CHAPTER 17.
§ 17-1. Definitions.
§ 17-2. Sale of adulterated, misbranded or ungraded milk or milk
products prohibited.
§ 17-3. Permits.
§ 17-4. Labeling.
§ 17-5. Inspection of dairy farms and milk plants.
§ 17-6. Examination of samples of milk and milk products.
§ 17-7. Grading of milk and milk products.
§ 17-8. Certified milk, raw.
§ 17-9. Grade A raw milk.
§ 17-10. Grade B raw milk for pasteurization.
§ 17-11. Grade C raw milk for pasteurization.
§ 17-12. Certified milk, pasteurized.
§ 17-13. Grade A pasteurized milk.
§ 17-14. Grade B pasteurized milk.
§ 17-15. Grade C pasteurized milk.
§ 17-16. Grades of milk and milk products which may be sold.
§ 17-17. Supplementary regrading; reinstatement of permit.
§ 17-18. Transferring or dipping milk; delivery containers; cooling;
quarantined residences.
§ 17-19. Milk and milk products from points beyond the limits of routine
inspection of the city.
§ 17-20. Future dairies and milk plants.
§ 17-21. Notification of disease.
§ 17-22. Procedure when infection suspected.
§ 17-23. Enforcement interpretation.
§ 17-24. Agreement between joint health department and state department
of agriculture.
Sec. 17-1. Definitions.
The following definitions shall apply in the interpretation
and the enforcement of this chapter:
(a) Milk. Milk is hereby defined to be the lacteal secretion,
practically free from colostrum, obtained by the complete
milking of one or more healthy cows, which contains
not less than eight and one-half per cent milk solids not fat
and not less than three and one-quarter per cent milk fat.
(b) Goat milk. Goat milk is the lacteal secretion, practically
free from colostrum, obtained by the complete milking
of healthy goats. The word "milk" shall be interpreted to
include goat milk.
(c) Milk fat. Milk fat, or butter fat, is the fat of milk.
(d) Cream. Cream is a portion of milk which contains not
less than eighteen per cent milk fat.
(e) Sour cream. Sour cream is cream the acidity of which
is more than twenty hundredths per cent, expressed as lactic
acid.
(f) Light cream, coffee cream or table cream. Light
cream, coffee cream or table cream is cream which contains
not less than thirty per cent milk fat.
(g) Whipping cream. Whipping cream is cream which
contains not less than thirty per cent milk fat.
(h) Light whipping cream. Light whipping cream is
whipping cream which contains less than thirty-six per cent
milk fat.
(i) Heavy cream or heavy whipping cream. Heavy cream
or heavy whipping cream is whipping cream which contains
not less than thirty-six per cent milk fat.
(j) Half and half. Half and half is a product consisting
of a mixture of milk and cream which contains not less than
eleven and five-tenths per cent milk fat.
(k) Reconstituted, or recombined, half and half. Reconstituted,
or recombined, half and half is a product resulting
from the combination of reconstituted milk or reconstituted
skim milk with cream or reconstituted cream, which contains
not less than eleven and five-tenths per cent milk fat.
(l) Whipped cream. Whipped cream is a cream to which
a harmless gas has been added to cause whipping of the
product. It shall also contain sugar, other harmless flavoring,
and a harmless stabilizer.
(m) Concentrated milk. Concentrated milk is a fluid product,
unsterilized and unsweetened, resulting from the removal
of a considerable portion of the water from milk. When recombined
with water, in accordance with instructions printed
on the container, the resulting product conforms with the
standards for milk fat and solids not fat of milk as defined
above.
(n) Concentrated milk products. Concentrated milk products
shall be taken to mean and to include homogenized concentrated
milk, vitamin D concentrated milk, concentrated
skim milk, concentrated flavored milk, concentrated flavored
drink, and similar concentrated products made from concentrated
milk or concentrated skim milk, as the case may be,
and which, when recombined with water in accordance with
instructions printed on the container, conform with the definitions
of the corresponding milk products in this section.
(o) Dry milk. Dry milk is milk from which at least
ninety-five per cent of the water has been removed.
(p) Skim milk. Skim milk is milk from which a sufficient
portion of milk fat has been removed to reduce its milk fat
content to less than three and one-quarter per cent.
(q) Nonfat, fat-free or defatted milk. Nonfat, fat-free or
defatted milk is skim milk which contains not more than one-tenth
per cent milk fat.
(r) Skim-milk solids. Skim-milk solids shall be deemed to
include concentrated skim milk and nonfat dry-milk solids.
(s) Nonfat dry-milk solids. Nonfat dry-milk solids shall
mean nonfat milk from which at least ninety-five per cent of
the water has been removed.
(t) Flavored milk. Flavored milk is a beverage or confection
consisting of milk to which has been added a syrup or
flavor made from wholesome ingredients.
(u) Flavored drink or flavored dairy drink. Flavored
drink or flavored dairy drink is a beverage or confection consisting
of skim milk to which has been added a syrup or flavor
made from wholesome ingredients.
(v) Flavored reconstituted milk. Flavored reconstituted
milk is a flavored milk made from reconstituted milk.
(w) Flavored reconstituted drink or flavored dairy drink.
Flavored reconstituted drink or flavored reconstituted dairy
drink is a flavored drink made from reconstituted skim milk.
(x) Buttermilk. Buttermilk is a fluid product resulting
from the churning of milk or cream. It contains not less
than eight and one-quarter per cent milk solids not fat.
(y) Cultured buttermilk. Cultured buttermilk is a fluid
product resulting from the souring or treatment, by a lactic
acid or other culture, of pasteurized skim milk or pasteurized
reconstituted skim milk. It contains not less than eight and
one-quarter per cent milk solids not fat.
