The words and phrases used in this chapter shall be given the same definition and construction as such words and phrases are defined and construed in Division IV of Agricultural Code of the state of California and rules and regulations adopted and established by the regulations of the Director of Agriculture of the state of California, and such words and phrases as are used herein and not defined in said division of said Code or in said rules and regulations shall be defined and construed as provided in this chapter, unless it shall be apparent from the context that they have a different meaning:
“Adjacent plant” means any dairy products plant which is located within two hundred (200) feet of another dairy products plant.
Chief Dairy and Milk Inspector. Wherever the title Chief Dairy and Milk Inspector is used in this chapter there shall be substituted therefor the title Chief Milk Sanitarian.
“Dairy” means any place where one or more cows or goats are kept, a part of all of the milk or milk products of which are produced for distribution.
“Dairy permit” means a permit issued to a milk producer, as provided in this chapter.
“Dairy product” means and includes all fluid dairy products, butter, all types of cheese, dried milk and dried skim milk.
“Dairy products permit” means the permit issued to a transporter, processor, milk distributor or manufacturer of nondairy products, as provided in this chapter.
“Distribute,” or any of its variants, means and includes sale, offer for sale, expose for sale, have in possession for sale, exchange, barter, trade, deliver or give away, any dairy product.
“Fluid dairy product” means and includes milk, homogenized milk, skim milk intended for human consumption, chocolate milk, chocolate dairy drink, and similar chocolate drinks, buttermilk, cultured buttermilk, milkshake and similar mixed drinks, evaporated milk, evaporated skim milk, sweetened condensed milk, sweetened condensed skim milk, sour milk, sour cream and whey, when in fluid form, but shall not include evaporated milk, evaporated skim milk, sweetened condensed milk, or sweetened condensed skim milk when in a hermetically sealed metal package.
“Health Department” means the Health Department of the city of Oakland.
“Health Officer” means the Health Officer of the city of Oakland.
“Homogenize,” or any of its variants, when applied to market milk means market milk which has been treated to insure sufficient reduction in size of fat globules so that no visible cream separation occurs after forty-eight (48) hours of storage at not over fifty (50) degrees Fahrenheit.
“Manufacturing milk” means and includes manufacturing cream and manufacturing skim milk.
“Milk distributor” means any person who receives for processing, or processes, manufactures, handles, stores, packages or keeps for sale, market milk at his or her established place of business or delivers market milk beyond its confines.
Milk Inspector. Wherever the title Milk Inspector is used in this chapter there shall be substituted therefor the title Milk Sanitarian.
“Milk plant” means any place where market milk is processed or prepared for distribution as market milk.
“Milk sanitarian” means the Chief Milk Sanitarian, Supervising Milk Sanitarian or Milk Sanitarian of the city of Oakland.
“Package,” or any of its variants, means and includes bottle, jug, single-service container, shipping can, can, carton, and any and every other container used or intended to be used for the purpose of transporting or distributing a dairy product.
Package, Final. “Final package” means and includes any package that is intended for distribution to a consumer.
“Process,” or any of its variants, means and includes packaging, pasteurizing, manufacturing and any and all other steps in the treatment or preparation of a dairy product for distribution.
“Transporter” means any person who transports for hire a fluid dairy product for delivery in the city of Oakland, or which is intended for distribution therein. (Prior code §§ 4-8.01, 4-8.01(a)--4-8.01(e), 4-8.01(g)--4-8.01(n), 4-8.01(p)--4-8.01(s), 4-8.01 (u), 4-8.01(v))

A Milk Inspection Bureau is created and established in the Health Department, and shall consist of a Chief Milk Sanitarian, a Supervising Milk Sanitarian, Milk Sanitarians, a Laboratory Assistant, two Dairy Bacteriologists, and a dairy products laboratory. The members of the Milk Inspection Bureau shall have the authority and power to enforce all of the provisions of this chapter. (Prior code § 4-8.02)

The Health Officer shall have power to establish rules and regulations for the purpose of carrying out the provisions of this chapter. (Prior code § 4-8.03)

The Chief Dairy and Milk Inspector is the authorized representative of the Health Officer for the purpose of administering the provisions of this chapter. (Prior code § 4-8.04)

Each Milk Inspector shall have the right, and it shall be his or her duty, to enter and have full access, ingress and egress to and from all places where dairy products are received, stored, processed or distributed, and to all vehicles, railroad cars, boats and other conveyances of every kind used for transporting dairy products intended for processing or distribution in the city, and he or she shall enforce the provisions of this chapter. (Prior code § 4-8.05)

Each Milk Inspector may take samples of any dairy product without making compensation therefor, for the purpose of analyzing the same, wherever such dairy product is within the city or is intended for distribution therein. (Prior code § 4-8.06)

Grade A milk in final packages shall contain not less than three and five-tenths (3.5) percent milk fat and eight and fifteen-hundredths (8.15) percent solids not fat. (Prior code § 4-8.07)

