Monterey County Municipal Code Ch. 10.24 Milk Production and Sale

There is created a milk inspection service which shall be operated under the supervision of the County Health Officer and conducted so that it meets the approval of the State Department of Agriculture. The County Health Officer shall appoint a milk inspector and such assistants as may be authorized by the Board of Supervisors.

(Ord. 2420 § 1, 1978)

All persons engaged in the pasteurizing and/or bottling of market milk or cream shall be required to exercise scrupulous cleanliness and must not harbor the germs of typhoid fever, tuberculosis, diphtheria or other communicable diseases liable to be conveyed through milk or cream. Absence of such communicable diseases may be determined by cultures and physical examination to the satisfaction of the County Health Officer.

(Ord. 2420 § 2, 1978)

This Chapter shall not apply to milk or cream produced from family cows or goats for family consumption only.

(Ord. 2420 § 3, 1978)

No person, firm, or corporation shall sell, offer for sale, distribute or have in possession for distribution within the County of Monterey any milk, nonfat milk, concentrated milk, half-and-half, or cream for human consumption, unless it has been pasteurized, except that certified, guaranteed and Grade A raw milk or cream, as defined in Sections 10.24.050 through 10.24.070, may be produced and sold upon full compliance with all of the conditions and standards set forth in Sections 10.24.050 through 10.24.070.

(Ord. 2420 § 4 (part), 1978)

Certified raw milk or cream is raw market milk or cream, which conforms to all of the requirements of the Food and Agricultural Code of the State of California and all rules and regulations adopted thereunder.

(Ord. 2420 § 4(a), 1978)

Guaranteed raw milk is market milk which conforms to all of the following minimum requirements:

A. The health of the cows and goats shall be determined at least once each month by an official representative of an approved milk inspection service, or a milk inspection service which is established by the director.

B. It shall be produced on dairy farms which score not less than ninety (90) percent on the dairy farm scorecard.

C. It shall be bottled on the premises where produced and delivered in containers which have the pouring lip completely protected from contamination.

D. It shall be cooled immediately after being drawn from the cow or goat to forty-five (45) degrees Fahrenheit or less, and so maintained until it is delivered to the consumer, at which time it shall contain not more than ten thousand (10,000) bacteria per milliliter nor more than ten (10) coliform bacteria per milliliter.

E. It shall be sold to the consumer within thirty (30) hours after production and labeled to indicate the date and time of production.

F. All persons who come in contact with guaranteed raw milk shall exercise scrupulous cleanliness and shall not be afflicted with any communicable disease or in a condition to disseminate the germs of any communicable disease which is liable to be conveyed by milk. The absence of such germs in all such persons shall be determined by bacteriological and physical examination by a health department which maintains an approved milk inspection service, or other person or laboratory which is approved in writing by the department, conducted at the time of employment and every six months thereafter in a manner which is approved by the director.

(Ord. 2420 § 4(b), 1978)

Grade A raw milk is market milk which conforms to all the following minimum requirements:

A. The health of the cows and goats shall be determined at least once in each month by an official representative of an approved milk inspection service, or a milk inspection service which is established by the director.

B. It shall be produced on dairy farms that score not less than ninety (90) percent on the dairy farm scorecard.

C. It shall be cooled immediately after being drawn from the cow or goat to forty-five (45) degrees Fahrenheit or less, and so maintained until delivered to consumer, at which time it shall contain not than fifteen thousand (15,000) bacteria per milliliter nor more than ten (10) coliform bacteria per milliliter.

D. It shall be bottled on the premises where produced, and handled, delivered and sold to the consumer in approved paper, glass, or plastic containers, and under refrigeration, within ninety-six (96) hours after its production. Each container shall be labeled to indicate the date and time of production.

E. All persons who come in contact with Grade A raw milk shall exercise scrupulous cleanliness and shall not be afflicted with any communicable disease or be in a condition to disseminate the germs of any communicable disease which is liable to be conveyed by milk. The absence of such germs in all persons may, at the discretion of an approved or established milk inspection service, be determined by bacteriological and physical examination in such manner as may be prescribed by the director and by such person or laboratory which is approved in writing by the department, conducted at the time of employment and every six months thereafter in a manner which is approved by the director.

(Ord. 2420 § 4(c), 1978)

No person, firm or corporation shall sell, offer for sale or have in his or her possession for the purpose of sale, to any consumer, any raw milk or cream without a permit granted by the Health Officer of the County of Monterey permitting such person, firm or corporation to sell, offer for sale and have in his or her possession for sale, to the consumer, raw milk or cream.

(Ord. 2420 § 5(a), 1978)

The permit required by Section 10.24.080 shall be applied for in writing and upon a form supplied for that purpose by the County Health Officer, and all information required and so indicated on the form shall be given by the application in writing on the form.

(Ord. 2420 § 5(b), 1978)

The permit required by Section 10.24.080 shall be granted at any time during the calendar year and shall remain in force until the expiration of the fiscal year in which it is granted, unless suspended or revoked for cause.

(Ord. 2420 § 5(c), 1978)

The County Health Officer, upon notice and hearing, and upon finding that the rules, regulations, methods and standards for the production and distribution of raw milk or cream or the provisions of this Chapter have been violated, may suspend or revoke any permit required by Section 10.24.080.

(Ord. 2420 § 5(d), 1978)

No person, firm or corporation acting as a producer or distributor shall sell or furnish to any retail outlet any raw milk or cream unless said retail outlet has a valid subsisting permit issued under this Chapter.

(Ord. 2420 § 5(e), 1978)

Each producer, distributor or retailer selling, offering for sale, or having in his or her possession for the purpose of sale, raw milk or cream shall, at reasonable intervals and upon demand by the County Health Officer, furnish to the County Health Officer, without cost, samples of milk or cream for the purpose of testing the same for compliance with the provisions of this Chapter.

(Ord. 2420 § 5(f), 1978)