Chapter 4.20 — MILK REGULATIONS

For the purpose of this chapter certain words and phrases are defined, and certain provisions shall be construed as herein set out, unless it shall be apparent from the content that a different meaning is intended.

(a)

"Agricultural Code" is division IV, chapters 1 to 10, inclusive, of the Agricultural Code of the State of California.

(b)

"California Administrative Code" is subchapter 1, chapter 2, title 3, of the California Administrative Code of the State of California.

(c)

"Dairy Farm" means any place or premises on which milk is produced for sale or distribution and where more than one cow or three goats are in lactation.

(d)

"Dairy Farm Permit" is the Permit issued to a producer of milk as provided in this chapter.

(e)

"Dairy Products Permit" is the Permit issued to a processor, manufacturer or distributor of fluid dairy products.

(f)

"Fluid Dairy Products" include milk, cream, homogenized milk, skim milk intended for human consumption, chocolate milk, chocolate dairy drink and similar flavored drinks, buttermilk, cultured buttermilk, milk shake and similar mixed drinks, ice milk mix, ice cream mix, sour milk, sour cream, when in fluid form.

(g)

"Health System" is the Health System.

(h)

"Health System Director" is the Director of the Health System or his or her duly authorized agent.

(i)

"Market Milk" is milk which is supplied to the consumers in the natural fluid state, or prepared for human consumption without being converted into any other form or product and conforms to the standards provided therefor in chapter 3, division 4 of the Agricultural Code.

(j)

"Milk plant" is any place where market milk, cream or other fluid dairy product is processed or prepared for distribution.

(k)

"Milk distribution depot" is any place where fluid dairy products are stored and kept for distribution; but shall not include a bonafide grocery store making delivery of milk with other merchandise purchased from such grocery store.

(l)

"Process", or any of its variants, includes packaging, pasteurizing, manufacturing and any and all other steps in the treatment or preparation of a dairy product or distribution.

(m)

"Transporter" is any Person who transports for hire a fluid dairy product for delivery in San Mateo County, or which is intended for distribution therein.

(n)

"Sell" includes "offer for sale", "expose for sale", "have in possession for sale", exchange", "trade" or "distribute", or "barter".

(Prior code § 4140.0; Ord. 1209, 03/19/57; Ord. 3113, 06/16/87; Ord. 4438, 09/09/08)

Except as otherwise provided in this chapter, it shall be unlawful for any Person to produce, process, sell or distribute any market milk or other fluid dairy products for human consumption, unless such products conform to the standards and requirements for market milk or other fluid dairy products as provided by the Agricultural Code, California Administrative Code, and this chapter. In addition to conforming to the standards of the Agricultural Code of the State of California, these products must be pasteurized.

(Prior code § 4140.1; Ord. 1209, 03/19/57)

Every milk producer who operates a dairy farm within the jurisdiction of San Mateo County Milk Inspection Service, and whose dairy farm is inspected by San Mateo County Milk Inspection Service, shall apply for and obtain a dairy farm Permit from the Director of the Health System, as hereinafter provided.

It shall be unlawful for any Person to process, sell or distribute any market milk or other fluid dairy products in the County of San Mateo without first having applied for and obtained a Dairy Products Permit from the Director of the Health System, as hereinafter provided.

(Prior code § 4140.2; Ord. 1209, 03/19/57: Ord, 4438, 09/09/08)

An application for a Dairy Farm Permit or a Dairy Products Permit shall be made in writing to the Health System upon a form supplied by the Health System Director and shall designate the location of the operations to be performed, the nature of such operations and give such other information as may be required by said Health System Director.

(Prior code § 4140.3; Ord. 1209, 03/19/57; Ord. 4438, 09/09/08)

Upon the filing of such application, if premises are located in San Mateo County, the Health System Director shall inspect the premises referred to and their immediate surroundings, together with the equipment, facilities and methods to be employed in conducting the operation to which said application pertains.

(Prior code § 4140.4; Ord. 1209, 03/19/57; Ord. 4438, 09/09/08)

If the Health System Director finds that all the provisions of this chapter and the Agricultural Code pertaining to such applicant and such premises are complied with, and that conditions of the premises, equipment and facilities involved are compatible with public health, a Permit shall be granted upon payment of such fees as may be required by this chapter.