Grade A milk for pasteurization or for the production of Grade A cream shall be produced on a dairy that scores not less than seventy (70) percent on the Dairy Farm Score Card adopted and established by regulation of the Director of Agriculture of the state of California. Grade A milk for pasteurization shall be pasteurized at not less than one hundred forty-three (143) degrees Fahrenheit for thirty (30) minutes or not less than one hundred sixty (160) degrees Fahrenheit for fifteen (15) seconds. (Prior code § 4-8.08)

All market milk distributed in the city in the final package for human consumption shall be pasteurized except that certified raw milk, as defined in California Agricultural Code Section 35921, may be sold provided such milk is produced at dairies which, at the time of the production of such milk, are in compliance with California Agricultural Code, Division 15, Part 1, Milk and Milk Products Act of 1947, Chapters 1, 2, 3, 4, Sections 32501 through 33321; and Chapter 6, Sections 33701 through 33780; Chapters 8, 9, 10, 11, Sections 34001 through 34806; and Part 2, Chapters 1 and 2, Sections 35601 through 36123, Article 14; and California Administrative Code, Title 3, Agriculture, pertaining to the production, processing, distribution and care of market milk and related dairy products within the area designated by the Director of the Department of Agriculture, and said statutory provisions and all amendments thereto are adopted as part of this chapter. (Prior code § 4-8.09)

It is unlawful for any person to process or distribute within the city any Grade A pasteurized milk which has not been pasteurized within the city or within two miles of the boundary line of the city. For the purposes of this chapter, “pasteurizing area” shall include the area within the city, and the area within two miles of the boundary line of the city. (Prior code § 4-8.10)

Grade A pasteurized cream shall contain not more than two hundred thousand (200,000) bacteria per milliliter before a pasteurization, and not more than thirty thousand (30,000) bacteria per milliliter at the time of delivery to the consumer. Grade A cream for pasteurization shall be cooled to fifty (50) degrees Fahrenheit or below immediately after separation, and so maintained until the process of pasteurization begins. (Prior code § 4-8.11)

Grade A cream used in standardizing Grade A milk shall be separated in the same milk plant for the same day’s Grade A milk in which it is to be used, and unless so used immediately, shall be cooled to fifty (50) degrees Fahrenheit or below, and shall be so used within eight hours after separation. (Prior code § 4-8.12)

Skim milk intended for human consumption in fluid form shall be derived from Grade A milk. Skim milk shall be pasteurized before or after separation and shall be immediately placed in a final package in the milk plant where pasteurized, and shall contain not over seventy-five thousand (75,000) bacteria per milliliter before pasteurization and not over fifteen thousand (15,000) bacteria per milliliter at the time of delivery to the consumer. (Prior code § 4-8.13)

Skim milk used in standardizing Grade A milk shall be separated in the same milk plant from the same day’s Grade A milk in which it is to be used, and unless used immediately, shall be cooled to fifty (50) degrees Fahrenheit or below, and shall be so used within eight hours after separation. (Prior code § 4-8.14)

Chocolate milk shall be made of Grade A milk, and chocolate dairy drink and similar chocolate drinks shall be made of Grade A milk or skim milk derived from Grade A milk, and shall contain not more than forty-five thousand (45,000) bacteria per milliliter at the time of delivery to the consumer. It shall be pasteurized after all ingredients have been added, and shall be packaged within twenty-four (24) hours after pasteurization, and shall be delivered to the consumer within forty-eight (48) hours after pasteurization. (Prior code § 4-8.15)

Every milkshake shall be made of Grade A milk, and all other mixed milk drinks and all mixed skim milk drinks in which are combined fruit juices, chocolate, chocolate syrup or other harmless syrups, shall be made of Grade A milk or skim milk derived from Grade A milk, and all such milk and skim milk shall be used directly from the final package, and such final package shall not be more than one quart capacity. Such final package shall be kept covered, and its contents under fifty (50) degrees Fahrenheit. The only exception to this section is homogenized milk which may be dispensed in an approved bulk milk dispenser as provided in the State Agricultural Code and this chapter. (Prior code § 4-8.16)

A. All Grade A market milk brought into the city for processing or distribution therein, shall conform to the requirements, definitions, gradings, and standards of Grade A market milk as provided in the Agricultural Code and this chapter. All other milk shall be classified as manufacturing milk.
B. The mixing of separated constituents of milk or cream to form reconstituted milk or reconstituted cream is forbidden except by special permission of the Health Officer. (Prior code § 4-8.17)

Homogenized milk shall not be mixed with any other fluid dairy product that has not been homogenized. Homogenized milk must meet all the requirements for market milk. There shall appear in letters not less than six-point boldface capital type in plain view on every final package of homogenized milk the word “homogenized.” (Prior code § 4-8.18)

Standards of dairy products required by this chapter shall be maintained through adequate supervision of equipment and methods of milk producers, milk distributors, processors, and transporters, and by laboratory analysis of appropriate samples of dairy products. Samples of market milk shall be taken and analyzed in accordance with regulations adopted and established by the Director of Agriculture of the state of California. (Prior code § 4-8.19)

It is unlawful for any person to bring into the city, or to distribute therein, any fluid dairy product unless the same was processed by a processor holding a dairy products permit issued by the Chief Dairy and Milk Inspector, as provided in this chapter. (Prior code § 4-8.20)