(z) Cultured milk. Cultured milk is a fluid or semifluid
product resulting from the souring or treatment, by a lactic
acid or other culture, of pasteurized milk, pasteurized reconstituted
milk, or pasteurized concentrated milk. It contains
not less than eight and one-quarter per cent milk solids not
fat and not less than three and one-quarter per cent milk fat.
(aa) Vitamin D milk. Vitamin D milk is milk the vitamin
D content of which has been increased by an approved
method to at least 400 U. S. P. units per quart.
(bb) Reconstituted or recombined milk. Reconstituted or
recombined milk is a product which results from the recombining
of milk constituents with water, and which complies
with the standards for milk fat and solids not fat of milk as
defined herein.
(cc) Reconstituted or recombined cream. Reconstituted or
recombined cream is a product which results from the combination
of dry cream, butter or milk fat with cream, milk,
skim milk or water, and which complies with the milk fat
standards of cream as defined herein.
(dd) Reconstituted or recombined skim milk. Reconstituted
or recombined skim milk is a product which results
from the recombining of skim-milk constituents with water,
and which contains not less than eight and one-quarter per
cent milk solids not fat.
(ee) Cottage cheese. Cottage cheese is the soft uncured
cheese prepared from the curd obtained by adding harmless,
lactic-acid-producing bacteria, with or without enzymatic
action, to pasteurized skim milk or pasteurized reconstituted
skim milk. It contains not more than eighty per cent moisture.
(ff) Creamed cottage cheese. Creamed cottage cheese is
the soft uncured cheese which is prepared by mixing cottage
cheese with pasteurized cream or with a pasteurized mixture
of cream and milk or skim milk and which contains not less
than four per cent milk fat by weight and not more than
eighty per cent moisture.
(gg) Homogenized milk. Homogenized milk is milk which
has been treated in such a manner as to insure breakup of
the fat globules to such an extent that, after forty-eight hours
of quiescent storage, no visible cream separation occurs on
the milk, and the fat percentage of the top one hundred milliliters
of milk in a quart bottle, or of proportionate volumes
of containers of other sizes, does not differ by more than ten
per cent of itself from the fat percentage of the remaining
milk as determined after thorough mixing. The word "milk"
shall be interpreted to include homogenized milk.
(hh) Milk products. Milk products shall be taken to mean
and to include cream, sour cream, half and half, reconstituted
half and half, whipping cream, concentrated milk, concentrated
milk products, skim milk, nonfat milk, flavored milk,
flavored drink, flavored reconstituted milk, flavored reconstituted
drink, buttermilk, cultured buttermilk, cultured milk,
vitamin D milk, reconstituted or recombined milk, reconstituted
cream, reconstituted skim milk, cottage cheese, creamed
cottage cheese, and any other product made by the addition
of any substance to milk, or to any of these milk products
and used for similar purposes and designated as a milk product
by the health officer.
(ii) Pasteurization. The terms "pasteurization," "pasteurized,"
and similar terms shall be taken to refer to the process
of heating every particle of milk or milk products to at least
143° Fahrenheit, and holding it at such temperature continuously
for at least thirty minutes, or to at least 161° Fahrenheit,
and holding it at such temperature continuously for at
least fifteen seconds, in approved and properly operated
equipment; provided, that nothing contained in this definition
shall be construed as barring any other process which has
been demonstrated to be equally efficient and which is approved
by the state authority.
(jj) Adulterated and misbranded milk and milk products.
Any milk or cream to which water has been added or any
milk or milk product which contains any unwholesome substance,
of which, if defined in this ordinance does not conform
with its definition, shall be deemed to be adulterated.
Any milk or milk product which carries a grade label, unless
such grade label has been awarded by the health officer and
not revoked, or which fails to conform in any other respect
with the statement on the label, shall be deemed to be misbranded.
(kk) Milk producer. A milk producer is any person who
owns or controls one or more cows, a part or all of the milk
or milk products from which is sold or offered for sale.
(ll) Milk distributor. A milk distributor is any person
who offers for sale or sells to another any milk or milk products
for human consumption as such.
(mm) Producer-distributor. A producer-distributor is a
milk producer who is also a milk distributor.
(nn) Dairy or dairy farm. A dairy or dairy farm is any
place or premises where one or more cows are kept, a part
or all of the milk or milk products from which is sold or
offered for sale.
(oo) Producer dairy. A producer dairy is a dairy farm
which sends milk or cream to a milk plant for processing.
(pp) Milk hauler. A milk hauler is any person, other than
a milk producer or a milk-plant employee, who transports
milk or milk products to or from a milk plant or a collecting
point.
(qq) Milk plant. A milk plant is any place, premises or
establishment where milk or milk products are collected,
handled, processed, stored, pasteurized, bottled or prepared
for distribution, except an establishment where milk or milk
products are sold at retail only.
(rr) Health officer. The health authority of the city or its
authorized representatives.
(ss) Average bacterial plate count, direct miscroscopic
count and cooling temperature. Average bacterial plate count
and average direct microscopic count shall be taken to mean
the logarithmic average, and average cooling temperature
shall be taken to mean the arithmetic average, or the respective
test results of the last four consecutive samples, taken
upon separate days, irrespective of the six-month period referred
to in section 17-6. (Code 1959, § 17-1.)
Sec. 17-2. Sale of adulterated, misbranded or ungraded milk
or milk products prohibited.
No person shall, within the city or its police jurisdiction,
produce, sell, offer or expose for sale, or have in possession
with intent to sell, any milk or milk product which is adulterated,
misbranded or ungraded. It shall be unlawful for any
person, elsewhere than in a private home, to have in possession
any adulterated, misbranded or ungraded milk or milk
product; provided, that in an emergency the sale of ungraded
pasteurized milk products may be authorized by the health
officer, upon the approval of the state authority, in which
case they shall be labeled "ungraded."
Any adulterated, misbranded or improperly labeled milk
or milk products may be impounded by the health officer and
disposed of in accordance with state law. (Code 1959, § 17-2.)
Sec. 17-3. Permits.
