reglab/statecodes huggingface dataset:
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 21 - FOOD AND DRUGS › Subchapter 7 - FROZEN DESSERTS › Section 8:21-7.25 - Cleaning and sanitizing of containers and equipment

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The product
				contact surfaces of all multiuse containers, utensils and equipment used in the
				transportation, processing, handling, and storage of frozen desserts shall be
				effectively cleaned and shall be sanitized before each use.
(b) The sanitizing of containers, utensils and
				equipment shall be accomplished by exposing them to one of the following methods:
1. A flow of steam at a temperature of 200 degrees
				Fahrenheit for at least five minutes;
2.
				A flow of hot water at a temperature of 170 degrees Fahrenheit for at least five
				minutes;
3. A flow of chlorine solution
				testing 50 parts per million for at least one minute;
4. A flow of iodine solution testing 12.5 parts
				per million for at least one minute; or
5. By such other method as may be acceptable to
				the Department.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 21 - FOOD AND DRUGS › Subchapter 7 - FROZEN DESSERTS › Section 8:21-7.26 - Protection from contamination

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Frozen desserts
				plant operations, equipment, and facilities shall be located and conducted to
				prevent any contamination of frozen dessert products, ingredients, equipment,
				containers, and utensils. All frozen dessert products or ingredients which have been
				spilled, overflowed, or leaked shall be discarded. The processing or handling of
				products other than frozen desserts in the plant shall be performed to preclude the
				contamination of such frozen desserts and its ingredients and the product-contact
				surfaces of all equipment, containers and utensils.
(b) Novelty type frozen desserts which employ the
				use of non-food grade brine solution as a freezing medium shall add a brilliant blue
				or green food dye to the brine solution in such quantity that the dye would be
				observable if the frozen dessert product has become contaminated with
				brine.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 21 - FOOD AND DRUGS › Subchapter 7 - FROZEN DESSERTS › Section 8:21-7.27 - Pasteurization and cooling

Current through Register Vol. 56, No. 14, July 15, 2024
(a) All mixtures used in
				the manufacture of frozen desserts, except as noted in the standards of identity
				above, shall be pasteurized in a plant and in properly designed and operated
				equipment, to one of the following temperatures and held continuously at or above
				that temperature for at least the corresponding specified time:
1. To a temperature of at least 155 degrees
				Fahrenheit for at least 30 consecutive minutes by the batch (vat) process;
2. To a temperature of at least 175 degrees
				Fahrenheit for at least 25 consecutive seconds by a high-temperature-short-time
				process;
3. To a temperature of at least
				180 degrees Fahrenheit for at least 15 consecutive seconds by the
				high-temperature-short-time process;
4.
				To a temperature of at least 280 degrees Fahrenheit for at least two consecutive
				seconds by the ultra-high-temperature process; or
5. To such equivalent temperature and holding
				periods demonstrated to accomplish the same results which are acceptable to the
				Department.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 21 - FOOD AND DRUGS › Subchapter 7 - FROZEN DESSERTS › Section 8:21-7.28 - Bacterial standards

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Frozen desserts,
				special frozen dietary foods or their mixes shall not contain in excess of ten
				coliform organisms per gram and/or in excess of fifty thousand bacteria per gram.
				When fruit, nuts or bulky flavoring is added after pasteurization, the coliform
				count shall not exceed twenty per gram.
(b) Tests to determine whether the bacteria
				standards for frozen desserts, special frozen dietary foods, or their mixes are
				being complied with shall be made following the procedures set forth in the current
				edition of "Standard Methods for the Examination of Dairy Products" published by the
				American Public Health Association, Inc.
(c) During any consecutive six months, each
				wholesale frozen desserts manufacturer shall collect and have analyzed at least four
				samples of each frozen desserts product classification as defined in this
				subchapter. Records of these samples shall be maintained in accordance with
				8:21-7.20.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 21 - FOOD AND DRUGS › Subchapter 7 - FROZEN DESSERTS › Section 8:21-7.29 - Plant sanitary facilities

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The water supply
				shall be adequate as to quantity, of a safe, sanitary quality, and from an approved
				water supply system which is constructed, protected, operated, and maintained in
				conformance with the New Jersey Safe Drinking Water Act (58:12A-1 et seq.) and regulations
				(N.J.A.C. 7:10) and local laws, ordinances, and regulations; provided, that if
				approved by the Department of Environmental Protection, a nonpotable water supply
				system may be permitted within the establishment for purposes such as air
				conditioning and fire protection, only if such system complies fully with
				8:24-6.6 (Size, installation and
				maintenance of plumbing), and the nonpotable water supply is not used in such a
				manner as to bring it into contact either directly or indirectly with food, food
				equipment or utensils.
(b) Hot and cold
				running water, under pressure, shall be provided in all areas where frozen desserts
				are prepared, and where equipment, utensils or containers are washed.
(c) Each plant shall be provided with adequate,
				conveniently located toilet facilities and dressing rooms accessible to the
				employees at all times which meet the following criteria:
1. Toilet facilities and dressing rooms shall be
				installed in accordance with applicable State and local standards;
2. Doors to toilet rooms and dressing facilities
				shall be self closing and shall not open directly into areas where products are
				exposed to airborne contamination; except where alternate means have been taken to
				prevent such contamination;
3. Toilet
				facilities and dressing rooms including toilet rooms and fixtures shall be kept
				clean and in good repair and free from objectionable odors;
4. Toilet rooms shall be equipped with lavatory
				fixtures which shall be located therein or immediately adjacent and shall be
				supplied with soap, running hot and cold water, single service towels or an approved
				hand drying device;
5. Handwashing signs
				directing employees to wash their hands before returning to work, shall be posted
				conspicuously in all toilet rooms and at each separate lavatory in the
				plant;
6. Handwashing facilities shall
				be conveniently located in processing rooms, and shall include a lavatory supplied
				with soap, running hot and cold water, single service towels or an approved hand
				drying device.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 21 - FOOD AND DRUGS › Subchapter 7 - FROZEN DESSERTS › Section 8:21-7.30 - Plant personnel

