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HomeMy WebLinkAboutORDINANCE NO. 352 MILK - SIGNEDORDINANCE NO 352. AN n VIN 'CE DEFINING "3.°-ILK" AND CERTA19 "PA;1.LK PhwDU'CTS n set1LK RoDUCER," " A T=tIi;IZATION,n ETC.? PRCHISITI G THE SALE OF ADULT RMED AND ISBR.AV0ED ''ILK !M i4;1 LK P7'ODUCTS, RIE:2U!1711NIG P177JaaTs FOR VIE SALE 0 '',..ILK AND 'lILK PRODUCTS, REQUIRING THE INSPE IAA OF DAIRY FARES D MLK PLANTS, THE EXA',INATIOW, MADINO, LASELIMG, PLACARDING, PASTEU,IZATION, REGRADING, DISTRIBUTION2 AND SALE OF MILK AND WILK PRODUCTS, PROVIDING Fill; THE PUBLISFINC, _ILK GI'tADESp TIP_ Coi'dSTRUCTION OF FUTURE DAIRIES AND MEN PLANTS, HE ENF aIiCi [ NT1 OF' ThIS OnDINANCs, AND THIS FIXING 0is PENALTIES. BE IT ORDAINED BY ThE DAYOR AND COUNCIL OF THE CITY OF R XBURG, IDAHO, AS FOLLOWS 6TIC- 1. Definitnion The following definitions shall apply- in the interpretation an ti, enforcement of this ordinance- A. Lilk. - 'bilk is hereby defined to be the lacteal secretion obtained by the complete milking of one or rare healthy corms, excluding that obtained within 15 days before:. and 5 days after calving, or such longer period as may be necessary to render the milk practically colostrum free, which contains not less than G per cent of milk solids not fat, and not less than A percent of mill: fat. B. hilk fat or butter fat. - bilk fat or butter fat is the fat of milk. C. Cream and sour cream. - Crean is a portion of milk which contains not less than 18 percent milk fat. Sour cream is cream the acidity of which is moim than 0.20 percent' expxnessed as lactic acid. D. Skimmned milk. w Skimmed mill: is :milk from which a sufficient portion of milk fat has been removed to reduce its milk -fat percentage to less than 3e percent. E. Lill: or skimmed -milk beverage. - A milk beverage or a skimmed-milk beverage is a food co*npound or confection consisting of milk or skimmed milk, as the case may be, to which has been added a sirup or flavor consisting of wholesome ingredients. F. Buttermilk. - Buttermilk is a product resulting from the churning of ;Wilk or cream, or from the souring, or treatment by a lactic acid or other culture of milk, slimmed milk, reconstituted skimmed milk, evaporated or condensed milk or skimmed milk, or milk or skimmed-milk powder. It contains not less than 8 percent of milk solids not fat. G. Vitamin D. milk. - Gitaain D Yllk is iai_lk the vitamin D content of which has been increased by a method and in an amount approved by the health officer. '3 H. Reconstituted or recombined mill: and cream.. Reconstituted or recombined milk is a product resulting from the recombining of milk constituents with C=rater, and which complies with the standards for milk fat and solids not fat of milk as defined herein. Reconstituted or recombined cream is a product resulting from the combination of dried cream, butter, or butter fat with cream, milk, skimmed milk, or water. I. Goat milk. - Seat mills is the lacteal secretion, free from colos- trum, Ibtained by the complete MIME of healthy goats, and shall comply z�ith�lne requirements of this ordinance. The word "cows" shall be interpreted to include goats. J. Homogenized milk. - Homogenized milk is ;pill: which has been treated in such manner as to insure break -up of the fat globules to such an extent that after 46 hours storage no visible cream separation occurs on the milk and the fat percentage of the top 100 cc. of milk in a quart bottle, or of proportionate volumes in containers of other sizes, does not differ by more than 5 percent of itself from the fat percentage of the remaininE milk as determined after thorough mixing. K. Milk products. - LsIlk products shall be taken to mean and include cream, sour cream, homogenized milk, goat milk,, vitamin D milk, buttermilk, skimmed milk, reconstituted or recombined milk and cream, milk beverages, skimmed -milk beverages, and any other product made by the addition of any substance to milk or any of these products and used for similar purposes and designated as a milk product by -the health officer. L. Pasteurization. - The terms PB pasteurizationg(' "pasteurized,'1 and similar terms shall be taken to refer to the process of heating every particle of milli: or milk products to at least 1430F., and holding at such temperature for at least 30 minutes, or to at least 1600 F., and hold- ing at such temperature for at least 15 seconds, in approved and properly operated equipment: Provided, that nothing, contained in this defini ion shall be construed as disbarring any other process which has been demonstrated to be equally efficient and is approved by the State health authority. M. Adulterated milk and milk products. - Any milk or milk product which contains any urrviliolesome substance, or which if defined in this ordinance does not conform with this definition, or which carries a grade label unless such grade label has been awarded by the health officer and not revoked, shall be deemed adulterated and misbranded. N. Ulk producer. - A milk producer is any person viho owns or controls one or more cows a part or all of the milk or mill; products from which is sold or offered for sale. 0. Milk distributor . - A mills distributor is any person who offers for sale,, or sells to another any milk or milk products for human consumption as such. P. Dairy or dairy farm.