Calexico Municipal Code Ch. 8.24 Dairy Products

In this chapter, "dairy products" means the milk obtained from either milk cows or goats, and all byproducts of the same which are used for human food.

A. Certain dairy products shall be further classified as follows:

1. "Buttermilk" means the liquid residue left in the churns during the process of making butter, or a milk obtained from the artificial souring of a mixture of milk and cream, in which case the milk shall be known as "artificial buttermilk."

2. "Cream" means milk from which certain amounts of fluid and water content have been removed, and which contains eighteen percent or more of butterfat.

3. "Milk" means milk from which no portion of the original butterfat has been removed or reduced by any means and which does not contain more than eighty-seven and one-half percent of water or fluids, and which contains not less than eleven and one-half percent of milk solids or three percent of butterfat.

4. "Skim milk" means milk from which any portion of the butterfat has been removed, but which contains not less than nine percent of milk solids.

B. For the purpose of this chapter, ice cream is a dairy product.

(Prior code §§ 3820, 3821, 3824.2)

Any person, firm, or corporation who sells any dairy product, either by wholesale or retail, in any manner other than to be consumed upon the premises, as in the case of restaurants, cafes, soda fountains, etc., within the city limits of Calexico shall first obtain a license from the inspector of food products.

(Prior code § 3824)

Any person, firm, or corporation which sells or offers for sale any dairy products to be eaten or consumed on the premises, and who imports such dairy products and does not buy the same from a licensed wholesaler or retailer, shall also first obtain a license.

(Prior code § 3824.1)

Licenses will be issued to proper firms, persons, or corporations by the inspector of food products, provided their products in no way violate the terms of this chapter.

(Prior code § 3824.3)

Such license as required by this chapter shall be for a quarter of a year in advance, or the balance of the quarter in which they are issued, and shall cost three dollars per quarter.

(Prior code § 3824.4)

Any licensee who violates any provision of this chapter shall upon conviction of the first violation have his license suspended for thirty days, for the second violation sixty days, and for the third violation ninety days.

A fourth conviction shall result in a permanent revocation of the license.

(Prior code §§ 3824.6, 3824.61)

In addition to the suspensions and revocation designated in Section 8.24.060, the licensee shall be otherwise punished as may be set forth in this code.

(Prior code § 3824.62)

All stores operated by licensees shall have a certificate placed near the front door, stating that the place is licensed to sell dairy products and giving the serial number of the license.

(Prior code § 3824.9)

A. Licensees shall have their name legibly inscribed on all delivery wagons which may be operated by them and, in addition thereto, a license plate stating that the licensee is licensed to sell dairy products in Calexico, and bearing the number of the license.

B. Such license plates will be furnished by the inspector of food products at cost.

(Prior code §§ 3824.7, 3824.8)

Licensees shall keep the inspector of food products fully informed as to all sources of the dairy products which they may sell, or offer for sale, in order that the same may be properly inspected.

(Prior code § 3824.5)

All dairy products brought within the city limits with the purpose of offering the same for sale, and all dairy products sold or offered for sale or held in possession with intent to sell or to use in the city, whether at wholesale or retail, shall be subject to the provisions of this chapter.

(Prior code § 3822)

It is unlawful to bring such dairy products as designated in this chapter within the city limits with the purpose of selling the same within such limits, or to sell or offer or exhibit for sale any dairy products within the city, whether at wholesale or retail, unless such dairy products originate in or upon a dairy farm, ranch, or other dairy plant, which place of origin shall be constructed and conducted strictly according to the regulations set forth in this chapter and open at all times to inspectors of food products within the city.

(Prior code § 3822.1)

All dairy products sold in the city or brought within the city limits for purposes of sale therein shall be subject to the provisions set forth in Sections 8.24.140 through 8.24.300, and it is unlawful to so sell such dairy products if the same do not meet the requirements set forth in said sections.

(Prior code § 3823)

No dairy products shall contain any foreign chemicals, preservatives, or substances of any kind, nor any pathogenic bacteria, nor bacteria of any kind numbering more than five hundred thousand to the cubic centimeter.

(Prior code § 3823.1)

No dairy products shall have been stored at a higher temperature than fifty-five degrees Fahrenheit, or lower than thirty-four degrees Fahrenheit.

