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HomeMy WebLinkAboutOrdinance - 522-1934 - Regulating The Sale Of Milk And Providing Issuance And Revoking Of Permits - 09/27/1934.. 09-Z'f-,~3Lf ORDINANCE NO. 522. I0-25-1.934- sTANDARD MILK ORDINANCE. An Ordinance regulating the sale of milk and providing for the issuance and revoking of permits for the sale of milk; defining miabradding; providing for the regular inspection of dairies and milk plants; authorizing the locaVhealth officer to promulgate rules and regulations as he may deem necessary; providing for the adoption of the Standard Milk Ordinance for the grading and labeling of the milK; providing for the enforcement of this ordinance and fixing a penalty, and repealing all milk ordinances as heretofore passed. BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF LUBBOCK, TEXAS: Section 1. The regulation of the sale of milk within the City of Lubbock, Texas, is hereby declared necessary and expident for the promotion of health and suppression of disease within the said City. Section 2. The City Health Officer of said city or his representative, is hereby authorized to issue permits to any person, firm, or corporation, or association of persons making application therefor, authorizing the sale of milk within the limits of said City. The health officer is hereby vested with power and authority, and it is hereby made his duty upon the filing of an application for a permit for the sale of milk to ascertain and determine, and under such rules and regutations as he may promulgate, the fitness and ability of the applicant to furnish and sell pure and wholesome milk under proper sanitary conditions, and if be finds that any applicant for a permit for the sale of milk is fit and able to furnish and sell milk, as aforesaid, he shall grant the application and issue a permit. The City Health Officer is further authorized to make such rules. orders~ and regulations as be deems necessary for the proper pro4uction, handling and sale of milk, applying the current requirements a the United State Public Health Service Milk Ordinance as his guide, and he is further authorized, and it is hereby made his duty to provide £9r the grading of the equipment and for the grading and labeling of the milk, to be sold under the permits herein provided for; provided said officer shall have authority to grade such equipment and milk according to the current requirements of the United State Public Health Service Standard Milk Ordinance with the assistance of the State Health Officer or his authorized representative. A full and complete copy of said ordinance is on file in the office of the City Clerk of this City where it may be inspected. Section 3. No person, firm, association or corporation shall within the City of Lubbock sell. offer or expose for sale, or have in his possession with intent to seil, any milk or milk products which are adulterated or misbradded. Any substance claimed to be any milk or milk product defined in the United States Public Health Service Milk Ordinance but not conforming with its definition shall be deemed adulterated and misbranded. The use of the work "Pasteurized" on the label unless the milk or milk products has been pasteurized and the use of the Grade letter "A 11 unless such grade letter has been authorized and awarded by the City and State Health Officers or their representatives according to the Grade 11A11 requirements of the Standard Milk Ordinance and has not been cancelled, shall be deemed miabradded. Section 4. The City Health Officer at any time after three days notice to a holder of a permit, and after a hearing before said officer, at which hearing it shall be proved to the satisfaction of such officer that a permit holder has failed, or refused, or neglected to obey any rule, regulation, or order of the Health Officer concerning the production, labeling, handling, or sale of milk, such officer may suspend or revoke any permit issued . Section 5. In the event the Health Officer refuses a permit to an applicant. or a permit is suspended or revoked by said officer. the applicant whose permit is refused. or the bolder of a permit which bas been revoked or suspended shall have the right of appeal to the City Commission by filing a written appeal with said Commission within five days from the date of refusal to grant said permit, or the revocation or suspension of said permit by the City Health Officer. The City Commission, after a hearing at a time to be set by said Commission shall either affirm, modify or otherwise change the action of the City Health Officer, and may in the event the action of the officer is not affirmed, give such instructions as it may deem necessary to the City Health Officer, who shall carry out such instructions as given by the City Council; provided that pending action on the appeal herein, a permit which has been suspended or revoked shall be considered as suspended or revoked, and the holder shall not have any right thereunder, unless the action of the City Health Officer is changed. If a permit is revoked because of the unauthorized use of the grade "A" label or for the violation of Section 3 of this Ordinance, such revocation shall not be included in this appeal, but may be submitted to the State Health Officer or his representative. Section 6. Each permit issued by the city Health Officer shall be numbered and dated, and shall expire at midnight December 31st following its date. Section 7. No permit herein authorized shall be assignable or transferrable. Section 8. Any person, firm, corporation or association of persons who shall sell or poseess for the purpose of sale any milk within the City of Lubbock, without having a permit authorizing the sale of same, issued by the City Health Officer of the City of Lubbock, Texas, or who shall sell or posses for the purpose of sale any milk after a permit has been revoked or suspended shall be fined in a sum not exceeding One Hundred Dollars, and each separate sale, or possession for sale, shall constitute a separate offense. Or whoever shall violate Seetion 3 of this Ordinance shall be fined in accordance with the penalty provided in the Texas Food and Brua Act for Adulteration and Misbranding. Section 9. Nothing in this ordinance shall affect or apply to any retail merchant, restaurants, or other persons selling milk at retail in the original containers, which milk has been purchased from any holder of a permit, as herein provided for, authorizing the sale of Milk, except as to placarding, cooling, and sanitary handling of the milk while in their possession. Section 10. The dairy and milk inspector shall be an agricultawal college graduate or shall have at least attended such an institution, or institutions of similar rank, long enough to have acquired a working knowledge of dairy sanitarion, bacteriology and chemistry. Section 11, Every person, firm or copporation selling, or transporting milk or milk products in the City of Lubbock shall be subject to inspection, and before selling or delivering milk or milk products in the City of Lubbock, shall apply to and secure from the City Health Officer a written permit to engage in such business in the City of Lubbock for a period of one year thereafter, provided there be paid to the City of Lubbock in advance for such permit for such year a license fee gradualed as follows: (a) Annual license fee for the sale or delivery of milk or milk products by milk plant, $30.00. (b) Annual license fee for sale or delivery of milk or milk products acquired from or produced or delivered by each~iry a minimum fee of $3.00 plus $2.00 per cow, heifer or bull up to and including ten head, and plus $1.00 per head for each such animal in addition to said ten head, provided that in no case shall the maximum fee exceed $30.00 for any one dairy. (c) An annual license fee of $2.00 for sale or delivery of milk or milk products by any other distributor, retailer or dealer. Section 12. Any person, firm or corporation failing or refusing to comply with foregoing provision or provisions shall be guilty of a violation hereof, and shall be fined in any sum not exceeding $100.00, and in addition permit may be revoked by the City Health Officer or City Commission. Passed and approved first reading by the City Commission of the City of Lubbock, Texas, this 27th day of September, 1934. Passed and approved second reading by the City Commission of the City of Lubbock, Texas, this the 25th day of October, 1934. ATTEST: /s/ W. 0. Stevens City Secretary. Is/ Ross Edwards Mayor.