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HomeMy WebLinkAboutOrdinance 3113 a ORDINANCE NO. AN ORDINANCE REPEALING ALL OF ARTICLE V OF CHAPTER 18 OF THE FORT WORTH CITY CODE ADOPTED ON APRIL 25, 195 ., AND SUBSTITUTING THEREFOR RULES AND REGULATIONS CON- TROLLING THE DISTRIBUTION OF AMID SALE OF MILK AND MILK PRODUCTS IN THE CITY CF FORT WORTH, TEXAS; DEFINING TERAS; PROHIBITING THE SALE OF ADULTERATED OR MIS- BRANDED MILK OR MILK PRODUCTS; REGULATING THE TRANSPOR- TATION CF MILK; PROVIDING FOR THE ISSUANCE AND REVOCA- TION OF PERMITS TO PERSONS, FIRMS AND CORPORATIONS PRO- DUCING., HANDLING OR DELIVERING MILK OR MILK PRODUCTS; PROVIDING FOR LABELING AND PLACARDING OF RECEPTACLES AND OTHER CONTAINERS OF MILK; PROVIDING FOR THE INSPEC- TION OF DAIRY FARMS, MILK PLANTS, AND THE TESTING OF MILK AND MILK PRODUCTS; REQUIRING CERTAIN STANDARDS CF EQUIPMENT TO BE MAINTAINED BY DAIRIES AND MILK PLANTS; PROVIDING FOR THE ISSUANCE OF HEALTH CERTIFICATES; DE- TERMINING PROPER GRADES FOR MILK; PROVIDING THAT THIS ORDINANCE SHALL BE DEEMED TO BE CUMULATIVE OF ALL OTHER ORDINANCES OF THE CITY OF FORT WORTS' EXCEPT INSOFAR AS IT MAY BE IN DIRECT CONFLICT WITH THOSE ORDINANCES; PRO- VIDING THAT THE HOLDING OF ANY PORTION OF THIS ORDINANCE TO BE INVALID WILL IN NO WAY AFFECT OTHER PROVISIONS IN SAID ORDINANCE; PROVIDING A PENALTY FOR THE VIOLATION OF ANY OF THE PROVISIONS OF THIS ORDINANCE; AND PROVIDING THAT ISIS ORDINANCE SHALL BE PUBLISHED IN PAMPHLET FCRM AND SHALL TAKE EFFECT FROM AND AFTER THE DATE OF ITS PAS- SAGE AND PREPARATION IN PAMPHLET FORM AS REQUIRED BY LAW. BE IT ORDAINED BY THE CITY COUNCIL CF THE CITY OF FORT WORTH, TEXAS: GRADE SPECIFICATIONS AND REQUIREMENTS FOR MILK Section i. DEFINITIONS -- The following definitions shall apply in the interpretation and the enforcement of this ordinance: A. MILK -- Milk is hereby defined to be the lacteal secretion, Practically free from colostrum, obtained by the complete milking of one or more healthy cows, which contains not less than 8 percent milk solids-not- fat and not less than 3* percent milkfat. A-l. GOAT MILK -- Goat milk is the lacteal secretion, practically free from colostrum, obtained by the complete milking of healthy goats. The word "milk" shall be interpreted to include goat milk. B. MILKFAT -- Milkfat, or butterfat, is the fat of milk. B-1. CREAM -- Cream is a portion of milk which contains not less than 18 percent milkfat. B-2.. SOUR CREAM -- Sour cream is cream the acidity of which is more than 0.20 percent, expressed as lactic acid. B-3. LIGHT CREAM, COFFEE CREAM, OR TABLE CREAM -- Light cream, cof- fee cream, or table cream, is cream which contains less than 30 percent milk- fat. B-4. WHIPPING CREAM -- Whipping cream is cream which contains not less than 30 percent milkfat. B-5. LIGHT WHIPPING CREAM -- Light whipping, cream is whipping cream which contains less than 36 percent milkfat. B-6. HEAVY CREAM, OR HEAVY WHIPPING CREAM -- Heaver cream or heavy whipping cream, is whipping cream which contains not less than 36 percent milkfat. B-7. HALF AND HALF -- Half and half is a product consisting of a mixture of milk and cream which contains not less than 11.5 percent milkfat. B-8. RECONSTITUTED, OR RECOMBINED, HALF AND HALF -- Reconstituted, or recombined, half and half is a product resulting from the combination of reconstituted milk or reconstituted skim milk with cream or reconstituted cream, which contains not less than 11.5 percent milkfat. B-9. WHIPPED CREAM -- Whipped cream is cream to which a harmless gas has been added to cause whipping of the product. It may also contain sugar, other harmless flavoring, and a harmless stabilizer. C. CONCENTRATED MILK -- Concentrated milk is a fluid product un- sterilized and unsweetened, resulting from the removal of a considerable por- tion of the water from milk. When recombined with water, in accordance with instructions printed on the container, the resulting product conforms with the standards for milkfat and solids-not-fat of milk as defined above. C-l. CONCENTRATED MILK PRODUCTS -- Concentrated milk products shall be taken to mean and to include homogenized concentrated milk, vitamin D con- centrated milk, concentrated skim milk, concentrated flavored milk, concen- trated flavored drink, and similar concentrated products made from concen- trated milk or concentrated skim milk, as the case may be, and which, when recombined with water in accordance with instructions printed on the contain- er, conform with the definitions of the corresponding milk products in this section. C-2. DRY MILK -- Dry milk is milk from which at least 95 percent of the water has been removed. D. SKIM MILK -- Skim milk is milk from which a sufficient portion of milkfat has been removed to reduce its milkfat content to less than 34 percent. D-1. NONFAT, FAT FREE, OR DEFATTED MILK -- Nonfat, fat-free, or defatted milk is skim milk which contains not more than 0.1 percent milkfat. D-2. SKIM-MILK SOLIDS -- Skim-milk solids shall be deemed to in- clude concentrated skim milk and nonfat dry-milk solids. D-3. NONFAT DRY-MILK SOLIDS -- Nonfat dry-milk solids shall mean nonfat milk from which at least 95 percent of the water has been removed. E. FLAVORED MILK -- Flavored milk is a beverage or confection con- sisting of milk to which has been added a syrup or flavor made from wholesome ingredients. E-1. FLAVORED DRINK, OR FLAVORED DAIRY DRINK -- Flavored drink, or flavored dairy drink, is a beverage or confection consisting of skim milk to which has been added a syrup or flavor made from wholesome ingredients. E-2. FLAVORED RECONSTITUTED MILK -- Flavored reconstituted milk is a flavored milk made from reconstituted milk. E-3. FLAVORED RECONSTITUTED DRINK, OR FLAVORED RECONSTITUTED DAIRY DRINK -- Flavored reconstituted drink, or flavored reconstituted dairy drink, is a flavored drink made from reconstituted skim milk. E-4. MILK OR SKIM-MILK BEVERAGE -- A milk beverage or a skim-milk beverage is a food compound or confection consisting of milk or skim-milk as the case may be, to which has been added a syrup or flavor consisting of wholesome ingredients. F. BUTTERMILK'-- Buttermilk is a fluid product resulting from the churning of milk or cream. It contains not less than 8 percent milk solids- not-fat. 