Current through Register Vol. 56, No. 14, July 15, 2024
(a) No person infected
				with any disease capable of being transmitted to others through food shall work at a
				frozen dessert plant in any capacity which brings them into direct contact with
				frozen desserts mix, finished products, or food contact surfaces.
(b) Frozen dessert plant employees or applicants
				to whom a conditional offer of employment has been made shall be instructed by
				management that he or she is responsible to report to management, in a manner that
				allows the frozen dessert plant to prevent the likelihood of disease transmission
				through foods, if he or she:
1. Is diagnosed with
				an illness due to hepatitis A virus Salmonella typhi, Shigella, species, Norwalk and
				Norwalk-like viruses, Staphylococcus aureus, Streptococcus pyogenes, Escherichia
				coli 0157:H7, enterohemorrhagic Escherichia coli, enterotoxigenic Escherichia coli,
				Campylobacter jejuni, Entamoeba histolytica, Giardia lamblia, non-typhoidal
				Salmonella, rotavirus, Taenia solium, Yersinia enterocolitica, Vibrio cholerae 01,
				or other infectious or communicable disease that may be declared by the Department
				to be transmissible to others through the handling of food, or has been clearly
				shown to be so based upon verifiable epidemiological data;
2. Is exposed to, or suspected of causing a
				confirmed foodborne disease outbreak of one of the diseases specified in (b)1 above,
				including an outbreak at an event such as a family meal, church supper, or ethnic
				festival because the employee or applicant:
i.
				Prepared food implicated in the outbreak;
ii. Consumed food implicated in the outbreak;
				or
iii. Consumed food at the event
				prepared by a person who is infected or ill; or
3. Lives in the same household as a person who
				attends or works in a day care center, school, or institution experiencing a
				confirmed outbreak of one of the diseases specified in (b)1 above.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 21 - FOOD AND DRUGS › Subchapter 7 - FROZEN DESSERTS › Section 8:21-7.31 - Supply of milk and fluid milk products

Current through Register Vol. 56, No. 14, July 15, 2024
(a) All milk and fluid
				milk products used in the manufacture of frozen desserts for sale or distribution in
				New Jersey shall be obtained from milk plants holding permits from the Department;
				except frozen dessert plants located outside the geographical boundaries of New
				Jersey shall receive their dairy ingredients, which are used in the manufacture of
				frozen desserts, from plants holding a current satisfactory Interstate Milk Shippers
				rating.
(b) Milk and fluid milk
				products, including frozen desserts mix, which have overflowed, leaked, been
				spilled, or improperly handled shall be discarded.
(c) Milk and milk products including frozen
				desserts mix from damaged, punctured or otherwise contaminated containers, products
				from out of code containers or packaged milk and milk products which have physically
				left the control of a milk processing plant shall not be repasteurized for use in
				frozen desserts mix. However, the repasteurization of milk and milk products shipped
				in transport tankers which have been pasteurized at another plant and have been
				handled in a sanitary manner and maintained at 45 degrees Fahrenheit or less is
				permitted.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 21 - FOOD AND DRUGS › Subchapter 7 - FROZEN DESSERTS › Section 8:21-7.32 - Packaging and labeling

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Frozen desserts
				shall be packaged in commercially acceptable containers and packaging material that
				will protect the quality of the product and protect it from possible contamination
				in regular channels of trade. The packaging, cutting, molding, dispensing and other
				handling or preparation of frozen desserts and their ingredients shall be done in a
				sanitary manner.
(b) Multiuse containers
				used for transporting frozen desserts shall be rinsed immediately after emptying,
				shall be cleaned upon return to the plant and shall be protected from contamination
				during storage. Metal cans and containers shall be free from rust and
				corrosion.
(c) All packages of frozen
				desserts shall be labeled in accordance with the applicable provisions of this
				subchapter (N.J.A.C. 8:21-7 ) and the Code of Federal Regulations, Title 21, Chapter
				1. Frozen desserts packaged in accordance with a customer's request and in the
				presence of such customer shall be exempt from the labeling requirements, except as
				provided in the regulations.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 21 - FOOD AND DRUGS › Subchapter 7 - FROZEN DESSERTS › Section 8:21-7.33 - Self service frozen desserts manufacturing machines

