Chapter 8.44
MILK DEALERS
Sections:
8.44.050 Employee health regulations.
8.44.060 Dairy and milk depot standards.
8.44.090 Containers to be cleaned before returning.
8.44.100 Storage in water prohibited.
8.44.110 Grade A raw milk for pasteurization.
8.44.130 Grade A pasteurized milk.
8.44.140 Grade A pasteurized milk products.
8.44.150 Pasteurization required – Exceptions.
8.44.160 Sale by farm owner – Exemption from pasteurization.
8.44.170 Deliveries to quarantined premises.
For statutory provisions authorizing municipalities to regulate and prevent fire hazards, see 65 ILCS 5/11-8-2.
8.44.010 License required.
It is unlawful to engage in the sale or distribution of milk or cream in the village without having first obtained a license therefor.
8.44.020 License application.
Applications for such licenses shall comply with the general regulations governing such applications, and shall state, in addition to the other information required, the source of supply of the milk to be sold, and the ownership of the cattle from whom the milk is produced.
8.44.030 License fee.
The annual fee for such licenses shall be one hundred dollars plus fifty dollars for each vehicle used for delivery. (Ord. 2004-25 § 5, 2004; Ord. 89-5 § 57, 1989; Ord. 84-5 § 50, 1984)
8.44.040 Standards.
A. Milk, as the term is used in this chapter, means the whole, fresh, clean lacteal secretion obtained by the complete milking of one or more healthy cows, properly fed and kept clean, excluding that obtained within fifteen days before and five days after calving, or such longer period as may be required to render the milk practically colostrum free, and shall contain not less than three and one-fourth percent of milk fat, and not less than eight and one-fourth percent of milk solids not fat. No milk not conforming to this section shall be sold or offered for sale in the village.
B. All skim milk, buttermilk and cream shall conform to the standards fixed in the State Dairy Statute, and the sale or offering for sale of any milk or milk products not in conformity with this law is prohibited.
8.44.050 Employee health regulations.
The following regulations concerning health shall be complied with:
A. All persons living upon farms, employed thereon or coming in contact with milk in dairies or other places shall be free from contagious diseases and shall not have been exposed to anyone having such diseases within a period of one week prior to the exercise of such duties.
B. No person who is a paratyphoid, typhoid, diphtheria or septic sore throat carrier shall be employed in the production of handling such milk.
C. It shall be the duty of every person, firm or corporation with a knowledge of the facts to notify the health officer or other legally constituted authority at once of the occurrence of any of the afflictions enumerated in subsection B in persons living or employed in or about a place where milk is produced, handled or sold. Milk and milk derivatives that have been exposed shall not be shipped into or sold or offered for sale in the village.
8.44.060 Dairy and milk depot standards.
Every building, room or basement enclosure or premises occupied or used as a dairy or milk depot shall be properly and adequately lighted, drained and ventilated, and shall have adequate plumbing facilities. It is unlawful to employ in such place any person afflicted with a contagious disease or one who may carry the germs of such a disease.
8.44.070 Milk containers.
A. No person shall transfer any pasteurized milk or pasteurized milk product from one container to another on the street, or in any vehicle or store or in any place other than a pasteurization plant, except as permitted in this section. All pasteurized milk and pasteurized milk products shall be placed in their final delivery containers in the plant in which they are pasteurized.
B. Pasteurized milk and pasteurized milk products sold in containers in quantities less than one gallon shall be delivered in standard milk bottles or single-service containers. It is unlawful for milk distributors, hotels, soda fountains, restaurants, grocery stores, milk depots, milk stations or similar establishments to sell or serve any pasteurized milk or pasteurized milk products except in the individual original container in which it was placed at the pasteurization plant; provided, that this requirement shall not apply to pasteurized cream, milk and pasteurized fluid milk products consumed on the premises which may be served in the original container or from a bulk dispenser approved by the department for such service, nor to pasteurized milk and pasteurized fluid milk products served at hospitals and institutions which may be served from one-quart or two-quart containers packaged at a pasteurization plant, nor to mixed milk drinks requiring less than one-half pint of pasteurized milk or pasteurized fluid milk product which may be poured from one-quart or two-quart containers packaged at a pasteurization plant, or drawn from an approved milk dispenser. The sale or distribution of dipped pasteurized milk or pasteurized milk products is prohibited.
8.44.080 Storage temperature.
It is unlawful for milk distributors, hotels, hospitals, soda fountains, restaurants, grocery stores, milk depots, milk stations or similar establishments to sell or serve any pasteurized milk or pasteurized milk product which has not, while in their possession, been maintained at a temperature of fifty degrees Fahrenheit or less.
8.44.090 Containers to be cleaned before returning.
It shall be the duty of all persons to whom pasteurized milk or pasteurized milk products are delivered to clean thoroughly the containers in which such pasteurized milk or pasteurized milk products are delivered, before returning such containers.
8.44.100 Storage in water prohibited.
Pasteurized milk and pasteurized milk products in single-service containers shall not be stored in water. The pouring lid of multiuse containers containing pasteurized milk or pasteurized milk products shall not be submerged in water.
