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HomeMy WebLinkAboutOrdinance - 1514-1953 - Definign Milk And Milk Products Repealing Ord 672, 691. - 12/10/1953see Milk 1:)-10-1q53 ORDINANCE NO. 15U. l:l-;1:1-1.953 -A AN ORDINANCE DEFINING "MILK" AND CERTAIN "MILK PRODUCTS," "MILK PRODUCER, II "PASTEURIZATION, II E!f"'C. i PROHIBITING THE SALE OF ADULTERATED AND MISBRANDED MILK AND MILK PRODUCTS: .. REQUIRrnG PERMITS FOR THE SALE OF MILK AND MILK PRODUCTS; LABELING OF CONTAINERS! REGUlATING THE INSPECTION OF DAIRY FARMS AND MILK PLANTS~ AND THE EXAMINATION, GRADING, LABEL• lNG, PASTEURIZATION, REGRADING, DISTRIBUTION, AND SALE OF MILK AND MILK PRODUCTS: PROVIDING FOR THE PUBLISHING OF MILK GRADES, THE CONSTRUCTION OF FUTURE DAIRIES AND MILK PLANTSt THE ENFORCEMENT OF THIS ORDINANCE, THE FIXING OF PENALTIES: AUTHORIZING PUBLICATION OF THIS CAPTION, TOGETHER WITH PEN- ALTY CLAUSE; AND REPEALING ORDINANCES NOS. 672 AND 691 AND CONFLICTING ORDINANCES. Ord. & Code of PubliC Health Service (State) •iled in :1ty Sec- ~etary Des • BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF LUBBOCK; SECTION 1. DEFINITIONS. The following definitions shall apply in the interpretation and the enforcement of this ordinance: I L~~~~-53 ~0 >:r .Pigfor , ·."Jity rp ·~-s.lth , ,_1 ~i.rector " J \.._ . A. MILK. Milk is hereby defined to be the lacteal secretion, practi- cally free from colostrum, obtained by the complete milking of one or more healthy cows, which contains not less than 8 per cent milk solids-not-fat and not less than 3-1/4 per cent milkfat. A-1. GOAT MILK. Goat milk is the lacteal secretion, practically free from colostrum, obtained by the complete milking of healthy goats. The work "milk" shall be interpreted to include goat milk. B. MILKFAT. Milkfat, or butterfat, is the fat of milk. B-1. CREAM. Cream is a portion of milk which contains not less than 18 per cent milkfat. B-2. SOUR CREAM. Sour cream is cream the acidity of which is more than 0., 20 per cent, expressed as lactic acid. B-3. LIGHT CREAM, COFFEE CREAM, OR TABLE CREAM. Light cream, C·offee cream, or table cream, is cream which contains less than 30 per cent milkfat. B-4. WHIPPING CREAM. Whipping cream is cream which contains not less than 30 per cent milkfat. B-5. LIGHT WHIPPING CREAM. Light whipping cream is whipping cream which contains less than 36 per cent milkfat. B-6. HEAVY CREAM, OR HEAVY WHIPPING CREAM. Heavy cream, or heavy whipping cream, is whipping cream which contains not less than 36 per cent milkfat. B-7. HALF AND HALF. Half and Half is a product consisting of a mixture of milk and cream which contains not less than 11.5 per cent milkfat. B .. 8. RECONSTITUTED, OR RECOMBIN]J::D, HALF AND HALF. Reconstituted or recombined, half and half is a product resulting from the ------.. -~~-=~P=-===========~-----==============---~===================:===========-~====~~P= ~ P. Z combination of reconstituted milk or reconstituted skim milk with cream or reconstituted cream, which contains not less than 11.5 per cent milkfat. B-9. WHIPPED CREAM. Whipped cream is cream to which a harmless gas has been added to cause whipping of the product. It may also contain sugar,! other harmless flavoring, and a harmless stabilizer. C. 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 milkfat and solids-not-fat of milk as defined above. C-1. CONCENTRATED MILK PRODUCTS. Concentrated milk products shall be taken to mean and to include homogenized concentrated milk, vitamin D concentrated mil~ 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. c-z. DRY MILK. Dry milk is milk from which at least 95 per cent of the water has been removed. D. SKIM MILK. Skim milk is milk from which a sufficient portion of milkfat has been removed to reduce its milkfat content to less than 3-1/4 per cent. D-1. NONFAT, FAT-FREE, OR DEFATTED MILK. Nonfat, fat-free, or defatted milk is skim milk which contains not more than 0. 1 per cent milkfat. D-Z. SKIM-MILK SOLIDS. Skim-milk solids shall be deemed to include concentrated skim milk and nonfat dry-milk solids. D-3. NONFAT DRY-MILK SOLIDS. Nonfat dry-milk solids shall mean nonfat milk from which at least 95 per cent of the water has been removed. E. FLA. VORED MILK. Flavored milk is a beverage or confection con- sisting of milk to which has been added a syrup or flavor made from whole- some ingredients. E-1. 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. E-Z. FlAVORED RECONSTITUTED MILK. Flavored reconstituted milk is a flavored milk made from reconstituted milk. E-3. FI.A VORED RECONSTITUTED DRINK. OR FLAVORED RECONSTI- TUTED DAIR. Y DRINK-Flavored reconstituted drink, or flavored reconstituted dairy drink, is a flavored drink made from reconstituted skim milk. F. BUTTERMILK. Buttermilk is a fluid product resulting from the churning of milk or cream. It contains not less-than 8 per cent milk solids- not-fat. -~ ·. . ) P. 3 F·l. CULTURED BUTTERMILK. Cultured butterrnilk is a fluid pro- , duct 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 8 per cent milk solids -not-fat. F-2. CULTURED MILK. Cultured milk is a fluid or semifluid product resultin-g from the souring or treatment, by a lactic acid or other culture, of J pasteurized milk, pasteurized reconstituted milk, or pasteurized concen- trated milk.P'1t contains not less than 8 per cent milk solids-not-fat and not less than 3-1/4 per cent milkfat. G. 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. G·l. FORTIFIED MILK AND MILK PRODUCTS. Fortified milk is milk. other than vitamin D milk, the vitamin and/or mineral content of which has been increased by a method and in an amount approved by the health offi- cer. Fortified milk products are those milk products defined in this ordinance, other than vitamin D milk products, the vitamin and/or mineral content of whid has been increased by a method and in an amount approved by the health officer, and to which skim-milk solids may or may not have been added. The label shall contain the word "Fortified" and shall clearly show the amount and source of each vitamin and/or mineral added. H. 