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Home My WebLink AboutOrdinance - 672-1941 - Defining Milk And Milk Products. - 07/25/1941.. 0';/--2 s -t.9L+I ORDINANCE 110. 6'12 08-ILf -1~4'1 I ~I .Ul ORDINANCE Dl7iNIRG "~~ILK" AND CERTAIN "MILK PRODOC'rS". "MILK PRODUCERS", "PASTEURIZATION", AND VARIOUS OTHER TERMS COMMON 'ro '!'HE PRODOOTION, SALE, AND MANUl'AOTORE o:r MILK AND MIIJt PROWCTS, PROHIBITING THE SAL'! OF ADULTERATED AND MIS:BRANDED IIIlrX AND IIIIJC PRODUCTS AND FIXING A FEE TBERil'OR, RBGULM'DlG THE INSPECTION OP DAIH!' FARMS AND :MILK PLANTS, PBOVIDING POR 'l'BE EXAJIINATION, GRADDO, LA.BB:LmG, PLA.CARDIN(!, PASTEURIZATION, REGRADING, DISTRIBUTION, AND SAlE o·F :MILK AND MILK PRODUCTS, PRO VI Dim l'OR TBE PUBLICATION O:r MILK GRADES, ·THE CONSTRUCTION 011' I'U'l'UR! DAIRIES AND KIIJC PLANTS, PROVIDllC FOR THE ENFORCEJJENT 0!' THIS ORDINANCE AND FIXING A PENALi'Y FOR A VIOLATION TBEREQPI AND PROVIDING AN UNCONSTI'l'OTIONALI'l'f CI.AUSE. BE IT ORDAINED BY THE CITY COMMISSION OF mE CI'l'Y Ol LUBBOCK AS :ro LLOWS: Section 1. DEFINITIONS * The following definitions shall appl7 in the interpretation and the enforcement ot this Ordinance. a. MILK. Milk 1s bereb7 defined to be the lacteal se- cretion obtained by the complete lllllking ot one ·or more health7 · cows, excluding that obtained within 15 days before and 5 days after calv- ing or such longer period as mar be necessary to render the milk practically colostrUJD. tree; Which contains not less than ~ of milk solids not tat, and not less than 3 1/4~ ot milk tat. b. MILK FAT OR BUI'TERFAT. Milk tat or butterfat is the tat ot milk. o. CREAM .AND SOUR CREAM. Cream is a portion o:r milk which contains not less than 1~ milk tat. Sour cream is cream. the acidity ot which is more than 0.20 per cent, expressed as lactic acid. d. SKIMMED MILK. Skimmed milk is milk trom which a sufficient portion ot milk tat has been removed to reduce its milk tat percentage to less than 3 1/4~. . e. MilK OR SKIMMED UILK BEVERAGE. A ·m11k · beverage or a Skimmed milk beverage is a tood compound or confection consisting ot milk or skimmed milk1 as· the case mar bel to which has been added a sirup or flavor oons1st1ng ot wholesome ngredients. t. BUTTERMlLK. Buttermilk is a product resulting trom the churning or milk or cream or fran the souring or treattnent by a lactic acid or other culture ot milk, skimmed milk, reconstituted skimmed milk, evaporated or condensed milk or skimmed milk, or milk .or skimmed inilk powder. It contains not less than ~ ot milk solids not tat. ·g. VIT AlliN D 14ILK. Vitamin D milk. is milk the v1 t am1n D content ot which has been increased by a method and in an amount approved by the State Health Officer ot the State of Texas. h. lmCONSTITOTED OR RECOMBINED MILK AND CREAM. Reconstitu- ted or recombined milk is a product resulting trom the recombining of milk constituents with water, and which complies with the standards tor milk tat and solids not tat ot milk as defined herein. Recoostitu- ted or recombined cream is a product resulting tram the ocabination ot dried cream, butter, or butterfat with cream, milk, skimmed milk, or water. i. MILK PRODOOTS. Milk products shall be taken to mean and include cream, goat milk, vitamin D milk, buttermilk, skimmed milk reconstituted or recombined milk and cream, milk. beverages, and sk!mmed milk .bevera4:les. J. PASTEURIZATION. The terms "Pasteurization" • ".Pasteurized", and similar terms shall be taken to refer to the process o:r heatiq ever,-particle of milk or milk products to a temperature of not less than 143°·~ •• and holding the same temperature tor not leas than 30 minutes in Pasteurization apparatus approved b.r the State Health Officer, provided that approval shall be limited to apparatus which requires a combined holder and indicating ·t!Lermometer, temperature tolerances of not more than li0 "'·• as shown by official tests with suitable testing equipment, and providing that such apparatus shall be operated as 41• rected by t.be State Health Officer and that the 1ndioat1Dg thermometer and the recording thermometer charta both indicate a temperature ot not less than 1451° 'l., oontinuouslr throughout the holding period. 'l'he terms "Pasteurization", "Pasteurized", end similar tel'Dl8 shall also include process of heating every particle of milk or milk products to l&OO 'l., and holding at that temperature or above tor not less thaD. l5 seconds 1n a~paTatus ot approved design ·and operated in aocordanoe 'ftith specifications approved by the State Health Officer. ProTided that nothing contained in this definition shall be construed as disbarring any other process which has been demonstrated as of at least equal eftioienoy and is approved bf the State Health Authority. k. .AMLTBRATBD JII12 .Aim IIILIC PRODDC!S. J4:rT eubatuce olat.d to be u,-milk or milk product clet1ne4 1A this Or41nanoe, but not conforming with ita definitions as given in this Or41aanoe, or which carries a grade label unless auoh grade label has been awarded b1 the City Health Officer and not revoked, shall be deem• ed adulterated and m1s~4e4. 