A milk plant is any establishment, other than a frozen dessert plant, where milk or fluid milk products are collected, handled, processed, manufactured, stored, pasteurized, bottled, or prepared for distribution, sale, or resale.

• This does not include stores or milk depots handling retail containers of milk or fluid milk products in original unopened containers, nor to those establishments dispensing milk or fluid milk products for consumption on the premises or that portion of any establishment operated as a dairy farm.

A bulk milk hauler is defined as any person, other than a person holding a milk plant permit from the department, who purposes or collects milk in a tank truck from dairy farms for distribution or sale to a milk plant or milk plants other than that or those for which he holds a permit.

Out-of-State Applicants:

NJ Rev Stat § 24:10-57.2: No person shall operate a milk plant, as defined herein, from which milk or fluid milk products are shipped, transported or imported for the purpose of distribution, sale or resale in this State, either directly or indirectly, and no person shall operate as a bulk milk hauler distributing or selling milk to such milk plants, unless that person shall have first obtained a permit from the department to engage in such business, in the manner hereinafter set forth.

A permit shall be required for each milk plant or each bulk milk hauler and it shall not be transferable with respect to persons or locations. All such permits shall expire on June 30 in each year unless an earlier date is specified by such permit.

All sections of the application are required. Incomplete applications will not be processed, and handwritten applications are not accepted.

Download Application Form M-3

All attachments must be in English or accompanied by an English translation.

• A complete list of all products manufactured and offered for sale.  (grade-A and not grade-A)

• Pounds per day of farm-produced milk

• Pounds per day of finished product (Milk/Yogurt)

• Pounds per day of finished product (cheese), if applicable

• Do you utilize milk from other sources or are you 100% supplied by your farm?

• Label samples for each product (pdf proofs are acceptable)

• Shelf-life verification analysis for each standard of identity

• A flow chart of the process and equipment, starting with how farm milk is transferred to holding tanks and then to the plant.

• Incubation time and pH monitoring records for yogurt, if applicable

• Single-Service suppliers of glass bottles, caps, yogurt cups, lids, foil, etc.  Name, City, and IMS listing

• Name, City, IMS listing of any additional milk sources other than your farm

• Name and City of approved laboratory that conducts shelf-life analysis and standard of identity testing

• Number of people you wish to be evaluated as bulk haulers/samplers (farm)

• Number of people you wish to be evaluated as milk plant sample collectors (plant)

• Certificate of Occupancy or Temporary Certificate of Occupancy

• The make, model number, and manufacturer specifications for all equipment used in the process, especially the following:

  • HTST probes and valves

  • Chart Recorder

  • Bottle filling/capping

  • Bottle Washer

Submit an electronic payment and receive a payment confirmation email.

Section 8:21-10.22 License fees

(a) The Department shall collect from each applicant for a permit under the provisions of the rules of this subchapter an annual fee in the following amounts:

Submit an electronic payment

Send your completed application, required attachments, and payment confirmation number via email to dairyproject@doh.nj.gov.

The minimum processing time required from receipt of an application to license issuance by the NJDOH is 4 weeks.

Email the Dairy Project

Upon review and approval, NJDOH Dairy Project inspectors will schedule a pre-operational inspection where applicants shall be requested to provide:

• A guided walk-through of the milk plant to ensure compliance with PMO
• Necessary documents to conduct evaluations of bulk hauler/sampler & milk plant sampler, and milk tanker truck inspection
• HTST results (from a certified pasteurization process technician who has conducted a service test for proper function)

Several unannounced inspections of the milk plant will occur following the pre-operational inspection. Farm inspections for bulk haulers/samplers occur every 6 months whereas plant inspections and quarterly pasteurizer equipment tests jointly occur every 3 months. Upon successful completion of the initial plant inspection and equipment tests, a plant rating will be scheduled, with the BTU and milk plant being rated separately for IMS Listing. 

NOTE: Licenses will not be issued until a Satisfactory rating is obtained through the initial inspection.

Applicant establishment operations must pasteurize milk, either raw or already pasteurized, and then process it into cheese.