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 milkfat and solids-not-fat of tnilk as defined herein. H·l. RECONSTITUTED, OR RECOMBINED, CREAM. Reconstituted, or recombined, cream is a product which results from the combination of dry cream, butter, or milkfat, with cream, milk, skim milk, or water, and which complies with the milkfat standards of cream as defined ·herein. H-2. RECONSTITUTED. OR RECOMBlli'ED, SKIM MILK. Reconstituted or recombined, skim milk is a product which results from the recombinin~ of skim-milk constituents with water, and which contains not less than 8 per cent milk solids-not-fat. J. HOMOGENIZED MILK. Homogenized milk is milk which has been treated in such a manner as to insure break-up of the fat globules to such an extent that, after 48 hours of quiescent storage, no visible cream separation occurs on the milk, and the fat percentage of the top 100 milliliters of milk in a quart bottle, or of proportionate volumes in containers of other sizes, does not differ by more than 10 per cent of itself from the fat percentage of the remaining milk as determined after thorough mixing. T-he word "milk" shall be interpreted to include homogenized milk. K. MILK PRODUCTS. Milk products shall be taken to mean and to include cream, sour cream, half and half, reconstituted half and half, whipped creaml 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 P. 4 skim milk, 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. L. PASTEURIZATION. The terms "pasteurization, 11 "pasteurized, 11 and similar terms shall be taken to refer to t~e process of heating every parti- cle of milk or milk products w at least 143° F., and holding it at such tempera• ture continuously for at least \10 minut~s,· or to at least 161° F., and holding it at such temperature cont~nuously for at least 15 seconds,) in approved and properly operated equipment: PROVIDED, that 'nothing contained in this defi- nition shall be construed as barring any other process which bas been demon- strated to be equally efficient and which is approved by the State health authority. M. ADULTERATED AND MISBRANDED MILK AND MILK PRODUCTS. Any milk or cream to which water has been added, or any milk or milk pro .. duct which contains any unwholesome substance, or which if defined in this ordinance does not conform with its definition, shall be deemed to be adultera- ted. 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 statements on the label, shall be deemed to be misbranded. ,.J /... N ,' MILK PRODUCER, A milk producer is any per son who owns or I controls one or more cows, a part or all of the milk or milk products from which is sold, or off-ered for sale. 0. 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. 0-1. PRODUCER-DISTRIBUTOR. A producer-distributor is a milk producer who is also a milk distributor. P. DAIRY t OR DA.Ilt Y 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. P-1. PRODUCER DAIRY. A producer dairy is a dairy farm which sends m.ilk or cream to a milk plant for processing. P-2. MILK HAULER. A milk hauler is any person, other than a milk producer or a milk-plant employee, who transports milk and/ or milk products to or from a milk plant or a collecting point. Q. MILK PlANT. A milk plant is any place, premises, or establish- ment 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. R. HEALTH OFFICER. The term "health officer" shall mean the health authority of the City of Lubboc~ or his authorized representatives. S. AVERAGE BACTERIAL PLATE COUNT, DIRECT MICROSCOPIC COUNT, AND COOLING TEMPERATURE. Average bacterial plate count and J P. 5 average direct microscopic count shall be taken to mean the logarithm.ic average, and average cooUng temperature shall be taken to mean the arith- " metic average, of the respective test results of the last four consecutive samples, taken upon separate days. irrespective of the 6-month period referred to in Section 6. T. PERSON. The word 11person" shall mean any individual, partner- ship, corporation, company, firm, trustee, or association. u. AND/OR. Where the term "and/or" is used, Hand" shall apply where possible, otherwise "or" shall apply. SECTION z. THE SALE OF ADULTERATED, MISBRANDED, OR UNGRADED MILK OR MILK PRODUCTS PROHIBITED. No person shall, within the City of Lubbock, 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 or pasteurized milk products may be authorized by the health officer, upon the approval of the State health authority, in which case they shall be labeled "ung~aded. 11 Any adulterated, misbranded, and/or improperly labeled m.ilk or milk products may be impounded by the health officer and disposed of in accordance with State law. SECTION 3. PERMITS. It shall be unlawful for any person to bring into, send into, or receive into the City of Lubbeck or its police jurisdiction, for sale, or to sell, or off'er 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 ordinance, who does not possess a permit from the health officer of the City of Lubbock. Every milk producer, producer-distributor, or owner of a dairy or dairy farm, as herein defined under Section 1 of this ordinance, whether a person, firm, association or com::poration,shall make application in writing to the City Health Officer upon forms prescribed and furnished by said City Health Officer for a permit to produce milk, operate, or to do business as a milk producer,as that term is herein defined, in the City of Lubbock, and shall pay therefor in a dvance a permit fee, the amount of which shall be as follows: For from one to five cows, $2. 50; for more than five cows and not more than twenty-five cows, $5. 00; for more than twenty-five cows and not more than fifty cows, $10. 00; for more than fifty cows, $15. 