- A dairy or dairy farm is any place or premises where one or more cows are kept, a part or all of the mills or milk products from which is sold or offered for sale. Q. Milk plant. - A milk plant is any place or premises or establish- ment where milk or mills products are collected, handled, processed, stored, bottled,,pasteurized, or prepared for distribution. R. Health officer. - The term "health officer" shall mean the health authority of the city of Rexburg, Idaho, or his authorized representative. S. Average bacterial plate count, direct microscopic count, reduction time, and cooling temperature. - Average bacterial plate count and average direct microscopic count shall be taken to mean the logarithmic average, and average reduction time and average cooling temperature shall be taken to mean the arithmetic average, of the respective results of the last four consecutive samples, taken upon separate days, irrespective of the date of grading or regrading. T. Grading period. - The grading period shall be such period of time as the health officer may designate -within which grades shall be determined for all milk and milk products, provided that the grading period shall in no case exceed 6 months. 11. Person. - The word "person" as used in this ordinance shall mean itperson', firm, corporation, or association." V. And /or. - 'Viliere the term "and /or" is used "and" shall apply where possible, otherviise "or" shall apply. 0 -(J, v s` <, 5C C -2- The sale of aduiter ted.A.- mIsbrandodzwa; gpgradp- o ilk y�roducts Drohibit�d. Ido person shat within the city of Rexburg, Idaho, 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 un7.Mwful for any person, elsewhere than in a private home, to have in possession any adulterated, misbranded, or ungraded milk or milk product. o-;d, It shall be unlawful for any person to bring into or receive into the city of Rexburg, Idaho, 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 product defined in this ordinance, who does not possess a permit from the health officer of the city of Rexburg, Idaho. Only a person who complies with the requirements of this ordinance shall be entitled to receive and retain such a permit. Such a permit may be suspended by the health officer, or revoked after an opportunity for a hearing by the health officer, upon the violation by the holder of any of the terms of this ordinance. --;-FJ. 5,, ri 0-22) -q- -Set----4- Labelinz and u).aca . — All bottles, cans, packages, and other containers enclosing milk or any milk product defined in this ordinance shall be plainly labeled or marked with (1) the name of the contents as liven in the definitions in this (ordinance; (2) the grade of the contents; (3) the word "pasteurized" only if the':. contents have been pasteurized; (4) the word "raw" only if the contents are raw; (5) °the phrase "for pasteurizationEB if the contents are to be pasteurized; (G) the name of the producer if the contents are raw, and the name of the p lant at which the contents were pasteurized, if the contents are pasteurized; and (7) in the case of vitamin D milk, the designation "Vitamin D Milk" and the source of the vitamin D. The label or mark shall be in letters of a size, kind, and color approved by the health officer and shall contain no marks or words which are misleading. Every restaurant, cafe, soda fountain, or other establishment serving milk or milk products shall display at all times, in a place designated by the health officer, a notice approved by the health officer, stating the lowest grade of milk and /or milk products served. c� <9, `� =��o, a1 8 -au5- Se stion4. Inspection of dair Earns and mill __plants for the purpose of radinnor m radio _ At least once during each grading period 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 Rexburg, Idaho, or its police jurisdiction. In case the health officer discovers the violation of any item of sanitation, he shall make a second inspection after a lapse of such time as he deems necessary for the defect to be remedied, but not before the lapse of 3 days; and the second inspection shall be used in determining the grade of mill: and /or milk products. Any violation of the same item of this ordinance on two consecutive inspections shall call for immediate degrading. One copy of the inspection report shall be posted by the health officer in a conspicuous place upon an inside wall of one of the dairy farm or milk plant buildings, and said inspection report shall not be defaced or removed by any person excel_t the health officer. Another copy of the inspection report shall be filed with the records of the health department. -F_ d4,, ; , The examination of milk and milk R,roducts. — During each grading period at least four samples of milk and cream from each dairy Earn and each milk plant shall be taken on separate days and examined by the health officer. Samples of other milk products may be taken and examined by the health officer as often as he deems necessary. Samples of milk and milk —3— 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. Bacterial plate counts and direct miscrosopic counts shall be made in conformity with the regulations of the health officer (or board of health) Examinations may 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 uunformi.ty with the regulations of the health officer (or board of health) . Samples may be taken by the health officer at any time prior to the final delivery of the Milk or milk products. All proprietors of stores, cafes, restaurants, soda fountains, and other similar places shall furnish the health officer,, upon his request, with the names of all distributors