1. MILK PRODUCER. A milk producer is anr person who owns or oontrols one or more cows, a part or all of the milk or milk products from which 1e sold or offered tor sale. m. MILK DIS'l'RiliJTOR. A milk diatr1 bu.to:r is any per sea who offers tor sale or sells to another, any milk or milk produots tor consumption as such. · n. DJJRY OR DAIRY FARM. A dairr or dairy tarm is anr place or premises where one or more cows are kept, a part or all ot the milk or milk products from which is sold or offered tor sale. o. J4II..K PLANT. A milk plant 1s anr place or premises or establishment where milk or milk products are collected, handled, processed, stored, bottled, pasteuri~ed or prepared tor distribution. ~- p. Bl!!ALTH OFFICER. The term Health Officer shall mean the Health Officer Qt the City of Lubbock, or his authorized representa- tive, unless said reference is to the State Health Officer. q. AVERAGE BACTERIA PLATE COUNT, DIRECT MICROSCOPIC COUNT, REDUCTION TIME AND COLLING TEMPERATURE. Average bacterial plate count sball be taken to mean the leaar1 thm1c average of the bacterial plate counts of the last tour consecutive samples, taken upon separate days, irrespective of periodic grade announcements. Average direct microapopio count shall be taken to mean the logar1- tbdc average or the direct microscopic counts of the last tour oonaeoutive samples taken upon separate days irrespective of. periodic grade announcements. Average reduction time _shall be taken to mean the arithmetic average or the reduction times ot ~.the last consecutive samples. taken upon separate days, irrespeotiv. ot periodic grade announcements. Average cooling temperature shall be taken to mean the arithmetic average or the te~ratures ot the last tour consecutive samples taken upon separate days, irrespective or periodic gr~de announcements. ' r. GRADING PERIOD. The grading period shall. be such per- iod ot time as the He~lth Officer may designate within which grades shall be determ~ned tor all milk and/or milk products, provided · that the grading period shall in no case exceed six months. s. PERSONS. The word •person• as used in this ordinance shall mean persons, firms, corporations, or associations. t. GOAT IIlLI:. Goat milk is the lacteal secretion, tree from colostrum, obtained by the complete milking of healthy soata, and shall comply w1 th all the requirements of this ordinance. The word •cows• shall be construed to include soats. · u. BOII>GENlZED IIIIX. Homogenized milk is milk which has been treated in such a manner as to insure break up ot the tat glo- bules to suoh an extent that atter 48 hours storage no viau.le .cream separation occurs on the milk and the tat percentage ot the top 100 oo ot milk in a quart bottle or ot a proportionate volume in con- tainers differs b)" no more than ~ ot 1 tselr-trom t.be tat · per cent ot the r-emaining milk aa determined atter thorough :~aixing. Section 2. The sale ot adulterated, misbranded, or un- graded milk or milk products prohibited. No person shall, within tbe City ot Lubbock or its police Jurisdictions, produce, sell or otter tor sale, or eXPose tor sale, or have in possession with intent to sell,.anr Ddlk or milk products, which is adulterated, misbranded, or ungraded. It shall be unlawtul tor any person, elsewhere than in a private home, to have in possess- ion anr adulterated, Ddsbranded, or ungraded milk or milk products. Section 3. PERMITS. a. It shall be unlawful tor anr person to brins 1nto or receive into the City ot ~Lubbock, or its police jurisdiction, tor sale, . or to sell, or otftijr tor sale · there in • or to have in storase wbe~ milk or milk prQducts are sold ar eeryed, an1 milk or milk products as defined·· in ·this ordinance, who ·does·· not possess · a per- mit· trom the Health Ot·ticer ot the-City ot Lubbock and··on whose - vehicle there-does not appear in a conspicuous place the permit number in figures at least three inches high and one and one-halt inches wide. - b. ANRtJAL PERIII'l' J'B. Annal parmi t tee tor the sale ar deliverr ot milk or 1111~ products acquired trom or distributed br,..:a ailk plant aha 11 be ISO ,00·4 Annual permit fee tor sale or delivery of lllilk or milk products acquired trom or produced or delivered by each dail"J shall be a millimum tee ot .3.00 plus t2.00 per cow up to and includiq ten head, end plus tl.OO per head tor each such animal in additiOD to said ten head, provided that in no case shall the maximum tee exceed t30 .oo tor any one dairr. Onlr a person who complies with the requirements ot this ordinance shall be entitled to receive and retain such a permit. Such a permit may be revoked by the health otricer upon the violation b.f the holder of any ot the terms or this ordinance or in any emergency when in the judgment ot the health officer the milk or ~lk product in question has became a public health menace: PROVIDED, That the holder ot said permit shall, after complying with such a revocation, have the right ot appeal to the Board ot Health. Section 4. LABELING AND PLACARDlNG. All bottles, cans, packages and other containers enclosing milk or an7 Jll1lk produet defined in th-is ordinance shall be plainlr labeled or •i::ked with {1, the name ot the contents as given 1n the definitions in this ordinance; (2) the grade ot the contents it said contents are graded under the provisions ot this ordinance; (3) the word "pasteurized" only it the contents have been pasteurized; (4) the word "raw" only it the contents are raw; (5) the name ot the producer it the contents were pasteurized, it the contents are pasteurized; (6) in the case ot vitamin D milk• the designation "vitamin D Milk and the source ot the vitamin D. The label or mark shall be in letters ot a size, kind and color approved by the health ottioer and shall contain no marks or words not approved by the health ot:t'ioer. . It shall be unl~tul to sell in the City ot Lubboc~, Texas, homogenized milk, unless tbe same has been totally and completely homogenized, and all containers in which homogenized milk is sold shall be appropriatelY' labeled, the label thereon shall have printed on it these words: "Totallf and Completely Homogenized," in type not less than 1/Bth ot an inoh in height. It shall be unlawtul to mix homogenized milk with skimmed milk. It shall be unlawful to add homogenized butter tat to Ddlt and/or skimmed milk tor the purposes ot increasing the depth ot the cream line. . Eve17 restaurant, oate • soda fountain, or other establish- menta serving milk or milk products sball d1splar at all times, 1n a place designated by the health officer, a notice ap»roved by the health officer, stating the lowest grade of milk andtor milk products served. . . Section 5. INSPECTION OJ' DAIRY J'.AIUS AND m.L1t PLANTS l'OR THE PURPOSE 01' GRADING OR REGRADING. At least once duriq each grad- ing period, the health officer shall inspect all dairy farms and all milk plants whoee milk pr.