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Retail frozen
				desserts manufacturing plants which permit the self service of frozen desserts by
				the customer shall comply with the following provisions to protect the product from
				contamination by the public:
1. Hoppers,
				reservoirs and similar frozen dessert mix holding devices to which the public has
				easy access shall be secured by a method acceptable to the Department to prevent
				entry by the public.
2. Dispensing
				nozzles on dispensing freezers shall be protected from incidental contact by the
				customer by installation of a barrier or shield in front of the nozzle.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 21 - FOOD AND DRUGS › Subchapter 7 - FROZEN DESSERTS › Section 8:21-7.35 - Mobile unit depots

Current through Register Vol. 56, No. 14, July 15, 2024
(a) All mobile units,
				other than those operated exclusively at fairs, outings, carnivals and other fairs
				of short duration, shall operate from a depot as authorized on license. Such depot
				shall be large enough to accommodate one or more mobile units for cleaning and
				sanitizing. Mobile units shall return to their respective depots at least once a day
				for cleaning and sanitizing. Such depots shall be maintained and operated in
				accordance with the following requirements:
1.
				Walls shall be reasonably smooth and clean;
2. There shall be no openings in the walls or at
				the base of doors where vermin or rodents may enter;
3. The floor must be constructed of cement or
				other impervious material, must be provided with a drain, sloped to such drain, and
				the juncture of the floor and walls shall be coved;
4. There shall be provisions for adequate
				ventilation. Ventilation facilities shall be screened or otherwise protected to
				prevent the entrance of flies, other insects, vermin or rodents;
5. There shall be adequate lighting, suitable
				toilet facilities, hand washing facilities equipped with hot and cold running water,
				soap and single service towels or air dryers, clothes lockers, and garbage cans
				provided;
6. A sufficient supply of hot
				and cold running water shall be provided and there must be at least two large sinks,
				each of which is large enough to accommodate the largest piece of equipment to be
				washed. Drain boards of impervious material shall be provided;
7. Hose and hose connections for supplying potable
				water to the mobile units shall be provided. Such hose shall be equipped with a
				check valve or other device to eliminate possible contamination from return flow.
				There shall be facilities for hanging the hose for complete drainage and to avoid
				contamination;
8. There shall be a metal
				pipe drying rack or its equivalent for utensils and equipment;
9. There shall be suitable covered storage
				facilities or containers for all refuse and waste which shall be removed daily from
				the depot;
10. A physical separation
				between the area where the trucks are located and the area where food is stored is
				required.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 21 - FOOD AND DRUGS › Subchapter 7 - FROZEN DESSERTS › Section 8:21-7.36 - Procedures for reconstituting dry frozen desserts mix

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The following
				procedures shall be followed when dry frozen dessert mix is reconstituted and used
				without repasteurization:
1. Only potable water
				shall be used to reconstitute dry mix.
2. The mixing container and equipment shall
				conform to the requirements set forth at
				8:21-7.24, Construction and repair of
				containers and equipment.
3. The mixing
				container and equipment shall be cleaned and sanitized in accordance with the
				requirements set forth at
				8:21-7.25, Cleaning and sanitizing of
				containers and equipment.
4. The
				temperature of the reconstituted mix shall be 45 degrees Fahrenheit or less prior to
				its use in the frozen desserts dispensing device. This shall be accomplished by:
i. Using chilled water which is 45 degrees
				Fahrenheit or less to reconstitute the dry mix; or
ii. Rapidly cooling the mixture without
				interruption to a temperature of 45 degrees Fahrenheit or less within two hours
				utilizing such methods as quick chilling refrigeration equipment or external water
				circulation.
5. The use of
				the hopper or reservoir of the frozen desserts dispensing device for the rapid
				cooling of reconstituted mix shall be prohibited.
6. The finished product shall meet the bacterial
				standards set forth at
				8:21-7.28.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 21 - FOOD AND DRUGS › Subchapter 7 - FROZEN DESSERTS › Section 8:21-7.37 - License fees

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Department shall
				collect from each applicant for a license under the provisions of this subchapter an
				annual fee in the following amounts:
1. For each
				in-State wholesale frozen desserts establishment having an annual gross business not
				in excess of $ 100,000, $ 100.00; for each wholesale frozen desserts establishment
				with a gross annual business in excess of $ 100,000 but not in excess of $ 500,000,
				$ 300.00; and for each wholesale frozen desserts establishment with a gross annual
				business in excess of $ 500,000, $ 500.00.
2. For each out-of-State wholesale frozen desserts
				establishment, $ 100.00.
3. For each
				mobile unit, $ 50.00.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 21 - FOOD AND DRUGS › Subchapter 7 - FROZEN DESSERTS › Section 8:21-7.38 - Suspension, revocation or nonrenewal of license

