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HomeMy WebLinkAboutOrdinance - 5142-1966 - Amending Chapter 17 Texas Milk Grade And Labeling Laws. - 11/22/1966_ ==tt=T=B=:E=L=W===============:!l~l-=i12,...2~_=(;"'::q~UJ~,------o::===="== I2-O0-19 ltZI l',i- ORDINANCE NO. 5142 --==----- AN ORDINANCE AMENDING CHAPTER 17 OF THE CODE OF ORDINANCES, CITY OF LUBBOCK,. TEXAS,, AND PROVIDING FOR THE REGL'LATION OF THE PRODUCTION., TRANSPORTATION., PROCESSING., HANDLING., SAMPLING., . \.t' EXAMINATION, GRADING., LABELING., AND SALE OF MILK AND MILK PROD- " UCTS,. THE INSPECTION OF DAIRY HERDS-' DAIRY FARMS AND MILK PLANTS,. THE ISSUING AND REVOCATION OF PERMITS TO MILK PRODUCERS"' HAULERS AND DISTRIBUTORS~ THE FIXING OF PENALTIES, AND AUTHORIZING PUBLI- CATION OF THIS CAPTION., TOGETHER WITH PENALTY CLAUSE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT Chapter 17 of the Lubbock City Code BE and the same is hereby amended to read as follows: CHAPTER 17 MILK AND MILK PRODUCTS 11Section 17. 1. Texas Milk Grading and Labeling Law ... Adopted. The production., transportation. processing, handling, sampling, examination# grading, labeling, and sale of all milk and milk pro- ducts sold for the ultimate consumption within the City of Lubbock or its police jurisdiction; the inspection of dairy herds, dairy farms, and milk plants; the issuing and revocation of permits to milk pro- ducers, haulers, and distributors shall be regulated in accordance with the provisions of the Texas Milk Grading and Labeling Law and the Texas Specifications and Requirements, thereunder authorized, promulgated and certified to by the State Health Commissioner, and the applicable provisions of the 1965 Public Health Service Milk Ord .. inance and Code, Public Health Service Publication No. 229. Certi- fied copies of the above, which are hereby adopted by reference, shall be filed in the office of the City Secretary and the City-County Health Department: Provided, That Section 3 and 9 of said Texas Specifications and Requirements shall hereafter read as set out herein. "Section 17. 2. Section 3 of the Texas Specifications and Requirements shall read as provided by Sections 17. 2 ... 1 through 17. 2-7 herein: "Section 17. 2-1. Permits -Generally. It shall be unlawful for any person to bring into, send into, or receive into the City of Lubbock or its police jurisdiction, for sale, or to sell., or offer for sale therein, or to have in storage where milk or milk products are sold or served, any milk or milk products defined in this chapter, who does not possess a permit from the health officer of the City of Lubbock. 11S ection 17. 2-2. Same ... For Producers. Every milk producer., producer ... distributor., or owner of a dairy or dairy farm., whether a person., firm, association or corporation., shall make appli- cation 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 advance a permit fee, the amount of which shall be as follows: For from one to five cows, $2. 60; 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 chapter. 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 chapter 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 chapter. 11Section 17. 2-3. Same -For Distributors and Plants. Every milk distributor., producer-distributor or operator of a milk plant., whether operated by an individual or as a firm., association., 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 Of!;eer., for a permit to distribute milk and to operate and do business in the C ity of Lubbock as a milk distributor or milk plants 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 year1s output, and as established in advance and shall be in the sum of $10. 00 for the first 25 gal- lons or less for such average daily output and an additional fee of $1. 00 for eac 25 gallons or fraction thereof in excess of said first 25 gallons computed on the basis of the average daily output as hereinbefore stated. Such fee shall be due and payable on the first day of May of each year 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 business in the City of Lubbock under the terms of this chapter. Such permit shall entitle said milk distribu- tor to distribute milk and do business in accordance with the provisions of this chapter and unless revoked shall continue in full force for a period of one year., beginning on the first day of May of each year and terminating at midnight April 30th of each year. Such permits 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 of this chapter. I "Section 17, 2--4. Same ... For Persons Operating as Both Producer and Distributor. In the event that any person., firm or corporation shall operate both as a milk producer and as a milk distributor 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 permitted to engage in such milk production and milk distribution. 