It shall be unlawful for any person to bring into, send into
or receive into the city or its police jurisdiction for sale, or
to sell, or offer for sale therein, or to have in storage where
milk or milk products are sold or served, any milk or milk
products defined in this chapter, who does not possess a permit
from the health officer of the city.
Every milk producer, milk hauler, milk distributor and
operator of a milk plant shall secure a permit. Only a person
who complies with the requirements of this chapter shall
be entitled to receive and retain such a permit. Permits shall
not be transferable with respect to persons or locations.
Such a permit may be temporarily suspended by the health
officer upon violation by the holder of any of the terms of this
chapter, or for interference with the health officer in the performance
of his duties, or revoked following serious or repeated
violation, after an opportunity for a hearing by the
health officer and an additional person designated by the city
council. (Code 1959, § 17-3.)
Sec. 17-4. Labeling.
All bottles, cans, packages and other containers enclosing
milk or any milk product defined in section 17-1 shall be
plainly labeled or marked with: (1) The name of the contents
as given in the definitions in this chapter; (2) the word
"reconstituted" or "recombined" if included in the name of
the product as given in the definition; (3) the grade of the
contents; (4) the word "pasteurized" only if the contents
have been pasteurized; (5) the word "raw" only if the contents
are raw; (6) the phrase "for pasteurization" if the
contents are to be pasteurized; (7) the name of the producer
if the contents are raw, and the identity of the plant at which
the contents were pasteurized if the contents are pasteurized;
(8) in the case of vitamin D milk or milk products, the designation
"Vitamin D", the source of the Vitamin D, and the
number of U. S. P. units per quart; (9) in the case of concentrated
milk or milk products, the volume or proportion of
water to be added for recombining; and (10) the words
"skim-milk solids added" and the percentage added if such
solids have been added, except that this requirement shall
not apply to reconstituted or recombined milk or milk products;
provided, that only the identity of the producer dairy
shall be required on cans delivered to a milk plant which
receives only one grade of raw milk for pasteurization and
which immediately dumps, washes and returns the cans to
the producer dairy.
The label, or mark, shall be in letters of an approved size,
kind, and color and shall contain no marks or words which
are misleading.
Homogenized milk or homogenized cream shall not be mixed
with milk, skim milk or cream which has not been homogenized,
unless the product is labeled "homogenized" and conforms
with the standards for homogenization in section 17-1,
(gg). (Code 1959, § 17-4.)
Sec. 17-5. Inspection of dairy farms and milk plants.
Prior to the issuance of a permit and at least once every
six months thereafter, the health officer shall inspect all dairy
farms. All milk plants whose milk or milk products are intended
for consumption within the city or its police jurisdiction
shall be inspected monthly. If the health officer should
discover the violation of any requirement, he shall make a
second inspection after a lapse of such time as he may deem
necessary for the defect to be remedied, but not before the
lapse of three days, and the second inspection shall be used
in determining compliance with the requirements of section
17-7. Any violation of the same requirement of this chapter
on such reinspection shall be justification for immediate degrading,
suspension of permit or court action.
One copy of the inspection report shall be posted by the
health officer in a conspicuous place upon an inside wall of
the milkhouse or milk plant, and such inspection report shall
not be defaced or removed by any person except the health
officer. Another copy of the inspection report shall be filed
with the records of the joint health board.
Every milk producer and distributor shall, upon request of
the health officer, permit him access to all parts of the establishment
and every distributor shall furnish the health officer,
upon his request, for official use only, a true statement of the
actual quantities of milk and milk products of each grade
purchased and sold, together with a list of all sources of such
milk and milk products, records of inspections and tests and
pasteurization time and temperature records. (Code 1959, §
17-5.)
Sec. 17-6. Examination of samples of milk and milk products.
During each six-month period, at least four samples of milk
and cream from each dairy farm and at least four samples
of milk, cream and homogenized milk from each milk plant
shall be taken on separate days and examined by the health
officer; provided, that in the case of raw milk for pasteurization,
the health officer may accept the test results of laboratories
which he has checked periodically and found satisfactory.
Samples of other milk products shall be taken and
examined by the health officer at least once during each six-month
period. Samples may be taken at any time prior to
the final delivery of the milk or milk products. Samples of
milk and milk products from stores, cafes, soda fountains,
restaurants and other places where milk or milk products are
sold shall be examined as often as the health officer may require.
All proprietors of such places shall furnish the health
officer, upon his request, with the names of all distributors
from whom their milk and milk products are obtained. Bacterial
plate counts, direct microscopic counts, coliform determinations,
phosphatase tests, efficiency of bactericidal treatment
and other laboratory and screening tests shall conform
to the procedures in the latest edition of "Standard Methods
for the Examination of Dairy Products" recommended by the
American Public Health Association. Examinations may include
such other chemical and physical determinations as the
health officer may deem necessary for the detection of adulteration.
Bio-assays of the vitamin D content of vitamin D
milk and milk products shall be made when required by the
health officer in a laboratory approved by him for such examinations.
Whenever the average bacterial count or the average cooling
temperature of the last four consecutive samples, taken
on separate days, is beyond the limit for the grade then held,
the health officer shall send written notice thereof to the person
concerned, and shall take an additional sample, but not
before the lapse of three days, for determining a new average
in accordance with section 17-1, subsection (ss). Violation of
the grade requirements by the new average or by any subsequent
average during the remainder of the current six-month
period shall call for immediate degrading, suspension of permit
or court action, unless the last individual result is within
the grade limit.
Whenever more than one of the last four consecutive coliform
counts of samples taken on separate days are beyond
the limit for the grade then held, the health officer shall send
written notice thereof to the person concerned. He shall then
take an additional sample, but not before the lapse of three
days. Immediate degrading, suspension of permit or court
action shall be called for when the grade limit is violated by
such additional samples or when the grade limit is again violated
during the remainder of the current six-month period
by more than one of the last four consecutive samples, unless
the last individual result is within the grade limit.