All sections of the application are required. Incomplete applications will not be processed. Handwritten applications are not accepted.

Download Application Form F-29

• A copy of floor plans
  
  
• A copy of equipment specifications, specifically pasteurization, temperature recording, filling, and packaging equipment to determine whether they are Pasteurized Milk Ordinance-compliant
  
  
• A description of operations – pasteurizing raw milk, handling/transferring raw and pasteurized milk, re-pasteurizing pasteurized whole milk, using curd wheels, etc. Generally, it is more sanitary to pump/pipe raw milk from the bulk milk tank to the pasteurizer, but filling/transporting milk cans is acceptable if performed in a sanitary manner

Submit an electronic payment and receive a payment confirmation email.

Section 8:21-9.5 License fees

(a) The Department shall collect from each applicant for a license, under the provisions of these rules, an annual fee in the following amounts:

Submit an electronic payment

Send your completed application, required attachments, and payment confirmation number via email to dairyproject@doh.nj.gov.

The minimum processing time required from receipt of an application to license issuance by the NJDOH is 4 weeks.

Email the Dairy Project

Upon review and approval, NJDOH Dairy Project inspectors will schedule a pre-operational inspection where applicants shall be requested to provide:

• A guided walk-through of the milk plant to ensure compliance with PMO
• Necessary documents to conduct evaluations of bulk hauler/sampler & milk plant sampler, and milk tanker truck inspection
• HTST results (from a certified pasteurization process technician who has conducted a service test for proper function)

Several unannounced inspections of the milk plant will occur following the pre-operational inspection. Farm inspections for bulk haulers/samplers occur every 6 months whereas plant inspections and quarterly pasteurizer equipment tests jointly occur every 3 months. Upon successful completion of the initial plant inspection and equipment tests, a plant rating will be scheduled, with the BTU and milk plant being rated separately for IMS Listing. 

NOTE: Licenses will not be issued until a Satisfactory rating is obtained through the initial inspection.

All sections of the application are required. Incomplete applications will not be processed. Handwritten applications are not accepted.

Download Application Form M-5

• A copy of facility floor plans, including areas of raw ingredient storage, mixing/blending, processing/pasteurization, packaging, and finished product storage
  
  
• A copy of equipment specifications, specifically pasteurization, temperature recording, filling, and packaging equipment to determine whether they are Pasteurized Milk Ordinance-compliant
  
  
• A description of operations – pasteurizing raw milk, handling/transferring raw and pasteurized milk, re-pasteurizing pasteurized whole milk, using curd wheels, etc. Generally, it is more sanitary to pump/pipe raw milk from the bulk milk tank to the pasteurizer, but filling/transporting milk cans is acceptable if performed in a sanitary manner
  
  
• The make, model number, and manufacturer specifications/instructions for each piece of equipment
  
  
• Flow charts, as necessary, to explain the equipment used and the area of the facility where each step will take place in
  
  
• Supplier Name/location for
  • Milk and milk products
  • Additional ingredients, flavorings, colorants, mix-ins (fruit, nuts, cookies, peanut butter, etc.)
  • Finished product packaging
    • Final packaging must be tamper-evident to alert consumers if the product was opened
      
      
• A complete ingredient list for each flavor of frozen dessert that you propose to manufacture; ingredients added after pasteurization require a certificate of analysis or manufacturer specification stating the maximum total coliform and/or Standard Plate Count levels accepted
  
  
• A Standard of Identity analysis, using approved SMEDP methods by an approved laboratory.
  • Similar flavor types (for example, plain vanilla, chocolate, and strawberry) using the same base ingredients may be considered one variety for a single Standard of Identity analysis
  • Analysis of % by weight total milk solids, % by weight milk fat%, % by weight milk solids nonfat, % by weight total food solids
  • Production method used to make your frozen desserts.  In addition to the milk fat, and milk solids requirements, “ice cream” is a product that is made by freezing while stirring
    
    
• Label “proofs” or mockups of the label for each flavor.
  • Standard of Identity
  • Company Name, contact information
  • Net weight
  • Ingredients statement (in descending order)
    • Declaration of inclusion of any of the 9 major food allergens
  • Nutrition facts panel
  • Lot or batch identifier code
    
    
• The name and address of the approved laboratory that will conduct the microbiological testing (Standard Plate Count, Total Coliform) for each variety of ice cream (similar formulations may be considered one variety)
  
  
• Certificate of Occupancy issued by the local building authority

Submit an electronic payment and receive a payment confirmation email.