'See definition G of the State Mille Grading and Labeling Laws for different wording of the definition of this product. F-1. CULTURED BUTTERMILK -- Cultured buttermilk is a fluid product resulting from the souring or treatment, by a lactic acid or other culture, of pasteurized skim milk or pasteurized reconstituted skim milk. It contains not less than 8 percent milk solids-not-fat. F-2. CULTURED MILK -- Cultured milk is a fluid or semifluid product resulting from the souring or treatment, by a lactic acid or other culture, of pasteurized milk, pasteurized reconstituted milk or pasteurized concen- trated milk. It contains not less than 8 percent milk solids-not-fat and not less than * percent milkfat. G. VITAMIN D MILK -- Vitamin D milk is milk the vitamin D content of which has been increased by an approved method to at least 400 U.S.P. Units per quart. G-1. FORTIFIED MILK AND MILK PRODUCTS -- Fortified milk is milk, other than vitamin D milk, the vitamin and/or mineral content of which has been increased by a method and in an amount approved by the health officer. Fortified milk products are those milk products defined in this ordinance, other than vitamin D milk products, the vitamin and/or mineral content of which has been increased by a method and in an amount approved by the health officer, and to which skim-milk solids may or may not have been added. The label shall contain the word "Fortified" and shall clearly show the amount and source of each vitamin and/or mineral added. H. RECONSTITUTED, OR RECOMBINED, MILK -- Reconstituted, or recom- bined, milk is a product which results from the recombining of milk con- stituents with water, and which complies with the standards for mil 'at and solids-not-fat of milk as defined herein. H-1. RECONSTITUTED, OR RECOMBINED) CREAM -- Reconstituted, or re- combined, cream is a product which results from the combination of dry cream, butter, or milkfat, with cream, milk, skim milk, or water, and which complies with the milkfat standards of cream as defined herein. H-2. RECONSTITU'T'ED, OR RECOMBINED, SKIM MILK -- Reconstituted, or recombined, skim milk is a product which results from the recombining of skim-milk constituents with water, and which contains not less than 8 percent milk solids-not-fat. J. HOMOGENIZED MILK -- Homogenized milk is milk which has been treated in such a manner as to insure break-up of the fat globules to such an extent that, after 48 hours of quiescent storage, no visible cream sepa- ration occurs on the milk, and the fat percentage of the top 100 milliliters of milk in a quart bottle, or of proportionate volumes in containers of other sizes, does not differ by more than 10 percent of itself from the fat per- centage of the remaining milk as determined after thorough mixing. The word "milk" shall be interpreted to include homogenized milk. K. MILK PRODUCTS -- Milk products shall be taken to mean and to include cream, sour cream, half and half, reconstituted half and half, whipped cream, concentrated milk, concentrated milk products, skim milk, nonfat milk, flavored milk, flavored drink, flavored reconstituted milk, flavored recon- stituted drink, milk or skim milk beverage, buttermilk, cultured buttermilk, cultured milk, vitamin D milk, fortified milk, fortified milk products, re- constituted or recombined milk, reconstituted cream, reconstituted skim milk, and any other product made by the addition of any substance to milk, or to any of these milk products, and used for similar purposes, and designated as a milk product by the health officer. L. PASTEURIZATION -- The terms "pasteurization," "pasteurized" and similar terms shall be taken to refer to the process of heating every parti- cle of milk or milk products to at least 143 degrees F., and holding it at such temperature continuously for at least 30 minutes, or to at least 161 de- grees F., and holding it at such temperature continuously for at least 15 seconds, in approved and properly operated equipment: PROVIDED that nothing contained in this definition shall be construed as barring any other process which has been demonstrated to be equally efficient and which is approved by the State health authority. -3- Section 3. PERMITS -- It shall be unlawful for any person to bring into, send into, or receive into the City or its police ,jurisdiction, for sale, or to sell, or offer for sale therein, or to have in storage where milk or milk products are sold or served, any milk or milk products defined in this ordinance, who does not possess a permit from the health officer of the City. Every milk producer, milk hauler, milk distributor, and operator of a milk plant shell secure a permit. Only a person who complies with this ordinance shall be entitled to receive and retain such a permit. Permits shall not be transferable with respect to persons and/or locations. Such a permit may be temporarily suspended by the health officer upon violation by the holder of any of the terms of this ordinance, or for interference with the health officer in the performance of his duties, or may be revoked after an opportunity for a hearing by the health officer upon serious or repeated violations. FEES -- Every milk producer or operator of dairy or dairy farms shall make application to the Director of the Department of Public Health and Welfare, upon forms prescribed and furnished by the Director, for a permit to produce milk, operate and do business in the City. Such person shall pay therefor in advance the sum of Six Dollars ($6.00), and thereupon shall re- ceive a permit in writing to produce milk, operate and do business in the City in accordance with the provisions of this ordinance. Unless revoked, such permit shall continue in force for a period of one (1) year, beginning and ending with the fiscal year of the City, shall be non-transferable, and shall be annually renewed upon application and payment of a like sum in ac- cordance with and subject to the conditions and terms of this ordinance. Every milk distributor or operator of a milk plant shall make ap- plication 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 distribute milk and to operate and do business in the City and shall pay therefor in advance a fee as follows: Such fee shall be based upon the average daily amount of milk distributed, computed over the year's output and as established in advance, and shall be in the sum of Ten Dollars ($10.00) for the first twenty-five gallons or less for such average daily output, and an additional fee of One Dollar ($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. Upon payment of the fee, such milk distributor shall receive a permit in writing to distribute milk and do business in the City in accordance with the provisions of this ordinance. Such permit shall continue in force for a period of one (1) year, beginning and ending with the fiscal year of the City, shall be non-transfer- able, and shall be renewed annually upon application and payment of a like sum in accordance with and subject to the terms and conditions of this ordi- nance. In the event that any person shall operate both as a producer and as a milk distributor, such person shall be required to secure a separate permit for such production and distribution, and shall comply with and pay the fee hereinbefore described before he shall be permitted to engage in such milk production and milk distribution. Every milk hauler shall make application to the Director of the De- partment of Public Health and Welfare, upon forms prescribed and furnished by such Director, for a permit to haul milk, operate and do business in the City, and shall pay therefor in advance the sum of Six Dollars ($6.00). Upon pay- ment of the fee, such milk hauler shall receive a permit in writing to haul milk and do business in the