HomeMy WebLinkAboutOrdinance - 7239-1976 - Amending Ch. 17, Entitled "Milk And Milk Productgs" By Amending Section 17-1 - 04/21/1976KJ:lb
ORDINANCE NO. 7239
AN ORDINANCE AMENDING CHAPTER 1 7 OF THE CODE OF ORDI-
NANCES. CITY OF LUBBOCK. ENTITLED 0 MILK AND MILK PRODUCTS"
BY AMENDING SECTION 1 7-1 THEREOF GOVERNING MILK GRADING AND
LABELING; AMENDING SECTION 17-2 THEREOF PROVIDING FOR PERMIT ;
PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION.
WHEREAS. the City Council,. after receiving the recommendations
of the City-County Board of Health, has determined that the following changes
would be in the best interest of the citizens of Lubbock; NOW THEREFORE:
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
SECTION 1. THAT Chapter 17 of the Code of Ordinances, City of
Lubbock, entitled 0 Milk and Milk Products"., BE and is hereby amended by
amending sections 17-1 and 17-2 thereof to read as follows:
Sec. 17-1. Texas Milk Grading and Labeling Law-Adopted.
The production, transportation, processing., handlingjl
sampling., examinationi, gradingi, labeling, and sale of all
milk and milk products sold for the ultimate consumption
within the City of Lubbock or its police jurisdiction; the
inspection of dairy herds, dairy farms., receiving stations,
transfer stations, and milk plants; the issuing and revoca-
tion of permits to milk producers, haulers., and distribu-
tors 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 commission-
er., and the applicable provisions of the 1965 Public Health
Service Miik Ordinance and Code., Public Health Service
Publication No. 229. Certified 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.
Sec. 17-2. Same-Amendments.
Section 3 of the Texas Specifications and Requirements
shall read as provided herein:
{A) PERMITS, GENERALLY.
"It shall be unlawful for any person to bring intoi,
send into., or receive into the City of Lubbock
or its police jurisdictioni, for sale, or to selli,
or offer for sale thereini, or to have in storage
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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. 0
(B) PERMITS FOR PRODUCERS
"Every milk producer., or owner of a dairy or _
dairy farm., whether a person., firm., associ-
ation or corporation, 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 advance a permit fee
of $25. 00; and upon the payment of such fee
the applicant shall receive his permit in writ-
ing 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., 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 June of each year and terminating
at midnight May 31st of each year. The permit
shall be nontransferable as to persons and/ or
locations and shall be annually renewed on the
1st day of June 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. 11
(C) PERMITS FOR DISTRIBUTORS AND PLANTS
11Every milk distributor.., or operator of a milk plant.,
whether operated by an individual or firm., asso-
ciation_., partnership_., or corporation_., shall make
an application in writing to the City Health Officer
of the City of Lubbock upon forms prescribed and
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furnished by said City Health Officer., for a
permit to distribute milk and to operate and
do business in the City of Lubbock as a milk
distributor or milk plant., and shall pay there-
for in advance a permit fee as follows: $600. 00
for plants within Lubbock County; $300. 00 for
plants located outside of Lubbock County. Each
fee shall be due and payable on the first day of
June of each year at the office of the City Health
Officer, and upon p ayment 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 distributor to dis-
tribute milk and do business in accordance with
the provisions of this c hapter and unless revoked
shall continue in full force for a period of one
year., beginning on the first day of June of each
year and terminating at midnight May 31st of
each year. Such permits shall be nontransferable
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. 11
(D) PERMITS FOR RECEIVING STATIONS., TRANSFER
STATIONS., AND/OR BULK TANK UNITS.
1 'Every operator of a receiving station, transfer station,
and/or bulk tank unit., whether operated by an.indi-
vidual 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 saip City Health
Officer., for a permit to operate or do business in
the City of Lubbock as a receiving station, transfer
station., and/or bulk tank unit., and shall pay there-
fore in advance a permit fee in the amount of $35. 00.
Each fee shall be due and payable on the first day of
June of each year at the office of the City Health
Officer, and upon payment thereof such operator
shall receive a permit in writing to do business in
the City of Lubbock under the terms of this chapter.
Such permit shall entitle said operator to do busi-
ness in accordance with the provisions of this
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chapter and unless revoked shall continue in
full force for a period of one year., beginning
on the first day of June of each year and ter-
minating at midnight May 31st of each year.
Such permits shall be nontransferable and shall
be renewed annually upon application and pay-
ment of a like sum in accordance with the terms
and subject to the terms and conditions of this
chapter."
(E) PERMITS FOR GRADE A DRY MILK PRODUCTS.
"Every Grade A Dry Milk Products Pla.11t whether
operated by an individual or as a firm., associ-
ation., partnership or corporation. shall make
an application in writing to the City Health Oificer
of the City of Lubbock upon forms prescribed and
furnished by said City Health Officer for a permit
to operate or do business in the City of Lubbock
as a plant and shall pay therefor..: in advance a
permit fee in the amount of $35. 00. Each fee
shall be due and payable on the first day of June
of each year at the office of the City Health Officer.,
and upon payment thereof such operator shall re-
ceive a permit in writing to do business in the City
of Lubbock under the terms of this chapter. Such
permit shall entitle said operator to 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
June of each year and terminanting at midnight
May 31st 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 condi-
tions of this chapter. 11
(F) SUSPENSION AND REVOCATION OF PERMITS.
"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 per-
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formance 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 oppor-
tunity 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 wilful refusal to permit author-
ized inspection; or when the bacterial counts,
coliform determinations .. or cooling temper-
atures are in violation of the applicable re-
quirements of Section 6 or Section 11 of the
Texas Specifications 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.
11Upon written application of any person whose per-
mit 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 72 hours
proceed to a hearing to ascertain the facts
of such violation or interference and upon
evidence presented at such hearing shall af-
firm, modify, or rescind the suspension.
"Upon repeated violations {s) .. the health authorit.y
may revoke such permit following reasonable
n·otice to the permit holder and an opportunity
for a hearing. This section is not intended to
preclude the institution of court action as pro-
vided in Sections 5 and 6 of the Texas Specifi-
cations and Requirements. rr
Section 9 of the Texas Specifications and Requirements
shall read as provided herein:
MILK AND MILK PRODUCTS WHICH MAY BE SOLD.
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11From 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 establishm.ents:
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 'ungraded1• 11
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SECTION 2. THAT should any section, paragraph, sentence, clause
hrase or word of this Ordinance be declared unconstitutional or invalid for
any reason, the remainder of this Ordinance shall not be affected thereby.
SECTION 3. THAT the City Secretary is hereby authorized to cause
ublication of the descriptive caption of this Ordinance as an alternative me-
od provided by law.
AND IT IS SO ORDERED.
Passed by the Council on first reading this 21st
Passed by the Council on second reading this 22nd
ATTEST:
APPROVED AS TO FORM:
day of_.cA11,1.p.L..C.L..i l.i.....-_.;' 1976
day of April , 1976