In case of violation of the phosphatase-test requirement,
the problem cause shall be determined and corrected before
milk and milk products from the plant concerned again can be
sold as pasteurized milk or milk products. (Code 1959, §
17-6.)
Sec. 17-7. Grading of milk and milk products.
At least once every six months, the health officer shall
announce the grades of all milk and milk products delivered
by all distributors and ultimately consumed within the city
or its police jurisdiction.
Grades shall be based on the following standards, the grading
of milk products being identical with the grading of milk,
except that the bacterial-count standards shall be doubled in
the case of cream and half and half and shall be omitted in
the case of sour cream, buttermilk, cultured buttermilk, cultured
milk, cottage cheese and creamed cottage cheese. Vitamin
D milk shall be only grade A pasteurized, grade B pasteurized
or certified pasteurized quality. The grade of a
milk product shall be that of the lowest grade of milk or milk
product used in its preparation. (Code 1959, § 17-7.)
Sec. 17-8. Certified milk, raw.
Certified milk, raw, is raw milk which conforms with the
requirements of the American Association of Medical Milk
Commissions in force on October 17, 1956, and which is
produced under the supervision of a medical milk commission
reporting monthly to the health officer and of the state health
authority or the health officer. (Code 1959, § 17-8.)
Sec. 17-9. Grade A raw milk.
Grade "A" raw milk for direct sale to consumer is defined
to be raw milk, the everage bacterial plate count of which,
as determined under sections 17-1, subsection (ss), and 17-6,
does not exceed 50,000 per cubic centimeter, or the average direct
microscopic count of which does not exceed 50,000 per
cubic centimeter if clumps are counted, or 200,000 per cubic
centimeter if individual organisms are counted, or the average
reduction time of which is not less than eight hours, and is
produced by a dairy which conforms with the following items
of sanitation.
Grade A raw milk for pasteurization is defined to be raw
milk from producer dairies conforming with the following
items of sanitation. The bacterial plate count or the direct
microscopic clump count of the milk, as delivered from the
farm, shall not exceed 100,000 per milliliter, as determined
in accordance with section 17-6.
(1r) Cows, health. All milk for pasteurization shall be
from herds that have passed an annual tuberculin test. All
additions to such herds shall be free from tuberculosis. The
tests and retests shall be made and any reactors disposed of,
in accordance with the latest requirements approved by the
Bureau of Animal Industry, United States Department of
Agriculture, for tuberculosis-free, accredited herds, in effect
on October 17, 1956. A certificate identifying each animal,
signed by the veterinarian or attested to by the health officer,
and filed as directed by the health officer, shall be evidence
of the above test.
All milk and milk products for pasteurization shall be from
herds certified by the state livestock sanitary authority as
following either plan A or plan B approved by the BAI for
the eradication of brucellosis. Evidence of this certification
shall be filed as directed by the health officer. All additions
to the herd shall be brucellosis-free. Tests and retests shall
be made, and any reactors disposed of, in accordance with
the latest requirements approved by the BAI, USDA, in effect
on October 17, 1956. A certificate identifying each animal,
signed by the veterinarian and the director of the laboratory
making the test, and filed as directed by the health officer,
shall be evidence of the above test.
Cows which show a complete induration of one quarter or
extensive induration in one or more quarters of the udder
upon physical examination, whether secreting abnormal milk
or not, shall be permanently excluded from the milking herd;
provided, that this shall not apply in the case of a quarter
that is completely dry. Cows giving bloody, stringy or otherwise
abnormal milk, but without entire or extensive induration
of the udder, shall be excluded from the herd until reexamination
shows that the milk has become normal.
For other diseases, such tests and examinations as the
health officer may require after consultation with state livestock
sanitary officials shall be made at intervals and by
methods prescribed by him, and any diseased animals or reactors
shall be disposed of as he may require.
(2r) Milking barn, lighting. A milking barn, stable or
parlor shall be provided. It shall be provided with adequate
light, properly distributed, for both day and night milking.
(3r) Milking barn, air space and ventilation. Such sections
of the milking barn, stable or parlor, where cows are
kept or milked, shall be well ventilated, and shall be so arranged
as to avoid overcrowding.
(4r) Milking barn, floors and animals. The floors and
gutters of that portion of the barn, stable or parlor, in which
cows are milked, shall be constructed of concrete, or other
approved, impervious and easily cleaned material. Floors
and gutters shall be graded so as to drain properly and shall
be kept clean and in good repair. No swine, horses or fowl
shall be permitted in the milking barn, stable or parlor.
(5r) Milking barn, walls and ceilings. The interior walls
and ceilings of the milking barn shall be smooth, shall be
painted as often as may be necessary or finished in an approved
manner and shall be kept clean and in good repair.
In case there is a second story above the milking barn, the
ceiling shall be tight and smooth. If feed is ground or mixed,
or sweet feed is stored in a feed room or feed storage space
adjoining the milking space, it shall be separated therefrom
by a dust-tight partition and door. No feed shall be stored
in the milking portion of the barn. In new construction, the
joists or rafters that form the ceiling of all barns, and the
studding in the walls of frame buildings shall be covered with
a smooth surface material, i. e., asbestos board, T & G wood
boards, gypsum board, plaster, metal, that can be easily
washed or painted. Masonry and concrete walls shall be
reasonably smooth to facilitate cleaning and painting. All
milking barns or parlors constructed after January 1, 1953,
shall be constructed according to approved plans.