from whom their milk and milk products are obtained. Bio- assays of the vitamin D content of vitamin D milk shall be made when required by the health officer in a laboratory approved by him for such examinations. Whenever the average bacterial count, the average reduction time, or the average cooling temperature falls 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 lanse of 3 days, for determining a new average in accordance with section 1 (5)p Violation of the grade requirement by the new average or by any subsequent average during the remainder of the current grading period shall call for immediate degrading or suspension of the permit, unless the last individual result is within the grade limit. S r � n' tX frees --7. The _gradiU of milk and ;v lk products. - At least once every 6 months the haalth officer shall announce the grades of all milk and milk products delivered by all producers or distributors and ultimately consumed within the city of Rexburg, Idaho, or its police jurisdiction. Said grades shall be based upon the following standards, the grading of milk products being identical with the grading of milk except that the bacterial standards shall be doubled in the case of cream, and witted in the case of sour cream and butter -milk. Vitamin D rrilk shall be only of grade A or grade B pasteurized, certified, or grade A raw quality. Certified milk -raw. - Certified milk-raw is raw milk which conforms with the requirements of the health officer (or board of health), in force at the time of production and is produced under supervision of a medical mi Lc commission and of the State board of health or of the city or county health officer. Grade A raw milk. - Grade A raw milk is raw milk the average bacterial plate count of which as determined under sections 1 (S) and b of this ordinance does not exceed 503000 per cubic centimeter, or the average direct miscroscopic count of which does does not exceed 50,000 per cubic centimeter if clumps are counted or 200,000 per cubic centimeter if individual organisms are counted, or the average reduction time of which is not less than 8 hours: Provided, That if it is to be pasteurized the corresponding 'limits shall be 200,000 per cubic cents meter, 200,000 per cubic centimeter, 800,000 per cubicasntimeter, and 6 hours, respectively; and which is produced upon dairy farms conforming with all of the following items of sanitation. Item Ir. Cows, tuberculosis and other diseases. - Except as provided hereinafter, a tuberculin test of all herds and additions thereto shall be made before any 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 reactors disposed of in accordance with the requirements approved by the health officer (or board of health), for accredited herds. A certificate signed by the veterinarian or attested to by the health officer and filed with the health officer shall be evidence of the above testa Provided, That in modified accredited counties in which the modified accredited area plan is applied to the dairy herda the -4- modified accredited area system approved by the health officer (or board of health), shallbe accepted in lieu of annual testing. Within six months after the adoption of this ordinance all milk and milk products consumed raw shall be from herds or additions thereto which have been found free from Bang's disease, as shown by blood serum tests for agg;lutini.ns against Brucella abortus made in a laboratory approved by the health officer. All such herds shall be retested at least every 12 months and all reactors removed from the herd. A certificate identifying each animal by number, and signed by the laboratory making the test, shall be evidence of the above test. Cord's ani.ch show an extensive or entire induration of one or more quarters of the udder upon physical examination, whether secreting abnormal milk or not, shall be permanently excluded from the milking herd. Cows giving bloody, stringy, or otheravise abnormal : lk, but with only slight 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 examd nations as the health officer may require shall be made at intervals and by methods prescribed by him, and arry diseased animals or reactors shall be disposed of as he may require. Item 2r. Dairy barn, lighting. - A dairy or milking barn shall be required and in such sections thereof where cows are milked windows shall be provided and kept clean and so arranged as to insure adequate light properly distributed, and when necessary shall be provided -pith adequate supplementary artificial light. Item 3r. Dairy barns air space and ventilation. - Such sections of all dairy barns where cows are kept or milked shall be well ventilated and shall be so arranged as to avoid overcrowding. Item 4r. Dairy barn, floors. - The floors and putters of such parts of all dairy barns in which cows are milked shall be constructed of concrete or other approved impervious and easily cleaned material, provided that if the milk is to be pasteurized tight wood may be used, shall be graded to drain properly, and shall be kept clean and in good repair. Nc . horses, pins, fowl, calves, etc, shall be permitted in parts of the barn used for mUkine. Item 5r. Dairy barn, wails and ceilings. - The vialls and ceilings of all dairy barns shall be whitewashed once each year or painted once every 2 years, or oftener, if necessary, or finished in an approved manner, and shall be kept clean and in !good repair. In case there is a second story above that part of