11Section 17. 2 ... 5. Same ... For Sale of Grade A Raw Milk. 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 authorizing 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 City Council. "Section 17. 2 .... 6. Same .. Prorating of fees. Any person., firm, association, partnership or corporation making an application for a permit to do business in the City of Lubbock as a milk producer or milk distributor after May 1st of each year, shall pay the permit fee as provided in Section 17. 2-2 and 17. 2-3 of the Code on a prorate basis, based upon the number of month.s -remaining before the next due date for the payment of annual permit fees. "Section 17. 2-7. Same .. Suspension and Revocation Generaliy. The health authority shall suspend such permit, whenever he has reason to believe that a public health hazard exists; or ;whenever the permit holder has violated any of the requirements of this chapter or whenever the permit holder has interfered with the health authority in the perform- ance of his duties: Provided, that the health authority shall, in all cases, serve upon the holder a written notice of intent to suspend permit, which notice shall specify with particularity the violations in question and afford the holder such reasonable opportunity to correct such violation( s) before making any order of suspension effective: Provided further,. that where the milk or milk product involved creates, or appears to create, an imminent hazard to the public health; or in any case of a willful refusal to permit authorized inspection; or when the bacterial counts,, coliform determinations, or cooling temperatures are in violation of the applicable requirements of Section 6 or Section ll of the Texas Specifica- tions and Requirements, the health authority shall immediately suspend such permit. A suspension of permit shall remain in effect until the violation has been corrected to the satisfaction of the health authority. I· I Upon written application of any person whose permit has been suspended, or upon application within 48 hours of any person who has been served with a notice or intention to suspend, the health authority shall within 7 2 hours proceed to a hearing to ascerta,in the facts of such violation or interference 1m-~ upon evidence pre- sented at such hearing shall affirm> modify., or rescind the sus- pension. Upon repeated violation{s)., the health authority may revoke such permit following reasonable notice to the permit holder and an opportunity for a hearing. This section is not intended to pre ... elude the institution of court action as provided in Sections 5 and 6 of the Texas Specifications and Requirements. 11Section 17. 3. Section 9 of the Texas Specifications and Requirements shall read as provided by Section 17. 3-1 herein: "Section 17. 3-1. Milk and Milk Products Which May Be Sold. From and after the date on which this ordinance is adopted, only Grade A Pasteurized milk and milk products shall be sold to the final consumer, or to restaurants, soda fountains, grocery stores, or similar establishments: Provided, that in an emergency the sale of pasteurized milk and milk products which have not been graded, or the grade of which is unknown, may be authorized by the health authority; in which case, such milk and milk products shall be labeled 1ungraded t. 11Section 17. 4. Penalty. Any person who shall violate any of the provisions of this Chapter shall be guilty of a misdemeanor and, upon conviction thereof> shall be punished by a fine of not more than $200. 00 and/ or such persons may be enjoined from continuing such violations. Each day upon which such violation occurs shall constitute a separate violation. 11 SECTION 2. All ordinances and parts of ordinances in conflict with this ordinance, shall be repealed after the adoption of this ordinance, at which time this ordinance shall be in full force and effect, as pro- vided by law. \ SECTION 3. If any section., paragraph., sentence., clause, phrase., word or other part of this ordinance or the application thereof to any person or circumstance shall be held to be invalid or unconstitutional, the same shall not affect any other section., paragraph.,· sentence, clause., phrase., word1 or other part hereof or the application thereof to other persons or circumstances. SECTION 4. The City Secretary is hereby directed to publish the descriptive caption of this ordinance together with the penalty clause., as provided by law. AND IT IS SO ORDERED. Passed by the City Council on first reading this 22nd day of November , 1966. Passed by the City Council on second reading this 8th day of December ., 1966 ATTEST: L APPROVED: