Del Norte County Municipal Code § 7.04

There is hereby created a milk inspection service which shall be operated under the supervision of the health officer of the county and conducted so that it shall meet the approval of the State Department of Agriculture.

(Ord. 73-31 (part), 1973)

The health officer shall direct and perform the functions of milk and dairy inspection within the county.

(Ord. 73-31 (part), 1973)

It is unlawful for any person, firm or corporation or agent or employee of any person, firm or corporation to sell, offer for sale, distribute or have in possession for sale or distribution, any milk or cream for human consumption as milk or cream, unless it conforms to the standards and requirements for the production of milk or cream established by the Agricultural Code of California, Chapters 1-10 inclusive, Division IV of the Milk and Milk Products Act and amendments thereto, and to the rules and regulations of the State Department of Agriculture and its enforcement, except as otherwise provided in this chapter.

(Ord. 73-31 (part), 1973)

Except as provided in this section, all market milk and cream, sold, offered for sale, distributed or in possession for sale in the county, shall be pasteurized as provided in the Milk and Milk Products Act, Chapter 4, Division 4 of the Agriculture Code of California. This section shall not apply to any milk or cream produced from dairies having fewer cows or goats in lactation then that defined as a "dairy farm" in the Milk and Milk Products Act, Chapter 5, Division 4 of the Agriculture Code of California. Notwithstanding the provisions of this chapter, it shall be legal for raw milk to be sold in Del Norte County, provided that said raw milk may be sold only from a state-certified Grade A processing plant, meeting all state requirements and inspected regularly by state and federal personnel. Any processing plant desiring to offer for sale raw milk shall be inspected at least monthly by state or federal per sonnel to insure the absence of salmonella and related bacteria.

(Ord. 81-02 § 1, 1981; Ord. 73-31 (part), 1973)

It is unlawful for any person, firm or corporation to sell, expose or offer for sale within the county any market milk or cream defined in the Agriculture Code of the state of California, except as otherwise provided in this chapter, who does not possess a permit from the health officer of the county.

Only a person who complies with the requirements of this chapter shall be entitled to receive and retain such a permit. Such a permit may be revoked by the county health officer upon the violation by the holder of any of the terms of this chapter, or in an emergency when in the judgment of the health officer the milk or milk products in question has become a public health menace, provided that the holder of the permit shall, after complying with such revocation, have the right of appeal to the county health officer for a hearing.

(Ord. 73-31 (part), 1973)

1. "Fluid milk products" includes market cream, concentrated milk, half and half, homogenized market milk, Vitamin D milk, buttermilk, cultured buttermilk, chocolate drink, homogenized market cream and any other product made by the addition of any substance to market milk or any of these products and used for similar purposes and designated as fluid milk by the health officer.

2. "Adulterated and misbranded milk and milk products" means any Substance claimed to be any milk or fluid milk product defined in" this chapter or the Food and Agricultural Code of the state of California, but not conforming with its definition as given in this chapter or the Food and Agricultural Code of the state of California.

3. "Health officer" means the health officer of the county of Del Norte or his authorized representative.

(Ord. 73-31 (part), 1973)

All distributors who purchase market milk from producers or other sources to be sold as graded market milk in the county, shall pay a fee to be set by resolution of the county board of supervisors for each gallon of market milk received and a fee for inspection of each producing Grade A Dairy. The fee shall be payable on or before the twentieth day of each calendar month covering the amount of market milk received or produced during the month preceding.

The fees shall be paid by the distributor to the county health officer, together with an appropriate report, giving the name of each producer or other source from which milk was received during the month preceding, together with the amount thereof, which report shall be on a form provided by the county health officer. All daily records of weights or gallons relative to milk received or distributed shall be kept available for a period of time of not less than three months.

(Ord. 73-31 (part), 1973)

All raw market milk or cream which may legally be sold or distributed under the provisions of this chapter shall be produced from animals free from Bang's disease (Brucellosis) as determined by tests applied by an approved veterinarian. Any serological examinations necessary in connection with these tests shall be made in a laboratory approved by the county health officer. All producing animals shall be tested just prior to the first sale or distribution of such raw market milk or cream, and annually thereafter. All animals found to be free from the disease shall be properly identified by means of a certificate signed and issued by the veterinarian, in duplicate, one copy of which shall be given to the owner, and the other filed with the county health officer.

All reacting animals shall be immediately removed from the premises where raw market milk or cream is produced, sold or distributed.

(Ord. 73-31 (part), 1973)

Any person, firm or corporation, or agent or employee of any person, firm or corporation who violates any provisions of this chapter, or rules and regulations made hereunder is guilty of an infraction, punishable by a fine of not less than twenty-five dollars nor more than five hundred dollars. Each and every violation of the provisions of this chapter constitutes a separate offense.

(Ord. 73-31 (part), 1973)

Should any action, paragraph, sentence, clause or phrase of this chapter be declared unconstitutional or invalid for any reason, the remainder of this chapter shall not be affected thereby.

(Ord. 73-31 (part), 1973)