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No person shall operate or maintain an establishment serving malted milk, malted skim milk or other milk drink without complying with the following regulations:

A. Malted milk shall be a mixture of Grade A raw or pasteurized milk, containing not less than three and three-tenths percent of milk fat, with malted milk and flavoring substances, and either ice cream containing not less than 10 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 of California. 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 CVMC 8.16.330.

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 skim 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 for 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. (Ord. 855 § 2; prior code § 15.52).