00; and upon the payment of such fee the applicant shall receive his permit in writing to produce milk, operate, and do business in the City of Lubbock, subject to the terms and conditions of this ordinance. Such permit shall entitle said producer, producer-distributor or owner of a dairy or dairy farm to operate and do business in accordance with the provisions of this ordinance and, unless revoked or suspended, shall continue in force for a period of one year beginning on the 1st day of May of each year and terminating at midnight April 30th of each year. The permit shall be non-transferable as to persons and/or locations and shall be annually renewed on the 1st day of May of each year upon an application and payment of the permit fee as herein set forth and subject to the terms and conditions of this ordinance. Every milk distributor, producer ... distributor or operator of a milk plant t as defined in this ordinance, whether operated by an individual or as a firm, ~ssociation, partnership, or corporation, shall make an application in writing to-the City Health Officer of the City of Lubbock upon forms prescribed and furnished by said City Health Officer, for a permit to distribute milk and to operate and do business in the City of Lu1;>bock as a milk distributor or milk plant, and shall pay therefor in advance a permit fee as follows: Such fee shall be based upon the average daily amount of milk distributed, computed over the year's output, and as established in advance. and shall be in the sun'l of $10.00 for the first 25 gallons or less for suc:h average daily output and an additional fee of $1.00 for each 25 gallons or fraction thereof in excess of said first 25 gallons computed on the basis of the average daily output as herein- before stated. Such fee ~:jhall be due and payable on the first day of May of each year after the effective date of this ordinance at the office of the City Health Officer, and upon payment thereof such milk distributor shall receive a permit in writing to distribute milk and do businestJ in.the Ci,.ty of Lubbock under the terms of this ord.i.nance. Such permit shall entitle said milk distributor to dis• tribute milk and do business in accordance with the provisions of this ordinance and unless revoked shall continue in full fo:r.ce for a period of one.year, begin- ning on the first day of May of each year and terminating at midnight April 30th of each year, after the effective date of this ordinance, and shall be non- transferable and shall be renewed annually upon application and payment of a like sum in accordance with the terms and subject to the terms and conditions o£ this ordinance. In the event that any person, firm or corporation shall operate both ae a milk producer and as a milk distributor as h~reinbefore defined under the terms of this ordinance, then such person, firm or corporation shall be required to procure a separate permit for such production and distribution and shall comply with and pay the fee hereinbefore described before they shall be permit- ted to engage in such milk produc~on and milk distribution. All current permits issued under the provisions of Ordinance No. 672 as am·ended by Ordinance No. 691 shall continue to be effective until May 1, 1954, and shall be considered as having been issued under the provisions of this ordi- nance, and all persons operating under such permit shall be subject to the terms and requirements of this ordinance. Any person, firm, associatio~ partnership or corporation making an application for a permit to do business in the City of Lubbock as a milk pro_. ducer or milk distributor, as that term is herein defined, after May lst of each year, shall pay said permit fee on a prorate basis, based upon the number of months remaining before the next due date for the payment of annual permit fees. A permit which authorizes the sale of grade A raw milk will not be issued to any person., association, firm or corporation after the effective date of this ordinance who was not on the effective date of this ordinance the holder of a valid permit autho.rizing the sale of grade A raw milk in the City of Lubbock, unless the issuance of such a permit shall have been first authorized by resolution of the Gity Commission. Such a permit may be temporarily suspended by the health officer upon violation by the holder of any of the terms of this ordinance, or for interference with the health officer in the performance of his duties, or may be revoked after an opportunity for a hearing by·•the health officer upon serious or repeated violations • P. 7 SECTION 4. LABELING. All bottles, cans, packages, and other con- tainers enclosing milk or any milk product defined in Section 1 of this ordinance shall be plainly labeled or marked with (1) the name of the contents as given in the definition in this ordinance; (Z) the word 11 reconstitu.ted11 or 11 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 pas- teurized; (5) the word 11raw11 only if the contents are raw: (6) the phrase 11for pasteurization11 if the contents are to be pasteurized; (1) the name of the producer if the contents are raw, and the identity of the plant at which the con- tents were pasteurized if the contents are pasteurized; (8) in the case of vitamin D milk or milk products, the designation 11Vita.min D, 11 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 adQ.ed for recombining; and (10} the words 11 skim-milk solids added, 11 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: PROVI- DED, 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 pasteuri zation, and whlch immediately dumps, washes, and returns the cans to the producer dairy. The labei, 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 1 (J). SECTION 5. lNSPECTION. OF DAIRY FARMS AND MILK PLANTS. Prior to the issuance of a permit, and at least once every 6 months thereafter, the health officer shall inspect all dairy farms and all milk plants whose milk or milk products are intended for consumption within the City of Lubbock, or its police jurisdiction. H the health officer should discover the violatil!)n 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 3 days; and the second inspection shall be used in determining com- pliance with the r •equirements of Section 7 of this ordinance. Any violation of the same requirement of this ordinance on such reinspection shall call for immediate degrading, suspension of permit, and/or court action. One copy of the inspection report shall be post~d by the health officer in a conspicuous place upon an inside wall of the milk house or milk plant, and said 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 health departm.ent. Every milk producer and distributor shall, upon the request of the health, officer, permit him access to all parts of the establishment; and every distribu- tor 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 aU sources of such milk and milk products, records of inspections and tests, and pasteurization time and temperature records. ' . . .. SECTION 6. THE EXAMINATION OF MILK AND MILK PRODUCTS. During each 6 ... month perfod, at least four samples of. milk and crearp from each dairy farm, and at least four samples of milk,l(~ream,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 pasteuriza- tion, 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 6-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 treat- ment, and other laboratory and screening tests shall conform to the procedures in the latest edition of "Standard Methods for the Examination of Dairy Pro .. ducts11 recommended by the Am.erican Public Health Association, current at the time of adoption of this ordinance. 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 3 days, for determining a new average in accordance with Section 1 (S). Violation ef the grade requirements by the new average, or by any sub• sequent avera:ge during the remainder of the current 6-month period, shall ~all for immediate degrading, suspension of permit, and/ or court action, ;llllless 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 3 days,. hnmediate degrading, suspension -of permit, and/or court action shall be called for when the grade limit is violated by such additional samples, or when the grade limit is a:gainrviolated during the remainder of the current 6-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 probable cause shall be determined and corrected bEfore milk or milk products from the plant concerned again can be sold as pasteurized milk or milk products. SECTION 7,. THE GRADING OF MILKAND MILK PRODUCTS. At least once every 6 months, the health officer shall announce the ,grades of all milk and milk products delivered by all distributors and ultimately consumed within the City of Lubbock or its police jurisdiction. Grades shall be based on the following standards, the grading of milk products being identical with the grading of mil~ except that the bacterial-count . - standards shall be doubled in the case of cream and half and half, and shah be omitted in the case of sour cream., buttermilk, cultured buttermilk, and cui- - . tured milk. Vitamin D milk shall be of grade A pasteurized, grade B pasteuri- zed, or certified pasteurized quality. The grade of a milk product shall be that of the lowest grade of milk dr m_ilk'product used in its preparation. ' CERTIFIED MILK-RAW. Certified milk-raw is raw milk which conforms with the latest requirements of the American Association of Medical Milk Com- missions in force at the time of adoption of this ordinance, and which is pro- duced under the supervision of a medical milk commission reporting monthly to the State health authority or the City or County health officer of Lubbock. GRADE A RAW MILK. Grade A raw milk is raw milk produced upon dairy farms conforming with all of the following items of sanitation. The bac- terial plate count or the direct microscopic clump count of the milk shall not exceed 50, 000 per milliliter, as determined in accordance with Section 6. GRADE A RAW MILK FOR PASTEURIZATION. Grade A raw milk for pasteurization is raw milk from producer dairies conforming with the follow• ing items of sanitation, except Item 24r (Bottling and Capping), Item 25r (Per- sonnel-Health), and such portions of other item.s as are indicated therein. The bacterial plate count or the direct microscopic clump count of the milk, as delivered from the farm, shall not exceed ZOO, 000 per milliliter, as determinec in accordance with Section 6. ITEM lr. COWS-HEALTH. All milk for pasteurization shall be from herds which are located in a modified accredited tuberculosis-free area, as determined by the Bureau of Animal Industry, United States Department of Agriculture, and which have been tested for tuberculosis not more than 6 years prior to the adoption of this ordinance and at least every 6 years after such test: PROVIDED, That herds located in an area that fails to maintain such accredited status, or that ha:s an incidence of bovine tuberculosis in excess of o. Z per cent, shall have been accredited by said Bureau of Animal Industry as Tuberculosis-free, or shall have passed an annual tuberculin test. All addi- tions to such herds shall be free from tuberculosis. In the case of milk not for pasteurization, all herds and additions thereto shall be tested and found free of tuberculosis before any milk therefrom is sold, and all herds shall be retested at least every lZ months thereafter. Said tests and retests shall be made, and any reactors disposed of, in accordance with the latest require- ments approved by the Bureau of Animal Industry, United States Department of Agriculture, for tuberculosis-free, accredited herds, in effect at the time of the adoption of this ordinance. A certificate identifying each animal signed by the vete~jnarian or attested to by the health officer, and filed as directed by the hearth officer, shall be evidence of the above test. , Within five years after the adoption of this ordinance, 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. In the case of milk not for pasteurization, all herds ~d additions th~reto shall be tested and found free of brucellosis before any milk therefrom is sold, and all' .. herds shall be retested at least every 12 months thereafter·. Tests and retests shall be made, and any reactors disposed of, in accordance with the latest requirements approved by the BAI, USDA~ in effect at the time of the ----======+===-==-==============-=========================-----=====-==-=======--===-(~ P. 9 L P. 10 adoption of this ordinance. A certificate identifying each animal, signed by the v-eterinarian 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 indur- ation in one or more quarters of the udder upon physical examination, whether secreting abnormal milk or not, shall be permanently excluded from the milk- ing 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 re-examination 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 prescribe d by him, and any diseased animals or reactors shall be disposed of as be may require. ITEM 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. ITEM 3r. MILKING BARN-AIR SPACE AND VENI'ILATION. Such sec• tions 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 over-crowding. ITEM 4r. MIT .KING BARN-FI.,.OORS-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 or fowl shall be permitted in the milking' barn, stable, or parlor. If horses, dry cows, calves, or bulls should be stabled therein, they shall be confined in stalls, stanchions, or pens,. which shall be kept clean and in good repair. ITEM Sr. MILKING BARN-WALLS AND CEILlliGS. The interior walls and the ceilings of the milking barn, stable, or parlor shall be whitewashed or painted as often as may be necessary~ or finished in an approved manner, and shall be kept clean and in good r·epair. Where there is a second story above the milking barn, stable, or parlor, the ceiling shall be tight. If feed should be ground or mixed, or sweet feed should be stored in a feed room or feed• storage space which adjoins the milking space, it shall be separated therefrom by a dust-tight partition ·and door. ITEM 6r. COW YARD. The cow yard shall be graded and drained as well as is practicable, and shall be so kept that there are no standing pools of water nor accumulations of organic wastes: PROVIDED, That in loafing and/or cattle-housing areas, mantu:e droppings shall be removed, or clean bedding added, at sufficiently frequent intervals to prevent the accumulation of manure on cows• udders and flanks. Swine shall be kept out. ITEM 7r. MANURE DISPOSAL. All manure shall be removed, 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. P. 11 ITEM Sr. MILK HOUSE Q~~OOM--cONSTRUCTION AND EQUIPMENT. There shall be provided a milk/or m~lk room, in which the cooling .. handling, and storing of milk and milk products, and the washing, bactericidal treatment, and storing of milk containers and utensils1 shall be done. (a) The milk house or room shall be provided with a smooth floor, constructed of concrete or other impervious .material maintained in good repair, and graded t.o provide proper drainage. (b) It shall have walls and ceilings of such construction as to permit easy cleaning, and shall be well painted, or finished in an approved manner. {c) It shall be well lighted and well ventilated. (d) 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. (e) It shall be used for no purposes other than those specified above, except as may be approved by the health officer; it shall not open directly into a milking barn or stable, nor into any room used for domestic purposes; it shall, if the milk will be consumed raw, have water piped into it, and shall be provi- ded with adequatt!'facilities for heating water to clean utensils; and it shall be equipped with Z-compartment, stationary, wash and rinse vats, except that in the case of retail raw milk, if chemicals are employed as the principal bac- tericidal treatment, the 3-compartment type must be used, and shall, unless the milk is to be pasteurized, be partitioned to separate the handling of milk and the storage of cleaned utensils from the cleaning and other operations, which shall be so located and conducted as to prevent any contamination of the milk o.r of cleaned equipment. Section 13 shall be posted in the milk house. ITEM 9r. MILK HOUSE OR ROOM-.. CLEANLINESS AND FLIES. The floors, walls .. .ceilings, and equipment of the milk house or room shall be kept clean at all times. All necessary means for the elimination of flies shall be used. ITEM lOr. TOILET. Every dairy farm shall be provided with on~ 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. ITEM llr. WATER SUPPLY. Water for all dairy purposes shall be from a supply prQperly located, protected, and operated, and shall be easily accessible, adequate, and of a safe, sanitary quality. ITEM 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, non-absorbent, non- corrodible, non-toxic 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 qsed shall have been manufactures, packaged,. transported, and handled in a sanitary manner. ITEM 13r. UTENSILS--CLEANJNG. All multi-use containers, equip- ment, and othe.r utensils used in the hamUing, storage, or transportation of milk and milk products shall be thoroughly cleaned after each usage. ITEM 14r. UTENSILS--BACTERICIDAL TREATMENT. All multi-use containers, equiP.ment, and other utensils used in the handling, storage, or ' p _ 1 ':!. transportation of milk or milk prodtLcts shall, before each usage, be subjected effectively to an approved ba~tericidal process utilizing steam, hot water. "chemicals, or hot air. ITEM 15r. UTENSII.S;-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. ITEM 16r. UTENSilS--HANDLING. After bactericidal treatment, con- tainers and other milk and milk-product utensils shall be handled in such a: manner as to prevent contemination of any surface with which milk or milk products come into contact. ITEM 17r. MILKING--UDDERS AND TEATS--ABNORMAL