The following definitions are applicable to the sections contained hereinafter, as pertinent to N.J.S.A. 24, etc.:
FLUID MILK PRODUCTS
Includes cream, sour cream, vitaminized milk, buttermilk, homogenized milk, reconstituted or recombined milk, milk beverages, cream beverages, skimmed milk beverages, and all other beverages containing in whole or part milk or cream.
FROZEN DESSERTS
Ice cream, frozen custard, French ice cream, French custard ice cream, sherbet, fruit sherbet, ice milk, ice, water ice, nonfruit sherbets, nonfruit ices, quiescently frozen dairy confection, whipped cream collection, bisque, tortoni, artificially sweetened ice cream, or artificially sweetened ice milk, special frozen dietary foods, frozen yogurt, mellorine frozen desserts, as all such products as are commonly known, together with any such mix used in frozen desserts and any products which are similar in appearance, odor or taste to such products or are prepared or frozen as such products are customarily prepared or frozen whether made with dairy or nondairy products.
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 giving birth or such other period as may be necessary to render the milk practically colostrum free.
MILK PRODUCTS
Cream, ice cream mix, sherbets, cream cheese or other food for human consumption made from milk or cream, or both.
[Amended 6-7-2001 by Ord. No. 2001-1[1]]
No person shall engage, either as principal or agent, in the production, distribution or sale of milk, milk products or fluid milk products within the Borough of East Rutherford without first obtaining a license from the Board for the purpose. The license fee for each place, store, station, or premises from which milk, milk products or fluid milk products are sold or distributed shall be the sum of $25. The license fee for each wagon, motor-truck, pushcart or other vehicle used for the distribution or sale of milk, milk products or fluid milk products shall be the sum of $25. Each license issued hereunder shall be valid from January 1 to December 31 in each year, unless sooner suspended or revoked. No license issued hereunder shall be assignable or transferable by the licensee.
[1]
Editor's Note: This ordinance provided that the fees take effect 1-1-2002.
Upon the granting of each such license, the Board shall provide the licensee with an identification card, which card shall bear the words "DAIRY PRODUCTS LICENSE, Board of Health, East Rutherford, N.J." and the number of the license together with such additional material, if any, as the Board shall prescribe. Each such identification card shall be posted by the licensee in a conspicuous place in the licensed premises, and, in all cases where a license applies to a wagon, motor truck, or other vehicle, such identification card shall be attached to such wagon, motor truck, or other vehicle, in some conspicuous place thereon or therein, and in such a manner and position as to protect said identification card from injury by the elements. No milk, milk products, or fluid milk products shall be sold or distributed unless such identification card is exhibited as hereinbefore prescribed.
A. 
Under application being made for license as required by this article and whenever required by this Board, there shall be filed by the applicant a written statement of his entire source of supply of milk, milk products or fluid 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.
B. 
Every licensee shall immediately notify the Board in writing of any change in the source of his supply of milk, milk products or fluid milk products. No milk, milk products or fluid milk products shall be sold or distributed in the Borough of East Rutherford unless the source of supply is approved by this Board.
C. 
No person shall obtain milk, milk products or fluid milk products from a broker, jobber or other concern which obtains milk, milk products or fluid milk products from other sources than those approved by this Board.
All premises where milk, milk products or fluid milk products are produced or handled for sale or distribution in the Borough of East Rutherford shall be open to this Board, its Health Officer or other representative of this Board, for inspection at all times; samples of milk, milk products, or fluid milk products shall be furnished said officers or agents by any producer, processor, or dealer at any time upon request.
Upon written request of this Board to the holder of any license, there shall be immediately filed at the office of this Board a list of all customers and their addresses to whom milk, milk products or fluid products are delivered. Said list shall bear the signature of the holder of the license.
No milk or fluid milk products shall be delivered, stored before delivery or transported at a temperature higher than 45º F.
All milk or fluid milk products shall be delivered or dispensed to the consumer only from sealed bottles or sealed sanitary containers unless special permission for delivery or dispensing in some other sanitary manner shall be granted by the Board. The sale of loose milk, or loose fluid milk products, the use of milk scoops, milk dippers, milk pumps and all types of suction devices is hereby prohibited.
All bottles used for the distribution of milk or fluid milk products shall be used for that purpose only and for no other.
No milk of fluid milk products shall hereafter be sold, offered for sale, or delivered within the Borough of East Rutherford unless the same shall have been first subjected to the process known as "pasteurization," as defined by Title 24, Chapter 10 of the Revised Statutes of New Jersey, and all amendments and supplements thereto.
Physical examinations of cows or other milk-producing animals by licensed veterinarians may be demanded by this Board upon written notice to that effect. Any animal not found in a sound physical condition must be isolated from the milking herd. Before any new cow or other animals shall be added to the milking herd they shall be given a physical examination by a licensed veterinarian and found to be free from infectious or communicable disease.
No person shall sell, deliver or dispense any frozen dessert or any other frozen products which may or may not contain as an ingredient milk, milk products, or fluid milk products without a license from this Board as provided for in § 396-49 of this article; nor shall any person sell or dispense any ice cream which has been manufactured or prepared from milk or cream which has not been pasteurized, nor any ice cream which contains more than 50,000 bacteria per c.c.; nor less than 10% butter fat by weight except when nuts or fruits or both are added, then 8% butter fat by weight. Ice cream must be manufactured under sanitary conditions approved by this Board, and no more than two licenses will be issued to any person, firm, or corporation and shall not be transferable.
Any person who violates any section of this article shall, in addition to all other penalties herein or hereinafter prescribed, have all licenses issued to him suspended or revoked by the Board.