8.44.110 Grade A raw milk for pasteurization.
“Grade A raw milk for pasteurization” means unpasteurized milk, the average bacterial plate count or average microscopic clump count of which, as delivered from the farm to the point of first delivery, whether dealer’s plant or loading platform, does not exceed two hundred thousand per milliliter, or the average methylene blue reduction time of which is not less than five and one-half hours, or the average resazurin reduction time, by the triple-reading method, of which to P7/4 is not less than two and three-fourths hours, as set forth under the applicable provisions of the Illinois Compiled Statutes, and which is produced upon dairy farms conforming with all the provisions for sanitation set forth in this chapter and the minimum requirements adopted by the Director of the State Department of Public Health; provided, that the raw milk at no time between receipt from the milk producer and pasteurization shall have a bacterial plate count or direct microscopic clump count exceeding four hundred thousand per milliliter.
8.44.120 Grade A raw cream.
“Grade A raw cream” means unpasteurized cream, the average bacterial plate count or average direct microscopic clump count of which does not exceed four hundred thousand per milliliter at the place of separation as set forth in the Illinois Revised Statutes, and which is produced upon dairy farms conforming with the provisions for sanitation set forth in the Illinois Compiled Statutes, and the minimum requirements adopted by the State Department of Public Health; provided, that the raw cream at no time between separation and pasteurization shall have a bacterial plate count or direct microscopic clump count exceeding eight hundred thousand per milliliter.
8.44.130 Grade A pasteurized milk.
“Grade A pasteurized milk” means Grade A raw milk for pasteurization which has been pasteurized in accordance with the provisions of the Illinois Revised Statutes as heretofore and hereafter amended, regulating the handling, processing, labeling, sale and distribution of pasteurized milk and milk products, the bacterial plate count of which at no time after pasteurization and before delivery exceeds thirty thousand per milliliter or a coliform count exceeding ten per milliliter as determined under the applicable provisions of the Illinois Compiled Statutes, and which in all cases shows efficient pasteurization as evidenced by satisfactory phosphatase tests or other tests approved by the Director of the State Department of Public Health.
8.44.140 Grade A pasteurized milk products.
“Grade A pasteurized milk products” means milk products manufactured from Grade A raw milk or derivatives of Grade A raw milk and pasteurized in accordance with the applicable provisions of the Illinois Compiled Statutes regulating the handling, processing, labeling, sale and distribution of pasteurized milk and pasteurized milk products, the bacterial plate count standards for Grade A pasteurized milk products being identical with the bacterial plate count standards for Grade A pasteurized milk except that they shall be double in the case of half-and-half, cream, whipping cream and whipped cream, and omitted in the case of sour cream, sour half-and-half, cultured cream, cultured half-and-half, cultured milk, cultured skim milk, cultured buttermilk, churned buttermilk, whole buttermilk, butter and cheese.
8.44.150 Pasteurization required – Exceptions.
No person, firm, association or corporation shall sell or distribute, offer to sell or distribute, or possess with intent to sell or distribute, any milk or milk product for human use or consumption in the state unless such milk or milk product has been pasteurized; provided, that the provisions of this section shall not be applicable to:
A. Milk or milk products produced and sold subject to the provisions of RMC 8.44.160;
B. Milk or milk products furnished by persons, firms, associations or corporations engaged primarily in agricultural production to employees working on farms owned or controlled by such persons, firms, associations or corporations; or
C. Manufactured milk products as defined by the applicable provisions of the Illinois Compiled Statutes.
8.44.160 Sale by farm owner – Exemption from pasteurization.
A person, firm, association or corporation engaged in the production of milk may sell or distribute for use or consumption milk or milk products produced on farms owned or directly controlled by such person, firm, association or corporation without pasteurization provided: (A) all of the cows producing such milk have been tested for bovine tuberculosis and brucellosis and are free therefrom, (B) the average bacterial plate count or average direct microscopic clump count of the milk as delivered to the consumer does not exceed fifty thousand per milliliter and the average methylene blue reduction time for such milk is not less than seven hours, (C) such milk or milk product is free from sediment, and (D) otherwise complies with the provisions of the law and the regulations of the Department of Public Health applicable to such milk, except that a producer who sells milk or milk products on his own premises need comply only with requirements of subsections A and C of this section.
8.44.170 Deliveries to quarantined premises.
A. Milk may be delivered to quarantined premises; provided, that there is no contact of any kind between the inmates and contents of the quarantined premises and the delivery agent.
B. No milk receptacles shall be taken from such premises during the period of quarantine; and before being taken away for use, such receptacles shall be thoroughly sealed and sterilized.
8.44.180 Delivery vehicles.
Every vehicle used for the delivery of milk or cream to the consumer shall have marked plainly thereon the name of the vendor of such milk with his address. All such vehicles shall be kept in a clean and sanitary manner and condition.
8.44.190 Inspection.
The health officer shall conduct periodic inspections of all milk distribution plants, dairies, vehicles and equipment used in the sale or distribution of milk as well as of the milk itself. Such inspections shall be made every quarter and as often as the health officer deems necessary. The inspector may in his discretion, in lieu of inspection, accept the certificate of inspection of any other village or city having equal or more rigid requirements than provided by this chapter. The licensee shall pay the cost of all bacteriological inspections and tests necessary.