MILK. Milking shall be done in the milking barn, stable, 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. ITEM 18r. MILKING--FlANKS. The flanks, bellies, and tails of all milking cows shall be free from visible dirt at the time of milking. All brush- ing shall be completed before milking commences. ITEM 19r. MILKERS' HANDS. Milkersr hands shall be washed clean, rinsed with an effective bactericidal solution, and dried with a cleantowel, 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. ITEM 20r. CLEAN CLOTHING. Milker~ and milk handlers shall wear clean outer garments while milking or handling milk, milk products, contain- ers, utensils, o.r equipment. ITEM 2lr. MILK STOOLS. Milk stools and s\,lrcingles shall be kept clean. ITEM 22r. REMOVAL OF MILK. Each pail or can of milk shall be removed immediately to the milk house or straining room. No milk shall be strained or poured in the barn, unless it is protected from flies and other con- tamination. ITEM 23r. COOLING. Milk and milk products not for pasteurization shall be cooled, immediately after completion of milking, to soo F. or less, and shall be maintained at that temperature until delivery, as determined in accordance with Section 6. Milk for pasteurization, unless delivered to a milk plant or receiving station within 2 hours after completion of milking, shall be cooled immediately to 50° F. or less and shall be maintained at that tempera- ture as determined in accordance with Section 6. until delivered. ITEM 24r. BOTTLING AND CAPPING. Milk and milk pro.ducts not fori pasteurization shall be bottled on the farm where produced. Bottling and cap- ping shall be done in a sanitary manner by means of approved equipment, and •. I P. 13 these operations shall be integral in one machine. Caps or cap stock ahall be ,purchased in sanitary containers, and shall be kept therein in a clean, dry place until used. ITEM 25r. PERSONNEL--HEALTH. The health officer, or a physician authorized by him, shall examine and take careful morbidity history of every person connected with a producer-distributor dairy, or about to be employed by one, whose work brings him into contact with the production, 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 be infected with, the organisms of typhoid or paratyphoid fever or any other communicable disease likely to be transmitted through milk, he shall obtain 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 person shall be barred from such employment. Such persons shall furnish such information, submit to such physical examinations, 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. ITEM 26r. 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 contamina- tion. All vehicles used for the distribution of milk and milk products shall have the distributorrs name prominently displayed thereon. The immediate surroundings of the dairy shall be kept in a clean, neat condition. GRADE B RAW MILK. Grade B raw milk is raw milk which does not meet the bacterial standard for Grade A raw milk, but which conforms with all other requirements, and the bacterial plate count or the direct microscopic clwnp count of which does not exceed 200, 000 per milliliter as determined in accordance with Section 6. · 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 require- ments. The bacterial plate count or the direct microscopic clump count of the milk, as delivered from the farm, shall not exceed l, 000, 000 per milliliter, as determined in accordance with Section 6. GRADE C RAW MILK. Grade C raw milk is raw milk which vi6lates any of the requirements for grade B raw milk. GRADE CRAW MILK FOR PASTEURIZATION. Grade Craw milk for pasteurization is raw milk which does not meet the requirements for grade B raw milk for pasteurization. __ ~ CERTIFIED MILK-PASTEURIZED. Certified milk-F'asteurized is certi- fre'ci milk-raw which has been pasteurized, cooled and bottled in a milk plant which conforms with the requirements for grade A pasteurized milk. P. 14 . GAADE 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 sanita- tion described below. In all cases the milk shall show efficient pasteurization as evidenced by satisfactory phosphatase test, and at no time after pasteuriza- tion and before delivery shall the milk have a bacterial plate count exceeding 30,000 per millilitert or a coliform count exceeding 10 per milliliter, as determined in accordance with Section 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 400, 000 per milliliter. The grading of a pasteurized-milk supply shall include the inspection of receiving and collecting stations~~ respect to compliance with Items lp to 15p, inclusive, and 17p, 19p, Zlp~aWd Z3p, except that the partitioning require ment of Item 5p shall not apply. ITEM 1 p. FLOORS. The floors of all rooms in which milk or milk pro- ducts 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. ITEM Zp. 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. ITEM 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. ITEM 4p. LIGHTU'lG AND VENTILATION. All rooms shall be well lighted and well ventilated. ITEM 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 pasteuri- zing room. Rooms in which milk, milk products, cleaned utensils, or con- tainers are handled or 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. ITEM 6p. TOILET FACILITIES. Every milk plant shall be provided with toilet facilities conforming with the ordinances of the City of Lubbock. Toilet rooms shall not open directly into any room in which milk, milk products, equipment, or containers a:t:.e 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 placard oh which Section 13 is printed, and a sign directing employees to wash their hands before returning to work, shall - P. 15 be posted in all toilet rooms used by employees. Where privies or. e~rth closets are permitted and used, they shall be separate from the bu1ldmg, 'and shall be of a sanitary type, located, constructed, and operated in con- formity with the requirements of Item lOr. ITEM 7p. WATER SUPPLY. The water supply shall be easily acces- sible, adequate, and of a safe, sanitary quality. ITEM Sp. 