to an aging process as provided for in § 315-17E shall bear a label indicating the name of the manufacturer, the place of manufacture, the date of manufacture and the common name of the cheese, except that a factory identification number, filed with the State Department of Health, may be used in lieu of the manufacturer's name and place of manufacture.
C.
In the case of blended cheese of the cheddar-type
which is made by mixing different lots of aged cheese and which has
not been pasteurized or given equivalent heat treatment, a statement
on the label made by the manufacturer that all of the cheese in the
blend is at least 60 days old may be used in lieu of the date of manufacture;
provided, however, that each label shall contain some identifying
code which will relate to the manufacturer's record of processing
to enable a determination of the age of each different lot of cheese
in the blend.
D.
All labels referred to above must be affixed by the
manufacturer of the cheese at the place of manufacture, and no person
shall offer for sale, sell or deliver to the retail trade, restaurant
trade or ultimate consumer in the City any cheese which has not been
labeled in accordance with these requirements; provided, however,
that where cheese is repackaged or divided into wholesale cuts, the
name and address of the packer or wholesaler may appear upon the package
in lieu of the name and address of the manufacturer. Where cheese
is manufactured or packaged for a wholesale distributor, the name
and address of the wholesale distributor may appear in lieu of the
name and address of the manufacturer.
No pasteurized milk or pasteurized light cream
or pasteurized heavy cream or pasteurized skimmed milk shall be sold
or offered for sale to the consumer prior to 12:01 a.m. on the day
of the week appearing on the tag, cap or label thereof. No pasteurized
buttermilk, pasteurized cultured buttermilk, pasteurized light sour
cream, pasteurized chocolate milk, pasteurized chocolate drink or
pasteurized flavored milk may be sold or offered for sale prior to
12:01 a.m. on the day of the week corresponding to the code number
appearing on the tag, cap or label thereof.
No pasteurized milk or light cream, pasteurized
heavy cream or pasteurized skimmed milk shall be bottled more than
24 hours prior to the day of the week appearing on the tag, cap or
label thereof. No pasteurized buttermilk, pasteurized cultured buttermilk,
pasteurized light sour cream, pasteurized chocolate milk, pasteurized
chocolate drink or pasteurized flavored milk shall be bottled more
than 24 hours prior to the day of the week corresponding to the code
number appearing on the tag, cap or label thereof.
Every person engaged in the sale, holding for
sale, storage or distribution of any milk, milk products or other
products defined in this chapter shall at any time allow the Health
Officer, his representative or any authorized representative of the
Health Department to make inspections, take samples or specimens and
examine records as the inspector may consider necessary for the purpose
of carrying out the provision of this chapter.
The Health Officer, before issuing or renewing
a license to sell milk or cream, shall cause an inspection to be made
of every dairy farm where such milk or cream is produced and of every
plant in which it is to be received, bottled, pasteurized or otherwise
handled. The results of such an inspection shall be recorded upon
forms prescribed by the Health Department.
The Health Officer may, in lieu of the above,
accept and use in connection with the issuance of such license and
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.
All milk or milk products and all milk and cream
used in milk products intended for use in the City shall be subject
to inspection at their source of supply. All dairies, milk plants
and transportation equipment wherein such milk or milk products and
all milk and cream used in said milk products are produced, handled,
processed, manufactured or transported shall also be subject to inspection
to determine if they meet the minimum requirements set forth in this
chapter.
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 these rules and regulations
to be made at least once a year of all dairies from which milk has
been obtained. 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 one year.
A reasonable charge for inspection shall be
made for the inspection of dairies and milk plants. This charge shall
be in addition to all fixed license fees and service inspection charges
previously indicated in this chapter.