It is unlawful for any person to transfer Grade A milk or skim milk derived from Grade A milk from one container to another container in any place except in a milk plant, or to transfer any other dairy product from one container to another except in a dairy products plant; provided, however, this section shall not apply when such fluid dairy product is transferred to a drinking vessel for immediate consumption on the premises. (Prior code § 4-8.21)

In no case shall market milk be transported, processed, or stored in the same package or equipment in which manufacturing milk has been transported, processed, or stored, unless and until such package or equipment has been thoroughly cleansed and sterilized to the satisfaction of a Milk Inspector. (Prior code § 4-8.22)

It is unlawful for any person to process more than one grade or quality of milk or skim milk in the same dairy products plant, or in an adjacent plant, except under the supervision of a Milk Sanitarian. (Prior code § 4-8.23)

In case any milk or skim milk under supervision which has been passed by the Milk Inspector is not converted into any other product during a daily inspection period, such milk or skim milk may be held over, during the absence of the Milk Inspector, until some subsequent inspection period by being stored in a package or room under the exclusive control of a Milk Inspector. Manufacturing milk shall be processed only in the dairy products plant where originally received in the city, except pursuant to permission of the Chief Dairy and Milk Inspector. (Prior code § 4-8.24)

An application for inspection service required by Sections 8.16.230 and 8.16.540 shall be filed with the Chief Dairy and Milk Inspector not less than five days before such service is required. The length of time a Milk Inspector shall be present in any dairy products plant shall be determined by the Chief Dairy and Milk Inspector. (Prior code § 4-8.25)

Every milk distributor distributing any pasteurized milk not processed by himself or herself shall display in capital letters and in figures not less than one and one-half inches high and one inch wide, on both sides of each vehicle operated by him or her, the words “Bottled By” followed by the state factory license number of the plant processing the milk. (Prior code § 4-8.26)

Every package used in transporting Grade A milk for pasteurization shall be plainly marked by the owner of the package, in letters not less than three-fourths inch high and one-half inch wide, with the name of the milk producer and location of his or her dairy at which such milk was produced. (Prior code § 4-8.27)

Every package used for shipping a fluid dairy product, other than market milk, into the city for processing or distribution therein, shall be plainly labeled by the shipper with the name of the product, the grade, whether raw or pasteurized, and the name and address of consignee and the name and address of the consignor. Every label affixed as required by this section shall remain on every such package until the fluid dairy product therein is emptied therefrom for processing or distributing. The provisions of this section shall not apply to cream intended for the manufacture of butter. (Prior code § 4-8.28)

Every package used for shipping Grade A cream intended for processing or distribution in the city shall be provided with wire ties securing labels identifying the product. (Prior code § 4-8.29)

Every final package of a fluid dairy product shall have indelibly indicated thereon in a legible manner, in not less than eight point boldface capital type, the correct name of the product it contains, name and address of the person packaging the same. Chocolate skim milk drinks shall be labeled “Made of skim from Grade A milk.” (Prior code § 4-8.30)

A. A proof print of every final package for a fluid dairy product and the design for each cap, or label intended to be used thereon, shall be submitted in duplicate to, and approved by, the Chief Dairy and Milk Inspector before the same may be placed in use.
B. Every cap, label, and final package for a fluid dairy product which does not conform to the provisions of this chapter and the Agricultural Code shall be forfeited by the possessor thereof to a Milk Inspector and destroyed by him or her. (Prior code § 4-8.31)

All fiber, plastic or similar single service containers, and all metal containers which contain Grade A milk, homogenized milk, skim milk or nonfat milk, cream, dairy drinks, half-and-half, cottage cheese, ice cream mix, ice milk mix, milk drink mix, or similar mixes, delivered for sale at retail in the city, or stored by its processor within said city, shall be coded to indicate the date of processing. The code or container shall also indicate the location of the processing plant. The code shall be legible and so located upon all containers that it can be seen at all times. The code shall be securely attached to metal containers, and not removed therefrom until emptied. Each processor of any of the above dairy products who stores or delivers for sale at retail the same in the city shall deliver to the Milk Inspection Bureau its code together with the method of deciphering same. (Prior code § 4-8.315)

Grade A milk for pasteurization shall be cooled immediately after being drawn from the cow or goat to a temperature at fifty (50) degrees Fahrenheit or below, and thereafter maintained at that temperature or below until delivery to the transporter, and shall not exceed fifty-five (55) degrees Fahrenheit during transportation and until processing begins, except as provided in Section 8.16.340. (Prior code § 4-8.32)

Grade A milk used for the production of Grade A cream which is delivered to a dairy products plant located outside of the pasteurization area of the city shall be cooled immediately after being drawn from the cow or goat to fifty (50) degrees Fahrenheit or below, and thereafter maintained at that temperature or below until delivery to the transporter, and shall not exceed fifty-five (55) degrees Fahrenheit during transportation and until processing begins at such plant, except that milk delivered to such plant within four hours after completion of milking shall, in lieu of the above cooling requirement, be cooled to as low a temperature as practicable on the dairy and so maintained during transportation. Such Grade A milk shall be separated as soon as received at such dairy products plant, or cooled to and held at the temperature of fifty (50) degrees Fahrenheit or below, until the separating process begins. (Prior code § 4-8.33)