(Prior code § 3823.2)

A. Prohibited. No dirty milk shall be sold within the city limits.

B. Classification by Dirt Content. For purposes of this chapter, milk shall be classified according to its dirt content as follows:

1. Residue in Filter as Criterion. When a half pint has been passed through a filter consisting of an absorbent cotton disc, free from sizing, one-eighth of an inch in thickness, and with a filtering surface of from three-quarters of an inch to one inch in diameter, the residue left upon the filter disc shall determine the quality of the milk.

2. Clean Milk. Clean milk is milk that does not leave more than six particles of foreign matter visible to the naked eye, which particles are not to include hair, flies, nor fecal matter; nor shall clean milk discolor the filter disc excepting with butterfat.

3. Dirty Milk. Dirty milk is milk which contains dust, dirt, flies, hairs, pieces of fecal matter, or that leaves on the cotton filter disc more than eight particles of foreign matter visible to the naked eye.

(Prior code § 3823.5)

No skim milk may be sold within the city limits without due advertisement of the fact.

A. Wagons. Any wagon delivering skim milk must bear on each side in letters legible for a distance of eighty feet the words "Skim Milk."

B. Signs in Restaurants. Any restaurant or other place selling skim milk by the glass, or as a component part of any drink, must place in a conspicuous place so that all customers may see it a sign bearing the words "Skim Milk Sold Here" in letters visible from a distance of thirty feet.

(Prior code § 3823.4)

No condensed milk or cream shall be sold in the city unless it is from a dairy inspected by the inspector of food products of the city or of a standard brand in the original unopened can.

(Prior code § 3823.7)

All milk, cream, and skim milk shall be sold in bottles, sealed with a standard paper cap or seal, so as to be free from all impurities. Such bottles shall have marked on the glass the liquid contents thereof, and shall be filled to meet such measurement.

(Prior code §§ 3823.3, 3823.31)

When cream, milk, or skim milk is sold in larger quantities than one gallon, the same may be sold in cans.

(Prior code § 3823.32)

When milk, cream, skim milk, or buttermilk is sold to be consumed upon the premises, as in restaurants, cafes, soda fountains, etc., the same may be sold from storage cans or receptacles.

(Prior code § 3823.33)

A. No person, while on any public street delivering dairy products within the city, shall pour from one container to another any milk, cream, skim milk, or buttermilk.

B. Bottle and Bulk Deliveries. All bottle deliveries shall be made with bottles properly filled at the milkhouse; and all bulk or wholesale deliveries shall be made by carrying the original container in which the milk left the milkhouse into the premises of the purchaser, and there pouring the required quantity from said original container.

(Prior code §§ 3823.6, 3823.61)

No vehicle shall be used for delivering dairy products within the city limits unless such vehicle is so constructed that the containers are shielded from the sun and in compartments which are well ventilated. Such vehicle must be maintained in a clean and sanitary condition.

(Prior code §§ 3823.62, 3823.621)

No deliveries of dairy products shall be made to any premises on which there exists a case of a communicable, quarantinable disease; nor shall any empty milk bottles be received back from such premises, unless by permission of and under special direction of the health officer.

(Prior code § 3823.63)

No receptacle, can, bottle, or container owned by any dairy product person, firm, or corporation for the use of containing a dairy product shall be used by the owner, or any customer in whose temporary possession it may be, for any purpose other than storing dairy products.

(Prior code § 3823.64)

A. Shipping Tags and Stamps. No person, firm, or corporation shall deliver to or receive from any other person, firm or corporation any shipment of dairy products in a can or other container, unless such container bears a tag or stamp, or on which is legibly printed the date and hour of shipment, and the full name and address of shipper.

B. Time Limit on Delay. No dairy products shall be allowed to remain at any railroad depot, stage stand, or other transportation terminal for a longer period of time than one hour.

(Prior code §§ 3823.65, 3823.66)

No milk ticket, coupon, or other evidence of purchase or trade shall be used more than once, but shall be punched and destroyed.

(Prior code § 3823.82)

No dairy product shall be sold in the city limits if any case of communicable disease exists upon the premises of any persons who may be engaged in the process of producing, transporting, or delivering such dairy products.

(Prior code § 3823.8)

No dairy products shall be sold from any dairy where any extraordinary dangerous condition exists which has not been set forth in this chapter.

(Prior code § 3823.81)

Any dairy products which are found in the city in violation of the terms of this chapter shall be seized and destroyed by the inspector of food products.

(Prior code § 3823.9)