~JI1lk products are 1ntencled tor consumption wit•tn the City ot Lubbock, or its police jurisdiction, In case the health officer discovers a violation of any item of sanitation, he shall make a second inspection after a lapse of such ttme as he deems necessary tor the detect to be remedied, but not before the lapse of 3 days, and the second inspection shall be used in deterDdning the grade of Ddlk and/or milk products. Any violation ot the same item .ot this ordinance on two consecutive inspections shall call tor immediate degrading. One oopy ot the inspeotion report shall be posted by the health officer in a conspicuous place upon en inside wall of one ot the dairy farm or milk plant buildings, and said inspection report shall not be detaoed or removed by any person except the health officer. Another copy ot the inspection report shall be tiled with the recorda ot the health department. Section &. TBZ EXAMINATION O:r :MilK AND KILK PRODUCTS. During each grading period at least tour samples of milk an4/or cream trom each dairy farm and each milk plant shall be taken on separate days and examined by the health officer. Samples ot other milk products may be taken and examined by the h~alth o~ficer as of~en· as he deems necessary; samples of milk and/or milk products from stores• cates, soda fountains, restaurants. and other places where milk or milk products are sold shall be examined as often as the health officer may require. Bacterial plate counts and direct microscopic counts shall be made in conformity with the latest standard methods recommended by the American Public Health Associ- ation. Examinations mer include such other chemical and physical determinations as the health officer may deem necessary for the detection of adulteration, these examinations to be made in accord- ance w1 th the latest standard methods of the American Public Health Association and the Association of Ottioial AfJricultural Chemists. Whenever the •verage bacterial count, the average reduct- ion time, or the average cooling temperature falls beyond the limit tor 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 l. (q) Violation ot the grade requirement by the new average or by any subsequent average during the remainder ot the current grading period shall call for immediate degrading or suspension of the permit, unless the last individual result is within the grade limit. Section 7. THE GRADING: OF MILK AND KILlt PRODUCTS. At least once every six months the health officer shall announce ~he grades of all milk and milk products delivered by all producers or distributors and ultimately consumed with the City of Lubbock, or its police jurisdiction. Said grades shall be based upon the follow- ing standards, the grading of milk products being identical with the grading ot milk except that the bacterial standards shall be doubled in the case ot cream, and omittid in the case of buttermilk. Vitamin D milk shall be only ot grade A or grade B pasteurized, certified, or Grade A raw qualitr. • CERTIFIED MILK. Certified milk is milk which conforms with the requirements ot the American Association ot Medical Milk Commissions in force at the time of productial and is produced under tbe supervision ot the Medical Milk ComDdssion of the Medical Society of Lubbock County. and the State Board ot Health or ot the City of County Health Officer ot the City ot Lubbock and the County ot Lubbock. GRAD! A RAW MII.Jt. Grade A raw milk is milk tbe average bac- terial plate count of which, as dete~ined under sections 1 (q) and 6 ot this Ordinance, does not exceed 50,000 per oublo centimeter, ·or the average direct microscopic count of which does not exceed 50,000 per cubic centimeter it oltmps are counted or aoo,ooo per cubio centimeter it individual organisms are counted, or the average reducti<Xl time ot which is not less than 8 hours, and whiCh is produced upon dairr farua oonf'orming with all of the following items of sanitation. Item lr • COWS: TUBERCULOSIS AND OTHER DISEASES. A physical examination and, except as provided hereinafter, a tuberculin test of al.l herds and additions thereto shall be made before 8Jl1 milk therefrom is sold, and at least once every 12 months thereafter, by a licensed veterinarian approved by the State Livestock sanitary authority. Said tests shall be made and any reactors disposed ot in accordance with the requirements approved by the United States Department ot .Agriculture, Bureau of Animal Industry, tor accredited herds. A certificate signed b7 the veterinarian or attested to b.r the health otticer, and tUed with the health officer, shall be evi- dence ot the above test. Provided that in modified accredited counties the modified accredited area system approved by the United States Bureau of Animal Industry shall be accepted in lieu ot annual testing. Por diseases other than tuberculosis such tests and examd- natlons as the health otticer may require shall be made at intervals and by methods prescribed by him, and any diseased a~imals or reactors shall be disposed of as he liBY" require. · · .. Within 2 years atter the adoption ot this ordinance all milk and milk products consumed raw shall be from herds or additions there- to which have been found tree from Bang's disease, as shown by blocld serum tests tor agglutinins against Brucella abortus made in a labora- tory approved ~ the health officer. nt such herds sball be retested at least every 12 months and all reactors removed trom the herd. A certificate identifying each animal bf number, and signed by the labora- tory making the test, shall be evidence of the above test. Caws which show an extensive or entire induration ot one or more quarters ot the udder upon physical e%81111nat1on, whether secreting abnormal milk or noti shall be permanently excluded tram the milking herd. Caws g1 viDg b oodf, stringy-, or otherwise abnormal milk but with onl7 alight