Long Beach Municipal Code Ch. 8.36 Milk and Milk Products

All words, terms, and phrases used in this Chapter, except "Health Officer," shall be construed as defined in the Agricultural Code of the State, unless from the particular context it clearly appears that some other meaning is intended.

(Prior code § 5140.4)

No person shall engage in the business of producing or processing of any grade of market milk to be sold in the City or sell any grade of market milk in the City without applying for and obtaining an annual permit so to do from the Health Officer for each separate dairy, milk plant or place of business.

(Prior code § 5140.5)

No person shall engage in the business of producing, processing or manufacturing any ice cream, ice milk, ice cream mix, ice milk mix, buttermilk, or cottage cheese to be sold in the City or sell any ice cream, ice milk, ice cream mix, ice milk mix, buttermilk, or cottage cheese in the City without applying for and obtaining an annual permit so to do from the Health Officer for each separate dairy or plant where such products are produced, processed, or manufactured.

(Prior code § 5140.6)

Upon receipt of an application for any permit issued under the terms of this Chapter, the Health Officer shall cause an investigation to be made of the dairy, milk plant, or place of business where market milk or milk products are produced, processed, manufactured, sold or distributed; and in the case of a dairy, of the herd producing the milk.

(Prior code § 5140.7)

If the provisions of the State Agricultural Code regulating the production, processing, manufacturing, and standards of market milk or milk products, and the regulations pertaining thereto, and the provisions of this Chapter are complied with, the permit shall be issued by the Health Officer; provided, however, that the permit shall be granted only on the expressed condition that the same shall be subject to revocation or suspension for a period not to exceed six (6) months upon proof to the satisfaction of the Health Officer of any violation by the holder thereof or his servants, employees, or agent of any of the provisions of the State Agricultural Code or regulations pertaining thereto, regulating the production, processing, or standards of market milk or milk products or of any provision of this Chapter. Each permit issued under the terms of this Chapter shall expire at the end of the calendar year in which it is issued unless the same has been revoked or suspended as provided by this Chapter.

(Prior code § 5140.8)

No permit shall be suspended or revoked until after a hearing has been held by the Health Officer. Notice of the hearing shall be given in writing and served at least five (5) days prior to the date of hearing, upon the holder of the permit or upon his manager or agent. The notice shall state the grounds of complaint against the holder of the permit and shall also state the time when, and the place where, the hearing will be held. The notice shall be served upon the holder of the permit by delivering the same to said person or to his manager or agent; if such person has no place of business, then at his place of residence. If the holder of the permit cannot be found and service of the notice cannot be made upon him or his manager or agent, then a copy of the notice shall be mailed postpaid and registered, to the last known address of the holder of the permit; provided, however, when deemed necessary for the preservation of public health, the Health Officer is empowered to temporarily suspend the sale of milk or milk products immediately when the emergency arises, without the necessity of holding a hearing.

(Prior code § 5140.9)

A. Any person who purchases any such business for which a permit has been obtained and is in force at the time of such sale may conduct and operate such business under such permit for a period of not to exceed thirty (30) days from and after the date of such sale, unless such permit is revoked or suspended as provided in this Chapter, and such purchaser shall, during the period of said thirty (30) days, apply for and obtain a permit in the manner provided by this Chapter; and provided further, that if any holder of any such permit changes or removes the location of his place of business, such holder may continue to conduct and operate such business under such permit for a period of not to exceed thirty (30) days from and after the date of such change or removal unless such permit is revoked or suspended as provided in this Chapter, and such holder shall, during the said period of thirty (30) days, apply for and obtain a permit in the manner provided by this Chapter.

B. If such new permit is not applied for and obtained in the manner and within the time prescribed in this Section, such person shall be deemed to be conducting and operating such business without a permit from and after the expiration of such period of thirty (30) days.

(Prior code § 5140.10)

No person shall sell any milk or milk products of any kind intended or prepared for human consumption unless such milk or the milk used in any such milk products has been produced from nonreacting tuberculin tested cows.

(Prior code § 5140.11)

No person shall sell in the City any grade of market milk containing less than three point five percent (3.5%) milk fat, eight point five percent (8.5%) solids not fat.

(Prior code § 5140.12)

No person shall sell any grade of raw market milk not bottled on-premises where produced.

(Prior code § 5140.13)

The Health Officer may at his discretion, in lieu of personal inspection, examinations and tests, accept the physical examinations of milk handlers, inspections covering tuberculin tests of dairy cattle or goats, physical examinations of dairy cattle or goats, laboratory tests or examinations for the determination of disease of dairy cattle or goats, laboratory examinations of milk and milk product or dairy products, sanitary inspection of dairies, milk plants, or water ices manufacturing plants, when made or conducted by representatives of the State Department of Agriculture, or inspector of an approved milk inspection service of such animals, products, and places that may be situated in or whose products are sold in another approved inspection area. In such cases, the Health Officer may require an interexchange of records and reports and shall when notified in writing by the Health Officer if another approved inspection service refuses admission into the City any milk and milk products that do not conform to the provisions of the State Agricultural Code, or when such milk and milk products have been degraded or excluded by another approved inspection service for violation of any provisions of the State Agricultural Code.

(Prior code § 5140.14)

A. No person shall deliver dairy products to any residence, dwelling, living quarters, or business in the City except between the hours of five a.m. and six p.m. of any day.

B. The provisions of this Section shall not be deemed to apply to the following:

1. Delivery of milk to any plant or place of business for bottling, processing, or pasteurizing;

2. Delivery of milk to a central depot or other place for distribution;

3. Delivery to any governmental agency.

(Prior code § 5140.15)