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Upon evidence duly
				ascertained by the Department or by any local board of health that the licensee has,
				or is currently, violating any rule, regulation or statute applicable to the
				manufacture of frozen desserts, the Department shall, upon hearing and proof of
				allegation, suspend, revoke or refuse to renew any such license. The hearing shall
				be conducted pursuant to the provisions of the Administrative Procedure Act,
				52:14B-1 et seq., and the Uniform
				Administrative Procedure Rules, N.J.A.C. 1:1.
(b) When the Department determines that the
				protection of the public health warrants such action, it may suspend any license
				pending the hearing. In no case shall the frozen dessert manufacturer operate as
				such while suspended.
(c) No license to
				operate as a frozen dessert manufacturer shall be renewed or restored until the
				Department determines that all requirements of this subchapter and any other
				applicable rules and regulations have been satisfied.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 21 - FOOD AND DRUGS › Subchapter 8 - IMITATION MILK, IMITATION LOW FAT MILK AND IMITATION FLUID MILK PRODUCTS › Section 8:21-8.2 - Misbranding of imitation milk, imitation low fat milk and imitation fluid milk products

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Its label bears the
				name under which any such product is defined in
				8:21-8.1 (Definitions and standards of
				identity).
(b) Its label bears a list of
				ingredients, identified by their specific common, or usual names, which were used in
				fabricating the product. If any artificial flavor is used, the label shall bear a
				statement such as "artificially flavored" or "artificial flavor added". Nothing in
				this section shall prevent the use of a brand or fanciful name or mark to further
				identify the product.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 21 - FOOD AND DRUGS › Subchapter 8 - IMITATION MILK, IMITATION LOW FAT MILK AND IMITATION FLUID MILK PRODUCTS › Section 8:21-8.3 - Misbranding of foods made in semblance of imitation milk, imitation low fat milk or any imitation fluid milk product

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A food which is made
				in semblance of imitation milk, imitation low fat milk or any imitation fluid milk
				product as those products are defined herein but which does not meet the edible fats
				and oils, or milk solids-not-fat minimum requirements prescribed in Section 8.1(d)
				(Definitions and standards of identity) of this Chapter, or which contains no dairy
				ingredient shall be deemed to be misbranded if:
1.
				There appears on the label of any such food the word milk or the name of any of the
				fluid milk products identified in or under authority of 9:40-150(d) thereof, even if
				preceded by the word "Imitation". Such products shall be labeled by using a fanciful
				or brand name only;
2. There appears on
				the label of any such product any representation made or suggested by statement,
				word, grade, designation, design, symbol, picture, device or any combination thereof
				that such food is a dairy product, or is imitation milk, imitation low fat milk, or
				imitation fluid milk product as those terms are defined herein.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 21 - FOOD AND DRUGS › Subchapter 8 - IMITATION MILK, IMITATION LOW FAT MILK AND IMITATION FLUID MILK PRODUCTS › Section 8:21-8.4 - Adulteration of imitation milk, imitation low fat milk and foods made in semblance of such products

Current through Register Vol. 56, No. 14, July 15, 2024
(a) For the purpose of
				this regulation imitation milk, imitation low fat milk or any imitation fluid milk
				products or any food made in semblance of any such product shall be deemed to have
				been produced under sanitary conditions, if the plant in which such products are
				produced is subject to the provisions of the State statutes or regulations relating
				to plant sanitation for milk and milk products including temperature,
				bacteriological and chemical standards, and such provisions are complied with and
				the requirements hereinafter set forth in subsection (c) are met.
(b) When imitation milk, imitation low fat milk or
				imitation fluid milk products or any of them is produced in a plant not now subject
				to the provisions of the State milk and milk products statutes or regulations
				relating to milk plant sanitation, such imitation products shall be produced under
				the same sanitary conditions as is provided for in subsection (a) above.
(c) The requirements referred to in subsection (a)
				above are as follows.
Imitation milk plant operations, equipment, and facilities shall
				  be located and conducted to prevent any contamination of imitation milk or imitation
				  fluid milk products, ingredients, equipment, containers, and utensils. All imitation
				  milk or imitation fluid milk products or ingredients which have been spilled,
				  overflowed, or leaked shall be discarded. The processing or handling of products
				  other than imitation milk and imitation fluid milk products in the pasteurization
				  plant shall be performed to preclude the contamination of such imitation milk and
				  imitation fluid milk products.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 21 - FOOD AND DRUGS › Subchapter 9 - LICENSING OF FOOD AND COSMETIC MANUFACTURING AND WHOLESALE ESTABLISHMENTS › Section 8:21-9.1 - Definitions

Current through Register Vol. 56, No. 14, July 15, 2024
The following words and terms, when used in this subchapter,
				  shall have the following meanings, unless the context clearly indicates
				  otherwise.
"Person" shall mean an individual or firm, partnership, company,
				  corporation, trustee, association or any public or private entity.
"Retail establishment" means any place engaged in the production,
				  preparation, processing, manufacture, packing, storage or handling of food or
				  cosmetics for sale or distribution directly to the consumer.
"Wholesale establishment" means any place engaged in the
				  production, preparation, processing, manufacture, packing, storage or handling of
				  food or cosmetics for sale or distribution to any other person other than the
				  ultimate consumer.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 21 - FOOD AND DRUGS › Subchapter 9 - LICENSING OF FOOD AND COSMETIC MANUFACTURING AND WHOLESALE ESTABLISHMENTS › Section 8:21-9.2 - Scope of regulations