City. Unless revoked, such permit shall continue in force for a period of one (1) year, beginning and ending with the fiscal year of the City, shall be non-transferable, and shall be renewed annually upon application and payment of a like sum in accordance with and subject to the conditions and terms of this ordinance. Section k. LABELING -- All bottles, cans, packages and other contain- ers enclosing milk or any milk product defined in Section 1 of this ordinance M. ADULTERATED AND MISBRANDED MILK AND MILK PRODUCTS -- Any milk or cream to which water has been added, or any milk or milk product which contains any unwholesome substance, or which, if defined in this ordinance, does not conform with its definition, shall be deemed to be adulterated. Any milk or milk product which carries a grade label, unless such grade label has been awarded by the health officer and not revoked, or which fails to conform in any other respect with the statement on the label, shall be deemed to be misbranded. N. MILK PRODUCER -- A milk producer is any person who owns or con- trols one or more cows, a part or all of the milk or milk products from which is 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. 0-1. PRODUCER-DISTRIBUTOR -- A producer-distributor is a milk pro- ducer who 1s also a milk distributor. 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 milk or milk products from which is sold or offered for sale. P-1. PRODUCER DAIRY -- A producer dairy is a dairy farm which sends milk or cream to a milk plant for processing. P-2. MILK HAULER -- A milk hauler is any person, other than a milk producer or a milk-plant employee, who transports milk and/or milk products to or from a milk plant or a collecting plant. Q. MILK PLANT -- A milk plant is any place, premises, or estab- lishment where milk or milk products are collected, handled, processed, stored, pasteurized, bottled, or prepared for distribution, except an establishment where milk or milk products are sold at retail only. R. HEALTH OF'F'ICER -- The term "health officer" shall mean the Director of the Department of Public Health and Welfare of the City of Fort Worth or his authorized representatives. R-1. STATE HEALTH OFFICER -- The term "State Health Officer" shall mean the State Health Officer of the State of Texas. S. AVERAGE BACTERIAL PLATE COUNT, DIRECT MICROSCOPIC COUNT, AND COOLING TEMPERATURE -- Average bacterial plate count and average direct microscopic count shall be taken to mean the logarithmic average, and average cooling temperature shall be taken to mean the arithmetic average of the respective test results of the last four consecutive samples, taken upon separate days, irrespective of the 6-month period referred to in Section b. T. PERSON -- The word "person" shall mean any individual, partner- ship, corporation, company, firm, trustee or association. U. AND/OR -- Where the term "and/or" is used, "and" shall apply where possible, otherwise "or" shall apply. Section 2. THE SALE OF ADULTERATED, MISBRANDED, OR UNGRADED MILK OR MILK PRODUCTS PROHIBITED -- No person shall, within the City of Fort Worth 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 adul- terated' dul-terated, misbranded, or ungraded. It shall be unlawful for any person, else- where than in a private home, to have in possession any adulterated, mis- brandei, or ungraded milk or milk product: PROVIDED that in an emergency the sale of ungraded pasteurized milk or pasteurized milk products may be authoriz!c: by the health officer, upon the approval of the State health authority, in which case they shall be labeled "ungraded." Any adulterated, misbranded, and/or improperly labeled milk or milk products may be impounded by the health officer and disposed of in accordance with State law. shall be plainly labeled or marked with (1) the name of the contents as given in the definition in this ordinance; (2) the word "reconstituted" or "recombined" if included in the name of the product as given in the defini- tion; (3) the grade of the contents; (4) the word "pasteurized" only if the contents have been pasteurized; (5) the word "raw" only if the contents are raw; (6) the phrase "for pasteurization" if the contents are to be pasteurized; (7) the name of the producer if the contents are raw; and the identity of the plant at which the contents were pasteurized if the contents are pasteurized; (8) in the case of vitamin D milk or milk products, the designation "Vitamin .D," the source of the vitamin D, and the number of U.S.P. units per quart; (9) in the case of concentrated milk or milk products, the volume or propor- tion of water to be added for recombining; and (10) the words "skim-milk solids added" and the percentage added, if such solids have been added, ex- cept that this requirement shall not apply to reconstituted or recombined milk or milk products: PROVIDED that only the identity of the producer dairy shall be required on cans delivered to a milk plant which receives only one grade of raw milk for pasteurization and which immediately dumps, washes and returns the cans to the producer dairy. The label or mark shall be in letters of an approved size, kind and color and shall contain no marks or words which are misleading. Homogenized milk or homogenized cream shall not be mixed with milk, skim milk or cream which has not been homogenized, unless the product is labeled "homogenized" and conforms with the standards for homogenization in Section 1 (J). Section 5. INSPECTION OF DAIRY FARMS AND MILK PLANTS -- Prior to the issuance of a permit, and at least once every 6 months thereafter, the health officer shall inspect all dairy farms and all milk plants whose milk or milk products are intended for consumption within the City or its police jurisdiction. If the health officer should discover the violation of any requirement, he shall make a second inspection after a lapse of such time as he may deem necessary for the defect to be remedied, but not before the lapse of three days; and the second inspection shall be used in determining compliance with the requirements of Section 7 of this ordinance. Any viola- tion of the same requirement of this ordinance on such reinspection shall call for immediate degrading, suspension of permit, and/or court action. One copy of the inspection report shall be posted by the health of- ficer in a conspicuous place upon an inside wall of the milk house or milk plant, and said inspection report shall not be defaced or removed by any person except the health officer. Another copy of the inspection report shall be filed with the records of the Department of Public Health and Welfare. Every milk producer and distributor shall, upon the request of the health officer, permit him access to all parts of the establishment; and every distributor shall furnish the health officer, upon his request, for official use only, a true statement of the actual quantities of milk and milk products of each grade purchased and sold, together with a list of all sources of such milk and milk products, records