After processing, skim milk, buttermilk, cultured buttermilk, chocolate milk, and chocolate dairy drink shall be immediately cooled to a temperature of fifty (50) degrees Fahrenheit or below, and so maintained until delivered to the consumer. (Prior code § 4-8.34)

Every grocery store and other establishment distributing a fluid dairy product to the consumer shall have a refrigerator which shall be capable of maintaining fluid dairy products at a temperature of fifty (50) degrees Fahrenheit or below within such refrigerator. Such refrigerator shall have sufficient capacity to hold all fluid dairy products kept on such premises, and all such fluid dairy products shall at all times be kept in such refrigerator. Such refrigerator shall be kept clean at all times and shall be properly drained in accordance with the provisions of the Uniform Plumbing Code and the Uniform Mechanical Code. (Amended during 1997 codification; prior code § 4-8.35)

Every fluid dairy product above the legal cooling temperature specified in this chapter, or which otherwise violates any provision of this chapter or of the Agricultural Code, which is found in the city, or intended for distribution therein, shall be degraded by a Milk Inspector. Market milk degraded for high temperature only may be used for market cream. All dairy products unfit for human consumption shall be condemned and shall be destroyed by a Milk Inspector or marked for identification by a nontoxic substance, or diverted to a use other than for human consumption. (Prior code § 4-8.36)

Every dairy product which is degraded may be diverted to manufacturing plant, or stored in a container or room under the exclusive control of a Milk Inspector, and shall be sealed by, and identified by a label signed by him or her, and it is unlawful for any person to remove such dairy product from package or room in which the same is sealed, or to remove the same from the place where degraded, or to tamper with, remove, deface or substitute any such seal or label. A degraded product shall be handled only under the direction of Milk Inspector. (Prior code § 4-8.37)

Every person who operates pasteurizing equipment shall use for checking the pasteurization temperature of each vat, a long stem indicating thermometer which is accurate within one degree Fahrenheit, said thermometer to be supplied by the processor who operates the dairy products plant. (Prior code § 4-8.38)

Every processor who receives Grade A milk for pasteurization or separation in the city, or for distribution therein, shall provide an indicating thermometer on the milk weigh tank, and the correct temperature of each milk producer’s milk at the time it is weighed shall be recorded upon the receiving sheet. (Prior code § 4-8.39)

Every new installation of a recording thermometer used for recording the pasteurization temperature of market milk shall be equipped with a chart of a type which will record the pasteurization temperature in one degree divisions between one hundred thirty-five (135) degrees Fahrenheit and one hundred fifty (150) degrees Fahrenheit. The rotating chart support shall be provided with a positive lock on the chart in a manner to prevent its free rotation. (Prior code § 4-8.40)

All inlet and outlet valves hereinafter installed on pasteurizing vats shall be flush or close coupled, leak-proof type, or each pasteurizing vat shall be filled or emptied by a single pipe which shall not be connected to any other pasteurizing vat, and such pipe shall be connected only during the filling or emptying of each vat. (Prior code § 4-8.41)

Except when an automatic holding time recorder is used on each pasteurization unit mentioned in this chapter showing time of closing inlet valves and opening of outlet valves for each pasteurization, all market milk preheating for the pasteurization process shall not advance above one hundred thirty-eight (138) degrees Fahrenheit at any time until the vat is filled or inlet pipe is permanently closed. (Prior code § 4-8.42)

Every final package of fluid dairy products shall be sealed in a manner that will protect the pouring lip of such package from contamination. The cap or cover used shall cover the pouring lip to at least its largest diameter, shall meet the approval of the Health Officer and shall be mechanically applied at the time of packaging. In no case shall a cap be used a second time on any package. (Prior code § 4-8.43)

No type of single service container for fluid dairy products shall be used in the city unless a sample of the same has been filed with, and approved in writing by the Health Officer, together with satisfactory evidence that the materials used in the manufacture of the same have been approved by the Director of Agriculture of the state of California. (Prior code § 4-8.44)

All single service containers intended to contain a fluid dairy product shall be received at the dairy or milk plant in clean, unbroken, dustproof, factory-sealed shipping wrappers or cartons and shall be stored in cool dry rooms free of dust, insects, vermin or other sources of contamination. Such packages shall remain in sealed wrappers or cartons and be exposed only immediately before filling in a room approved by the Health Officer for the handling of sterile packages. Moisture-proofing of such packages shall be done with a fully refined paraffin wax or other suitable material which is odorless, tasteless, sterile and nontoxic. All such packages shall be handled mechanically so far as possible, and be paraffined, conveyed, filled and sealed so as to prevent contamination from manual contact, dirt, vermin and insects. (Prior code § 4-8.45)

It is unlawful for any person to distribute any dairy product from any place unless the sanitary condition of such place shall have been approved by the Health Officer. (Prior code § 4-8.46)

It is unlawful for any person to bring into the city, or to process therein, any market milk unless the same was produced on a dairy operated by a milk producer holding a dairy permit issued by the Chief Dairy and Milk Inspector, as provided in this chapter. (Prior code § 4-8.47)