(6r) Cow yard. The cow yard shall be graded and drained
as well as practicable and so kept that there are no standing
pools of water nor accumulation of organic wastes. Swine
shall be kept out and not permitted nearer than one hundred
feet from barn or milkhouse. Entrance lanes and cow holding
pens adjacent to the milking barn or parlor and milkhouse,
and not under cover and properly bedded, shall be
paved with concrete or other impervious material, unless
other satisfactory means are used to prevent development of
muddy conditions. Cows shall not be permitted in area adjacent
to the milking barn or milkhouse except on entrance
lane, i. e., holding pen for milking barn or parlor only; provided,
that in loafing or pen-type barn manure droppings
shall be removed or clean bedding added at sufficiently frequent
intervals to prevent the accumulation of manure on
cows' udders and flanks.
(7r) Manure disposal. All manure shall be removed to a
distance of fifty feet from milking barn and milkhouse and
stored or disposed of in such manner as best to prevent the
breeding of flies therein and the access of cows to piles
thereof.
(8r) Milkhouse or room, construction and equipment.
(a) There shall be provided a milkhouse or milk room in
which the cooling, handling and storing of milk and milk
products and the washing, bactericidal treatment and storing
of milk containers and utensils shall be done. The milkhouse
or room shall be provided with a tight floor constructed of
concrete or other impervious material, in good repair, and
graded to provide proper drainage to be trapped drain.
(b) It shall have the walls and ceiling of such construction
as to permit easy cleaning, and shall be well painted or
finished in an approved manner.
(c) It shall have all openings effectively screened, including
outward-opening, self-closing doors, unless other effective
means are provided to prevent the entrance of flies.
(d) It shall be used for no purposes other than those specified
above; shall not open directly into a stable or into any
room used for domestic purposes; shall have water piped into
it; shall be provided with adequate facilities for the heating
of water for the cleaning of utensils; shall be equipped with
two-compartment stationary wash and rinse vats, except that
in the case of retail raw milk, if chlorine is employed as the
principal bactericidal treatment, the three-compartment type
must be used; and shall be partitioned to separate the handling
of milk and the storage of cleansed utensils from the
cleaning and other operations, which shall be so located and
conducted as to prevent any contamination of the milk or of
cleaned equipment.
All milkhouses constructed after January 1, 1953, shall be
constructed according to approved plans.
(9r) Milkhouses or room, cleanliness and flies. The floors,
windows, walls, ceilings and equipment of the milkhouse or
room shall be kept clean at all times. All means necessary
for the elimination of flies shall be used.
(10r) Toilet. Every dairy farm shall be provided with
one or more sanitary toilets, conveniently located, and properly
constructed, operated and maintained, so that the waste
is inaccessible to flies, and does not pollute the surface soil
nor contaminate any water supply.
(11r) Water supply. Water for all dairy purposes shall
be from a supply properly located, protected and operated,
and shall be easily accessible, adequate and of a safe, sanitary
quality.
(12r) Utensils, construction. All multi-use containers,
equipment and other utensils used in the handling, storage
or transportation of milk or milk products shall be made of
smooth, nonabsorbent, noncorrodible, nontoxic material, shall
be so constructed as to be easily cleaned, and shall be kept
in good repair. Joints and seams shall be welded or soldered
flush. Woven-wire cloth shall not be used for straining milk.
When milk is strained, strainer pads shall be used and shall
not be re-used. All milk pails obtained hereafter shall be of
the seamless, hooded type. All single-service articles used
shall have been manufactured, packaged, transported and
handled in a sanitary manner.
(13r) Utensils, cleaning. All multi-use containers, equipment
and other utensils used in the handling, storage or
transportation of milk and milk products shall be thoroughly
cleaned after each usage.
(14r) Utensils, bactericidal treatment. All multi-use containers,
equipment and other utensils used in the handling,
storage or transportation of milk or milk products shall,
before each usage, be subjected effectively to an approved
bactericidal process utilizing steam, hot water, chemicals or
hot air.
(15r) Utensils, storage. All containers and other utensils
used in the handling, storage or transportation of milk or
milk products, unless stored in bactericidal solutions, shall be
stored so as to drain dry and so as not to become contaminated
before being used.
(16r) Utensils, handling. After bactericidal treatment,
containers and other milk and milk-product utensils shall be
handled in such manner as to prevent contamination of any
surface with which milk or milk products come into contact.
(17r) Milking, udders and teats and abnormal milk. Milking
shall be done in the milking barn or parlor. The udders
and teats of all milking cows shall be clean and wiped with
an approved bactericidal solution at the time of milking. Abnormal
milk shall be kept out of the milk supply and shall
be so handled and disposed of as to preclude the infection of
the cows and the contamination of milk utensils.
(18r) Milking, flanks. The flanks, bellies and tails of all
milking cows shall be free from visible dirt at the time of
milking, and the hind legs, flanks and udders shall be clipped
so that the hair is kept short at all times. All brushing shall
be completed before milking commences.
(19r) Milkers' hands. Milkers' hands shall be washed
clean, rinsed with an effective bactericidal solution, and dried
with a clean towel, immediately before milking and immediately
after any interruption in the milking operation. Wet-hand
milking is prohibited. Convenient facilities shall be provided
for the washing of milkers' hands. No person with an
infected cut or lesion on hands or arms shall milk cows or
handle milk or milk utensils.
(20r) Clean clothing. Milkers and milk handlers shall
wear clean outer garments while milking or handling milk,
milk products, containers, utensils or equipment.
(21r) Milk stools. Milk stools and surcingles shall be kept
clean.
(22r) Removal of milk. Each pail or can of milk shall be
removed immediately to the milkhouse or straining room.
No milk shall be strained or poured in the barn, unless it is
protected from flies and other contamination.
(23r) Cooling. Milk for pasteurization shall be cooled immediately
to fifty degrees Fahrenheit or less and shall be
maintained at that temperature as determined in accordance
with section 17-6, until delivered.
(24r) Vehicles and surroundings. All vehicles used for
the transportation of milk or milk products shall be constructed
and operated so as to protect their contents from the
sun, from freezing and from contamination.
The immediate surroundings of the dairy shall be kept in
a clean, neat condition. (Code 1959, § 17-9.)