of inspections and tests, and pas- teurization time and temperature records. Section 6. THE EXAMINATION OF MILK AND MILK PRODUCTS -- During each 6-month period, at least four samples of milk and cream from each dairy farm, and at least four samples of milk, cream, and homogenized milk from each milk plaint shall be taken on separate days and examined by the health officer: PROVIDED that in the case of raw milk for pasteurization, the health officer may accept the test results of laboratories which he has checked periodically and found satisfactory. Samples of other milk products shall be taken and examined by the health officer at least once during each 6-month period. Samples may be taken at any time prior to the final delivery of the milk or milk products. Samples of milk and milk products from stares, cafes, soda fountains, restaurants, and other places where milk or milk products are sold shell be examined as often as the health officer may require. All proprietors of such places shall furnish the health officer, upon his request, with the names of all distributors from whom their milk and milk products are obtained. Bacterial plate counts, direct microscopic counts, coliform determinations, -6.i. phosphatase tests, efficiency of bactericidal treatment, and other laboratory and screening tests shall conform to the procedures in the latest edition of "Standard Methods for the Examination of Dairy Products" recommended by the American Public Health Association, current at the time of adoption of this ordinance. Examinations may include such other chemical and physical determinations as the health officer may deem necessary for the detection of adulteration. Bioassays of the vitamin D content of vitamin D milk and milk products shall be made when required by the health officer in a laboratory approved by him for such examinations. 4Thenever the average bacterial count or the average cooling tem- perature of the last four consecutive samples, taken on separate days, is beyond the limit for the grade then held, the health officer shall send writ- ten notice thereof to the person concerned, and shall take an additional sample, but not before the lapse of 3 days, for determining a new average in accordance with Section 1 (S). Violation of the grade requirements by the new average, or by any subsequent average during the remainder of the current 6-month period, shall call for immediate degrading, suspension of permit, and/or court action, unless the last individual result is within the grade limit: PROVIDED that the three-out-of-four method, as specified in the fallowing paragraph for determining compliance of coliform counts, may be used in lieu of the averaging method for determining compliance of bacterial plate counts, direct microscopic counts, or cooling temperatures. Whenever more than one of the last four consecutive coliform counts of samples taken on separate days are beyond the limit for the grade held, the health officer shall send written notice thereof to the person concerned. He shall then take an additional sample, but not before the lapse of 3 days. Immediate degrading, suspension of permit, and/or court action shall be called for when the grade limit is violated by such additional samples or when the grade limit is again violated during the remainder of the current 6-month period by more than one of the last four consecutive samples, unless the last individual result is within the grade limit. In case of violation of the phosphatase-test requirement, the proba- ble cause shall be determined and corrected before milk or milk products from the plant concerned again can be sold as pasteurized milk or milk products. Section 7. THE GRADING OF MILK AND MILK PRODUCTS -- At least once every 6 months, the health officer shall announce the grades of all milk and milk products delivered by all distributors and ultimately consumed within the City or its police ,jurisdiction. Grades shall be based on the following standards, the ,grading of milk products being identical with the grading of milk, except that the bac- terial-count standards shall be doubled in the case of cream and half and half, and shall be omitted in the case of sour cream, buttermilk, cultured butter- milk, cultured milk. Vitamin D milk shall be only of Grade A pasteurized, grade B pasteurized, or certified pasteurized quality. The grade of a milk product shall be that of the lowest grade of milk or milk product used in its preparation. CERTIFIED MILK RAW -- Certified milk-raw is raw milk which conforms With the latest requirements of the American Association of Medical Milk Commissions in force at the time of the passage of this ordinance, and which is produced under the supervision of a medical milk commission reporting monthly to the State health authority or the municipal or county health offi- cer of the city or county. GRADE A RAW MILK -- Grade A raw milk Is mw milk produced upon dairy farms conforming with all of the following, items of sanitation. The bacterial plate count or the direct microscopic clump count of the milk shall not exceed 50,000 per milliliter, as determined in accordance with Section 6. GRADE A RAW MILK FOR PASTEURIZATION -- Grade A raw milk for pas- teurization is raw milk from producer dairies conforming with the following items of sanitation, except Item 24r (Bottling and Capping), Item 25r (Per- sonnel-Health), and such portions of other items as are indicated therein. -7- The bacterial plate count or the direct microscopic clump count of the milk, as delivered from the farm, shall not exceed 200,400 per milliliter, as de- termined in accordance with Section 6. Item lr. COWS-HEALTH -- All milk for pasteurization shall be from herds which are located in a modified accredited tuberculosis-free area, as determined by the Bureau of Animal Industry, United States Department of Agriculture, and which have been tested for tuberculosis: not more than 6 years prior to the adoption of this ordinance and at least every 6 years after such test: PROVIDED that herds located in an area that fails to main- tain such accredited status, or that has an incidence of bovine tuberculosis in excess of 0.2 percent, shall have been accredited by said Bureau of Animal Industry as Tuberculosis-free, or shall have passed an annual tuberculin test. All additions to such herds shall be free from tuberculosis. In the case of milk not for pasteurization, all herds and additions thereto shall be tested and found free of tuberculosis before any milk therefrom is sold, and all herds shall be retested at least every 12 months thereafter. Said tests and retests shall be made, and any reactors disposed of, in accordance with the latest requirements approved by the Bureau of Animal Industry, United States Department of Agriculture, for tuberculosis-free, accredited herds, in effect at the time of the adoption of this ordinance. A certificate identifying each animal., signed by the veterinarian, or attested to by the health officer, and filed as directed by the health