induration of the udder shall be excluded trom the herd and their mille shall be discarded until re-examination shows that the mille ~· become normal. Bacterial plate count, direct microscopic count, reductase tes~i. and cooling te~rature results shall be given to the producer or a- tributor concerned as soon as deter~ed if said results shall tall without the limits prescribed for the grade ·tmn held. Samples rtJA'1 be taken by the health officer at any time prior to the final de- liverr ot the milk or milk products. All proporietor-a of atoresi cates restaurants soda fountains and other stmilar places sha 1 turnS.:h the health' officer upon his request,· with the names of all distributors from whom thelr milk and/or milk products are obtained. Bio-asseys of the Vitamin D content of Titamin D milk shall be made when required by the health officer in a laboratory approved b7 him tor such exaDdnation. Itea 2r DAIRY BARN LIGBTntG. A dairr or milking barn shall be re uired and in auoh sacti=• thereof where cows are milked, w1D.d01rs llqbe ~ided and kept olean and so arranged as to insure adequate ~rght pro:rly cUstributed, and when necessary shall be provided with adequate supplementar.y artificial light. It 3 DAIRY BARN AIR SPACE AND VENTILATION. Such sections ot all dairy6 ~ar~ where cows ~re kept or milked shall be well vent~ted end sball be so arranged as to avoid overcrowding. Item 4r. DAIR!' BARN, IPLOORS. The floors and gutters of such arts at all dairy barns in which cows are milked .shall be constructed ~t concrete or other approved impervious and easily cleaned m:t~rial,d shall be graded to drain properly, and shall be kept olean ant d n J.oo repair. No horses 1 pigs, towl, calves, etc., shall be permit e par~s of the barn used tar milking. Item 5:r. DAIRr BARN, WALLS AND CBniHl. The walla &!ld oeil- in&a or all dairy barns ahall be whitewashed onoe each ~ear or painted onoe everT two rears, or ottener it necessary, or finished in an approved manner, and shall be kept olean and in good repair. In case there is a aeoond story above that part or the barn in whioh oOlll's are milked, the oeiling shall be tight. It the teed room ad3oins tba milking apace, 1~ sball be separated thel'etrom b7 a dust-tight partition and door. No . reed shall be stored 1n the milking portion or the barn. Item 6r • DAIRY BARN 1 COW YARD. All cow :yards s ball be graded and drained as well as practicable and kept olean. -. Item 7r. MANURE DISPOSAL. All manure sball be removed and stored or disposed or in such manner as best to prevent the breeding or flies therein or the access ot cows to piles thereof. . . . . Item Sr. MilK ROUSE OR ROOM, CONSTRUCTION. THERE shall be provided a milk house or milk room tor the oooling, handling, and sto:r-· age Gt milk ~Dd/or milk products and the washing, bacterioidal treatment, and storage of milk apparatus and utensils. The milk house or room (a) shall be provided with a tight tloor constructed ot concrete or other impervious material, in good repair, and graded to prorlde proper drain- age; (b) shall have walls and ceilings or such construction as to permit easy cleaning, and shall be well painted or finished in an approved manner; (c) shall be well lighted and ventilated; ~d) shall have all openings effectively screened, including outward-opening, self-closing doors, unless other etteotive means are provided to prevent the entrance ot flies; and (e) shall be used tor no other purposes than those speci- fied above as ~ be approved by the health orticer, shall not open directlT into a stable or into ·any room used tor domestic purposes, shall have water piped into it, shall be provided with adequate . facili- ties tor the heating ot water tor the cleaning of utensils, sball be equipped with 2-compartment stationary wash and rinse vats, except that 1n the case or retail raw milk, 1t chlorine is employed as the principal bactericidal treatment, the 3-oo:mpartment type must be used, and shall, unless the milk is to be pasteurized, be partitioned to separate the handling ot milk and the storage ot cleansed utensils trom the cleanltlg-"' and other operations, which shall be so located and conducted as to pre- vent any contamination or the milk or or cleaned equipment. Item ~r. MILK HOUSE OR ROOM, CLEANLINESS AND FLIES. 'l'he floors, walls, ceilings, and equipment ot the milk house or room shall be kept olean at all times. All means necessary tor the elimination of flies shall be used. Item lOr. !OILET. Every dairy tarm shall be provided with one or more sanitary toilets conveniently located, and properl7 con• structed, operated, and maintained so that the waste is inaccessible to· flies and does not pollute the surface soil or contaminate any water supp~. Item llr. WATER SUPPLY. The water supply tor the mille room and dairy barn shall be properly located, constructed, and operated, and shall be easily accessible, adtquate, and ot a sate, sanitary aualitv. Item 12r. UTENSI18, CONSTRUCTION. All containers or other utensils used in the handling, storage, or transportation of milk or milk produots must be made ot nonabsorbent material and ot such con- struction as to b~ easily cleaned, and must be in good repair. Joints and seams shall be soldered flush. Woven wire cloth shall not be uaed tor straining milk. All milk pails shall be ot a small mouth design approved by the health o ttioer. · Item 13r. UTENSILS, CLEANING. All containers equipment and other utensils used in the handling, storage, or tra~sportation ot milk and milk products must be thoroughly cleaned atter each usage. Ita 14r • UTENSILS, BACTERICIDAL fRBA1'111N'l'. All oont aiJl- ,ers, equipment, aDd other utensils used 1n the handllns, storage or transportation ot milk or milk products &ball between each usage be subjected to an approYed bacterioidal process with steam, hot water, or chlorine • Item l5r. OTDSIIB, STORMm. All oonta1Dera and other utensils used 1n the ban411ns. storage, or tran8portat1ce of llilk or Dd.lk products shall be stored so as not to beoo• oontallinated before asain be 1ng used. Item l&:r. UTDSII.S, B.ABDLIIIJ. After ba4ter1o1dal treat- ment no ocntainer or other Zlilk or ailk product utensil eball be handled in such manner aa to pe:rmit any part of •111 person or his clothing to cane 1n contact with any surface w1 th which milk or milk products oome in oontaot. Item 17r • IIILKDlG, UDDBRS AND 'l'.IATS 1 ABNORMAL MIIX. 