HomeMy WebLinkAboutOrdinance 2128 ORDINANCE No.
AN ORDINANCE PROVIDING RULES AND REGULATIONS
CONTROLLING THE DISTRIBUTION AND SALE OF MILK
AND MILK PRODUCTS IN THE CITY OF FORT WORTH,
TEXAS; DEFINING TEEMS; PROHIBITING THE SALE
OF ADULTERATED OR MIS-BRANDED MILK OR MILK
PRODUCTS; REGULATING THE TRANSPORTATION OF
MILK; PROVIDING FOR THE ISSUANCE AND REVOCATION
OF PERMITS TO PERSONS, FIRMS, AND CORPORATIONS
PRODUCING, HANDLING, OR DELIVERING MILS OR
MILK PRODUCTS; PROVIDING FOR T-eBKL-ING AND
PLACARDING OF RECEPTACLES AND OTHER CONTAINERS
OF MILK; PROVIDING FOR THE INSPECTION OF DAIRY
PAM, MILK PLANTS, AND THE TESTING OF MILK
AND MILK PRODUCTS; REQUIRING CERTAIN STANDARDS
OF EQUIP0M TO BE MAINTAINED BY DAIRIES AND
MILK PLANTS; PROVIDING FOR THE ISSUANCE OF
HEALTH CERTIFICATES; DETINTNG PROPER GRADES
FOR IBIILK; PROVIDING THAT THIS ORDINANCE SHALL
BE DEEMED TO BE CUMULATIVE OF ALL OTHER ORDI-
NANCES OF THE CITY OF FORT WORTH, E MM)T INBO-
FAR AS IT MAY BE IN DIRECT CONFLICT WITH THOSE
ORDINANCES; PROVIDING THAT THE HOLDING OF ANY
PORTION OF THIS ORDINANCE TO BE INVALID WILL
IN NO WAY AFFECT OTHER PROVISIONS IN SAID ORDI-
NANCE; REPEALING ORDINANCE N0. 1832; PROVIDING
A PENALTY FOR THE VIOLATION OF ANY OF THE PRO-
VISIONS OF THIS ORDINANCE; AND PROVIDING THAT
THIS ORDINANCE SHALL BE PUBLISHED IN PAS
FORK AMID SHALL TAKE EFFECT FROM AND AFTER THE
DATE OF ITS PASSAGE AND PREPARATION IN PAMPHLET
FORM AS REQUIRED BY LAW.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS:
STANDARD MILK ORDINANCE
SECTION le
Definitions
The following definitions shall apply in the interpretation and the en-
forcement of this ordinaneee
Ae MILK* -- Milk is hereby defined to be the fresh, whole, clean lacteal
secretion obtained by the complete milking of one or mcr a healthy cows, properly
fed and kept, excluding that obtained within fifteen days before and ten days
after calving, or such longer period as may be necessary to render the milk
practically colostrum free; which contains not less than eight per cent (8%)
of milk solids not fat, and not less than three and one-fourth per cent (3•-1f4%)
of milk fat.
Be MILK FAT OR BUTTER FAT. -■- Milk fat or butter fat is the fat of milk.
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Ce CREAM AND SOUR GERM. Cream is a portion of milk which contains
not lose than eighteen per cent (18%) milk fat. Sour d"am is cream the
acidity of which is more than twenty-hundredths per cent (0.200, expressed
as lactic acid*
D. SIMOMD MILK. -- Skimmed milk is milk from which a sufficient portion
of milk fat has been removed to reduce its milk fat percentage to less than
three and one-fourth per cent (3-1/4%).
E. MILK OR SKILKO MILK BEVERAGE. A milk beverage or a skimmed milk
beverage is a food compound or confection consisting of milk or skimmed milk,
as the case may be, to which has been added a syrup or flavor consisting of
wholesome ingredients.
F. BUT2ERHILK9 -- Buttermilk is a product resulting from the churning
of milk or cream, or from the souring or treatment by a lactic acid or other
culture of milk,, akimmed milks reconstituted skimmed milk, evaporated or con-
densed milk or skimmed milk, or milk of skimmed milk powder. It contains not
less than eight pew cent (8;6) of milk solids not faLt•
G. VITAMIN D. MILK. -- Vitamin D• milk is milk the Vitsmin D. content
of which has been increased by a method and in an amount approved by the health
officer.
H• RECONSTITUTED OR RECOMBINED MILK AND CREM. -« Reconstituted or re-
combined milk is a product resulting from the recombining of milk constituents
with water. Reconstituted or recombined cream is a product resulting from the
combination of dried cream, or butter fat with cream, milk, skimmed milk or
water. Reconstituted or recombined milk or cream shall conform in milk fat and
solids not fat percentages, bacterial counts and grade to the provisions of the
ordinance relating to milk and cream.
I. GOAT MILK. •-- Goat milk is the lacteal secretion, free from colestram,
obtained by the complete milking of healthy goats, and shall comply with all the
requirements of this ordinance. The word "cow" shall be interpreted to include
goats*
Zo HOMOGENIZED MILK. Homogenized milk is milk vh ich has been treated
In such manner as to insure breakup of the fat globules to such an extent that after
48 hours storage no visible cream separatien occurs on the milk and the fat percent-
age of the top 100 c.c• of milk in a quart bottle, or of proportionate volumes in
containers of other sizes, does not differ by more than fire per cent (5%) of it-
self from the fat percentage of the remaining milk as determined after thorough
mixing.
K. MILK PRODUCTS. -- Milk 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 "pasteurization," #pasteurized," and
similar terms shall be taken to refer to the process of heating every particle of
milk or milk products to at least 143 degrees 'Fahrenheit, in pasteurization ap-
paratus approved by the State health officer, and holding at such temperature for
at least thirty (30) minutes, or to at least 160 degrees Fahrenheit, and holding
at such tmporature for at least fifteen (15) seconds, in apparatus designed and
operated In accordance with specifications approved by the State health officer;
provided that nothing contained in this definition shall be construed as disbarring
any other process which has been domonatrated to be equally efficient and is approved
by the State health officer.
M. ADULTERATED MILK AND MILK PRODUCTS. -- Any milk or milk products which
contain any unwholesome substance, or which if defined in this ordinance does not
conform with its definition, or which carries a grade label unless such grade
label has boon awarded by the health officer and not revoked, shall be deemed a-
dulterated and misbranded*
No uTTK PRODUCER. -- A milk producer is any person who owns or controls one
or more cows, a part or all of the milk or milk products from which 44 sold
or offered 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*
P. DAIRY OR DAIRY FARM. -- A dairy or dairy fare 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 salep
Q& MILK PLANT. A milk plant is any place or premises or establishment
where milk or milk products are collected, handled, processed, stored, bottled,,
pasteurized, or prepared for distribution,
R. ICF CREAM* -M- Ice cream is a frozen product made from pasteurized cream
and pasteurized silk and sugar, and shall contain not lose than eight per cent (8%)
milk fate It shall not contain any preservatives, neutralizing agent, saccharin,
renovated or processed butter, fats, or oils foreign to milk or to other ingredi-
ents allowed. It may contain wholesome eggs, harmless coloring matter, flavoring$
sound clean mature fruits, and auto, pastries, and approved thickening not to
exceed five-tenths per cent (&5%)& Approved thickening is defined as wholesome
gelatine or gum tragacanth or other substances approved by the health officer.
No ice cream mix shall be manufactured outside the City of Fort Worth to be sold
or offered for sale therein either in its original form or in ice cream it thout
special permission from the health officer. Samples of ice cream shall be eol-
leeted from every manufacturer and tested in accordance with the tests approved
by the Uo 3& Department of Agriculture and the State Pure Food Division, The
establishment where ice cream shall be manufactured shall conform to all the
requirements of the City Sanitary Code&
Be REAIS`H OFFICER. The term "health officer" shall be taken to mean
the Director of Public Health and Welfare of the City of Fort Worth in person or
his authorized representative*
T. 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,
U, GRADING PWRIOD. w 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
sit months.
Y. PERSON. w- The word "person" as used in this ordinance shall mean
"person, fiv4. corporation or association."
W, AND/OR. —» Where the term wand/or" is used "and" shall apply where
possible; otherwise "or" shall apply
SECTION 2.
The Sale of Adulterated. Misbranded, Partially
Homogenized or Ungraded Milk or Milk Products
Prohibited*
No person shall, within the City of Fort Worth or its police jurisdiction,
produce, sell, offer, expose for sale, or have in possession with intent to sell,
any milk or milk products which are 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 products*
The health officer shall be authorized to denature with rennet or some harm-
less coloring matter any milk or silk products found misbranded with respect to
grading or sold or distributed in violation of the requirements of this ordinance.
No person, firm or corporation shall bring into the City of Fort Worth, for
sale or delivery, or shall within the said City, sell, offer for sale, expose for
sale, dispose of, exchange, deliver or serve in any public restaurant, hotel or
eating place, or have in his possession for sale in the City any milk or milk pro—
ducts which have gone through the process of partial homogenization, viscolization,
emulsification or mechanical extension of the cream layer which will in any manner
falsify or distind the cream layer or enlarge the appearance of cream in the bottle
or container so as to make the volume of fatty substance or cream appear greater
than the normal showing or actual condition.
SECTION 3.
pemitss
It shall be unlawful for any person to bring into or receive into the City of
Fort Worth or its police jOrisdictien for sale, or to sell, or offer for sale therein,
or to have in storage where 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 Fort Worth.
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.