It is unlawful for any person to operate in the city the business of processor, milk distributor, transporter, or any business using manufacturing milk in the processing of a nondairy product, unless he or she holds a dairy products permit issued by the Chief Dairy and Milk Inspector, as provided in this chapter. (Prior code § 4-8.48)

An application for a dairy permit or a dairy products permit shall be made in writing to the Chief Milk Sanitarian upon a form supplied by the Health Officer and shall designate the location of the operations to be performed, the nature of such operations, and give such other information as may be required by the Chief Milk Sanitarian. Upon the filing of such application, a Milk Sanitarian shall inspect the premises referred to and their immediate surroundings, together with the equipment, facilities, and methods to be employed in conducting the operations to which such application pertains. If the Chief Milk Sanitarian shall find that all provisions of this chapter and the Agricultural Code pertaining to such applicant and such premises are complied with, that conditions of the premises, equipment, and facilities involved are compatible with public health, a permit shall be forthwith granted. (Prior code § 4-8.49)

A. Every dairy permit shall set forth the grades of milk to be produced by the milk producer for processing or distribution in the city, the name and address of the person to whom the milk producer’s milk is to be delivered, and such milk shall not be delivered to any other person except pursuant to the rules and regulations of the Health Officer.
B. Every dairy permit and every dairy products permit shall designate the dairy or dairy products plant, as the case may be, the premises and operations to which the permit shall apply, and shall be valid at no other location, and for no person other than the person thereon named. (Prior code § 4-8.50)

Every dairy permit and every dairy products permit shall expire at the end of the calendar year in which issued. Every permit may be renewed during the month of January of each successive year, upon application therefor on a form supplied by the Health Officer, if the applicant for a renewal shall have conducted the business for which he or she holds a permit under this chapter in accordance with the requirements of the Agricultural Code and this chapter during the year preceding that for which such renewal is requested. (Prior code § 4-8.51)

Every dairy permit shall be subject to suspension by the Chief Dairy and Milk Inspector, and to revocation by the Health Officer, in the event the milk producer to whom it was issued shall fail to commence shipment of market milk in accordance with his or her permit within five days after the date of issuance thereof, or shall discontinue shipment of market milk for five consecutive days, or in the event that such dairy shall at any time ship less than a minimum percentage of the total milk produced daily on such dairy in accordance with rules and regulations of the Health Officer, and thereby fail to demonstrate such dairy to be a bona fide source of milk supply for the city. (Prior code § 4-8.52)

When Grade A milk for production of Grade A cream is delivered to a dairy products plant outside of the pasteurizing area of the city, a dairy products permit may be granted to such plant by the Health Officer subject to the limitation that such milk shall be used only for the production of Grade A cream. The Health Officer may grant a dairy permit containing the same limitation to each milk producer supplying such plant. Such dairy products shall be processed under the supervision of a Milk Sanitarian. All such Grade A cream for processing or distribution in the city shall be transported directly from such dairy products plant to a milk plant holding a permit from the city, and the label of every package shall be authenticated and sealed in a manner approved by the Health Officer. It is unlawful for any person to remove, tamper with, deface or substitute any seal or label, until such package is opened for processing. (Prior code § 4-8.53)

A. Milk sold in bulk milk dispensers must conform to the California State Agricultural Code pertaining to dairy products and this chapter.
B. All containers in which milk is kept, stored, transported or delivered, shall be sound, smooth, free from rust or open seams, cracks and crevices, and at all times in a condition which will permit thorough cleaning of all surfaces which have been in contact with milk.
C. All parts in contact with milk must be so constructed that they are readily cleanable and of noncorrosive materials.
D. Any drip or spillage from dispensing valves shall be disposed of in a sanitary manner and the inside of the cabinet must be kept clean and sanitary.
E. All parts which come in contact with milk, except single service parts, must be rinsed, washed, and sterilized after the content of each can is emptied.
F. Temperature of the milk shall not exceed fifty (50) degrees Fahrenheit.
G. The bacteria, butterfat, and solids of the milk must be legal at all times.
H. Cans shall be sealed at the milk products plant and this seal shall not be broken until the can is emptied of all of its contents. A tag with the date or date code of processing and the grade of milk shall be attached to the can and remain on the can until all of its contents are emptied.
I. Milk or milk products shall be disposed of within seventy-two (72) hours after delivery.
J. Cans shall be filled in a sanitary manner and the milk must not be subject to contamination while filling at the milk products plant.
K. The location of the bulk milk dispenser is subject to approval by the Health Officer. (Prior code § 4-8.541)

All persons who come in contact with a dairy product or clean or unused packages must exercise scrupulous cleanliness and must not be afflicted with or be in condition to disseminate any communicable disease which may be conveyed through a dairy product, and must not be a contact of any such afflicted person directly or indirectly. The presence of such disease among employees or other persons on the premises shall be immediately reported to the Health Officer by the milk producer, milk distributor, processor, or transporter, as the case may be, employing such person and every person working in close proximity to an exposed dairy product or to clean packages intended for such products shall furnish such information, permit such physical examination, and submit such laboratory specimens as the Health Officer may require for the purpose of determining freedom from infection. (Prior code § 4-8.55)