'rhe udders and teats of all milking cows sball be ol~ and disinfected with a chlorine soluticm at the ti• of m1lk1Dg. Abnonaal milk shall be eo handled and Aiapoaed of as to preclude the infection of the cows and the contamination of the milk utensils. Item 18r. MILKING, I'LANKS. The flanks, bellies, and tails of all milking cows shall be tree from visible dirt at the time ot milking. Item l9r. MILlER'S HANDS. Milker's hands shall be olean, rlnae4 with a bactericidal solution 1 and dried with a olean t01re1, ilDID8d1ately before milking and following any interruption in the milk- ing operation. Wet-hand milking is prohibited. Convenient facilities shall be prOTided tor the washing of milkel'"s' hands. Item mr. CI.EAN CLOTHING. Milkers and milk handlers shall wear clean outer garments while milking or handling milk, milk products. containers, utensils, or equipment. . Item 21r. MILK STOOLS. Jl1lk stools shall be made or metal Ol'" other impervious mterial and shall be kept clean. Item 22r. BEMOVAL o:r MIUt. Each pail ot milk shall be re- moved il!ID.ediatelJ to the milk house or straining room. No milk sball be strained or poured in the dair7 barn. Item 23r. COOLING. Kilk must be cooled immediately after completion of milking to 50° F. or less, and maintained at that average temperature, as defined in section 1 (q), until delivery. It milk is delivered to a milk plant, or receiving station tor pasteuri- zation or separation, it must be delivered within 2 hours atter com- pletion of milking or cooled to &oo r., or less and maintained at tbat average temperature until delivered. Item 24r. BOTT.LIRl AND CAPPmG. Milk and milk products stall be bottled from a container with a readily cleanable valve, or by means ot an approved bottling machine. Bottles shall be capped by machine. The bottler and capper shall be cleaned and subjected to bactericidal treatment before each usage. Qapa shall be purchased 1n sanitary containers and kept therein in a clean dry place until uaed. Item 25r. FERSONNEL HEALTH. Everr person cooneoted with a dairy whose work brings him In contact with the production, hand- ling, storage or transportation or milk, milk pro.ducts, containers, or equipment. shall furnish such informaticm, parmi t such physical examinations, and submit such laboratory specimens as the health ott- leer may require tor the purpose ot determining freedom from infection. The health officer, or a phySician authorized by h1m 1 shall in each such instance take a careful history, and it such history suegests that suoh person may be a carrier ·or or infected with the . organisms ot tJPhoid or parat;yphoid feve:r or ot any other communi- cable disease likely to be transmitted through milk, he shall secure appropriate specimens ot bodily discharges and cause them to be examined in a laboratory approved by him or by the State health ~uthoritiea tor such examinations. Item. 26r. All vehicl•s used tor the transportation of milk or milk products shall be eo canstruoted.and operated as to protect their contents trom the sun and trom contamination. All vehicles used tor the transportation ot milk or milk products 1ft their tinal delivery containers shall be constructed with permanent tops and with permanent or roll•d01fll sides and back • provided that openings of the sizt necessary to pass the delivery man mar be permitted in the sides or back for loading and unloadins purposes. All vehicles shall be keJ>t olean, •4 no aubstanoe capable ot contaminating milk or allk product~ •ball be transported with ld.lk or ailk produo's ln such •aner aa to permit contaaination. All vehicles used tor the diatr1but10D of milk or milk products shall have the name of the distribUtor prominentlJ displayed. The immediate surroundings ot the dairy sheJ.l be kept in a neat, clean condition • • GRADE B RAW MILK. Grade B raw milk is milk the average bacterial plate count ot which at no time prior to delivery exceeds 200,000 per cubic centimeter, or the average direct microscopic count ot which does not exceed 200,000_per cubic centimeter it clumps are counted or eoo,ooo per cubic centimter it individual organisms aN counted, or the average reduction t~e ot which is not .less than 6 hours, as determined under sections l (q) and &, and whioh is pro- duced upon dairy raDma conforming with all items ot sanitation re- quired tor grade A raw milk except as tollows: Under item 4r tight wooden floors and gutt~rs shall be permitted in place ot concrete; under item er the piping of water into the milk house, the partition- ing of processes, and the provision ot three-compartment wash and rinse vats shall not be required; under item 23r the temperature re- quirement ot retail raw milk shall be 60° '7., and ot milk tor pas- teurization or separation 7oo F.,; item 26r shall not be interpreted to mean "pern:e.nently" covered vehicles; provided that all items or parts ot items relating to cleanliness shall be required. ' GRADE C RAW MILK. Grade C raw milk is milk the average bacterial plate count ot which at no tbne prior to delivery exceeds l,ooo,ooo per cubic centimeter, or the average direct microscopic count of which does not exceed 1,ooo,ooo per eublc centimeter if · · clumps are counted or 4,000,000 per cubic centimeter it individual organisms are counted, or the averase reduction time ot whioh is not less than 3i hours as determined under sections 1 ( q) and 6, and which is produoed upon dair.r farms conforming with all items ot sanitation required tor grade B raw milk except 7r, l2r, 20r, 2lr, 22r1 23r, 