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 employee shall resume work after using the toilet room without having washed his hands. ITEM 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. ITEM lOp. 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, non- corrodible, non-toxic material; shall be so constructed and so located as to be easily cleaned; and shall be kept in good repair. All single-service con- tainers, closures, gaskets, and other articles used shall have been manufac- tured, packaged, transported, and handled in a sanitary manner. ITEM Up. DISPOSAL OF WASTES. All wastes shall be properly dis- posed of. All plumbing and equipment shall be so designed and so installed as to prevent contamination of milk equipment by backflow. ITEM 12p. CLEANING AND BACTERICIDAL TREATMENT OF CON• TAINERS 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 after each cleaning, and all equipment immediately before each usage. When empty, and before returned to a producer by a milk plant, each container shall be thoroughly cleaned and subjected to an effective, approved, bactericidal process. ITEM 13p. STORAGE OF CONTAINERS AND EQUIPMENT. After bac- tericidal 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. ITEM 14p. HANDLING OF CONTAn-.JERS AND EQUIPMENT. Between bactericidal treatment and usage, and during 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 bas 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. · ' P. 16. • ITEM lSp. 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. ITEM 16p. PASTEURIZATION. Pasteurization shall be performed as described in Section 1 (L) of this Ordinance. ITEM 17p. COOLING. All milk and mUk products received for pasteuri- zation shall be cooled immediately in approved. eq;u.ipment to 50° F. or less, and shall be maintained at that temp~rature until pasteurized, unless they are to be pasteurized within 2 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 SO~or less, and shall be maintained thereat until delivery, as determined in accordance with Section 6. ITEM l8p. BOTTLING AND PACKA.GrnG. Bottling and packaging of milk and milk products shall be done at the place of pasteurization in approved mechanical equipment. ITEM 19p. OVERFLOW MILK. Overflow milk or milk products shall not be. sold for human consumption. ITEM lOp. CAPPrnG. 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. ITE.M llp. PERSONNEL--HEALTH. The health officer, or a physician authorized by him, shall examine and take a careful morbidity history of each person connecte.d 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. H suGh 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 apprQpriate specimens of body discharges and cause them to be examined in a laboratory approved by him or by the State health authorities for such examina- tions, and, if the results justify, such persons shall be barred from such employment. Such persons shall furnish such information, submit to such physical examinations, and submit such laboratory specimens as the health officer may require for the purpose o£ 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. ITEM 22p. PERSONNEL--CLEANLINESS. All persons who come into contact with milk, milk products, containers, or equipment, shall wear clean outer garm-ents, and shall keep-their hands clean at all times while engaged in such work. ITEM l3p. VEHICLES. All vehicles used for the transportation of milk or milk products shall be constructed and operated so as to protect their • c P. 17 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, clean- ing, bactericidal treatment, stor.age, and handlin.g requirements of Item.a Sp, lOp, 12.p, 13p, and 14p. While containing milk, creamt or milk products, they shall be sealed and labeled in an approved manner. P"or each tank ship- ment, 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. GRADE£ PASTEURIZED MILK. Grade B pasteurized milk is pasteuri- zed m.ilk which does not meet the bacterial-count standard for grade A pasteurized milk, and/or the provision of lip ... cover caps of Item 2.0p. and/or the requirement that grade A raw milk f9r pasteurization 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 6. GRADE C PASTEURIZED MILK. Grade C pasteurized milk is pasteurize( milk w:hich does not meet the requirements for grade B pasteurized milk. SECTION 8. GRADES OF MILK AND MILK PRODUCTS WHICH MAY BE SOLD: From and after 12 months from the date on which this ordinance takes effect, no milk or milk products shall be sold to the final consumer, or to res- taurants, soda fountains, grocery stores, or similar establishments, except certified pasteurized and grade A pasteurized, certified raw and/ or grade A raw: PROVIDED, That when any milk distributor fails to qualify for one of the above grades, the health officer is authorized to suspend his-permit, and/or to institute court action, or, in lieu thereof, to degrade his product and to permit its sale during a temporary period not exceeding 30 days, or in emergencies such longer periods as he may deem necessary. SECTION 9. REINSTATEM."ENT OF PERMIT; SUPPLEMENTARY REGRADING: _If, at any time between regular announcementsJ~ff the grades of milk or milk products, a lower grade shall become justified, in accordance with Section 5, 6, or 7 of this ordinance, 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 permi.t bas been suspended at any time may make application for the regrading of his products or the reinsta.tem·~nt 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 wee·k, and shall approve the application upon com- pliance with the grade requirements as determined in accordance with Section 6: PROVIDED, That if samples are not available because of suspension of P. 18 permit to operate, or for other reasons, the health officer may issue a