Section 8:21-7.37 License fees

(a) The Department shall collect from each applicant for a license under the provisions of this subchapter an annual fee in the following amounts:

Submit an electronic payment

Send your completed application, required attachments, and payment confirmation number via email to dairyproject@doh.nj.gov.

The minimum processing time required from receipt of an application to license issuance by the NJDOH is 4 weeks.

Email the Dairy Project

During submission, applicants must include both the application form and required attachments such as:

• A copy of the most recent sanitary inspection report from the local health agency of the applicant establishment (This allows applicants to operate while the M-5 application form is being reviewed and processed.)
  
  
• A copy of all local permits, including but not limited to a Certificate of Occupancy for the manufacturing of frozen dessert products

Upon review and approval, NJDOH Dairy Project inspectors will schedule a pre-operational inspection where applicants shall be requested to:

• Provide results from a minimum of four laboratory analysis reports of Standard Plate Count and Coliforms from four different production lots per type of standard of identity (I.e., ice cream, water ice)
  • Applicants may use any laboratory certified by the regulatory agency of the laboratory’s state to conduct these analyses.
  • If reports cannot be provided or results do not meet the standards in N.J.A.C. 8:21-7.28, an automatic Conditionally Satisfactory rating will be issued.

Once the satisfactory results are submitted and reviewed, NJDOH Dairy Project inspectors will reach out via email to schedule an announced initial inspection. Along with satisfactory results, the following is expected to be readily available for review:

• Proof of Pasteurization and Sanitation Compliance
  • If the establishment utilizes a manufactured ice cream mix for dairy-based frozen desserts, there must be clear signage of the Interstate Milk Shipper (IMS) plant # on each container of the mix. Applicants can review the IMS List where the FDA provides continuous updates for applicants to ensure that the mix being used originates from a certified plant.
  • Pasteurization is required for all frozen dessert mixes directly manufactured from scratch by the applicant establishment. Pasteurization equipment and procedures must be conducted in accordance with the most recent version of the FDA's Pasteurized Milk Ordinance (PMO).

NOTE: Licenses will not be issued until a Satisfactory rating is obtained through the initial inspection.

A License to Manufacture Frozen Desserts Establishment is required for mobile food vendors that want to sell and distribute frozen desserts in New Jersey.

All sections of the application are required. Incomplete applications will not be processed. Handwritten applications are not accepted.

Download Application Form M-5

The following information is required for each vehicle at the time of submission and will be rejected, if not included:

• Year & make
• VIN
• Depot address (the location where the base mix is stored and the equipment is cleaned)

Submit an electronic payment and receive a payment confirmation email.

Section 8:21-9.5 License fees

(a) The Department shall collect from each applicant for a license, under the provisions of these rules, an annual fee in the following amounts:

Submit an electronic payment

Send your completed application, required attachments, and payment confirmation number via email to dairyproject@doh.nj.gov.

The minimum processing time required from receipt of an application to license issuance by the NJDOH is 4 weeks.

Email the Dairy Project

An initial inspection of the mobile unit will occur on behalf of the NJDOH; however, all other routine annual inspections are handled by local inspectors. Upon review and approval, NJDOH Dairy Project inspectors will schedule an initial inspection where applicants shall be requested to:

• Provide results from a minimum of four laboratory analysis reports of Standard Plate Count and Coliforms from four different production lots per type of standard of identity (I.e., ice cream, water ice)
  • Applicants may use any laboratory certified by the regulatory agency of the laboratory’s state to conduct these analyses.
  • If reports cannot be provided or results do not meet the standards in N.J.A.C. 8:21-7.28, an automatic Conditionally Satisfactory rating will be issued.

NOTE: Licenses will not be issued until a Satisfactory rating is obtained through the initial inspection.