Chapter 7.08
MILK CONTROL

Sections:

7.08.010    Permit—Required.

7.08.020    Permit—Application.

7.08.030    Permit—Fees, expiration, renewal and delinquency.

7.08.040    Permit—Suspension or revocation.

7.08.050    Sale of milk products—Statutory requirements.

7.08.055    Sale of milk products—Notice requirements.

7.08.060    Specific standards and conditions.

7.08.070    Inspection and enforcement.

7.08.080    Violation—Penalty.

7.08.010 Permit—Required.

It is unlawful for any person, firm or corporation or the agent of any person, firm or corporation to sell, offer for sale, distribute or have in possession for distribution within the County of Santa Cruz any milk, nonfat milk, concentrated milk, half-and-half or cream, for human consumption as such, without a permit granted by the Health Officer of said County, permitting such person, firm or corporation to sell, offer for sale, distribute or have in possession for sale or distribution such milk, concentrated milk, half-and-half or cream within the County of Santa Cruz. [Ord. 581, 1959; prior code § 11.50.030].

7.08.020 Permit—Application.

Said permit 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 such form shall be given by the applicant in writing therein. [Ord. 581, 1959; prior code § 11.50.040].

7.08.030 Permit—Fees, expiration, renewal and delinquency.

(A)    Fees. The permit fee for the calendar year or any part thereof during which the permitted activity is carried on and the fee for renewal thereof shall be as established by resolution of the Board of Supervisors.

(B)    Expiration of Permits. Each permit shall expire on December 31st of the current year, provided such permit may be renewed without penalty on or before February 15th next following the expiration date.

(C)    Delinquent Permits. Permittees who do not renew on or before February 15th shall pay the extra amount established by resolution of the Board. [Ord. 1662, 1971; prior code § 11.50.050].

7.08.040 Permit—Suspension or revocation.

The County Health Officer, upon notice and hearing, and upon findings that the standards of grading and the requirements for the production of milk, nonfat milk, concentrated milk, half-and-half and cream, herein established, have been violated, may suspend or revoke such permit. [Ord. 581, 1959; prior code § 11.50.060].

7.08.050 Sale of milk products—Statutory requirements.

It is unlawful for any person, firm or corporation to sell, offer for sale, distribute or possess for sale or distribution, any milk, nonfat milk, concentrated milk, half-and-half or cream, for human consumption as such within the County of Santa Cruz, unless such products conform to the standards and requirements for the production, processing and sale of milk, nonfat milk, concentrated milk, half-and-half or cream, as provided by Division 15 of the Food and Agricultural Code of the State (commencing with Section 32501) and amendments thereto, and the rules and regulations of the State Department of Agriculture for its enforcement, and such other requirements as may hereafter be provided by due process of legislative enactment or administrative procedure. [Ord. 2505, 1977; Ord. 581, 1959; prior code § 11.50.010].

7.08.055 Sale of milk products—Notice requirements.

It is unlawful for any person, partnership, firm or corporation acting directly or through their agents, servants or employees to offer or expose for sale or sell any raw milk products without first posting a warning sign as provided for in this section. The warning sign shall be posted immediately adjacent to any raw milk product offered or exposed for sale and shall be clearly visible to the patron at the point of sale. Such sign shall be not less than five inches by seven inches in size and shall be printed on a contrasting background and in a legible manner, conveying the following warning:

RAW MILK PRODUCT

Although this product is produced under strict industry standards, it may contain harmful bacteria or other organisms. Persons with weakened immune systems, infants, young children, the elderly and persons with severe chronic medical problems should give careful consideration prior to consuming this product.

(Santa Cruz County Ordinance No. 3813. Cheese aged for more than sixty (60) days made from unpasteurized milk is not subject to the provisions of this ordinance.)

The words “RAW MILK PRODUCT” shall be in a print of 36-point height Helvetica bold type and the remainder of the text in a print of 18-point height Helvetica medium-face type. Cheese aged for more than 60 days made from unpasteurized milk is not subject to the provisions of this section. [Ord. 3813 § 1, 1987].

7.08.060 Specific standards and conditions.

It is unlawful for any person, firm or corporation or the agent of any person, firm or corporation to sell, offer for sale, distribute or have in possession for distribution within the County 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, as hereinafter defined, may be produced and sold upon full compliance with all of the following conditions and standards.

(A)    Certified Raw Milk.

(1)    “Certified raw milk” means raw market milk which conforms to the rules, regulations, methods and standards for the production and distribution of certified milk adopted by the American Association of Medical Milk Commissions. Certified raw milk must bear the certification of a County Milk Commission established pursuant to Sections 35921 et seq. of the Food and Agricultural Code, and must be the product of a dairy herd that consists solely of cows which have passed the tuberculin test in the manner described by such Milk Commission.

(2)    Certified raw milk shall not contain more than 10,000 bacteria per milliliter of milk, nor shall it contain more than 10 coliform bacteria per milliliter of milk. These standards must be attained solely by measures directed toward cleanliness, proper cooling and prompt delivery. Certified raw milk must contain not less than 3.5 percent of milk fat and must contain not less than 12.2 percent of total solids, including fat.