(Prior code § 4140.5; Ord. 1209, 03/19/57; Ord. 4438, 09/09/08)

Such Permit shall be granted only on the express condition that the same shall be subject to suspension or revocation, after proper hearing, by the said Health System Director for a violation by the holder thereof, or any employee or agent of such holder, of any of the provisions of this chapter or of any rule of the Health System relating to the inspection and sanitary condition of dairies, or upon proof of violation by such holder of any laws of the State of California by providing for the standard and quality of dairy products.

(Prior code § 4140.6; Ord. 1209, 03/19/57; Ord. 4438, 09/09/08)

Such Permit shall be valid until December 31 of the calendar year in which it is issued, unless it is suspended or revoked as provided by this chapter, or until the holder of such Permit changes the location of his place of business, or shall cease operations for a period of five (5) consecutive days.

(Prior code § 4140.7; Ord. 1209, 03/19/57)

Every Permit issued pursuant to the provisions of this chapter shall be posted conspicuously at the place of business named in such permit.

(Prior code § 4140.8; Ord. 1209, 03/19/57)

Every Person who operates a fluid milk distribution depot in San Mateo County must maintain adequate and efficient cold storage facilities mechanically equipped and operated. Toilets, lavatories and lockers must be provided.

(Prior code § 4140.9; Ord. 1209, 03/19/57)

Every Person delivering fluid milk in the County of San Mateo shall have his trade name legibly placed in letters not less than three (3) inches in height and one-half (½) inch in width in a conspicuous place on both outer sides of all vehicles used by such Person for carrying milk.

(Prior code § 4140.10; Ord. 1209, 03/19/57)

All fluid dairy products in glass containers shall be sealed in a manner that will protect the pouring lip or such package from contamination. The cap or cover used shall cover the pouring lip to at least its largest diameter, shall meet the approval of the Health System Director, and shall be mechanically applied at the time of packaging. The provisions of this section will go into effect one (1) year after the adoption of this chapter.

(Prior code § 4140.11; Ord. 1209, 03/19/57; Ord. 4438, 09/09/08)

All vehicles used for delivering or transporting fluid dairy products shall be so enclosed as to protect such products from direct sunlight and maintain the proper degree of refrigeration as required by State law. The provisions of this section shall not be effective until one year after the adoption of this chapter.

(Prior code § 4140.12; Ord. 1209, 03/19/57)

Every establishment where a bulk milk dispenser is used shall apply for and obtain a bulk milk dispenser Permit from the Health System Director. The bulk milk dispenser must be kept in a sanitary condition, and dispense a dairy product that complies with legal standards. Violation of this section shall constitute cause for suspension or revocation of said permit. Said Permit shall be valid until revoked.

(Prior code § 4140.13; Ord. 1209, 03/19/57; Ord. 4438, 09/09/08)

The processing inspection fees required to be paid by this section shall be due on the first day of every month for the preceding calendar month. Said fees are as follows:

(a)

Every processor of market milk under the jurisdiction of the Health System Director shall pay the County of San Mateo through the Milk Inspection Service, Health System, a fee in an amount equal to one mill per gallon of market milk received at the milk processing plant. Such inspection fee shall be adjusted from time to time by the Health System, with the approval of the County Manager, in order that the revenues from the fees shall not exceed the actual cost of making the necessary inspections.

The above fee when paid shall be accompanied by a report on a form provided by the Health System signed by the manager or Person paying the fee setting forth the correct number of gallons of market milk processed during the month which the fee is based.

(b)

Every processor of market milk who receives milk from a Grade "A" dairy inspected by the Health System shall pay a dairy farm inspection fee to the County of San Mateo, through the Milk Inspection Service, Health System, sufficient to cover the cost of the dairy farm inspection. Said fee shall be fixed by the Health Officer, with the approval of the County Manager, and shall not exceed the actual cost of such inspection service as determined by the Health Officer.

(c)

If any fee provided for in this section shall not be paid within thirty (30) days after the same shall become due and payable as herein provided, ten percent (10%) of the amount thereof shall be added thereto as a penalty for nonpayment, and if said fees are not paid within sixty (60) days after becoming due, fifteen percent (15%) of the amount thereof shall be added thereto".

(Prior code § 4140.14; Ord. 1209, 03/19/57; Ord. 1397, 05/24/60; Ord. 3113, 06/16/87; Ord. 4438, 09/09/08)

If any section, subsection, sentence, clause, or phrase of this Ordinance, is for any reason held to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other portion of this Ordinance.

(Prior code § 4140.19; Ord. 1209, 03/19/57)

Ordinance 522 and amendments thereto are hereby repealed.

(Prior code § 4140.20; Ord. 1209, 03/19/57)