A. Whip cream topping must conform to the laws and regulations of the State Agricultural Code pertaining to dairy products and this chapter.
B. Whip cream topping is a product packaged and dispensed from a pressurized hermetically sealed container.
C. All containers shall be smooth, sound, free from rust or open seams and at all times kept in a condition which will permit thorough cleaning of all surfaces. The containers shall be so constructed that they are readily cleanable and made of noncorrosive materials. Every cap, container, dispensing nozzle and label intended to be used for whip cream topping, shall be submitted to and approved by the Health Officer before the same may be placed in use. Every container, cap, dispensing nozzle and label which does not meet the requirements of this chapter or the California Agricultural Code shall be subject to condemnation by the Health Officer.
D. All dispensers must be washed and sterilized before refilling.
E. It shall be made from cream or other dessert material which contains not more than one hundred fifty thousand (150,000) bacteria per milliliter with or without added nonfat milk solids, sweetening and harmless edible stabilizer not exceeding one-half of one percent.
F. It shall contain not less than twenty (20) percent of milk fat and shall contain not more than thirty thousand (30,000) bacteria per milliliter after pasteurization.
G. It shall be charged with nitrous oxide or other inert harmless gas approved by the Health Officer.
H. Harmless flavoring or coloring may be added.
I. It shall be labeled with the term “Whip Cream Topping” and with the name and address of the manufacturer.
J. Milk and milk products used in the manufacture of whip cream topping shall be pasteurized.
K. All containers shall be date coded with the date of processing. The code identity shall be available to the Department of Public Health.
L. Container with whip cream topping must be kept under refrigeration at all times (fifty (50) degrees Fahrenheit or below) except when in actual use.
M. Dispensing nozzles shall be changed daily and washed and sterilized preferably by boiling for ten minutes and kept in a sanitizing solution until used. This does not apply to single service containers.
N. Whip cream topping shall be disposed of within seven days after processing, except those products which are sterilized. Any exceptions to this section must be approved by the Health Officer.
O. If the product is in the single service type of dispenser, is sterilized, and so certified and labeled, kept under refrigeration, it may be held for not longer than six months if unopened. After opening, it shall be disposed of within seven days.
P. The outlet of the containers shall have a protective cover.
Q. Every processor and distributor of whip cream topping shall obtain a permit from the Milk Inspector Department of the city before distributing this product. (Prior code § 4-8.561)

Imitation whip cream toppings (or so-called dessert toppings manufactured or processed from ingredients other than dairy product ingredients) shall meet the same standards and requirements of whip cream topping insofar as the same are applicable, and shall be labeled imitation whip cream topping in accordance with the requirements of Section 676 of the State Agricultural Code. All retail establishments processing or selling imitation whip cream toppings must also meet the above requirements. A sign shall be placed in a conspicuous place in all establishments selling imitation whip cream toppings in plain block letters not less than six inches high with the words “Imitation Whip Cream Toppings Sold Here.” (Prior code § 4-8.562)

In addition to the requirements of Section 639.5 of the Agricultural Code eggnog which is sold to the wholesale trade shall be coded with the date of bottling or packaging on the container and sold to the consumer within seven days from this date. Samples of cartons shall be submitted to the Milk Inspection Bureau for approval. (Prior code § 4-8.563)

It is unlawful for any person to, or for any person to cause or permit any person to, operate any equipment for the pasteurization of any dairy product in the city, or for the pasteurization of Grade A milk or skim milk derived from Grade A milk outside of the city, if intended for distribution therein, unless the person operating such pasteurizing equipment shall have first obtained and shall hold a pasteurizer’s permit issued by the State of California Dairy Bureau. (Prior code § 4-8.57)

Every permit issued pursuant to any provision of this chapter shall be subject to suspension by the Chief Dairy and Milk Inspector, and to revocation by the Health Officer, for the isolation of any provision of this chapter, or of the Agricultural Code. No permit shall be revoked until the holder thereof shall have had notice in writing of the reasons for the proposed revocation and of the time and place of the hearing for such revocation at least five days prior to the date thereof, and shall be entitled to be heard at such hearing. (Prior code § 4-8.58)

Every dairy permit and dairy products permit issued pursuant to the provisions of this chapter shall be posted conspicuously at the place of business named in such permit. A milk handler’s permit and pasteurizer’s permit shall be carried by the holder thereof at all times when engaged in performing any function for which permit was issued, or shall be posted conspicuously in the room where such person is engaged in performing any function for which such permit was issued. (Prior code § 4-8.59)

Every processor of market milk under the jurisdiction of the city, Milk Inspection Department shall pay to the City Treasurer of the city, through the Chief Milk Sanitarian, a monthly inspection fee of 2.6 mills per gallon on all milk processed, except milk received from country milk plants under other inspection departments upon which fees have already been paid. The inspection fee required to be paid shall be due on the first day of every month for the preceding calendar month and shall be delinquent twenty (20) days after the first day of every month. The fee, when paid, shall be accompanied by a report on a form provided by the Chief Milk Sanitarian, duly sworn to by the manager or the person paying the fee, before a person authorized by law to administer oaths, setting forth the correct number of gallons of market milk processed during the previous month, upon which fee is based. (Prior code § 4-8.63)