(3)    Certified raw milk must be handled, delivered and sold to the consumer in approved paper, glass or plastic containers, and under refrigeration within 240 hours after its production. The dairy farm milk room, milkers and dairy utensils, etc., must all conform to the requirements of the County Milk Commission having jurisdiction.

(B)    Guaranteed Raw Milk. “Guaranteed raw milk” means raw market milk which conforms to the following minimum requirements:

(1)    It shall be produced on dairy farms whose cows and goats have been inspected at least once each month by an official representative of a milk inspection service approved or established by the State Department of Agriculture.

(2)    It shall be produced on dairy farms which score not less than 90 percent on the Dairy Farm Score Card.

(3)    It shall be bottled on the premises where produced and delivered in containers having the pouring lip completely protected from contamination.

(4)    It shall be cooled immediately after being drawn from the cow or goat to 45 degrees Fahrenheit or less, and so maintained until sold or delivered to the consumer, at which time it shall contain no more than 10,000 bacteria per milliliter.

(5)    It must be sold to the consumer within 30 hours after production and labeled to indicate the date and hour of production.

(6)    The milkfat and solids nonfat content shall be in compliance with the California Market Milk Standards (California Food and Agriculture Code Sections 35784 and 35786).

(C)    Grade A Raw Milk.

(1)    “Grade A raw milk” means raw market milk which conforms to the provisions, standards and specifications established by Food and Agricultural Code Sections 35891 et seq., and any amendments thereto or regulations issued pursuant thereto, and which also conforms to the additional requirements of subsections (C)(2) and (C)(3) of this section.

(2)    Grade A raw milk shall not contain more than 10 coliform bacteria per milliliter of milk.

(3)    Grade A raw milk shall be handled, delivered and sold to the consumer in approved paper, glass or plastic containers, and under refrigeration, within 96 hours after its production.

(D)    This section shall not apply to milk produced from family cows or goats for family consumption only. [Ord. 2530, 1978; Ord. 2505, 1977; Ord. 581, 1959; prior code § 11.50.020].

7.08.070 Inspection and enforcement.

(A)    The provisions of this chapter shall be enforced by the County Health Officer.

(B)    In addition to the powers granted to the Health Officer by Sections 32733, 35756 and 35928 of the Food and Agricultural Code and amendments or additions thereto, as a designated milk inspection service, the Health Officer shall also have the authority in this County to enter upon any premises on which certified or guaranteed raw milk or raw milk products are offered for sale to the public, and to detain any vehicle transporting such raw milk for distribution or sale to the public, and, after properly identifying himself, take samples of any certified or guaranteed raw milk or raw milk products for the purpose of performing all necessary tests thereon to determine compliance with the standards set forth in this chapter. A duplicate sample shall be left with the persons in control of, or producers of, such raw milk or raw milk products.

(C)    In the event that the Health Officer, as a result of such tests, has cause to believe that certain raw milk or raw milk products from a particular production plant, dairy herd, milk transportation vehicle or distribution point fail to meet the standards prescribed by this chapter, he may immediately suspend until further notice all sales to the public in this County of all raw milk and raw milk products produced by or received from the plant, herd, vehicle(s) or distribution point in question. A written notice describing the plant, herd or vehicle(s) believed to be the source of the contamination or noncompliance, and ordering the suspension of sales of all raw milk and raw milk products affected by that source shall be delivered to every local raw milk distributor or retailer and to the producer of such raw milk.

(D)    The sale, distribution or offering for sale to the public of any raw milk or raw milk product in violation of the written notice of suspension provided for hereinabove shall be deemed a violation of SCCC 7.08.060, and may also constitute grounds for suspension or revocation of any permit as provided in SCCC 7.08.040.

(E)    After suspending the sale thereof, the Health Officer shall once again permit the sale of raw milk or raw milk products affected by the suspected source of contamination or noncompliance only after he has received and tested two separate raw milk samples, from two separate production dates, which satisfy all requirements and standards prescribed by this chapter. In such event, a written notice lifting the suspension shall be delivered promptly to every local raw milk distributor or retailer and to the producer of such raw milk products. [Ord. 2505, 1977; Ord. 581, 1959; prior code § 11.50.070].

7.08.080 Violation—Penalty.

Any person found guilty of violating any of the provisions of this chapter shall be deemed guilty of an infraction and upon conviction shall be punished by a fine not exceeding $100.00 per separate violation; provided, however, that any offense which would otherwise be an infraction is a misdemeanor if a defendant has been convicted of three or more violations of this chapter within the 12-month period immediately preceding the commission of the offense and such prior convictions are admitted by the defendant or alleged in the accusatory pleading. For this purpose, a bail forfeiture shall be deemed to be a conviction of the offense charged. [Ord. 2505, 1977; prior code § 11.50.080].