Seery milk producer, operator of dairy or dairy farms, as defined herein—
before under Section 10 of this ordinance, whether a person, firm, association
or corporation, shall immediately,upon the effective date of this ordinance,
make application in writing to the Director of the Department of Public Health
and Welfare upon forms prescribed and furnished by said director for a permit to
produce milk, operate, or do business as the term is hereinbefore defined in
this ordinance, in the City of Fort Worth, and shall pay therefor in advance the
sun of Sia Dollars ($6,00) and thereupon shall receive a permit in writing to pro—
duce milk, operate and do business in said City under the terms of this ordinance*
Such permit shall entitle said producer to operate and do business in accordance
with the provisions of this ordinance and, unless revoked, shall continue in force
for a period of one year, beginning and ending with the fiscal year of the City
and shall be non«transferable and shall be annually renewed upon application and
payment of a like sum in accordance with and subject to the conditions and terms of
this ordinance•
Every, milk distributor or operator of a milk plant as defined in this ordinance*
whether operated by an individual or as a firm, association,, partnership, or corporar-
tion, shall immediately, upon the effective date of this ordinance, make applica-
tion in writing to the Director of the Department of Public Health and Welfare,
upon forms prescribed and furnished by said director, for permit to distribute milk
and to operate and do business in the City of Fort Worth, as has been hereinbefore
defined in this ordinance, and shall pay therefor in advance a fee, as followes
Such fee shall be based upon the average daily amount of milk distributed computed
ever the yearts output, and as established in advance, and shall be in the sum
of Ten Dollars ($10*00) for the first twenty-five gallons or less for such aver—
age daily output, and an additional fee of $1.00 for each twenty-five gallons
or fraction thereof in excess of said first twenty-five gallons computed on the
basis of the average daily output as hereinbefore stated. Such fee shall be due
and payable on the effective date of this ordinance to the City of Fort Worth
at the office of the Director of the Department of Public Health and Welfare and,
upon payment therefor, such milk distributor shall receive a permit in writing to
distribute milk and do business in said City under the terms of this ordinance
as hereinbefore set out, and as defined herein* Such permit shall entitle said
milk distributor to distribute milk and do business in accordance with the pro-
visions of this ordinance and, unless revoked, shall continue in force for a
period of one year beginning and ending with the fiscal year of the City, and
shall be non-transferable and shall be renewed annually upon application and
payment of a like sun in accordance with and subject to the terms and conditions
of this ordinance•
In the event that any person, firm or corporation shall operate both as a
milk producer and as a milk distributor, as hereinbefore defined under the terms
of this ordinance, then such person., firm or corporation shall be required to
secure 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 distributions
SECTION 40
Labeling and Placardinao
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 given 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 pasteurization" if the contents are to be pasteurized; (6) the name of the
producer if the contents are raw, and the name of the plant at which the contents
were pasteurized if the contents are pasteurized; and (7) in 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 misleadings
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*
SECSTION 5'
Inspection of Dalry- Farms-and Milk
Plants for the Purpose of Graving
or Regrading.,
At feast 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 Fort Worth or its police jurisdictions 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 three days; and the second
inspection shall be used in determining the grade of milk 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 except the health officers Another copy of the inspection report shall be
filed with the records of the health department,
SECTION 6e
The (amination of Milk and
Milk Products
During each grading period at least four samples of milk and cream from
each dairy farm and each milk plant shall be taken on separate days and examined
by the health officers 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
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 requiree Bacterial plate counts and direct microscopic counts shall be made in
conformity with the latest standard methods recommended by the American Public
Health Association. Examinations may include such other chemical and physical
determinations as the health officer may deem necessary for the detection of adultera-
tion, these examinations to be made in accordance with the latest standard methods
of the American Public Health Association and the Association of Official Agri-
cultural Chemists* 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 De content
of Vitamin D. milk shall be made when required by the health officer in a labora-
tory 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 lapse of three days, for determining
a new average in accordance with Section 1. (Te) Violation of the grade require-
ment '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*
SECTION 7e
The ,aradina of milk and milk products.
At least once every six months the health officer shall announce the grades
of all milk and silly products delivered by all producers or distributors and
ultimately consumed within the City of Fort Worth 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 omitted in the case of sour
cream and buttermilk* Vitamin D. milk shall be only of Grade Ae or Grade Be
pasteurized, certified, or Grade A. raw quality,
Certified Milk-itaw•
Certified Ai.lk-raw is raw milk which conforms with the requirements of
the American Association of Medical Milk Commissions in force at the time of
production and is produced under the supervision of a medical milk commission
and of the State Board of Health or of the City of Fort Worth.
Grade A. Raw Milk.
Grade A. raw milk is raw milk, the average bacterial plate count of
which, as determined under Sections 1. (T) and 6 of this ordinance, does not
exceed 50 000 per cubic centinetert or the average direct microscopic count
of which does not exceed 50000 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 eight hours*
Its& lr. Cow: Tuberculosis and Other Diseases.
A physical examination and tuberculin test of ell animals
over six months of age and additions to the herd shall be made
before any milk therefrom is allowed to be sold in Fort Worth,
and at least once each twelve months thereafter, by a licensed
veterinarian approved by the Director of Health and the State
Livestock Sanitary Commission of Texas* Said tests shall be made
and any reactors disposed of in accordance with the current re-
quirements approved by the Uo S• Department of Agrioulture,
Bureau of Animal Industry for Accredited Herds&
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 Bangts disease,
as shown by blood serum tests for agglutinins against Brucella
abortus made in a laboratory approved by the health officer and
a' the State Livestock Sanitary Commission. All such herds shall be
R 1
retested at least every twelve months and all reactors removed
0 from the herd. A aertilicgte identifying each animal by number
,,,J 0160ea ay the laboratory making the test shall be evidence
of the above test*
A certificate issued by the veterinarian or attested to
by 00 � ath officer shall be the only valid evidence of such
tests•
All reacting animals to the tuberculin and Bangts tests shall
be removed from the herd at once and branded by the veterinarian
performing the tests with the letter T—B or B on the shoulder, hip
or jaw and disposed of according to the latest requirements of the
State Livestock Sanitary Commission,
The veterinarian shall examine each cow immediately after
milking in their regular stalls in the dairy barns and the dairyman
.shall furnish the necessary help to enable the veterinarian to make
a thorough examination. Particular attention must be given to the
first physical examination of the dairy herd and a careful examiner
tion shall be given to the udder to ascertain the presence of
mammary abscesses, both superficial and deep, acute streptococcic
or staphylococcic infections of either parenchymatous or interstitial
tissue of the udder, punctured wounds, sloughing wire out teats, cow
pox, leukemia, anaemia, retained placental membranes, septic metritis,
actinomycosis, cancerous growths, or any other pathological abnormality
that might in the opinion of the veterinarian and the health officer
endanger the safety and quality of the milk*
All cows showing any evidence of ill health or who secrete
bloody, stringy, thick, or milk of any abnormal appearance, taste
or smell shall be immediately discarded from the herd until complete
recovery and their milk shall be rejected for human consumption,
cows which 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;
The dairyman shall post a copy of the tuberculin test and
physical examination in a conspicuous place in the milk house*
,stem 2r. Dairy Barn: Lightiago
A dairy or milk barn shall be required,and in such sections
thereof where cows are milked four square feet of unobstructed window
space for each animal shall be provided and kept clean and so arranged
as to insure adequate light, properly distributed, and,vhen
necessary, shall be provided with adequate supplementary arti-
ficial light.
Item are Dairy Barn: Air
Space and Ventilation.
Such sections of all dairy barns where corns are ]sept
or milked shall be well ventilated and shall have at least
400 cubic feet of air space per cow and shall be so arranged
as to avoid overcrowding*
Item Ore Dairy Barn: Floors.
The floors and gutters 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; shall
0
be graded to drain properly; and shall be kept clean and in
good repair• No horses, pigs, fowls, calves, etc, shall be
permitted in parts of the barn used for milkinge
Itea 5re Dairy Barn: Walls and Ceilinaso
The walls and ceilings of all dairy barns shall be white-
washed once each year or painted once every two years, or oftener
if deemed necessary by the health officer, or shall be 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 cogs are milked, the ceiling shall be tighte If the feed
room adjoins the milking space, it shall be separated therefrom
by a dust tight partition and door. No feed shall be stored in
the milking portion of the barn,
Item bre Dairy Barn: Cow Yard.,
All cow yards shall be graded and drained as well as practi-
cable and shall be kept clean.
Item 7r. Manure Dis]2osal.
All manure shall be removed and stored or disposed of in
such manner as best to prevent the breading of flies therein or I. F
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the access of cows to piles thereof9
Item Sr. Bilk House or Rooms Constructio-no
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 donee
(a) The milk house or room shall be provided with a tight
floor constructed of concrete or other impervious material in
good repair and graded to provide proper drainage*
(b) It shall have wall& 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 includ--
outward-opening, self-closing doors, unless other effective means are
provided to prevent the entrance of flies.
(e) It shall be used for no other purposes than those speci-
fied above except as may be approved by the health officer; shall not
open directly into a stable or into any room used for domestic pur-
poses; shall, have water piped into it; shall be provided with adequate
facilities for the heating of water 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 chlorine is employed
as the principal bactericidal treatment, the three-compartment type
must be used and shall, unless the milk is to be pasteurized, be par-
titioned 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 any contamination of the milk or
of cleaned equipment.
Item 9r. Milk House or Rooms
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 and rats shall be used.
It2a 10r, Toilet.
Ivory 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 water supply
Item llr. Mater Supul4•
The water supply for the milk room and dairy barn shall be
properly located, constructed and operated, and shall be easily ac-
cessible, adequate, and of a safe sanitary quality. All storage or
supply tanks shall be adequately covered with metal or other tight
fitting material as directed by the health officer.
Item 12r. Utensils: Construction.
All multiuse containers or other utensils used in the handling,
storage or transportation of milk or milk products must be made of saooth,
nonabsorbent material and of such construction as to be easily cleaned
and must be in good repair. Joints and seams shall be soldered flush•
Woven wire clbth shall not be used for straining milks All milk
pails shall be of a small mouth design approved by the health offieer.
The maaufacture, packing, transportation and handling of single service
containers and container caps and covers shall be conducted in a sanitary
manner.
Any utensil or container not considered by the kealth officer to
meet the preceding requirements shall be condemned, rejected or tagged,
as the case may require, and a tag attached to it stating disposition to
be made of same.
Item 13r. Utensils: Cleani,in e
All multi—use containers, equipment and other utensils used
In the handling, storage or transportation of milk and milk products
must be thoroughly cleaned after each usage,
Where mechanical milking machines are used for milking cows,
such machines shall be of such type and construction that they can be
taken apart and all the parts readily cleaned and sterilized. Each
machine shall be properly cleaned after being used and no such machine
under any circumstances shall be used a second time unless it has been
so cleaned*
Item ]Are Utensils: Bactericidal
Treatment.
All multi—use containers, equipment and other utensils 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*
Items 15-re Utensils: Storwee
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 usede
Item 16rg 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
which milk or milk products come in contact.
Item 1Jr. ML4&ng: Udders and sats;
Abnormal 1111ke
The udders and teats of all milking cows shall be clean and
rinsed with a bactericidal solution at the time of miilkings The long
hairs of the udders shall be clipped in a manner approved by the health
officer# 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*
Iten 18re Milking: Flash.
The flanks, bellies and tails of all milking cows shall be
brushed before milking and shall be free from visible dirt at the
time of milking.
Item 19r. Milkerst Hands*
Milkerst 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. Wet-hand
milking is prohibited. Convenient and adequate facilities shall be
provided for the washing of milkerst hands,
Item 20re Clean Clothing•
Milkers and milk handlers shall wear clean outer garments while
milking or handling milk, milk products, containers, utensils or
equipment.
Item 21re bilk Stools.
Milk stools shall be constructed of impervious materials and
shall be kept clean.
Item 22re Remov 1 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 barns
Item ire Coolinge
Milk must be cooled immediately after completion of milking to
50 degrees Fahrenheit or less, and maintained at that average tempera-
ture, as defined in Section l.(T), until deliveryo If milk is delivered
to a milk plant or receiving station for pasteurization or separation,
it must be delivered within two hours after completion of milking or
cooled to 50 degrees Fahrenheit or less, and maintained at that average
temperature until delivered.
Item 24r, Bottling and Copping.
All milk and milk products shall be bottled and capped by means
of an approved sanitary combination bottling and capping unit, Bottles
shall be capped by machine, Caps or cap stock shall be purchased in
sanitary containers and kept therein in a clean dry puce until used.
Item 25r. Personnels Health&
The health officer or a physician authorized by him shall examine
and take a careful morbidity history of every person connected with a
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 suggested that
such person may be a carrier of or infected with the organisms of typhoid
or para-typhoid fever or any other communicable diseases likely to be
transmitted through milk, he shall secure 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 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 every six
months or as the health officer may require for the purpose of determining
freedom from infection.
stem 26r, Miscellaneous•
All vehicles used for hauling or distributing milk or milk products
in the City of Fort Worth or its police jurisdiction shall be kept neat
and clean and shall be so constructed as to protect the milk from the sun
and from contamination, The vehicle shall not be used for hauling manure,
slop or anything of an objectionable nature and distributing vehicles shall
be provided with a permanently covered top approved by the health officer.
Each vehicle used for distributing milk or milk products shall
have printed on each side in neat letters not less than three inches high
the name of the owner, person or corporation to whom the milk permit was
M
granted, the "dairy permit" and the number of the wagon or truck
if operating more than one. No other mord, mark or device in discord
with the requirements of this ordinance shall appear on the truck.
The immediate surroundings of the dairy shall be kept in a
neat, clean condition*
Grade B. Raw bilk.
Grade Be raw milk is raw milk which violates the bacterial standard and/or
the abortion testing requirement for Grade A. raw milk, but which conforms with
all other requirements for Grade A. raw milk and has an average bacterial plate
count not exceeding 2009,000 per cubic centimeter, or an average direct micro—
scopic count not exceeding 200,000 per cubic centimeter if clumps are counted,
or 800,000 per cubic centimeter if individual organisms are counted* or an
average reduction time of not less than six hours, as determined under Sections
1. (T) and 6.
Grade C. Raw Milk.
Grade C. raw milk is raw milk which violates any of the requirements for
Grade B. raw milk and which is produced upon dairy farms conforming with all of
the items of sanitation required for Grade A. raw milk except (1), (2), (3),
(4), (5), (6)s (7), (12), (14)9 (24) and (25)9 provided that cleanliness shall in
no case be omitted. Grade C. raw milk shall be used only for the manufacture of
ungraded milk products*
Certified bilk-Pasteurized.
Certified milk-pasteurized is certified milk-raw which has been pasteurized,
cooled and bottled in a milk plant conforming with the requirements for Grade A.
pasteurized milk*
Grade A. Pasteurized Milk.
Grade A. pasteurized milk is Grade A* raw milk, 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 sanita-
tion and the average bacterial plate count of which at no time after pasteurisation
and until delivery exceeds 30000 per cubic centimeter as determined under
Sections 1. (T) and b#
The grading of a pasteurized milk supply shall include the inspection of
receiving and collecting stations with respect to Items 1p to 15p, inclusive,
and 17p, 19P, 22p, and 23p, except that the partitioning requirement of Item 5P
shall not applye
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.
Iteat 2pe Malls 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•oolored surface and shall be kept clean.
Item 3,pg Doors and Window
Unless other effective means are provided to prevent the access
of flies, all openings into the outer air shall be effectively screened
and doors shall be self-closing.
Item 4p. Ilghtlgg and Ventilation•
X11 rooms shall be well lighted and ventilated.
Item 512. Miscellaneous 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 shall be used• 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
pasteurizing room. Pasteurized milk or milk products shell not be per-
mitted to come in contact with equipment with which unpasteurized milk
or milk products have been in contact, unless such equipaent has first
been thoroughly cleaned and subjected to bactericidal treatment. Rooms
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 purpose than
the processing of milk and milk products and the operations incident
thereto, except as may be approved by the health officer: Milk
shall not be tested by taste in any bottling plant, milk house, or
other place, in a manner that may render it liable to contsainationo
Item 6p. Toilet Facilities.
Every milk plant shall be provided with toilet facilities con-
foraing with the ordinances of the City of Fort Worth. Toilet rooms
shall not open directly into any room in which milk, milk products,
equipment or containers are 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. Farm pasteurization
plants shall be provided with water flush toilets and wastes shall be
disposed of by a septic tank, constructed and maintained in a manner
approved by the health officer.
Item 7p. Water Supply.
The water supply shall be easily accessible, adequate, and of a
safe, sanitary quality*
Item 8p. Handgewashinit Fae&litieee
Convenient hand-mashing facilities shall be provided including warm
running water, soap, and approved sanitary towels* The use of a common towel
is prohibited,
Item 932, Sanitary piping.
All piping used to conduct milk or milk products shell be "sanitary
milk piping" of a type which can be easily cleaned with a brush. Pas-
teurized milk and milk products shall be conducted from one piece of equipment
to another only through sanitary milk piping*
item lUp. Construction and Repair of
Containers and EauinnO&*
All multi-•use containers and equipment with which milk or milk pro-
ducts come in contact shall be constructed in such manner as to be easily
cleaned and shall be kept in good repair* The manufacture, packing, trans-
portation, and handling of singlemservice containers and container
caps and covers shall be conducted in a sanitary, manner.
Item Ure Disposal of Wastes.
All wastes shall be properly disposed of.
Item 12p• Cleaning and Bactericidal
Treatment of Containers and EQuipmente
All milk and milk products, containers and equipment, except single—
service containers, shall be thoroughly cleaned after each usage. All
containers shall be subjected to an approved bactericidal process after
each cleaning and all equipment immediately before each usage. When
empty and before being returned to a producer by a milk plant, each
container shall be effectively cleaned and subjected to bactericidal
treatment.
Item 13p. Store—me.of Coatainerm a"
;Wment e
Atter bactericidal treatment all bottles, cans and other multie-
use milk or milk products, containers and equipment shall be stored in
such manner as to be protected from contaminatione
Item age Wandling of Ooat9J2grx mad
EgniMnt e
Between bactericidal treatment and usage, and during usage, con-
tainers and equipsrent shall not be handled or operated in such manner as
to permit contamination of the milk*
Item 152e Storage of One, Parchment Paper,
and Single-Service Containers.
Milk—bottle caps or cap stock, parchment paper for milk cans, and
single—service containers shall be purchased and stored only in sanitary
tubes and cartons, respectively, and shall be kept therein in a clean dry
place.
Item lbpo Pasteurization. Pasteurization
Shall be Performed as Described in Section
1. (Z) of this Ordinance.
Item 172, Cooling.
All milk and milk products received for pasteurization shall
immediately be cooled in approved equipment to 50 degrees Fahrenheit or
less, and maintained at that temperature until pasteurized, unless
they are to be pasteurized within two hours after receipt; and all
pasteurized silk and milk products shall be immediately cooled in
approved equipment to an average temperature of 50 degrees Fahrenheit
or less, as defined in Section 1. (T), and maintained thereat until
delivery.
Item 182. Bottling.
Bottling of milk and milk products shall be done at the place
of pasteurization in approved mechanical equipmento
Item 19ye Overflow Milk.
Overflow milk or milk products shall not be sold for human con-
sumption.
Item 202* Capping.
Capping of milk and milk products shall be done by approved mechani-
cal equipment. Hand capping is prohibited. The cap or cover shall cover
the pouring lip to at least its largest diaAeter*
Item 2129 _ Personnalt Health.
The health officer or a physician authorized by him shall examine
and take a careful morbidity history of every person connected with a pasteurisae
tion plant, 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 with the organisms of typhoid or para-
typhoid fever or any other communicable diseases likely to be transmitted
through milk, he shall secure appropriate specimens of body discharges
and cause theme to be examined in a laboratory approved by his 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 physi-
cal examinations, and submit such laboratory specimens every six months
or as the health officer may require for the purpose of determining free-
dom from infection!
Item 22ve Personnel: Cleanliness.
All persons coming in contact with milk, milk products, containers,
or equipment shall wear clean outer garments and shall keep their hands clean
at all times while thus engaged.
Item 23p. Misgellaneouso
All vehicles used for hauling or distributing milk or milk products
in the City of Fort Worth or its police jurisdiction shall be kept neat and
clean, and shall be so constructed as to protect the milk from the sun and
from contamination. The vehicle shall not be used for hauling manure:
slop or anything of an objectionable nature and distributing vehicles shall
be provided with a permanently covered top approved by the health officer*
Each vehicle used for distributing milk or milk products shall
have printed on each side is neat letters not Less than three inches high
the name of the owner, person, or corporation to whom the milk permit was
granted, the "dairy permit" and the number of the wagon or truck if operat-
ing more than one. No other word, stark or device in discord with the re-
quirements of this ordinance shall appear on the truck&
The immediate surroundings of the milk plant shall be kept in a
neat, clean condition*
Grade B. Pasteurized Milk.
Grade B. pasteurized milk is pasteurized milk which violates the bacterial
standard of Grade A* pasteurized milk and/or the provision of lip-cover caps of
Item 20p and/or the requirement that Grade Ae raw milk be used, but which conforms
with all other requirements for Grade A. pasteurized milk, has been made from raw
milk of not less than Grade Be quality, and has an average bacterial plate count
after pasteurization and before delivery not exceeding 50,000 per cubic centimeter,
as determined under Sections 1& (T) and 6&
Grade C. Pasteurized Milks
Grade C. pasteurized milk is pasteurized milk which violates any of the
requirements for Grade Be pasteurized milk.
SECTION g*
Oradea of Milk and Milk Productsi.ch
ft Be Sold*
After the adoption of this ordinance, no milk or milk products shall
be sold to the final consumer or to restaurants, soda fountains, grocery stores,
or similar establishments except certified raw, Grade A. raw, certified pas-
teurized and Grades Ae and Be pasteurized; provided that when any milk dis-
tributor fails to qualify for one of the above grades the health officer is
authorized to revoke his permit, or in lieu thereof to degrade his product and
permit its sale during a temporary period not exceeding thirty days or in euerr
gencies such longer period as he may deem necessary$ and provided further that
Grades Be and C. raw milk may be sold for use only in the manufacture of butter,
cheese, ice cream, or other ungraded milk products not defined in this ordinance*
SE'CSTION 9*
Supp►lementaXX ffodingftesoribed and RegradIng Authorizede
If, at any time between the regular announcements of the grades of
milk or milk products, a lower grade shall become ,justified, in accordance with
Sections g, 69 and 7 of this ordinance, the health officer shall mediately lower
the grade of such milk or milk products, and shall enforce proper labeling and
plaoarding 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, may at any time make application for the regrading of his product*
Upon receipt of a satisfactory application, in case the lowered grade is
the result of an excessive average bacterial plate count, direct microscopic count,
reduction time, or coolin=g temperature, the health officer shall take further
samples of the applicant's output at a rate of not more than two samples per week*
The health officer shall regrade the milk or milk products upward whenever the
average of the last four sample results indicates the necessary quality, but not
before the lapse of two weeks from the date of degrading*
In case the lowered grade of the applicant's product is due to a violation
of an item of the specifications prescribed in Section 7, other than average bae-
terial plate count, direct microscopic count, reduction time, or cooling tempera-
ture, the said application must be accompanied by a statement signed by the appli-
cant to the effect that the violated item of the specifications has been conformed
with* Within one creek of the receipt of such an application and statement the
health officer shall make a reinspection of the applicant's establishment, and
thereafter as many additional reinspections as he may deem necessary to assure
himself that the applicant is again complying with the higher grade requirements,
and, in case the findings justify, shall regrade the milk or milk products upwards.
SECTION 109
Transferring or Dipping Milk; Delivery Con-
tainers; Handling of More Than One Grade;
Delivery of Milk at Quarantined Residences*
Except as permitted is this section, no milk producer or distributor
shall transfer milk or milk products from one container to another on the street,
or in any vehicle or store, or in any place except a bottling or milk room es-
pecially used for that purpose* The sale of dip milk is hereby prohibited•
All pasteurized milk and milk products shall be placed in their final
delivery containers in the plant in which they are pasteurized, and all raw milk
and milk products sold for consumption in the raw state shall be placed in their
final delivery containers at the farm at which they are produced. Milk and milk
products sold in the distributorts containers in quantities less than one gallon
shall be delivered in standard milk bottles or in single-service containerso
It shall be unlawful for hotels, soda fountains, restaurants, groceries, and
similar establishments to sell or serve any milk or milk product except in the
original container in which it was received from the distributor and said milk
shall be served in individual bottles containing only the quantity of milk in-
tended for the person served; or from a bulk container equipped with an ap-
proved dispensing device; provided, that this requirement shall not apply to
cream consumed on the premises, which may be served from the original bottle or
from a dispenser approved for such service.
It shall be unlawful for any hotel, soda fountain, restaurant, grocery,
or similar establishment to sell or serve any milk or milk product which have not
been maintained, while in its possession, at a temperature of 50 degrees Fah-
renheit or is ss•
No milk or milk products shall be permitted to come in contact with equip-
ment with which a lower grade of milk or milk products has been in contact unless
such equipment has first been thoroughly cleaned and subjected to bactericidal
treatment.
Bottled milk or milk products, if stored in water, shall be so stored that
the tops of the bottles will not be submerged*
It shall be the duty of all persons to whom milk or milk products are dep.
livered to clean thoroughly the containers in which such milk or milk products
are delivered before returning such containers* Apparatus, containers, equipment,
and utensils used in the handling, storage, processing, or transporting of milk or
milk products shall not be used for any other purpose without the permission of the
health officer.
The delivery of milk or milk products to and the tolls etion of milk or
milk products containers from residences in which case of communicable disease
transmissible through milk supplies exist shall be subject to the special require-
ments of the health officer.
SECTION 119
Milk and Milk Products From Points
Beyond the Limits of Routine InsWtione
Milk and milk products from points beyond the limits of routine inspection
of the City of Fort Worth may not be sold in the City of Fort Worth or its police
jurisdiction unless produced and/or pasteurized under provisions equivalent to the
requirements of this ordinance; provided that the health officer shall satisfy
himself that the health officer having jurisdiction over the production and pro-
oessing is properly enforcing such provisions,
No milk or milk products shall be sold in the City of Fort Worth that has
been pasteurized outside of the County of Tarrant, Texas, except as may be authorized
by the City health officer.
SECTION 12•
Future Dairies and Milk Plantsg
All dairies and milk plants from which milk or milk products are supplied
to the City of Fort Worth which are hereafter constructed, reconstructed, or ex-
tensively altered shall conform in their construction to the requirements of this
ordinance for Grade A. dairy farms producing milk for consumption in the raw
state, or for Grade A. pasteurization plants, respectively; provided that the
requirement of a two—room silk house shall be waived in the case of dairies,
the milk from which is to be pasteurized. 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 ob-
tained from the health officer and/or the State Health Department.
SDCTION33.
Notification of Disease.
Notice shall be sent to the health officer immediately by any producer
or distributor of milk or milk products upon whose dairy farm or in whose milk
plant any infectious, contagious, or communicable disease occurs.
SECTION 140
procedure When Infection Susueoted.
When suspicion arises as to 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: (1) The
immediate exclusion of that person from milk handling, (2) the immediate exclu—
sion of the Bilk supply concerned from distribution and use, (3) adequate medical
and bacteriological examination of the person, of his associates, and of his and
their body discharkes•
SECTION 15.
Enforcement Interoretatione
This ordinance shall be enforced by the health officer in accordance
with the interpretations thereof contained in the 1939 edition of the United States
Public Health Service Milk Code, a certified copy of which shall be on file in
the City Clerk's office,
SECTION 16•
This ordinance shall be and is hereby declared to be cumulative of all
other ordinances of the City of Fort Worth not in direct conflict herewith, and shall
not operate to repeal or affect any such ordinance or ordinances, except insofar as
the provisions of this ordinance are in direct conflict with the provisions of
such ordinances. Ordinance No. 1832 is hereby expressly repealed*
SECTION 17*
Should any part, portion, section, or part of a section of this ordinance
be declared invalid, or inoperative, or void for any reason by a court of compe-
tent jurisdiction, such decision, opinion, or judgment shall to no way affect the
remaining portions, parts, sections, or parts of sections of this ordinance, which
provisions shall be,, remain, and continue to be in full force and effects and the
City Council declares that it would not have passed those provisions had it
known that they or any of them were unconstitutional and void.
SECTION 18.
Any person, firm, corporation, or-association of persons violating any
of the provisions of this ordinance, or any person, firm, corporation or associa—
tion of persons failing or refusing to comply with any of the provisions hereof
shall be guilty of a misdemeanor, and upon conviction thereof shall be fined in
any sum not to exceed Two Hundred Dollars ($200.00), and each dayts failure to
comply with any of the provisions hereof shall be deemed and held to be a separate
offense.
SECTION 19.
That this ordinance constitutes a revision, digest, and codification of
all ordinances and parts of ordinances relating to the production, sale, and
distribution of milk and milk products to consumers in the City of Fort North,
Texas. That said ordinance shall take effect and be in full force and effect from
and after the date of its passage and publication in pamphlet form, and, after
being so published, said ordinance shall be admitted as evidence in all courts,
state and federal, without further proof beyond the production of said printed
pamphlet.
APPROVED AS TO FORK:
QXR
City Attorney