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Every wholesale
				establishment falling within the definitions of
				24:15-1, must obtain a license from the
				Department except as hereinafter exempted.
(b) A separate license shall be obtained for each
				wholesale food and cosmetic establishment operated within the State.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 21 - FOOD AND DRUGS › Subchapter 9 - LICENSING OF FOOD AND COSMETIC MANUFACTURING AND WHOLESALE ESTABLISHMENTS › Section 8:21-9.3 - Exemptions

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The following
				establishments shall be exempt from the licensing provisions of P.L. 1971, c.158,
				but shall comply with all other provisions of Chapter 15, Title 24, N.J.S.A., and
				all pertinent rules and regulations enforced by the Department:
1. Retail food and cosmetic
				establishments;
2. Establishments
				subject to licensure under other provisions of Title 24, N.J.S.A.;
3. Establishments inspected and licensed by a
				local health department;
4. Growers of
				raw agricultural commodities delivering their produce to food processing
				establishments.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 21 - FOOD AND DRUGS › Subchapter 9 - LICENSING OF FOOD AND COSMETIC MANUFACTURING AND WHOLESALE ESTABLISHMENTS › Section 8:21-9.4 - License requirement

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Every person owning
				or operating a wholesale food or cosmetic establishment within the State shall apply
				annually for a license to operate such establishment on forms provided by the
				department.
(b) The application shall
				have attached thereto an affidavit of the person or some member or officer of the
				association, partnership or corporation applying therefor, stating that the facts
				set forth therein are true and correct.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 21 - FOOD AND DRUGS › Subchapter 9 - LICENSING OF FOOD AND COSMETIC MANUFACTURING AND WHOLESALE ESTABLISHMENTS › Section 8:21-9.5 - License fees

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Department shall
				collect from each applicant for a license, under the provisions of these rules, an
				annual fee in the following amounts:
1. For each
				wholesale food or cosmetic establishment with a gross annual business not in excess
				of $ 100,000, $ 150.00;
2. For each
				wholesale food or cosmetic establishment with a gross annual business in excess of $
				100,000 but not in excess of $ 500,000, $ 500.00; and
3. For each wholesale food or cosmetic
				establishment with a gross annual business in excess of $ 500,000, $
				1,000.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 21 - FOOD AND DRUGS › Subchapter 9 - LICENSING OF FOOD AND COSMETIC MANUFACTURING AND WHOLESALE ESTABLISHMENTS › Section 8:21-9.6 - Expiration of license; nontransferability of license

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Upon approval of the
				application for a license and of the sanitary condition of the food or cosmetic
				establishment and upon payment of the required license fee, the department shall
				issue to each applicant a license which shall expire one year from the last day of
				the month in which the original application is received and yearly
				thereafter.
(b) Such license shall not
				be transferable with respect to persons or locations.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 21 - FOOD AND DRUGS › Subchapter 9 - LICENSING OF FOOD AND COSMETIC MANUFACTURING AND WHOLESALE ESTABLISHMENTS › Section 8:21-9.7 - Revocation of license

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Upon evidence duly
				ascertained by the Department or furnished to the Department by any local board of
				health, that the licensee licensed under the provisions of this Act is violating any
				of the rules, regulations or statutes as hereinbefore provided, the Department shall
				upon hearing and proof of allegation, revoke the license of such licensee. The
				hearing shall be conducted pursuant to the Administrative Procedure Act,
				52:14B-1 et seq., and the Uniform
				Administrative Procedure Rules, N.J.A.C. 1:1.
(b) No such license shall be renewed or restored
				until the Department is satisfied that all the provisions of this Act and pertinent
				rules and regulations are complied with.
(c) The Department, when in its judgment the
				protection of public health warrants, may, before hearing suspend such license
				pending the hearing, in which event it shall be unlawful for the licensee whose
				license is thus suspended to engage in the business for which the license was
				granted during such period of suspension.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 21 - FOOD AND DRUGS › Subchapter 10 - DESIGNATED FLUID MILK PRODUCTS › Section 8:21-10.1 - Pasteurized Milk Ordinance (PMO) adopted

Current through Register Vol. 56, No. 14, July 15, 2024
The National Conference on Interstate Milk Shipments, Grade "A"
				  Pasteurized Milk Ordinance (PMO) 2019, is incorporated herein by reference, as
				  amended and supplemented, as the legal requirements for the production and
				  processing of milk and milk products in the State of New Jersey, provided, however,
				  that certain sections of the PMO as identified in this subchapter are not adopted
				  and that certain additional requirements as set forth in this subchapter are
				  promulgated. The PMO is available from the Food and Drug Administration (FDA), Grade
				  "A" Milk Safety Program, Milk and Milk Products Branch, HFS-316, Division of Dairy,
				  Eggs and Meat Products, 5001 Campus Drive College Park, MD 20740-3835 (240)
				  402-1700, and online at
http://www.fda.gov/food/milk-guidance-documents-regulatory-information/national-conference-interstate-milk-shipments-ncims-model-documents#PMO
.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 21 - FOOD AND DRUGS › Subchapter 10 - DESIGNATED FLUID MILK PRODUCTS › Section 8:21-10.2 - Definitions