Sec. 17-10. Grade B raw milk for pasteurization.
Grade B raw milk for pasteurization is raw milk which
does not meet the bacterial standard for grade A raw milk for
pasteurization, but which conforms with all other requirements.
The bacterial plate count or the direct miscroscopic
clump count of the milk, as delivered from the farm, shall not
exceed 1,000,000 per milliliter, as determined in accordance
with section 17-6. (Code 1959, § 17-10.)
Sec. 17-11. Grade C raw milk for pasteurization.
Grade C raw milk for pasteurization is raw milk which
does not meet the requirements for grade B raw milk for
pasteurization. (Code 1959, § 17-11.)
Sec. 17-12. Certified milk, pasteurized.
Certified milk, pasteurized, is certified milk, raw, which
has been pasteurized, cooled, and bottled in a milk plant which
conforms with the requirements for grade A pasteurized milk.
(Code 1959, § 17-12.)
Sec. 17-13. Grade A pasteurized milk.
Grade A pasteurized milk is grade A raw milk for pasteurization
which has been pasteurized, cooled and placed in
the final container in a milk plant which conforms with the
items of sanitation described below. In all cases the milk
shall show efficient pasteurization as evidenced by satisfactory
phosphatase test, and at no time after pasteurization
and before delivery shall the milk have a bacterial plate count
exceeding 30,000 per milliliter, or a coliform count exceeding
10 per milliliter, as determined in accordance with section
17-6; provided, that the raw milk at no time between dumping
and pasteurization shall have a bacterial plate count or
direct microscopic clump count exceeding 200,000 per milliliter.
The grading of pasteurized milk supply shall include the
inspection of receiving and collecting stations with respect to
compliance with items (1p) to (15p), inclusive, and (17p),
(19p), (21p), (22p) and (23p), except that the partitioning
requirement of item (5p) shall not apply.
(1p) Floors. The floors of all rooms in which milk or milk
products are handled or stored or in which milk utensils are
washed shall be constructed of concrete or other equally impervious
and easily cleaned material and shall be smooth,
properly drained, provided with trapped drains and kept clean
and in good repair.
(2p) Walls and ceilings. Walls and ceilings of rooms in
which milk or milk products are handled or stored or in which
milk utensils are washed shall have a smooth, washable, light-colored
surface and shall be kept clean and in good repair.
(3p) Doors and windows. Unless other effective means are
provided to prevent the access of flies, all openings to the
outer air shall be effectively screened and all doors shall be
self-closing.
(4p) Lighting and ventilation. All rooms shall be well
lighted and well ventilated.
(5p) Miscellaneous protection from contamination. The
various milk plant operations shall be located and conducted
so as to prevent any contamination of the milk or of cleaned
equipment. All necessary means shall be used for the elimination
of flies, other insects and rodents. There shall be
separate rooms for: (a) The pasteurizing, processing, cooling
and bottling operations, and (b) the washing and bactericidal
treatment of containers. Cans of raw milk shall not be
unloaded directly into the pasteurizing room. Rooms in which
milk, milk products, cleaned utensils or containers are handled
and stored shall not open directly into any stable or living
quarters. The pasteurization plant, milk containers, utensils
and equipment shall be used for no purposes other than
the processing of milk and milk products and the operations
incident thereto, except as may be approved by the health
officer.
(6p) Toilet facilities. Every milk plant shall be provided
with toilet facilities conforming with the ordinances of the
city. Toilet rooms shall not open directly into any room in
which milk, milk products, equipment or containers are handled
or stored. The doors of all toilet rooms shall be self-closing.
Toilet rooms shall be kept in a clean condition, in
good repair and well ventilated. A sign directing employees
to wash their hands before returning to work shall be posted
in all toilet rooms used by employees. Where privies or earth
closets are permitted and used they shall be separate from
the building and shall be of sanitary type, located, constructed
and operated in conformity with the requirements of item
(10r).
(7p) Water supply. The water supply shall be easily accessible,
adequate and of a safe, sanitary quality.
(8p) Hand-washing facilities. Convenient hand-washing
facilities shall be provided, including hot and cold running
water, soap and approved sanitary towels. Hand-washing
facilities shall be kept clean. The use of a common towel is
prohibited. No employees shall resume work after using the
toilet room without having washed their hands.
(9p) Sanitary piping. All piping used to conduct milk or
milk products shall be "sanitary milk piping" of a type which
can be easily cleaned. Pasteurized milk and milk products
shall be conducted from one piece of equipment to another
only through sanitary milk piping.
(10p) Construction and repair of containers and equipment.
All multi-use containers and equipment with which
milk or milk products come into contact shall be of smooth,
impervious, noncorrodible, nontoxic material, shall be so constructed
and so located as to be easily cleaned and shall be
kept in good repair. All single-service containers, closures,
gaskets and other articles used shall have been manufactured,
packaged, transported and handled in a sanitary manner.
(11p) Disposal of wastes. All wastes shall be properly disposed
of. All plumbing and equipment shall be so designed
and so installed as to prevent contamination of milk equipment
by backflow.
(12p) Cleaning and bactericidal treatment of containers
and equipment. All milk and milk product containers and
equipment, except single-service containers, shall be thoroughly
cleaned after each usage. All such containers shall
be subjected effectively to an approved bactericidal process
before each usage. When empty, and before being returned
to a producer by a milk plant, each container shall be thoroughly
cleaned and subjected to an effective, approved bactericidal
process.
(13p) Storage of containers and equipment. After bactericidal
treatment, all bottles, cans and other multi-use milk
or milk product containers and equipment shall be transported
and stored in such a manner as to be protected from contamination.