officer, shall be evidence of the above test. Within five years after the adoption of this ordinance, all milk and milk products for pasteurization shall be from herds certified by the State Livestock Sanitary Authority as following either Plan A or Plan B ap- proved by the BAI for the eradication of brucellosis. Evidence of this cer- tification shall be filed as directed by the health officer. All additions to the herd shall be brucellosis-free. In the case of milk not for pasteuri- zation, all herds and additions thereto shall be tested and found free of brucellosis before any milk therefrom is sold, and all herds shall be retested at least every 12 months thereafter. Tests and retests shall be made, and any reactors disposed of, in accordance with the latest requirements approved by the BAI, USDA, in effect at the time of the adoption of this ordinance. A certificate identifying each animal, signed by the veterinarian and the director of the laboratory making the test, and filed as directed by the health officer, shall be evidence of the above test. Cows which show a complete induration of one quarter or extensive induration in one or more quarters of the udder upon physical examination., whether secreting abnormal milk or not, shall be permanently excluded from the milking herd: PROVIDED that this shall not apply in the case of a quarter that is completely dry. Cows giving bloody, stringy, or otherwise abnormal milk, but without entire or extensive induration of the udder, shall be ex- cluded from the herd until reexamination shows that the milk has become normal. For ether diseases, such tests and examinations as the health offi- cer may require after consultation with State livestock sanitary officials shall be made at intervals and by methods prescribed by him, and any diseased animals or reactors shall be disposed of as he may require. Item 2r. MILKING BARN-LIGHTING -- A milking barn, stable or parlor shall be provided. It shall, be provided with adequate light, properly dis- tributed, for both day and night milking. Item 3r. MILKING BARN - AIR SPACE AND VENTILATION -- Such sections of the milking barn, stable or parlor where cows are kept or milked shall be well ventilated, and shall be so arranged as to avoid overcrowding. Item 4r. MILKING BARN - FLOORS - ANIMALS -- The floors and gutters of that portion of the barn, stable or parlor in which cows are milked shall be constructed of concrete or other approved, impervious and easily-cleaned material. Floors and gutters shall be graded so as to drain properly, and shall be kept clean and in good repair. No swine or fowl shall be permitted in the milking 'barn, stable or parlor. If horses, dry cows, calves or bulls should be stabled therein, they shall be confined in stalls, stanchions or pens, which shall be kept clean and in good repair. -8- Item 5r. MILKING BARN - WALLS AND CEILINGS -- The interior walls and the ceilings of the milking barn, stable or parlor shall be whitewashed or painted as often as may be necessary, or finished in an approved manner, and shall be kept clean and in good repair. Where there is a second story above the milking barn, stable or parlor, the ceiling shall be tight. If feed should be ground or mixed, or sweet feed should be stored, in a feed room or feed-storage space which adjoins the milking space, it shall be sepa- rated therefrom by a dust-tight partition and door. Item 6r. COW YARD -- The cow yard shall be graded and drained as well as is practicable, and shall be so kept that there are no standing pools of water nor accumulations of organic wastes: PROVIDED that, in loafing and,/or cattle-housing areas, manure droppings shall be removed, or clean bedding added, at sufficiently frequent intervals to prevent the accumulation of manure on cows' udders and flanks. Swine shall be kept out. Item 7r. MANURE DISPOSAL -- All manure shall be removed and stored or disposed of in such manner as best to prevent the breeding of flies there- in and the access of cows to piles thereof. Item 8r. MILK HOUSE OR ROOM - CONSTRUCTION AND EQUIPMENT -- 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 treat- ment, and storing of milk containers and utensils shall be done. (a) The milk house or room shall be provided with a smooth floor, constructed of con- crete or other impervious material maintained in good repair, and graded to provide proper drainage. (b) It shall have walls and ceilings of such con- struction as to permit easy cleaning, and shall be well painted, or finished in an approved manner. (c) It shall be well lighted and well ventilated. (d) It shall have all openings effectively screened, including outward-opening self-closing doors, unless other effective means are provided to prevent the entrance of flies. (e) It shall be used for no purposes other than those specified above, except as may be approved by the health officer; it shall not open directly into a milking barn or stable, nor into any room used for domes- tic purposes; it shall, if the milk will be consumed raw, have water piped into it, and shall be provided with adequate facilities for heating water to clean utensils; and it shall be equipped with 2-compartment, stationary, wash and rinse vats, except that in the case of retail raw milk, if chemicals are employed as the principal bactericidal treatment, the 3-compartment type must be used, and shall, unless the milk is to be pasteurized, be partitioned to separate the handling of milk and the storage of cleaned utensils from the cleaning and other operations, which shall be so located and conducted as to prevent any contamination of the milk or of cleaned equipment. Section 13 shall be posted in the milk house. Item 9r. MILK HOUSE OR ROOM-CLEANLINESS AND FLIES -- The floors, walls, ceilings and equipment of the milk house or room shall be kept clean at all times. All necessary means for the elimination of flies shall be used. Item 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 nor contaminate any water supply. Item llr. WATER SUPPLY -- Water for all dairy purposes shall be from a supply properly located, protected and operated, and shall be easily ac- cessible, adequate and of a safe, sanitary quality. Item 12r. UTENSILS - CONSTRUCTION --R All multi-use containers, equip- ment, and other utensils used in the handling, storage or transportation of milk or milk products shall be made of smooth, non-absorbent, non-corrodible, non-toxic material, shall be so constructed as to be easily cleaned, and shall be kept in good repair. Joints and seams shall be welded or soldered flush. .Woven-wire cloth shall not be used for straining milk. When milk is strained, strainer pads shall be used and shall not be re-used. All milk pails ob- tained hereafter shall be of the seamless, hooded type. All single-service articles used shall have been manufactured, packaged, transported and handled in a sanitary manner. -9- Item 13r. UTENSILS - CLEANING -- All multi-use containers, equip- ment, and other utensils used in the handling, storage or