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The following definitions contained in Section
				1. Definitions of the Pasteurized Milk Ordinance are not adopted.
1. Definition L "Milk products" is replaced by the
				definition in statute at
				N.J.S.A.
				24:10-57.1(b).
2. Definition O "Adulterated milk" is replaced by
				the definition in statute at
				N.J.S.A.
				24:5-8.
3. Definition P "Misbranded milk" is replaced by
				the definition in statute at
				N.J.S.A.
				24:5-17.
4. Definition U "Milk producer" is replaced by the
				definition in statute at
				N.J.S.A.
				24:10-57.1(e).
5. Definition V "Milk hauler" is replaced by the
				definition in statute at
				N.J.S.A.
				24:10-57.1(i).
6. Definition W "Milk distributor" is replaced by
				the definition in statute at
				N.J.S.A.
				24:10-57.1(f).
7. Definition Y "Dairy farm" is replaced by the
				definition in statute at
				N.J.S.A.
				24:10-57.1(d).
8. Definition Z "Milk plant" is replaced by the
				definition in statute at
				N.J.S.A.
				24:10-57.1(g).
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 21 - FOOD AND DRUGS › Subchapter 10 - DESIGNATED FLUID MILK PRODUCTS › Section 8:21-10.3 - Adulterated or misbranded milk

Current through Register Vol. 56, No. 14, July 15, 2024
Section 2. "Adulterated
				or Misbranded Milk or Milk Products" of the Pasteurized Milk Ordinance is not
				adopted and is replaced with the statutes governing adulterated or misbranded milk
				found at 24:5-8 and
				24:5-17.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 21 - FOOD AND DRUGS › Subchapter 10 - DESIGNATED FLUID MILK PRODUCTS › Section 8:21-10.4 - Permits

Current through Register Vol. 56, No. 14, July 15, 2024
Section 3. "Permits" of
				the Pasteurized Milk Ordinance is not adopted and is replaced with the statutes
				governing the issuance of permits/licenses found at
				24:10-57.1 et seq.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 21 - FOOD AND DRUGS › Subchapter 10 - DESIGNATED FLUID MILK PRODUCTS › Section 8:21-10.5 - Labeling

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Section 4.
				"Labeling" of the Pasteurized Milk Ordinance is adopted with the following
				additional requirements:
1. The labeling
				information which is required on all bottles, containers or packages of milk or
				fluid milk products shall conform with Federal labeling requirements under 21 CFR
				101, Food Labeling.
2. The use of the
				words "Grade A" on containers of milk products is limited to firms which voluntarily
				participate with the procedures of the National Conference on Interstate Milk
				Shipments.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 21 - FOOD AND DRUGS › Subchapter 10 - DESIGNATED FLUID MILK PRODUCTS › Section 8:21-10.6 - Inspection of dairy farms and milk plants

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Section 5.
				"Inspection of Dairy Farms and Milk Plants" of the Pasteurized Milk Ordinance is
				adopted with the following additional requirements:
1. References to Section 3. of the Pasteurized
				Milk Ordinance regarding the suspension/revocation of permits will be accomplished
				pursuant to 24:10-57.8 and the Administrative
				Procedure Act, 52:14B-1 et seq. and the Uniform
				Administrative Procedure Rules, N.J.A.C. 1:1.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 21 - FOOD AND DRUGS › Subchapter 10 - DESIGNATED FLUID MILK PRODUCTS › Section 8:21-10.7 - Examination of milk and fluid milk products

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Section 6. "The
				Examination of Milk and Milk Products" of the Pasteurized Milk Ordinance is adopted
				with the following additional requirements:
1.
				References to Section 3. of the Pasteurized Milk Ordinance regarding the
				suspension/revocation of permits will be accomplished pursuant to
				24:10-57.8 and the Administrative
				Procedure Act, 52:14B-1 et seq. and the Uniform
				Administrative Procedure Rules, N.J.A.C. 1:1.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 21 - FOOD AND DRUGS › Subchapter 10 - DESIGNATED FLUID MILK PRODUCTS › Section 8:21-10.8 - Standards for milk and fluid milk products

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Section 7.
				"Standards for Milk and Milk Products" of the Pasteurized Milk Ordinance is adopted
				with the following additional requirements:
1. The
				following standards for pasteurized mixes for frozen desserts are added to Table 1.
				"Chemical, Bacteriological and Temperature Standards" of the Pasteurized Milk
				Ordinance.
i. Temperature--Same as established in
				(a) above;
ii. Bacterial limits (not
				applicable to cultured products)--50,000 bacteria per gram;
iii. Coliform limits--Not exceeding 10 per gram;
				and
iv. Phosphatase--Less than 350
				milliunits/liter for fluid products and less than 500 for other milk products by the
				Fluorometer or Charm ALP or equivalent.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 21 - FOOD AND DRUGS › Subchapter 10 - DESIGNATED FLUID MILK PRODUCTS › Section 8:21-10.10 - Milk and milk products which may be sold