24r, and 26r; provided that under item 4r properlf con• structed clay..;::;mlxture floors shall be permitted, and that under item 5r painting or whitewashing and tight ceilings and teed r _ooms shall not be required. · GRADE D RAW MILK. Grade D raw milk is milk which does not meet the requirements of Grade C raw milk, and whioh shall be plainly labeled "cooking onlY•" GRADE A PASTEURIZED m:ut. Grade A pasteurized milk is Grade A raw milk which has been p~steurized, cooled, and bottled in a milk plant conforming w1 th all ot the following items . ot sani- tation and the average bacterial plate count ot which at no time atter pasteurization and until delivery exceeds 30,000 per cubio centimeter, as determined under sections 1 (q) and 6. Item lp. FLOORS. The floors ot all rooms in which milk or milk products are handled or stored shall be constructed of con- crete or other equally impervious and easily cleaned material aDd sball be smooth, properly drained, provided with trapped drains, and kept olean. Item 2p. WALLS AND CEILINGS. Walls and ceilings of rooms in which milk or milk products are handled or stored shall have a smooth, washable, light-colored surtaoe and shall be kept clean. Item 3p. DOORS AND WINDOWS. Unless other etteotive means are prodded to prevent the access ot flies, all openings in- to the outer air shall be effectively screened and doors shall be selt-closin~. Item 4p. LIGHTING AND VENTILATION. All rooms aball be well lighted and ventilated. Item 5p. MISCELLANEOUS PROTECTION PROM CONTAMlNATION. The various milk-plant operations shall be so located and ccmduoted as to prevent any oontaaina tion ot the milk or ot the cleaned equip- mnt. All :means necessal')' tor the elimination ot flies shall be used. This reflui:rement shall be interpreted to include separate rooms tor (a) the J>a&teurizing, processing. cooling, and bottling operations; (b) the washing and bacterioidal treatment ot containers and equipment. Cans ot raw milk shall not b~ unloaded directly into the pasteurizing room. Pasteurized milk or milk products sl¥!11 not be permitted to come in contact with equipment w1 th which unpasteur- ized milk or milk products have been in contact, unless such equip- uent has tirst been thoroughl7 cleaned and subjected to bacterioidal treatmnt. Rooms in which milk, milk products, cleaned uten~ils, or oonta iners are handled or stored shall not open directly into any: stable or living quarters. Item 8p. TOILET FACILITIES. Ever,. milk plant shall be provided with toilet tacilities oo~orming with the ordinances ot the Cit7 of Lubbock. Toilet rooms shall not open direot}T into &JlY rooa in which milk, milk products, equipment, or containers are handled or stored. The doors ot all toilet rooms shall be self closing. Toilet rooms shall be kept in a olean condition, in good repairt and well ventilated. In case privies or earth closets are perm.itteo. and used, the7 shall be separate .from the building and shall be ot a sanitary type const~oted and operated in oontormity with the re- quirements or item lOr, grade A raw milk. Item 'lp. WATER SUPPLY, The water supply shall be easi11' access! ble • ·adequate, and ot a sate, sanitary qualit7. Item Sp. BAND-WASHING FACILITIES. Convenient handwashing facilities shall be provided, including warm running water, soap, and approved sanitary towels. The use of a common towel is prohibited. Item 9p. MilK PIPING. Only "sanitary milk piping" of a type which can be easily cleaned with a brush shall be used, Item lOp. CONSTRUCTION AND REPAIR OF EQ.UIPMENT. All con- tainers and equipment with which milk or milk products come in con- tact shall be constructed in such manner as to be easily cleaned, and shall be kept in good repair. Item llp. DISPOSAL OF WASTES. All wastes shall be proper- ly disposed of. Item 12p. CLE.ANmG AND BACTERICIDAL TREA'nBNT OJ' CONTAIN- ERS AND APPARATUS. All milk and milk products containers and appar- atus shall be thoro~ly cleaned atter each usage and subjected immediately before each usage to an approved bacterioidal process; When empty and before being returned to a producer by a milk plant each container shall be effectively cleaned and subjected to bacteri- cidal treatment. Item 13p. STORAGE OF CONTAINERS. Atter bacterioidal treat- ment all bottles, cans • and other Jlilk or milk products containers shall be stored in such manner as to be protected :trom contamination. Item 14p. HANDLING OF CONl'AINERS AND APPARA'IUS. Between bactericidal treatment and usage and during usage containers and apparatus shall not be handled or operated in such mnner as to permit contamination of the milk. Item 15p. STORAGE OP' CAPS AND PARCIDENT PAPER. Milk bottle caps and parchment paper tor milk cans shall be purchased and stored only in sanitary tubes and cartons, respectively, and shall be kept therein in a olean dry place until used. Item 16p. PASTEURIZATION. Pasteurization shall be perform- ed as described in section l ( J) of this Ordinance. The time and tem- perature record charts shall be dated and preserved tor a period ot three months tor the information of t.be Health Officer. - Item 1'1p, COOLING. All milk and cream received tor pas- teurization but not pasteurized within 2 hours after it is received at the plant shall within 2 hours ot receipt be cooled to a tempera- ture ot 500 ~. or less and maintained thereat until pasteurized, ex- cept during separaticxq and all pasteurized milk and milk ~oducte shall be immediately cooled to an average temperature ot 500 r. or less, as defined in section 1 (q), and maintained thereat until de- li very. Item lSp. BOTTLING. Bottling ot milk and milk p:oduots shall be done at the place ot pasteurization in approTed .. obanioal eaui"'ment. Item 19p. OVERJ'LOW IIIUC. Overflow ailk or llillt products shall not be sold tor human oonaumptiOB. Item 20p. CAPPING. Capping ot milk and milk products sball be done by approved mechanical equipment. Band capping is pro- hibited. Item 