(14p) Handling of containers and equipment. Between
bactericidal treatment and usage, containers and equipment
shall not be handled or operated in such a manner as to permit
contamination of the milk. Pasteurized milk or milk
products shall not be permitted to come into contact with
equipment with which unpasteurized milk or milk products
have been in contact, unless the equipment has first been
thoroughly cleaned and effectively subjected to an approved
bactericidal process. No milk or milk products shall be permitted
to come into contact with equipment with which ungraded
or a lower grade of milk or milk products has been
in contact, unless the equipment has first been thoroughly
cleaned and effectively subjected to an approved bactericidal
process.
(15p) Storage of caps, parchment paper and single-service
containers. Milk bottle caps or cap stock, parchment paper
for milk cans, single-service containers and gaskets shall be
purchased and stored only in sanitary tubes, wrappings or
cartons, shall be kept therein in a clean, dry place until used
and shall be handled in a sanitary manner.
(16p) Pasteurization. Pasteurization shall be performed
as described in section 17-1, subsection (ii).
(17p) Cooling. All milk and milk products received for
pasteurization shall be cooled immediately in approved equipment
to fifty degrees Fahrenheit or less and shall be maintained
at that temperature until pasteurized, unless they are
pasteurized within two hours after receipt; and all pasteurized
milk and milk products, except those to be cultured, shall be
cooled immediately in approved equipment to a temperature
of fifty degrees Fahrenheit or less, and shall be maintained
thereat until delivery, as determined in accordance with section
17-6.
(18p) Bottling and packaging. Bottling and packaging of
milk and milk products shall be done at the place of pasteurization
in approved mechanical equipment.
(19p) Overflow milk. Overflow milk or milk products shall
not be sold for human consumption.
(20p) Capping. Capping of milk and milk products shall
be done in a sanitary manner by approved mechanical equipment.
Hand capping is prohibited. The cap or cover shall
protect the pouring lip to at least its largest diameter.
(21p) Personnel, health. The health officer or a physician
authorized by him shall examine and take a careful morbidity
history of each person connected with a pasteurization
plant, or about to be employed by one, whose work will bring
him into contact with the processing, handling, storage or
transportation of milk, milk products, containers or equipment.
If such examination or history should suggest that
such person may be a carrier of, or infected with, the organisms
of typhoid or paratyphoid fever or any other communicable
disease likely to be transmitted through milk, he shall
secure appropriate specimens of body discharges and cause
them to be examined in a laboratory approved by him or by
the state health authorities for such examination, and, if the
results justify, such persons shall be barred from such employment.
Such persons shall furnish such information, submit to
such physical examination, and submit such laboratory specimens
as the health officer may require for the purpose of
determining freedom from infection.
No person with an infected cut or lesion on hands or arms
shall handle milk, milk products, milk containers or milk
equipment.
(22p) Personnel, cleanliness. All persons who come into
contact with milk, milk products, containers or equipment
shall wear clean outer garments and shall keep their hands
clean at all times while engaged in such work.
(23p) Vehicles. All vehicles used for the transportation
of milk or milk products shall be constructed and operated
so as to protect their contents from the sun, from freezing
and from contamination. All vehicles used for the distribution
of milk or milk products shall have the name of the distributor
prominently displayed thereon.
Milk tank cars and tank trucks shall comply with the construction,
cleaning, bactericidal treatment, storage and handling
requirements of items (5p), (10p), (12p), (13p) and
(14p). While containing milk, cream or milk products, they
shall be sealed and labeled in an approved manner. For each
tank shipment, a bill of lading containing all necessary information
shall be prepared in triplicate, and shall be kept
on file by the shipper, the consignee, and the carrier for a
period of six months for the information of the health officer.
(Code 1959, § 17-13.)
Sec. 17-14. Grade B pasteurized milk.
Grade B pasteurized milk is pasteurized milk which does
not meet the bacterial-count standard for grade A pasteurized
milk or the provision of lip-cover caps of item (20p) or
the requirement that grade A raw milk for pasteurization to
be used, but which conforms with all other requirements for
grade A pasteurized milk and has been made from raw milk
for pasteurization of not less than grade B quality, and has
a bacterial plate count after pasteurization and before delivery
not exceeding 50,000 per milliliter as determined in
accordance with section 17-6. (Code 1959, § 17-14.)
Sec. 17-15. Grade C pasteurized milk.
Grade C pasteurized milk is pasteurized milk which does
not meet the requirements for grade B pasteurized milk. (Code
1959, § 17-15.)
Sec. 17-16. Grades of milk and milk products which may be
sold.
No milk or milk products shall be sold to the final consumer
or to restaurants, soda fountains, grocery stores or similar
establishments, except certified pasteurized and grade A pasteurized;
provided, that any distributor holding a permit to
distribute grade A raw milk on October 17, 1956, may continue
to sell such raw milk to the ultimate consumer until
such time as this ordinance may be amended so as to prohibit
such sale of raw milk; provided further, that when any
milk distributor fails to qualify for one of the above grades,
the health officer is authorized to suspend his permit or to
institute court action, or, in lieu thereof, to degrade his product
and to permit its sale during a temporary period not exceeding
thirty days or in emergencies such longer period as
he may deem necessary. (Code 1959, § 17-16.)
Sec. 17-17. Supplementary regrading; reinstatement of permit.
If at any time between regular announcements of the
grades of milk or milk products, a lower grade shall become
justified, in accordance with sections 17-5, 17-6 or 17-7, the
health officer shall immediately lower the grade of such milk
or milk products, and shall enforce proper labeling thereof.
Any producer or distributor of milk or milk products the
grade of which has been lowered by the health officer, and
who is properly labeling his milk and milk products, or whose
permit has been suspended at any time may make application
for the regrading of his products or the reinstatement of his
permit.
Upon receipt of a satisfactory application for regrading or
reinstatement of permit based on correction of a violation of
any bacteriological or cooling-temperature standard, the
health officer shall take further samples at the rate of not
more than two per week and shall approve the application
upon compliance with the grade requirements as determined
in accordance with section 17-6; provided, that if samples are
not available because of suspension of permit to operate, or
for other reasons, the health officer may issue a temporary
permit upon satisfying himself, by inspection of the facilities
and operating methods, that the conditions responsible for
the violation have been corrected, with final reinstatement of
permit conditional upon subsequent bacteriological or temperature
findings.