transportation of milk and milk products shall be thoroughly cleaned after each usage. Item 14r. UTENSILS - BACTERICIDAL TREATMENT -- All multi-use con- tainers, equipment and other utensils used in the handling, storage or trans- portation of milk or milk products shall, before each usage, be subjected effectively to an approved bactericidal process utilizing steam, hot water, chemicals or hot air. Item 15r. UTENSILS - STORAGE -- All containers and other utensils used in the handling, storage or transportation of milk or milk products, un- less stored in bactericidal solutions, shall be stored so as to drain dry, and so as not to become contaminated before being used. Item 16r. UTENSILS - HANDLING -- After bactericidal treatment, con- tainers and other milk and milk-product utensils shall be handled in such a manner as to prevent contamination of any surface with which milk or milk products come into contact. Item 17r. MILKING - UDDERS AND TEATS - ABNORMAL MILK -- Milking shall be done in the milking barn, stable or parlor. The udders and teats of all milking cows shall be clean and wiped with an approved bactericidal solution at the time of milking. Abnormal milk shall be kept out of the milk supply, and shall be so handled and disposed of as to preclude the infection of the cows and the contamination of milk utensils. Item 18r. MILKING - FLANKS -- The flanks, bellies, and tails of all milking cows shall be free from visible dirt at the time of milking. All brushing shall be completed before milking commences. Item 19r. MILKERS' HANDS -- Milkers' hands shall be washed clean, rinsed with an effective bactericidal solution, and dried with a clean towel, immediately before milking and immediately after any interruption in the milk- ing operation. Wet-hand milking is prohibited. Convenient facilities shall be provided for the washing of milkers' hands. No person with an infected cut or lesion on hands or arms shall milk cows or handle milk or milk utensils. Item 20r. CLEAN CLOTHING -- Milkers and milk handlers shall wear clean outer garments while milking or handling milk., milk products, containers, utensils or equipment. Item 21r. MILK STOOLS -- Milk stools and surcingles shall be kept clean. Item 22r. REMOVAL OF MILK -- Each pail or can of milk shall be re- moved immediately to the milk hawse or straining room. No milk shall be strained or poured in the barn unless it is protected from flies and other contamination. Item 23r. COOLING -- Milk and milk products not for pasteurization shall be cooled, immediately after completion of milking, to 50 degrees F., or less, and shall be maintained at that temperature until delivery, as de- termined in accordance with Section 6. Milk for pasteurization, unless de- livered to a milk plant or receiving station within 2 hours after completion of milking, shall be cooled immediately to 50 degrees F., or less, and shall be maintained at that temperature as determined in accordance with Section 6, until delivered. Item 24r. BOTTLING AND CAPPING -- Milk and milk products not for pasteurization shall be bottled on the farm where produced. Bottling and capping shall be done in a sanitary manner by means of approved equipment, and these operations shall be integral in one machine. Caps or cap stock shall be purchased in sanitary containers, and shall be kept therein in a clean, dry place until used. Item 25r. PERSONNEL - HEALTH -- The health officer, or a physician authorized by him, shall examine and take careful morbidity history of every -10- person connected with a producer-distributor dairy, or about to be employed by one, whose work brings him into contact with the production, handling, storage or transportation of milk, milk products, containers or equipment. If such examination or history should suggest that such person may be a car- rier of, or be infected with, the organisms of typhoid or paratyphoid fever or any other communicable disease likely to be transmitted through milk, he shall obtain appropriate specimens of body discharges and cause them to be examined in a laboratory approved by him or by the State health authorities for such examination, and if the results ,justify, such person shall be barred from such employment. Such persons shall furnish such information, submit to such physical examinations, and submit such laboratory specimens as the health officer may require for the purpose of determining freedom from infection. No person with an infected cut or lesion on hands or arms shall handle milk, milk products, milk containers or milk equipment. Item 26r. VEHICLES AND SURROUNDINGS -- All vehicles used for the transportation of milk or milk products shall be constructed and operated so as to protect their contents from the sun, from freezing, and from contamina- tion. A11 vehicles used for the distribution of milk and milk products shall have the distributor's name prominently displayed thereon. The immediate surroundings of the dairy shall be kept in a clean, neat condition. GRADE B RAW MILK -- Grade B raw milk is raw milk which does not meet the bacterial standard for Grade A raw milk, but which conforms with all other requirements, and the bacterial plate count or the direct microscopic clump count of which does not exceed 200,000 per milliliter as determined in accordance with Section 6. GRADE B RAW MILK FOR PASTEURIZATION -- Grade B raw milk for pas- teurization is raw milk which does not meet the bacterial standard for grade A raw milk for pasteurization, but which conforms with all other requirements. The bacterial plate count or the direct microscopic clump count of the milk, as delivered from the farm, shall not exceed 1,000,000 per milliliter, as de- termined in accordance with Section 6. GRADE C RAW MILK -- Grade C raw milk is raw milk which violates any of the requirements for grade B raw milk. GRADE C RAW MILK FOR PASTEURIZATION -- Grade C raw milk for pasteuri- zation is raw milk which does not meet the requirements for ,grade B raw milk for pasteurization. CERTIFIED MILK - PASTEURIZED -- Certified milk-pasteurized is certi- fied milk-raw which has been pasteurized, cooled and bottled in a milk plant which conforms with the requirements for grade A pasteurized milk. GRADE A PASTEURIZED MILK -- Grade A pasteurized milk is grade A raw milk for pasteurization which has been pasteurized, cooled and placed in the final container in a milk plant which conforms with the items of sanitation described below. In all cases the milk shall show efficient pasteurization as evidenced by satisfactory phosphatase test, and at no time after pasteuri- zation and before delivery shall the milk have a bacterial plate count exceed- ing 30P000 per milliliter, or a coliform count exceeding 10 per milliliter, as determined in accordance with Section 6: PROVIDED that the raw milk at no time between dumping and pasteurization shall have a bacterial plate count or direct microscopic clump count exceeding 400,000 per milliliter. The grading of a pasteurized-milk supply shall include the inspection of receiving and collecting stations with respect to compliance with Items 1p to 15P, inclusive, and 17P, 19p, 21P, 22P, and 23P, except that the partition- ing requirement of Item 5P shall not apply. -11- 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 ma- terial, and shall be smooth, properly drained, provided with trapped drains, and kept clean and in good repair. Item 2p. WALLS AND CEILINGS -- Walls and ceilings of rooms in which milk or milk products are handled or stored, or in which milk utensils are washed, shall have a smooth, washable, light-colored surface, and shall be kept clean and in good repair. Item 3p. DOORS AND WINDOWS -- Unless other effective means are pro- vided to prevent the access of flies, all openings to the outer air shall be effectively screened, and all doors shall be self-closing. Item 4p. LIGHTING AND VENTILATION -- All rooms shall be well lighted and well ventilated. Item 5p. MISCELLANEOUS PROTECTION FROM CONTAMINATION -- The various milk plant operations shall be located and conducted so as to prevent any con- tamination of the milk or of cleaned equipment. All necessary means shall be used for the elimination of flies, other insects and rodents. There shall be separate roans 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. 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, milk containers, utensils and equipment shall be used for no purposes other than the processing of milk and milk products and the operations incident thereto, except as may be approved by the health officer. Item 6p. TOILET FACILITIES -- Every milk plant shall be ,provided with toilet facilities conforming with the ordinances of the City. 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. A placard on which Section 13 is printed, and a sign directing employees to wash their hands before returning to work, shall be posted in all toilet rooms used by employees. Where privies or earth closets are permitted and used, they shall be separate from the building, and shall be of a sanitary type, located, constructed and operated in conformity with the requirements of Item 10r. Item 7p. WATER SUPPLY -- The water supply shall be easily accessible, adequate, and of a safe, sanitary quality. Item 8p. HAND-WASHING FACILITIES -- Convenient hand-washing facili- ties shall be provided, including hot and cold running water, soap, and ap- proved sanitary towels. Hand-washing facilities shall be kept clean. The use of a common towel is prohibited. No employee shall resume work after us- ing the toilet room without having washed his hands. Item 9p. SANITARY PIPING -- All piping used to conduct milk or milk products shall be "sanitary milk piping" of a type which can be easily cleaned. Pasteurized milk and milk products shall be conducted from one piece of equip- ment to another only through sanitary milk piping. Item 10p. CONSTRUCTION AND REPAIR OF CONTAINERS AND EQUIPMENT -- All multi-use containers and equipment with which milk or milk products come into contact shall be of smooth, impervious, non-corrodible, non-tonic material; shall be so constructed and so located to be easily cleaned; and shall be kept in good repair. All single-service containers, closures, gaskets and other articles used shall have been manufactured, packaged, transported and handled in a sanitary manner. Item llp. DISPOSAL OF WASTES -- All wastes shall be properly disposed of. All plumbing and equipment shall be so designed and so installed as to prevent contamination of milk equipment by back-flow. .112 Item 12p. CLEANING AND BACTERICIDAL TREATMENT OF CONTAINERS AND EQUIPMENT -- All milk and milk-product containers and equipment, except single-service containers, shall be thoroughly cleaned after each usage. All such containers shall be subjected effectively to an approved bacteri- cidal 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 thoroughly cleaned and subjected to an effec- tive, approved, bactericidal process. Item 13p. STORAGE OF CONTAINERS AND EQUIPMENT -- After bacterici- dal treatment, all bottles, cans and other multi-use milk or râ–ºilk-product containers and equipment shall be transported and stored in such a manner as to be protected from contamination. Item 14p. HANDLING OF CONTAINERS AND EQUIPMENT -- Between bacteri- cidal treatment and usage, and during usage, containers and equipment shall not be handled or operated in such a manner as to permit contamination of the milk. Pasteurized milk or milk products shall not be permitted to come into contact with equipment with which unpasteurized, milk or milk products have been in contact, unless the equipment has first been thoroughly cleaned and effectively subjected to an approved bactericidal process. No milk or milk products shall be permitted to come into contact with equipment with which un- graded or a lower grade of milk or milk products have been in contact, unless the equipment has first been thoroughly cleaned and effectively subjected to an approved bactericidal process. Item lsp. STORAGE OF CAPS, PARCHMENT PAPER, AND SINGLE-SERVICE CON- TAINERS -- Milk-bottle caps or cap stock, parchment paper for milk cans, single-service containers, and gaskets shall be purchased and stored only in sanitary tubes, wrappings or cartons; shall be kept therein in a clean, dry place until used; and shall be handled in a sanitary manner. Item 16p. PASTEURIZATION -- Pasteurization shall be performed as described in Section 1 (L) of this ordinance. Item 17P. COOLING -- All milk and milk products received for pas- teurization shall be cooled immediately in approved equipment to 50 degrees F., or less, and shall be maintained at that temperature until pasteuri.zed,. unless they are to be pasteurized within 2 hours after receipt; and all pas- teurized milk and milk products, except those to be cultured, shall be cooled immediately in approved equipment to a temperature of 50 degrees F., or less, and shall be maintained thereat until delivery, as determined in accordance with Section 6. Item 18p. HOTTING AND PACKAGING -- Bottling and packaging of milk and milk products shall be done at the place of pasteurization in approved mechanical equipment. Item 19p. OVERFLOW MILK -- Overflow milk products shall not be sold for human consumption. Item 20p. CAPPING -- Capping of milk and milk products shall be done in a sanitary manner by approved mechanical equipment. Hand-capping is pro- hibited. The cap, or cover, shall protect the pouring lip to at least its largest diameter. Item 21p. PERSONNEL - BEALTH -- The health officer, or a physician authorized by him, shall examine and take a careful morbidity history of each person connected with a pasteurization plant, or about to be employed by one, whose work will bring him into contact with the processing, handling, storage or transportation of milk, milk products, containers or equipment. If such examination or history should suggest that such person may be a carrier of, or infected with, the organisms of typhoid or paratyphoid fever, or any other