The inspection fee required to be paid by a milk distributor shall be payable on or before the twentieth day of each calendar month for the preceding calendar month. Every fee, when paid, shall be accompanied by a report on a form provided by the Health Officer setting forth the correct number of gallons of market milk received during the previous month upon which the required fee is based. Such inspection fee shall be delinquent on the twenty-first day of each calendar month. (Prior code § 4-8.68)

All original daily receiving sheets and records of weights made by a processor or milk distributor relative to market milk received by him or her shall be kept available for examination by a Milk Inspector for a period of not less than five months. (Prior code § 4-8.69)

Every inspection fee required by this chapter which has not been paid at the time it becomes delinquent shall thereupon have added thereto a penalty equal to ten percent of the delinquent fee, and an additional penalty of ten percent of the delinquent fee shall be added for each month or fraction thereof thereafter during such delinquency until the fee and penalty thereon are fully paid. Nonpayment of any delinquent inspection fee due shall constitute cause for suspension or revocation of any permit issued under this chapter. (Prior code § 4-8.74)

Every dairy products plant receiving or processing market milk shall provide separate rooms for:
A. Receiving and weighing raw milk;
B. Pasteurizing, cooling and bottling of milk;
C. Bottle washing and sterilizing operations;
D. Boiler, compressor and other machinery;
E. Storage of supplies;
F. Cold storage of dairy products; and
G. Toilet and locker facilities. (Prior code § 4-8.75)

All rooms in a dairy products plant in which dairy products are received, processed or stored shall be located above street level and have floors constructed of concrete or other impervious and easily cleaned material, smooth, properly drained, and provided with sufficient floor drains installed according to the Uniform Plumbing Code and the Uniform Mechanical Code. Intersection of floor and walls shall be covered. Floor drains shall be not more than thirty (30) feet apart, and single drains shall be near the center of the room. (Amended during 1997 codification; prior code § 4-8.76)

A. Walls of rooms in which dairy products are received, stored or processed shall be of concrete or masonry to a height of not less than four feet above adjoining floors. Walls and ceilings shall have tight, smooth, washable, light-colored surfaces. All openings into the outer air shall be effectively screened against flies, and doors shall be self-closing. All rooms shall be well lighted and properly ventilated according to their use.
B. Every dairy products plant shall be provided with adequate toilet facilities. Toilet rooms shall not open directly into any room in which dairy products are received, processed or stored. Doors of all toilet rooms shall be self-closing. Toilet rooms shall be kept clean and well ventilated. Lavatory facilities shall be provided, including running hot water, soap and towels in toilet rooms and each room where dairy products are processed.
C. Every dairy products plant shall provide a separate locker room for employees.
D. The interior of all dairy products plants shall be painted and kept in good condition and repair. (Prior code §§ 4-8.77, 4-8.78)

Every dairy products plant shall score not less than eighty (80) percent on the score card for factories of dairy products adopted and established by regulations of the Director of Agriculture of the state of California. (Prior code § 4-8.79)

It is unlawful for any person to process cheese, butter, ice cream, ice milk, sherbet, dried milk, dried skim milk, evaporated milk, evaporated skim milk, sweetened condensed milk, or sweetened condensed skim milk, in any room where market milk intended for processing or distribution in the city is received, stored, or processed. (Prior code § 4-8.80)

Grade A milk shall be transported directly from the producing dairy to a milk plant holding a dairy products permit. (Prior code § 4-8.81)

Every vehicle used in the transportation of market milk from a dairy to a dairy products plant shall be fully enclosed, and shall be insulated in a manner approved by the Health Officer. Roadside stands shall be constructed, enclosed and insulated in a manner approved by the Health Officer. (Prior code § 4-8.82)

Every vehicle while transporting market milk or milk products in final packages in the city shall be enclosed with bodies of metal or wooden materials approved by the Milk Inspection Bureau. Standard passenger vehicles shall not be used for regular deliveries of milk or milk products. Lettering must be painted permanently on both sides of all vehicles in accordance with the requirements of Section 676 of the State Agricultural Code. All replacement vehicles shall meet the above requirements and be approved by the Milk Inspection Bureau. Sacks in which ice is placed for refrigeration of fluid dairy products shall be of a type approved by the Milk Inspection Bureau and shall be kept in a clean and sanitary condition at all times. (Prior code § 4-8.83)

A. All dairy cattle and goats owned or controlled by a milk producer shall be given a tuberculin test and, if any such animal shall react to such test, such animal shall be immediately removed from the milking herd and shall be removed from the premises within thirty (30) days after the completion of the test. Every dairy shipping in market milk to processing plants under the jurisdiction of the city must conform to the state and federal tuberculosis eradication program.
B. A copy of every tuberculin-test certificate shall be filed with the Chief Milk Sanitarian before the dairy shall be recognized as tuberculosis free. (Prior code § 4-8.84)