In case the lowered grade of the applicant's product or the
permit suspension has been due to a violation of an item other
than bacteriological standards or cooling temperature, the
application shall be accompanied by a statement, signed by
the applicant, to the effect that the violated item of the specifications
has been corrected. Within one week of the receipt
of such an application and statement, the health officer shall
make a reinspection of the applicant's establishment and
thereafter as many additional reinspections as he may deem
necessary to assure himself that the applicant is again complying
with the higher grade requirements, and, in case the
findings justify, shall regrade the milk or milk products upward
or reinstate the permit. (Code 1959, § 17-17.)
Sec. 17-18. Transferring or dipping milk; delivery containers;
cooling; quarantined residences.
Except as permitted in this section, no milk producer or
distributor shall transfer milk or milk products from one container
to another on the street or in any vehicle or store or
any place except a bottling or milkroom especially used for
that purpose. The sale of dip milk is hereby prohibited.
Milk and fluid-milk products sold in the distributor's containers
in quantities of one gallon or less shall be delivered in
standard milk bottles or in single-service containers. It shall
be unlawful for hotels, soda fountains, restaurants, groceries
and similar establishments to sell or serve any milk or fluid-milk
products except in the individual, original container in
which it was received from the distributor, or from a bulk
container equipped with an approved dispensing device; provided,
that this requirement shall not apply to cream, whipped
cream or half and half which is consumed on the premises
and which may be served from the original bottle or from a
dispenser approved for such service, nor to milk served at
hospitals and institutions, which may be served with one-quart
containers packaged at a milk plant, nor to mixed milk
drinks requiring less than one-half pint of milk, which may
be poured from one-quart or two-quart containers packaged
at a milk plant.
It shall be unlawful for any hotel, soda fountain, restaurant,
grocery, hospital or similar establishment to sell or
serve any milk or milk product which has not been maintained,
while in its possession, at a temperature of fifty degrees
Fahrenheit or less. If containers of milk or milk products
are stored in water for cooling, the pouring lips of the
containers shall not be submerged.
It shall be the duty of all persons to whom milk or milk
products are delivered to clean thoroughly the containers in
which such milk or milk products are delivered before returning
such containers.
The delivery of milk or milk products to, and the collection
of milk or milk-product containers from, residences in which
cases of communicable disease transmissible through milk
supplies exist, shall be subject to the special requirements of
the joint health board. (Code 1959, § 17-18.)
Sec. 17-19. Milk and milk products from points beyond the
limits of routine inspection of the city.
Milk and milk products from points beyond the limits of
routine inspection of the city may not be sold in the city, or
its police jurisdiction, unless produced or pasteurized under
provisions which are substantially equivalent to the requirements
of this chapter, and which are enforced with equal
effectiveness, as determined by a milk-sanitation rating. Such
rating shall be made as prescribed in U. S. Public Health
Service bulletin covering ratings. (Code 1959, § 17-19.)
Sec. 17-20. Future dairies and milk plants.
All dairies and milk plants from which milk or milk products
are supplied to the city which are hereafter constructed,
reconstructed or extensively altered shall conform in their
construction to the grade A requirements of this chapter.
Properly prepared plans for all dairies and milk plants, which
are hereafter constructed, reconstructed or extensively altered,
shall be submitted to the joint health board for approval
before work is begun. In the case of milk plants, signed approval
shall be obtained from the joint health board. (Code
1959, § 17-20.)
Sec. 17-21. Notification of disease.
No person with any disease in a communicable form, or
who is a carrier of such disease, shall work at any dairy farm
or milk plant in any capacity which brings him into contact
with the production, handling, storage or transportation of
milk, milk products, containers or equipment and no dairy
farm or milk plant shall employ in any such capacity any
such person or any person suspected of having any disease
in a communicable form or of being a carrier of such disease.
Any producer or distributor of milk or milk products upon
whose dairy farm, or in whose milk plant, any communicable
disease occurs, or who suspects that any employee has contracted
any disease in a communicable form or has become a
carrier of such disease, shall notify the joint health board immediately.
A placard containing these requirements shall be
posted at dairy farms and milk plants. (Code 1959, § 17-2.)
Sec. 17-22. Procedure when infection suspected.
When reasonable cause exists to suspect the possibility of
transmission of infection from any person concerned with the
handling of milk or milk products, the health officer is authorized
to require any or all of the following measures:
(1) The immediate exclusion of that person for milk handling;
(2) the immediate exclusion of the milk supply concerned
from distribution and use; (3) adequate medical and
bacteriological examination of the person, of his associates
and of his and their body discharges. (Code 1959, § 17-22.)
Sec. 17-23. Enforcement interpretation.
This ordinance shall be enforced by the health officer in
accordance with the interpretations thereof contained in Milk
Code—1953 Recommendations of the Public Health Service,
a certified copy of which shall be kept on file in the office of the
clerk of the council. (Code 1959, § 17-23.)
Sec. 17-24. Agreement between joint health department and
state department of agriculture.
The joint health board is hereby authorized to permit the
joint health director to enter into an agreement between the
joint health department and the state commissioner of agriculture,
whereby the state department of agriculture is responsible
for carrying out the activities and procedures related
to the supervision and inspection of milk production and
raw milk distribution and the control procedures related thereto,
and the joint health department is responsible for carrying
out the activities and procedures related to the supervision and
inspection of milk processing and milk products processing
and distribution for consumption and the control procedures
related thereto, as may be more fully set forth in such agreement.
So long as such an agreement is in force, the provisions
of the agreement shall take precedence over any other section
of this chapter to the contrary notwithstanding. (10-3-60.)
