Daly City Municipal Code Ch. 8.08 Milk Regulations

For the purposes of this chapter, certain words and phrases are defined and certain provisions shall be construed as set out as follows in this section, unless it shall be apparent from the content that a different meaning is intended:

A. "Agricultural code" means Division IV, Chapters 1 to 10, inclusive, of the Agricultural Code of the state.

B. "California Administrative Code" means Subchapter 1, Chapter 2, Title 3, of the. California Administrative Code.

C. "Fluid dairy products" means milk, cream, homogenized milk, skim milk intended for human consumption, chocolate milk, chocolate dairy drink and similar flavored drinks, buttermilk, cultured buttermilk, milk shake and similar mixed drinks, ice milk mix, ice cream mix, sour milk, sour cream, when in fluid form.

D. "Health department" means the county department of public health and welfare.

E. "Health director" means the director of the county department of public health and welfare, or his duly authorized agent.

F. "Market milk" means milk which is supplied to the consumer in the natural fluid state, or which is prepared for human consumption without being converted into any other form or product. Except as otherwise provided in Section 35811 of the Agricultural Code, "market milk" includes "market cream."

G. "Milk ordinance of the county" means Chapter V of Division IV of the San Mateo County Ordinance Code.

H. "Pasteurized" means that the milk or milk product has been subjected to a process which is described in Chapter 8 (commencing with Section 34001) of Part I, Division 15, of the Agricultural Code of the state, or other process which has been demonstrated to be equally efficient and has been approved by the division of agriculture of the state.

I. "Sell" means "offer for sale," "expose for sale," "exchange," "trade," "distribute" or "barter."

(Prior code § 13-26)

It is unlawful for any person, firm or corporation or the agent or employee of any person, firm or corporation to produce, process, sell or distribute any market milk or other fluid dairy products for human consumption unless such products conform to the standards and requirements for market milk or other fluid dairy products as provided by the Agricultural Code, California Administrative Code and Chapter V of Division IV of the San Mateo County Code Ordinance and any amendments thereto. In addition to conforming to the above standards these products must be pasteurized.

(Prior code § 13-27)

It is unlawful for any person, firm or corporation to sell, expose or offer for sale within the city any market milk or any other fluid dairy products unless such person, firm or corporation shall have first obtained a permit from the health department to sell, expose or offer for sale a specified grade or grades of market milk or other fluid dairy products.

(Prior code § 13-28)

All cream to be sold, offered for sale or distribution as market cream shall be graded as Grade A cream with the name and address of the producer or original bottler on the bottle cap or container. Only Grade A cream or milk shall be used for the purpose of standardizing of Grade A milk. The class or grade of all cream received in bulk by any consumer, user or distributor shall appear plainly on or be attached to the container along with the name and address of the distributor, producer or shipper.

(Prior code § 13-29)

All retail establishments handling and selling market milk and other fluid dairy products or either of them shall keep all such items in a refrigerator of sufficient capacity to hold the amount of market milk and fluid dairy product handled in such establishments, and such refrigerator must at all times have a capacity of ice or refrigeration which will maintain a temperature under fifty degrees Fahrenheit within the refrigerator.

(Prior code § 13-30)

The duly appointed milk and dairy inspector of the county is empowered to perform the functions of milk and dairy inspector within the city for the purpose of enforcing the provisions of this chapter.

(Prior code § 13-31)