the barn in which cows are milked, the ceiling shall be tight. If the feed room adjoins the milking ,:space, it shall be separated therefrom by a dust -tight partition and door. No feed shallibe stored in the milking portion of the barn. Item 6r. Dairy barn, coYdyard. - All cowyards shall be graded and drained as well as practicable and kept clear. Item 7r. ?. inure disposal. - All manure shall be removed and stored or disposed of in such manner as best to prevent the breeding of flies therein or the access of cows to piles thereof. Item Sr. Milk house or room, construction. - There shall be provided a milk house or milk room in which the cooling, handling, and storing of milk and milk products and the washing, bactericidal treatment, and storing of milk containers and utensils shall be done. (a) The milk house or room shall be provided with tight floor constructed of concrete or other Impervious material, in good repair, and graded to 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 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) -5- It shallis used for no other purposes than those specified above except as may be approved by the health officer; shall not open directly into a stable or into any room used for domestic purposes; shall, unless the milk is to be pasteurized, have hater piped into it; shall be provided with adlyate facilities for the heating of mater for the cleaning of utensils; shall be equipped with two - compartment stationary wash and rinse vats, except that in the case of retail raw milk, if ehbrine is employed as the principal bactericidal treatment, the three- 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 cleansed utensils from the cleaning and other operations, which shall be so located and 'conducted as to prevent alga contamination of the allk or of cleaned equipment. Item 9r. OR 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 means necessary for the elimination of flies shall be used. Item 10r. Toilet. -.Every dairy farm shall be provided with one 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 or contaminate any :rater supply. Item Ilr. hater supply. - The water supply for the milk room and dairy barn shall be properly located, constructed, and operated, and shall be easily accessible, adequate, and of a safe sanitary quality. Item 12r. Utensils, construction. - All multi -use containers or other utensils used in the handling, storage, or transportation of milk or milk products must be made of smooth nonabsorbent material and of such construction as to be easily cleaned, and most be in good repair. Joints and seems shall be soldered flush. Woven wire cloth shall not be used for straining milk. All milk pails shall be of a small mouth design approved by the health officer. The manufacture, packing, transportation, and handling of single - service containers and container caps and covers shallibe conducted in a sanitary manner. Item 13r. Utensils, cleaning. - All multi -gyp@ containers, equipment, and other utensils used in the Handling, storage, or transportation of milk and milk products must be thoroughly cleaned after each usage. Item l r. Utensils, bactericidal treatment. - All multi -aase containers, equipment, and other unennsils used in the handling, storage, or transportation of milk or milk products shall between each usage be subjected to an approved bactericidal process with steam, hot water, chlorine, or hot air. Item 15r. Utensils, storage.- All containers and other utensils used in the handling, storage, or transportation of milk or milk products shall be stored so as not to become contaminated before being used. Item 16r. Utensils, handling;. - After bactericidal treatment no container or other milk or milk product utensil shall be handled in such manner as to permit any part of any person or his clothing to come in contact with any surface with tirriich milk or milk products come in contact. Item 17r. Milking, udders and teats, abnormal milk. - The udders and teats of all mincing cows shall be clean and rinsed with a bacteri- cidal 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 -6- milking coves shall be free from visible dirt at the time of milking. Item 19r. Ni"lkers' hands. — E- ilkers' hands shall be clean, rinsed with a bactericidal solution, and dried with a clean towel immediately before milking and following any interruption in the milking operation. Viet-hand milking is prohibited. Convenient facilities shall be provided for the crashing of milkers' hands. Item 20r. Clean clothing. - ;Milkers and milk handlers shall vrear clean outer garments while milking or handling milk, milk products, containers, utensils, or equipment. J Item 21r, a`i.lk stools. - ilk stools shall be kept clean. Item 22r. Removal of milk. - Each pail of milk shall be removed immediately to the milk house or straining room. No milk shall be strained or poured in the dairy barn. Item 23r. Cooling. - Milk must be cooled immediately after completion of milking to 500F. or less, and maintained at the average temperature, as defined in section 1 (S), until delivery. If milk is delivered to a milk plant or receiving station for pasteurization or separation, it must be delivered vvithi.n 2 hours after completion of milking or cooled at 700 F. or less and maintained at that average temperature until delivered. Item 241'. Bottling and capping. - Milk and milk products shall be }rattled from a container with a readily cleanable valve, or by means of an approved