Current through Register Vol. 56, No. 14, July 15, 2024
Section 9. "Milk and
				Milk Products Which May be Sold" of the Pasteurized Milk Ordinance is not
				adopted.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 21 - FOOD AND DRUGS › Subchapter 10 - DESIGNATED FLUID MILK PRODUCTS › Section 8:21-10.11 - Transferring; delivery containers; cooling

Current through Register Vol. 56, No. 14, July 15, 2024
Section 10.
				"Transferring, Delivery Containers, Cooling" of the Pasteurized Milk Ordinance is
				adopted.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 21 - FOOD AND DRUGS › Subchapter 10 - DESIGNATED FLUID MILK PRODUCTS › Section 8:21-10.12 - Milk and milk products from points beyond the limits of routine inspection

Current through Register Vol. 56, No. 14, July 15, 2024
Section 11. "Milk and
				Milk Products from Points Beyond the Limits of Routine Inspection" of the
				Pasteurized Milk Ordinance is adopted.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 21 - FOOD AND DRUGS › Subchapter 10 - DESIGNATED FLUID MILK PRODUCTS › Section 8:21-10.13 - Future dairy farms and milk plants

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Section 12. "Future
				Dairy Farms and Milk Plants" of the Pasteurized Milk Ordinance is not adopted and is
				replaced with the following requirements:
1. Plans
				for all milk houses, milking barns, stables and parlors which are constructed,
				reconstructed or extensively altered on or after October 16, 2000, prepared in
				accordance with applicable law, rules and professional standards, shall be submitted
				to the certified industry inspector or Department for review before work is
				begun.
2. Plans for all transfer
				stations, receiving stations and milk plants which are constructed, reconstructed or
				extensively altered on or after October 16, 2000, prepared in accordance with
				applicable law, rules and professional standards, shall be submitted to the
				Department for review before work is begun.
3. The certified industry inspector or Department
				shall review these plans and respond accordingly within 30 days of the date of
				submission. The certified industry inspector shall send a copy of the plans for any
				milk house, milking barn, stable or parlor to the Department after approval is
				granted.
4. No milk house, milking barn,
				stable, parlor, transfer station, receiving station or milk plant shall be
				constructed, reconstructed or extensively altered except in accordance with plans
				previously submitted to the appropriate certified industry inspector, health and
				construction authorities.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 21 - FOOD AND DRUGS › Subchapter 10 - DESIGNATED FLUID MILK PRODUCTS › Section 8:21-10.15 - Procedure when infection or high risk of infection is discovered

Current through Register Vol. 56, No. 14, July 15, 2024
Section 14. "Procedure
				When Infection or High Risk of Infection is Discovered" of the Pasteurized Milk
				Ordinance is adopted.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 21 - FOOD AND DRUGS › Subchapter 10 - DESIGNATED FLUID MILK PRODUCTS › Section 8:21-10.16 - Enforcement

Current through Register Vol. 56, No. 14, July 15, 2024
Section 15.
				"Enforcement" of the Pasteurized Milk Ordinance is not adopted. The enforcement of
				this subchapter will be in accordance with N.J.S.A. 24:1 et seq., the Administrative
				Procedure Act, 52:14B-1 et seq. and the Uniform
				Administrative Procedure Rules, N.J.A.C. 1:1.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 21 - FOOD AND DRUGS › Subchapter 10 - DESIGNATED FLUID MILK PRODUCTS › Section 8:21-10.17 - Penalty

Current through Register Vol. 56, No. 14, July 15, 2024
Section 16.  "Penalty"
				of the Pasteurized Milk Ordinance is not adopted. Penalties for violations of these
				rules can be found at
				24:2-6 and
				24:17-1 et seq.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 21 - FOOD AND DRUGS › Subchapter 10 - DESIGNATED FLUID MILK PRODUCTS › Section 8:21-10.18 - Repeal and date of effect

Current through Register Vol. 56, No. 14, July 15, 2024
Section 17. "Repeal and
				Date of Effect" of the Pasteurized Milk Ordinance is not adopted. The repeal of
				existing rules and date of effect of these rules shall be in conformance with the
				Administrative Procedure Act.
				52:14B-1 et seq., and N.J.A.C.
				1:30.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 21 - FOOD AND DRUGS › Subchapter 10 - DESIGNATED FLUID MILK PRODUCTS › Section 8:21-10.19 - Separability clause

Current through Register Vol. 56, No. 14, July 15, 2024
Section 18.
				"Separability Clause" of the Pasteurized Milk Ordinance is not adopted. The
				administration of these rules shall be in conformance with the Administrative
				Procedure Act, 52:14B-1 et seq., the Uniform
				Administrative Procedure Rules, N.J.A.C. 1:1, and N.J.A.C. 1:30.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 21 - FOOD AND DRUGS › Subchapter 10 - DESIGNATED FLUID MILK PRODUCTS › Section 8:21-10.20 - Dating of milk and fluid milk products

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Fluid milk products
				as defined in 24:10-57.1 and all types and varieties
				of cottage and soft cheeses designated by the Department, intended for direct sale
				to consumers, shall be legibly marked with a "shelf-life expiration date." This date
				shall be determined and applied on the final consumer package or container by the
				initial processor or manufacturer. Prior to determining this date, each processor or
				manufacturer shall notify the Department of the intended date selected by him for
				each fluid milk product. All data and material used by the processor or manufacturer
				in his determination of this date shall be made available to the Commissioner upon
				request. If the data and material submitted does not, in the opinion of the
				Commissioner, justify the "shelf-life expiration date," the Commissioner shall
				prohibit the sale of the product until such time as satisfactory data is supplied or
				until a new "shelf-life expiration date" consistent with the data is applied to the
				product.
(b) The packages or containers
				shall be marked with the legend "not to be sold after," or "sell by," or any other
				clearly understandable legend approved by the Department, followed by the
				"shelf-life expiration date." The designation of the month and date of the month
				after which the product shall not be sold may be numerical, such as "9-15" or "0915"
				for September 15 or with the use of an abbreviation for the month such as "Sep 15"
				or "Se 15."
(c) The "shelf-life
				expiration date" shall appear in a clear and legible manner and shall be placed on
				the part of the package or container most likely to be displayed, presented, or
				shown or examined under customary conditions of display for retail sale, and shall
				not interfere with the legibility of other mandatory labeling requirements of the
				product. However, cup containers that are labeled with the date on the bottom of the
				container shall have displayed on the cap or other conspicuous position information
				indicating the location of the date. The same provision applies for dates molded
				into plastic containers. Individual portion-pak containers not intended for direct
				resale to consumers shall be exempted, provided the bulk container in which they are
				distributed is properly dated. Containers and packages of frozen cream and frozen
				desserts mixes not intended for resale to consumers shall also be exempted from the
				provisions of this regulation.
(d) No
				milk product referred to in this regulation shall be sold or offered for sale after
				11:59 P.M. of the date appearing on the package or container. Products delivered
				prior to the "shelf-life expiration date" may be consumed on the premises beyond the
				date appearing thereon.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 21 - FOOD AND DRUGS › Subchapter 10 - DESIGNATED FLUID MILK PRODUCTS › Section 8:21-10.21 - Temporary marketing permit

Current through Register Vol. 56, No. 14, July 15, 2024
Any person holding a current New Jersey milk plant license who
				  wishes to manufacture a fluid milk product for which a standard of identity has not
				  been promulgated, may make application to the Department for a temporary marketing
				  permit to market such a product. The application shall be on a form furnished by the
				  Department and shall contain such information as the Department may require,
				  including, but not limited to: name, address, and telephone number of applicant;
				  brand name of product; estimated amount of product to be produced; product
				  description and specific difference(s) between the standardized fluid milk product
				  and the product for which the temporary marketing permit is being requested. Such
				  permit shall be for a period not to exceed one year; however it may be renewed
				  pending action by the Department.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 21 - FOOD AND DRUGS › Subchapter 10 - DESIGNATED FLUID MILK PRODUCTS › Section 8:21-10.22 - License fees; permit application

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Department shall
				collect from each applicant for a permit under the provisions of this subchapter an
				annual fee in the following amounts:
1. From each
				milk plant or bulk milk hauler receiving milk or fluid milk products from another
				milk plant or bulk milk hauler or collecting milk from one or more dairy farms but
				not more than 25 dairy farms, the sum of $ 50.00.
2. From each milk plant or bulk milk hauler
				collecting milk from more than 25 dairy farms, the sum of $ 100.00.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 21 - FOOD AND DRUGS › Subchapter 10 - DESIGNATED FLUID MILK PRODUCTS › Section 8:21-10.23 - Suspension, revocation or nonrenewal of permit

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Upon evidence duly
				ascertained by the Department or any local board of health that the permittee has,
				or is, violating any rule, regulation or statute applicable to the production,
				handling, processing or transporting of milk or fluid milk products, the Department
				shall, upon hearing and proof of allegation, suspend, revoke or refuse to renew any
				such permit. The hearing shall be conducted pursuant to the provisions of the
				Administrative Procedures Act,
				52:14B-1 et seq., and the Uniform
				Administrative Procedures Rules, N.J.A.C. 1:1.
(b) When the Department determines that the
				protection of the public health warrants such action, it may suspend any permit
				pending the hearing. In no case shall the milk plant or bulk milk hauler operate as
				such while suspended.
(c) No permit to
				operate as a milk plant or bulk milk hauler shall be renewed or restored until the
				Department determines that all requirements of this subchapter and any other
				applicable rules and regulations have been satisfied.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 21 - FOOD AND DRUGS › Subchapter 11 - DENTED CANS; SALVAGE OR DISTRESSED FOODS, ALCOHOL AND NONALCOHOLIC BEVERAGES AND INDUSTRIAL MISHANDLING › Section 8:21-11.1 - Scope

Current through Register Vol. 56, No. 14, July 15, 2024
The following rules shall be met by all establishments used in
				  the production, preparation, manufacture, packaging, storage, transportation or
				  handling of food intended for sale or distribution at the wholesale or retail
				  levels.