2lp. PERSONNEL, HEALTH. Bvery person connected with a pasteurization plant whose wol'k brings him in contact with the pro- duction, handling, storage, or transportation ot Dlilk, milk products, containers, or equipment shall turnish such 1ntormat1on, permit such physical examinaticns, and sul:mit such laborato1'7 speci.JEns as the health officer may require tar the purpose ot determining treedom :rrom ~ect ion. The health otticer, or a physician authorized b.Y him, shall in each such instance take a caretul histoey and it such histor;r sug- gests that such parson may be a carrier ot or -in:tected with the organisms ot typhoid or paratyphoid fever or ot any other communicable disease 11~•17' to be transmitted thl'ough milk or milk produota he shall ••- cure appropriate specimens ot bodily 4iaoharges and cause thea to be examined 1n a laboratolf approTed by him or by the State health author! ties tor such examinations. · Item 22p. PERSONNI!!L, CI.EANLilmSS. All persons coming in contact with milk, milk products, containers or equipment shall wear clean outer garments and shall keep their hands ·clean at all times while thus engaged. Item 23p. MISCELLANEOUS. All vehicles used tor the trans- portation ot milk or milk products shall be so constructed and oper- ated as to protect their contents from the sun and from contamination. All vehicles used for the transporta1bn ot milk or milk products 1n their final delivery containers sball be so constructed with perma- nent tops and with permanent or roll-down sides and back, provided that openings ot the size necessary to pass the deli very man may be permitted in the sides or back tor loading and unloading purposes. All vehicles smll be kept clean. and no substance capable of con- taminating milk or milk products shall be transported ~th milk or milk products in such manner as to permit contaaination. All vehicles used tor the distribution ot milk or milk products shall have the name or the distributor prominently displayed.- The immediate surroundings ot the milk plant shall be kept in a neat, clean condition. GRADE B. PASTEURlZED MILK. Grade B pasteurized milk is grade B raw milk which has been pasteurized, cooled, and bottled in a milk plant conforming with all ot the requirements for grade A pasteurized milk1 and t!B average bacterial plate coont ot which at no time after pas teuri-za t1 on and before deli very exceeds 50,000 per cubic centimeter, as determined under sections 1 (q) and 6. . . GRADE C. PASTEURIZED MilK. Grade C pasteurized milk is pasteurized milk which does not meet the requirements ot Grade B pasteurized milk, and which . shall be plainly labeled "cooking onlY"• Section e. GRADES 0!' miX AND MILK PRODUCTS WHICH KAY IE SOLD. From and atter m.ontbs trom tiB date on which this Ordinance takes ettect no Di!ik or milk products shall· be sold to the final consumer, or to restaurants, soda fountains, grocery stores, or similar establishments, except grades A aDCl B pasteur- ized, certified, and grade A raw. This section shall not be con- strued as forbidding the sale of lower grades gf milk and milk products during temporary periods of degrading not exceeding 30 consecutive days or, in emergencies, such longer period as the health officer. may deem necessary. Section 9. SUPPLEMENTARY' GRADmG PRESCRmED AND REGRAD- ING AUTHORIZED. If at e.ny time between the regular announcements of the grades of milk or milk products, as the result of the · findings of two consecutive inspections ot any dairy or milk plant, or because the average bacterial plate count, the average direct microscopic count, the average reduction time, or the average oooling tempera- ture exceeds the limit fixed for the grade currently held by the milk supply in question, a lower grade shall become justified, in accordance with section '1 ot this Ordinance, the health officer shall immediatel. y lower the grade of such milk or milk product, and shall enforce p:oper labeling and placarding thereof. An'! producer or distributor ot milk or milk products., the grade . of wbioh has been lowered b.1. the health officer, and who is properly labeling his milk and/or milk products DBY at anr time make application tor the regrading of his product. Upon receipt of a satistactorr application, in case the lowered grade is the result or an excessive average bacterial plate count, direct microscopic count, reduction ttme, or cooling temperature, the health oft'icer shall takB further samples of the applicant's output, at a rate of not more than two samples per week. The health officer shall immediately regrade the milk or mille pro- ducts upward whenever the average of the last. tour sample results indicate the necessary qualit7, but not before the lapse of two weeks tram the date ot degrading. -. In case the lowered grade ot the applicant's product is due to a violation ot an item ot the speoif!oations prescribed in section 7, other than average bacterial plate count, direct microscopic count, reduction time, or cooling t~mperature, the said application must be accompanied bJ a statement signed by the applicant to the efteot that the violated item ot the specifica- tions · bas been conformed with. Within one week of the receipt ot •uoh an application aD4 statement the health officer shall make a re1napect10D of the applicant's establisb.JDeD.t, an4 tbereatter as Jlia.J11' a4dl tional reinspeot1ona. as he _, 4eem neoesaary to aseun himself that the applioant is again ocmplying with the higher grade requirements, and,.in case the findings justify, shall regrade the milk or milk products upward, but not before the lapse o~ two weeks trom the date · of degrading. · SectiOD 10. TRANS7ERRING OR DIPPING MII.X: DELIVERY OON- TAlNERS : HANDLING OF MORE '!'RAN ONE GRADE: DELIVERY 0 !' MILK AT Q.UAR- ANTINED HESIDEICES. No milk producer or distri bu. tor shall transfer ~lk or milk products from one container to another on the street, or in any vehicle or store, or in any place except a bottling or milk room especiall'f used tor that purpose.