bottling machine, Bottles shall be capped by machine. Caps or cap stock shall be purchased in sanitary containers and 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 a careful morbidity history of every person connected with a retail raw dairy, or about to be employed, whose work brings him in contact with the production, handling, storage, or transportation of milk, milk products, containers, or equipment, If such examination or history suggests that such person may be a carrier of or infected pith the organisms of typhoid or paratyphoid fever or any other communicable diseases likely to be transmitted through milk, he shall secure appropriate specimens of body dis- charges and cause themto be examined in a laboratory approved by him or by the State health authorities for such examinations, 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. Item 26 r. 14iscellaneous. - All vehicles used for the transportation of milk or milk products shall be so constructed and'epera,ted as to protect their contents from the sun and from contamination. All vehicles used for the transportation of milk or milk products in their final delivery containers shall be constructed with permanent tops and with permanent or roll -down sides and back, provided that openings of the size necessary to pass the delivery man may be permitted in the sides or back for loading and unloading purposes. All vehicles shall be kept clean, and no substance capable of contaminating milk or milk products .shall be transported with milk or milk products in such manner as to permit contamination. All vehicles used for the distribution of milk or milk products shall have the name of the distributor prominently displayed. M The immediate surroundings of the dairy shall be kept in a neat and clean condition. Brade B raw milk. — Grade B raw milk is raw milk which violates the bacterial standard and/or the abortion testing requirements for grade A raw milkp but -rihich conforms with all other requirements for grade A ram, milk, and has an average bacterial plate count not exceeding 1p000,000 per cubib centimeter, or an average direct microscopic count not exceeding 1,000,000 per cubic centimeter if clumps are counted or 4 OOOpOOO Der cul)Jo centimeter ifindividua� organisms are counted, or an average reduction time of not less than 3i hours as determined under sections I (S) and 6. Grade C raw milk. — Grade 0 raw milk is raw milk which violates any of the requirements for grade B raw milk. Certified milky- pasteurized. — Certified milk—pasteurized is certified milk—raw which has been Pasteurized, cooled, and bottled in 2 milk plant con- fonninC with the requirements for grade A pasteurized milk. Grade A pasteurized milk. — Grade A pasteurized milk is grade A raw milkq with such exceptions as- are indicated if the milk is to be pasteurized, which has been pasteurized, cooled, and bottled in a milk plant conforming with all of the following items of sanitation and the average bacterial Plate count of which at no time after pasteurization and until delivery exceeds 30p000 per cubic centimeter, as determined under sections 1 (S) and 6. The grading of a pasteurized milk supply shall include the inspection of receiving and collecting stations with respect to items In to 1 inclusive, and 17P, 19p, 22p, and 23p, except that the partitioning itionin ments of item 5p shall not apply. t g require— Item 1p. Floors. — The floors of' all rooms in which milk or milk Products 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. Item 2p. ffalls and ceilings. — Walls and ceilings of rooms in which milk or iitilk 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. Item 3p. Doors and -windows. — Unless other effective means are provided to prevent the access of flies, all openings into the outer air shall be effectively screened and doors shallbe self—closing. Item 4p. Lighting and ventilation. — All rooms shall be well lighted and ventilated. Item 5P- 1,1iscellaneous protection from contamination. — The various milk —plant operations shall be so located and conducted as to prevent any contamination of the milk or of the cleaned equipment. All means necessary for the elimination of flies shallbe used. 'There shall be separate rooms for (a) the pasteurizing, processinF ,�) cooling, and bottling operations, and (b) the washing and bactericidal treatment of containers. Cans of raw milk shall not be unloaded directly into the pasteurizing f room. Pasteurized milk or iTftlk products shall not be permitted to come in contact with equipment with ;•jhich unpasteurized milk or milk Products have been in contact, unless such equipment has first been thoroughly cleaned and subjected to bactericidal treatment. Dooms in -which milk, milk products, cleaned utensils, or containers are handled or stored shall not open directly into any stable or living quarters. The pasteurization plant shall be used for no other purposes than the processinr, of Tidlk 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 Pith the ordinances of the city of Rediuro'. Idaho. —8— I , . I Secr;--18. Unconstitutionality clause. — Should any section, paragraph, sentancep clause, or phrase of this oidinance be declared unconstitutional or -invalid, for any reason, the remainder of said ordinance shall not be affected thereby. j-rA Passed by the Council of the City of 11�exburF, Idaho, on this 12th day of September, 19145a ATTEST2 Mayor of the Cit3r of'Re-xbiTr—gIdp-ho. Clark of the City of Idaho. u