San Marcos Municipal Code Art. IV Beverages

Market milk and goat's milk served by any establishment shall be served in the original bottle, the cap of which shall not be removed except in the presence of the consumer or patron; provided, however, that this section does not apply to market cream and does not prevent the use of milk dispensing devices as authorized by this chapter.

Milk dispensing devices approved for such use by the Director of Agriculture of the State may be used for dispensing homogenized milk, subject to the following regulations:

(a)

The milk dispensing device and its operation shall comply with State laws and regulations, this Code and all ordinances applicable thereto.

(b)

The milk dispensing device shall be installed and located in a place and manner acceptable to the Health Officer.

(c)

Milk dispensing devices are permitted only in eating establishments and only in those rooms or places in such establishments where food is served and eaten by the consumer, or where food is prepared for service and such preparation is conducted within view of the consumer.

(d)

All milk dispensing devices shall be displayed openly to the public.

(e)

A milk dispensing device shall be operated only by persons regularly employed by the establishment in which the dispensing device is located. The operation of a self-service milk dispensing device is prohibited unless such operation is specifically approved by the Health Officer.

(f)

The name of the dairy or distributor supplying milk for the milk dispensing device, together with the grade of the milk dispensed, shall be plainly labeled on such device in a location approved by the Health Officer.

(g)

The day of delivery of the milk shall be plainly indicated on the milk container used in the milk dispensing device.

(h)

No milk shall be dispensed from such device more than 120 hours from the date of delivery of such milk to the establishment.

(i)

The minimum serving from such milk dispensing device shall be eight ounces.

(j)

The milk dispensed from such dispensing device shall, at the time of delivery to the final consumer, meet the bacteriological standards for graded market milk.

(k)

The milk dispensing device, including the milk container and all other appliances used in connection with such device, shall be maintained in a sanitary condition at all times.

(a)

No person shall operate or maintain an establishment serving malted milk, malted skim milk or other milk and flavoring substances, and either ice cream containing not less than ten percent of milk fat or ice milk containing not less than four percent of milk fat. All ice cream or ice milk shall conform to the provisions of the Agricultural Code of the State. It is unlawful to prepare, serve, sell or distribute in an establishment any malted milk unless made of Grade "A" raw or pasteurized whole milk, which milk either has been poured from the original standard container from which the cap has been removed in the presence of the customer or patron, the contents of said container containing no more than the individual requirements of the customer at the time of service, or poured from a standard milk bottle the maximum content of which does not exceed one quart and which has attached a metal top designed to cover the pouring lip, which top must be approved by the Health Officer and sterilized as soon as said bottle is empty; provided, however, this subsection shall not prohibit the use of a milk dispensing device in accordance with Section 8.04.450.

(b)

Milk shakes and other milk drinks served or prepared with the addition of flavoring substances or other ingredients added thereto shall be prepared from whole milk or skim milk which has met the required standards of Grade "A" pasteurized milk.

(c)

Malted milk is a mixture of skim milk with malted milk and flavoring substance and ice cream or ice milk containing not less than four percent of milk fat. Skim milk used in an establishment where skim malted milk is prepared, served or distributed shall meet the standards required for Grade "A" pasteurized milk and shall be pasteurized and bottled in standard milk bottles in an approved pasteurizing and bottling plant. The bacterial count of skim milk shall not exceed the minimum standard of Grade "A" pasteurized milk.

(d)

The establishment shall display a sign in legible lettering at least four inches high, which shall state that malted milk or malted skim milk is served.