-The sale of clip milk is hereb,y prohibited. All pasteurized milk and mlk products shall be placed 1n their final del1Ter,. containers in the plant in whioh thef are pasteurized, and all raw mi~k and llilk products eold for .oonawaptlca 1n the raw state shall be placed in their final delivery containers at the farm at which they are produced. llilk and ILilk products sold in the 41atr1butor•s containers in quantities leas than one gallon shall be delivered in standard milk bottles. It shall be unlawful tor hotels, soda fountains, restaurants, groceries, and similar establishments to sell or serve any milk or milk product except 1n the original container in~.which·-it was received from the distributor or from a bulk cantain~r e~ulpped with an approved dispensing device; provided that this require~Bnt shall not apply to oreBlll consumed on the premises which may be sei-ved trom the original bottle or rrom a dispenser approved tor such service. No milk or milk products shall be permitted to come in oontaot with equipment with Which a lower grade or milk or milk products has been in contact unless such eqtipment has first been thoroughly cleaned and subjected to a bacterioidal treatment. Bottled milk or milk products, if stored in water, shall be so stored that the tops ot the bottle will not be ~!~merge~ • \ -\. . "' It shall be the duty of all persons to whom milk~r\millt t~···" products are delivered to olean thoroughly the containers in which. \ such milk or milk products are delivered before returning such coni.. · tainers. Apparatus, containers, equipment, and utensils used in the handling, storage, processing, or transporting or milk or milk products sball not be used tor any other purpose w1 thout .the per- ftdssion ot the health otticer. The delivery of milk or milk pro4ucts to and the__collectica of milk or milk products containers rrom quarantined re~enaes shall be subject to the special requirements ot the health officer. Section 11. MILK AND MilK PRODUCTS FROM POINTS BEYOND THE LnnTS OF INSIECTION OF THE CITY OF LUBBOCK. Milk and milk products tram p~tnts beyond the limits ot inspection ot tbe City ~f Lubbock-may'not be sold in the City of Lubbock or its police 3~1sdiotion, unless produced and/or pasteurized under grading provisions equivalent to those of this ordinance; pro- vided that the health otticer shall satiety himself tbat the health officer having jurisdiction over the production and processing is properly enforcing such provision. Section 12. NOTIFICATION OF DISEASE. Notice shell be· sent to the health officer immediately bY any producer or distributor ot milk or milk products upon whose dairy farm or in whose milk plant any infectious, contagious, or communicable disease occurs. · Section 13. FUTURE DAIRIES AND MILK PLANTS. Detailed plans ror all dairies and milk plants which are hereafter constructed, reconstructed or extensively altered shall be submitted to the health otticer tor approval before work is begun and shall contorm in con- struction to the grade A requirements or this ordinance. Section 14. PROCEDURE WHEN INJ'ECTION StEFECTED. When suspicion arises as to the possibility or transmission ot inteotion trom any person concerned with the handling ot milk or milk products the health otticer is authorized to require any or all or the tollaw- ing measures: (1) the immediate exclusicn or that person from milk handling; (2) the immediate exclusion or the milk supply concerned from distribution and use; (3) adequate medical and bacteriological examination of the person, or his associates, and ot his and their bodil7 discharges. Section 15 • ENFORCEMBNT INTERPRETATION. This ordinance shall be enforced by the health otrioer in accordance with the interpretation thereof contained in the 1959 edition ot the United States Public Health Service Milk code, a certified copy or which shall be on tile in the Gity Clerk's ottice. - Seoti on 16, PXNALT!'. AJ:J.y person who aball violate anr provisiOD of this ord1D&noe shall be fined not more than 1100 .oo at the discretion ot the Court. Eaoh and every v1olationof the proYlsiona of this ordinance shall constitute a separate offense. Seoticm 17. REPEAL AND DATE OlP BJPJ'ECT. All ordinances · and parts of ordinances 1n oon:tlict with this ordinance are hereby repealed; and this ordinance shall be in full force and effect immediately upon its adoption and its publication, as provided b7 law. Section 18. UNCONSTI'l'UTIONALITr CLAUSE. Should any- section, paragraph, sentence, clause, or phrase of this ordina•ce be declared unconstitutional or invalid for any reason the remain• der of s~id ordinance shall not be affected thereb,r. I PASSED and approved, first reading, tbis the 25th day of July. 1941 • l4th PASSED and approved, second 4nd final reading, this the dar or August , 1941'• exas A.T'l'EST: lfi!L/~,u' / THE STATE OF TEXAS COUNTY OF LUBBOCK Erle i"J.arie Brown Before me a Notary Parker F. P1 this day personally appeared _____ _ Avalanche-Journal Publishing Company, publi! Lubbock: Evening Journal-Sunday Avalanche did depose ond soy that said newspaper has fifty-two weeks prior to the first insertion oft~ ~ Lubbock County, Texas, and that the attached· is a true copy of the original and was printe~ on the following dotes: August 10,19 58 . I and sworn to before me this. __ J_r_d-'l CITY OF LUBBOCK DAIRY REPORT fn comp1i!nce witl1 OrCJinence "672. City of Lubbock. tfie 9redes of en milk supplies distributed witliin tlie · City of Lubbock neve been determin ~~~ ed by the City Healtli Department. The follo'!Ving list of distributors h·~ve been found to be qualified to Clispense P.roducts es listed below. · . Grad·e "A" Pasteurized Milk Bell Dairr Prtducts Borden Company Oa.ell's. Inc. ~. Tau Carnation Company wl,lalta Pao., ren• Cloverlake Dairy Foods ~-:_v~ew. Foremost Dairies Aweae, Teu8 KeJ.fey Creamery Elk atr. oklahoma Lamar Creamery Palls, Texu Texas Tech · Crea111ery