tem- porary permit upon satisfying himself, by inspection of the facilities and the 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 applica~t's 'product or the permit sus- pension had been due to a violation of an item other than bacteriological standards or cooling temperature, the said application must 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 rec~ipt of such an application and ~tatement, the health officer shall make a reinspection of the applicant's establishxnent, and thereafter as many additional rei~spections as he may deem necessary, to assure himself that the applicant is again com- plying with the higher-grade requirements, and, in case the findings justify, shall regrade the milk or milk products upward or reinstate the permit. SECTION 10. TRANSFERRING OR DIPPING MILK; DELIVERY CON- TAINERS; COOLING: QUARANTINED RESIDENCES. Except as permitted in this section, no milk producer or distributor shall transfer milk or milk pro- ducts from one container to another on the street, or in any vehicle or store, or in any place except a bottling or milk room 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 quan- tities 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 .D!l'ay be served from the original bottle or from a dispen- ser approved for such service, nor to milk ser'Ved at hospitals and institutions, which may be served from 1-quart containers packaged at a milk plant, nor to mixed milk drinks requiring less than 1/2 pint of milk, which may be poured from l•quart or Z"'quart containers packaged at a milk plant. . r,estaurant, . It shall be unlawful for any hotel, soda founta1n,/ grocery, hosp1tal, 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 50° F. or less. H 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 ntilk products are delivered to clean thoroughly the containers in which such milk or milk pro- ducts 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 health officer. SECTION 11. MILK AND MILK PRODUCTS FROM POINTS BEYOND THE LIMITS OF ROUTINE INSPE.CTION. Milk_ and milk products from points r . ·. u I P. 19 beyond the limits of routine inspection of the City of Lubbock may not be sold in the City of Lubbock, or its police jurisdiction, unless produced and/or pasteurized under provisions which are substantially equivalent to the require- ments of this Ordinance, and which are enforced with equal effectiveness, as determined by a milk-sanitation rating. SECTION ll. FUTURE DAffiiES AND MILK PLANTS. All dairies and milk plants from which milk or milk products are supplied to the City of Lubbock, which are hereafter constructed, recGnstructed, or extensively altered, shall conform in their construction to the grade A reqwrements of this ordinance. Properly-prepared plans for all dairies and milk plants, which are hereafter constructed, reconstructed, or extensively altered, shall be submitted to the health officer for approval before work is begun. In the case of milk plants, signed approval shall be obtained from the health offi-cer and/ or the State health authority. SECTION 13. 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 pro- ducts, containers, or equipment; and no dairy farm or milk plant shall employ in any such capacity any such person, or any persons 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 health officer immediately. SECTION 14. PROCEDURE WHEN INFECTION IS SUSPECTED. When reasonable cau.se 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: (l) the immediate exclusion of that person from m.ilk handling; (2) the immedi- ate exclusion of the milk supply concerned from distribution and use; and (3) adequate medical and bacteriological exam-ination of the person. of his associ- ates, and of his and their body discharges. SECTION 15. ENFORCEMENT INTERPRETATION. This ordinance shall be enforced by the health officer in accordance with the interpretations thereof contained in MILK ORDINANCE AND CODE-... 1953 RECOMMENDATIONS OF THE PUBLIC HEALTH SERVICE,_ a certified copy 0£ which shall be on file in the City Secretary•s Office. SECTION 16. PENALTY. Any person who shall violate any provision of this ordinance shall be fined not more than Two Hundred Dollars ($260) at the discretion of the court. Each and every violation of the provisions of this ordinance shall c-onstitute a separate offense. SECT~ON 17.. REPEAL AND DATE OF EFFECT. All ordinances and parts of ordinances in conflict with this -ordinance are hereby repealed, and this ordinance shall be 4.n full force and effect immediately upon its adoption and its publication, as provided by law. Ordinances Nos. 672 and 691 are expressly repealed hereby and the City Secretary shall so note on the margin of these ordinances in the Ordinance Book. ' P. 20 SECTION 18. UNCONSTITUTIONALITY CLAUSE. Should any section, paragraph .. sentence, clause,, or phrase of this ordinance be declared uncon- stitutional or invalid for any reason, the remainder of said ordinance shall not be affected thereby • . -_ SECTION 19. The City Secretary is hereby directed to publish the des- criptive caption of this ordinance, together with the penalty clause, as provided by law. AND IT IS SO ORDERED. On motion of Commissioner --~C""a.:rn~en~t.::::e.:.r ___ , seconded by Commis ... sioner ______ ..,M,..ow..r...,r...,:ts _____ , this Ordinance was passed on first reading this the l&h day of Decemb~r , 1953, by the following vote: 0 Commissioners voting "YEA": Horris, Carpenter, Hav:i.s and Hayor TripP" ~ommissioners voting 11NAY11: None On motion of Commissioner __ .... c~ar=--':Q~e:::;n~t~e~r ___ , seconded by Commis- sioner ___ D_a_VJ.S_ • ....;_ ________ 1 this Ordinance was passed on second reading this the 22nd day of __ D_e_c_emb __ e_r ____ , 1953, by the following vote: Commissioners voting "YEA": ,,.ro • C t D · .1•JJ rrl.S, arpen er, ans and :t-fayor Tripp Commissioners voting ''NAY": None ! ATMT· Lave ia Lowe, -Ji. Secretary-Treasurer __ ~UL ~--------- SG:sv 10-6-53 ~I I