No dairy permit shall be issued and an existing dairy permit shall be revoked if more than ten percent of the cows or goats in the herd shall react to the tuberculin test. (Prior code § 4-8.85)

The Health Officer may require, at intervals and by methods prescribed by him or her, any test or examination he or she may deem necessary for the purpose of determining in dairy cattle and goats the presence of animal diseases other than tuberculosis, the milk from which animals is intended for processing or distribution in the city. Every diseased dairy animal or goat shall be removed from the milking herd or from the dairy as the Milk Inspector may require. Cows or goats showing an extensive or entire induration of one or more quarters of the udder upon physical examination shall be permanently excluded from the milking herd. Every cow or goat giving bloody, stringy or otherwise abnormal milk, but with slight induration of the udder, shall be excluded from the herd, and the milk from such animal shall be discarded until a re-examination of such animal shows that its milk has become normal. (Prior code § 4-8.86)

A. A milk producer shall provide suitable equipment for properly washing and sterilizing dairy equipment and for cleaning dairy buildings.
B. Milk Houses. Milk rooms and wash rooms on dairies shall be used for no other purpose than that connected with the handling of milk and milk equipment.
C. Housing. Milkers on the dairy shall be housed in a sanitary manner and provided with sanitary toilet and bathing facilities.
D. Buckets. Hooded milking buckets with small openings shall be used at all times, and no more than one bucket shall be allowed to each milker.
E. Can Covers. Every can of five gallon capacity or more used for transporting Grade A milk shall be provided with tight-fitting mushroom-type cover.
F. Milk Stools. Milk stools shall be made of metal or other impervious material and shall be kept clean.
G. Wash Sinks, Etc. Every wash sink, table, rack, stepladder, and shelf on a dairy and in a dairy products plant shall be constructed of nonabsorbent material and kept clean at all times. (Prior code §§ 4-8.87, 4-8.88)

A. No domestic or other animal shall be permitted in any room where dairy products are received, processed or stored.
B. Domestic or other animals, excepting dairy cows and goats, shall be removed from dairy buildings to a distance which, in the opinion of a Milk Inspector, will prevent them from being a nuisance from the standpoint of drainage, odor and flies. (Prior code § 4-8.89)

A. No meat, fish, vegetables or other commodity affecting the flavor or odor of milk shall be stored in any cold storage room of a dairy or dairy products plant in which milk is stored.
B. No person shall use tobacco in any form, or expectorate, in any milk house or any room where exposed dairy products are received, stored, or processed.
C. Every brush and other appliance used in cleaning of packages and milk handling equipment shall be cleaned and sterilized daily.
D. Only flush type toilets with an adequate septic tank system shall be allowed on Grade A dairies.
E. Farm vats shall be rinsed out with cold water immediately after being emptied by the transport driver.
F. All doors of the milk house shall be in good repair, self-closing, and kept closed at all times.
G. Cows’ udders, flanks, and legs shall be washed before each milking until clean. Sediment discs taken at time of milking shall not show excessive sediment. Dairies showing an excessive amount of sediment on the sediment disc shall have their milk degraded until such time as they can produce clean milk as indicated by the sediment discs.
H. An opening shall be provided for the tanker hose in the door or wall of the milk house properly shuttered.
I. Wells shall be properly protected from contamination and a faucet installed close to the discharge of the pump, and a three-quarter inch pipe extended into the casing with a plug in order to chlorinate the well if necessary.
J. Human and animal wastes shall be disposed of in such a manner as to prevent the breeding of flies and mosquitoes.
K. Fly breeding shall be controlled.
L. The milk supplies and equipment shall be protected at all times from contamination.
M. The premises shall be kept clean, tidy, and sanitary at all times.
N. Proper materials and construction shall be provided around feed racks, water troughs, lanes, and corrals to keep the cows out of the mud and manure in the winter months. (Prior code § 4-8.90)

It is unlawful for any person to remove from any dwelling in which any case of communicable disease exists, any package until it has been released by the Health Officer. (Prior code § 4-8.91)

It is unlawful for any person to produce, receive, store, handle, process, or distribute any dairy product in violation of any provision of this chapter. (Prior code § 4-8.92)

It is unlawful for any person to prevent or to interfere with or to attempt to nullify in any way the work of the Health Officer or any Milk Inspector in the enforcement of any provision of this chapter, or to interfere with or prevent any of said persons from examining any record or book in the conduct of his or her official business, or to prevent or interfere with or prevent any of said persons in the event he or she deems it advisable to secure samples of any dairy product. (Prior code § 4-8.93)

It is unlawful for any person to distribute, or to knowingly purchase or receive any impure, polluted, tainted, unclean, unwholesome, stale or adulterated dairy product or any product made wholly or in part from any such dairy product, or any dairy product which violates any provision of this chapter. (Prior code § 4-8.94)

No provision of this chapter is intended to be in conflict with Section 498 or Section 497 of the Agricultural Code, as amended, and all provisions of this chapter shall be construed in harmony with said sections; nor shall any provisions of this chapter be construed so as to prohibit the Health Officer from permitting milk to be sold in the city in the manner provided in Section 485 of the Agricultural Code, as amended. (Prior code § 4-8.95)