Fresno County Municipal Code Ch. 8.04 Milk and Dairy Products

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State Law reference— For statutory provisions relating to the issuance by counties of permits to producers and sellers of milk, see Agric. Code §§ 33222, 33223.

It is unlawful for any person to process, sell, offer for sale, distribute or process for sale any market milk or related products as defined in Division 15 of the Agricultural Code of the state of California, including amendments thereto hereafter made without complying with the applicable provisions of said code, as amended, and of this chapter.

(Prior code, § 473)

All market milk and related products shall comply with the following sanitary requirements:

A. Not contain in excess of fifty thousand bacteria per milliliter at any time prior to pasteurization;

B. Be cooled immediately upon being drawn from the cow or goat to fifty degrees Fahrenheit until it commences transit to a milk processing plant and be maintained in transit at not to exceed fifty-two degrees Fahrenheit until delivered to such plant;

C. On and after July l, l958, they shall be sold in a final container covered with a double protective cap extending to the neck of the container or the entire pouring lip of the container shall be fully protected from the possibility of contamination or being tampered with prior to opening for consumption of the contents. The container shall bear a code attached thereto in a conspicuous place and approved by the health officer indicating the day of the processing thereof. This subsection relating to capping and coding shall not apply to milk sold and delivered to the consumer upon the premises where produced and processed, or to metal containers of one gallon or more.

(Prior code, § 473.1)

Subject to the provisions of Sections 33222 and 33223 or the Agricultural Code of the state of California, every person before engaging in the business of producing, processing, selling or distributing market milk or related products shall obtain a permit from the health officer of the county for each dairy farm, milk products plant or place of business whichever is applicable. The health officer may, after notice to the holder of such permit, revoke the same for flagrant or persistent violation to this chapter.

(Prior code, § 473.2)

Every milk products plant in any way processing or handling market milk or related products shall as an inspection fee pay to the health officer of the county an amount equal to 9/10 mills per gallon of milk received at the established place of business of said milk processing plant to be processed as Class 1 milk as defined by Section 4226 of the Agricultural Code. Provided, that in the event such plant is what is generally known as a bulk plant where milk is received, cooled and transhipped without other processing, the fee shall be 8/10 mills per gallon. Every milk products plant whether or not located within the area under the jurisdiction of the milk inspection service maintained by the county shall pay to the health officer a fee of ten dollars per month for each dairy farm within the area under the jurisdiction of the milk inspection service maintained by the county from which market milk is received. Provided, that where such dairy farm delivers to more than one milk products plant, the fee shall be proportioned on an equitable basis in proportion to the gallonage delivered to the several plants. The auditor-controller of the county is directed to make an investigation to be completed within six months of the effective date of the ordinance codified herein as to the actual cost to the county of inspecting the dairy farms and milk products plants including bulk plants for which the county has been designated as the milk inspection service and shall certify such facts to the health officer who shall thereupon, if necessary, adjust the fees herein specified to such amounts as will equal the actual cost to the county of the making of such inspections according to the certification of the auditor-controller as aforesaid. The auditor-controller shall thereafter likewise not less often than once each year make a similar investigation and certification as to the actual cost of inspection, and the health officer shall thereupon, if necessary, adjust such fees accordingly. Until the completion of the first investigation and establishment of the actual costs as herein provided, the fees herein specified are found and determined to be such actual cost as nearly as may at this time be ascertained. The fees herein provided shall be due on the twentieth of each month for the amounts accruing during the preceding calendar month, and if not so paid prior to the end of the month in which they become due shall become delinquent thereon and shall have added thereto a penalty equal to five percent of the regular fee.

(Prior code, § 473.3)

The provisions of this chapter shall apply only to that area of the county and the milk products plants, dairy farms and places of business therein within an approved milk inspection service as set forth in the Agricultural Code of the state for which the county has been or may hereafter be designated and assigned by the Director of Agriculture of the state as the agency to conduct the milk products plant inspection or dairy farm inspection, or both. This chapter does not apply to any farm where not more than two cows or not more than six goats are in lactation and from which milk is not sold to a milk products plant.

(Prior code, § 473.4)

The health officer of the county is designated as the officer responsible for the enforcement of the provisions of this chapter.

(Prior code, § 473.5)