Chapter 5 — DAIRY PRODUCTS

Section

• 33.0501 Authority.
• 33.0502 Standards and Requirements for Milk, Cream, and Milk Products.
• 33.0503 Application for Permits.
• 33.0504 Permit Fees.
• 33.0505 Expiration and Renewal of Permits.
• 33.0506 Revocation of Permit and Appeal Procedures.
• 33.0507 Reinstatement of Revoked Permit.
• 33.0508 Violations, Remedies, and Penalties.

Pursuant to the authority cited in Chapter 1 of this Environmental Health Code (E.H. Code), Health and Safety Code §§ 13700 et seq., Food and Agricultural Code §§ 32501 et seq., §§ 33141 et seq., §§ 33171 et seq., Title 3 of the California Code of Regulations, and other applicable state law, the Department of Food and Agriculture of the State of California has designated, and this County hereby authorizes, that the Division of Environmental Health Services (DEHS) of the Department of Public Health of the County of San Bernardino is the State Approved Milk Inspection Services (AMIS) to enforce all applicable State laws and provisions of this E.H. Code pertaining to the sale of semifrozen (soft serve) products and plant (soft serve machine) sanitation at permitted food facilities within this jurisdiction. Enforcement officers shall be designated as set forth at Food and Agricultural Code §§ 33111 et seq. Except as provided herein, the provisions of Chapters 1, 2 and 3 of this E.H. Code shall apply to this Chapter. Unless otherwise indicated, all terms contained herein shall be as defined in Chapters 1 and 3 of this E.H. Code, and as defined in Division 15 of the Food and Agriculture Code. (Ord. 3105, passed - -1986; Am. Ord. 4200, passed - -2013; Am. Ord. 4362, passed - -2019)

It shall be unlawful for any person or entity to sell, offer for sale, distribute, or possess for sale or distribution, any milk, cream, or milk product for human consumption unless it conforms to the standards and requirements provided by Division 15 of the Food and Agriculture Code and Title 3 of the California Code of Regulations. (Ord. 3105, passed - -1986; Am. Ord. 4200, passed - -2013; Am. Ord. 4362, passed - -2019)

(a) Required. It shall be unlawful for any person or entity to engage in the business of producing, processing, or selling any milk product subject to AMIS jurisdiction within this jurisdiction without first applying for, receiving and retaining an unexpired, unsuspended, unrevoked permit to do so, issued by the AMIS of San Bernardino County as provided for in Division 15 of the Food and Agriculture Code.

(b) Procedure. Applicants for a permit or a renewal of a permit under this chapter shall file with the AMIS an application in writing on the form furnished by AMIS. Such facts or information as may be required by AMIS shall be provided. (c) Nontransferable. Permits are nontransferable, including as to ownership or location. (Ord. 3105, passed - -1986; Am. Ord. 4200, passed - -2013; Am. Ord. 4362, passed - -2019)

Every person or entity engaged in the business of producing, processing, or selling any milk product subject to AMIS jurisdiction, shall pay the DEHS/AMIS annual permit fees as specified in the San Bernardino County Code Schedule of Fees. (Ord. 3105, passed - -1986; Am. Ord. 4200, passed - -2013; Am. Ord. 4362, passed - -2019)

Permits shall be renewed annually provided that the permit holder has, during the period of the expiring permit, operated in conformity with this Chapter and other applicable rules and regulations of the AMIS. (Ord. 3105, passed - -1986; Am. Ord. 4200, passed - -2013; Am. Ord. 4362, passed - -2019)

The Director of DEHS, or authorized deputy, upon notice and hearing, and upon the finding(s) that State law or a requirement of this Chapter has been violated, may revoke a permit issued pursuant to this Chapter. If it is determined by the Director or authorized deputy following an inspection or investigation that a violation of this Chapter exists, a written notice to correct such violation or violations within a specified time limit shall be issued to the owner or operator of the milk products plant. If upon re-inspection after the time specified, the violation still exists, a second written notice shall be issued to the owner or operator. If a subsequent investigation again reveals the lack of compliance, the owner or operator shall be given a written notice to appear before a hearing officer of this jurisdiction to show cause why the DEHS permit to operate should not be revoked. After the AMIS representatives and the owner or operator have presented evidence of compliance, or noncompliance, the hearing officer after considering all facts, may, for sufficient cause, order the permit revoked. (Ord. 3105, passed - -1986; Am. Ord. 4200, passed - -2013; Am. Ord. 4362, passed - -2019)

Revoked permits may be reinstated only upon the order of the Director of DEHS or authorized deputy. (Ord. 3105, passed - -1986; Am. Ord. 4200, passed - -2013; Am. Ord. 4362, passed - -2019)

It shall be unlawful for any person or entity to violate any provision of this Chapter. Except as provided herein, all enforcement procedures, remedies, or penalties provided in Chapters 1, 2 and 3 of this E.H. Code shall apply to this Chapter, and are in addition to all others provided by law. (Ord. 3105, passed - -1986; Am. Ord. 4200, passed - -2013; Am. Ord. 4362, passed - -2019)