communicable disease likely to be transmitted through milk, he shall secure 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 exami- nations, and, if the results justify, such persons shall be barred from such employment. -13- Such persons shall furnish such information, submit to such physi- cal examinations, and submit such laboratory specimens as the health officer may require for the purpose of determining freedom from infection. No person with an infected cut or lesion on hands or arms shall handle milk, milk products, milk containers or milk equipment. Item 22p. PERSONNEL - CLEANLINESS -- All persons who come into contact with milk, milk products, containers or equipment shall wear clean outer garments, and shall keep their hands clean at all times while engaged in such work. Item 23p. VEHICLES -- All vehicles used for the transportation of milk or milk products shall be constructed and operated so as to protect their contents from the sun, from freezing, and from contamination. All vehicles used for the distribution of milk or milk products shall have the name of the distributor prominently displayed thereon. Milk tank-cars and tank-trucks shall comply with the construction, cleaning, bactericidal treatment, storage and handling requirements of Items 5p, 'Op, 12p, 13p and 14p. While containing milk, cream or milk products, they shall be sealed and labeled in an approved manner. For each tank ship- ment, a bill of lading containing all necessary information shall be prepared in triplicate, and shall be kept on file by the shipper, the consignee, and the carrier for a period of six months for the information of the health offi- cer. GRADE B PASTEURIZED MILK -- Grade B pasteurized milk is pasteurized milk which does not meet the bacterial-count standard for grade A pasteurized milk, and,/or the provision of lip-cover caps of Item 20p, and/or the require- ment that grade A raw milk for pasteurization be used, but which conforms with all other requirements for grade A pasteurized milk, and has been made from raw milk for pasteurization of not less than grade B quality, and has a bacterial plate count after pasteurization and before delivery not exceed- ing 50,000 per milliliter as determined in accordance with Section 6. GRADE C PASTEURIZED MILK -- Grade C pasteurized milk is pasteurized milk which does not meet the requirements for grade B pasteurized milk. Section 8. GRADES OF MILK AND MILK PRODUCTS WHICH MAY BE SOLD -- No milk or milk products shall be sold to the final consumer or to restaurants, soda fountains, grocery stores or similar establishments except certified pasteurized and grades A and B pasteurized: PROVIDED that grades R 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, and provided further that grade A raw goat milk may be sold to the final consumer or to restaurants, soda fountains, grocery stores or similar establishments. Section 9. REINSTATII+EW OF PERMIT; SUPPLEMENTARY REGRADING -- If at any time between regular announcements of the grades of milk or milk products, a lower grade shall become justified, in accordance with Section 5, 6 or 7 of this ordinance, the health officer shall immediately lower the grade of such milk or milk products and shall enforce proper labeling thereof. Any producer or distributor of milk or milk products the grade of which has been lowered by the health officer, and who is properly labeling his milk and milk products, or whose permit has been suspended at any time, may make application for the regrading of his products or the reinstatement of his permit. Upon receipt of a satisfactory application for regrading or rein- statement of permit based on correction of a violation of any bacteriological or cooling-temperature standard, the health officer shall take further samples at the rate of not more than two per week, and shall approve the application upon compliance with the grade requirements as determined in accordance with Section 6: PROVIDED that if samples are not available because of suspension of permit to operate, or for other reasons, the health officer may issue a tem- porary permit upon satisfying himself, by inspection of the facilities and the -14- operating methods, that the conditions responsible for the violation have been corrected, with final reinstatement of permit conditional upon subse- quent bacteriological or temperature findings. In case the lowered grade of the applicant's product or the permit suspension had been due to a violation of an item other than bacteriological standards or cooling temperature, the said application must be accompanied by a statement, signed by the applicant, to the effect that the violated item of the specifications has been corrected. Within one week of the receipt of such an application and statement, the health officer shall make a reinspec- tion of the applicant's establishment, and thereafter as many additional re- inspections 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 upward or reinstate the permit. Section 10. TRANSFERRING OR DIPPING MILK; DELIVERY CONTAINERS; COOLING; QUARANTINED RESIDENCES -- Except as permitted in 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 especially used for that purpose. The sale of dip milk is hereby prohibited. Milk and fluid-milk products sold in the distributor's containers in quantities of one gallon or less shall be delivered in standard milk bottles or in single-service containers. It shall be unlawful for hotels, soda foun- tains, restaurants, groceries and similar establishments to sell or serve any milk or fluid-milk products except in the individual, original container in which it was received from the distributor, or from a bulk container equipped with an approved dispensing device: PROVIDED that this requirement shall not apply to cream, whipped cream or half and half which is consumed on the premises, and which may be served from the original bottle or from a dispenser approved for such service, nor to milk served at hospitals and institutions, which may be served from 1-quart containers packaged at a milk plant, nor to mixed milk drinks requiring less than 2 pint of milk, which may be poured from 1-quart or 2-quart containers packaged at a milk plant. It shall be unlawful for any hotel, soda fountain, restaurant, gro- cery, hospital or similar establishment to sell or serve any milk or milk product which has not been maintained, while in its possession, at a tempera- ture of 50 degrees F., or less. If containers of milk or milk products are stored in water for cooling, the pouring lips of the containers shall not be submerged. It shall be the duty of all persons to whom milk or milk products are delivered to clean thoroughly the containers in which such milk or milk products are delivered before returning such containers. The delivery of milk or milk products to, and the collection of milk or milk-product containers from residences in which cases of communicable disease transmissible through milk supplies exist, shall be subject to the special requirements of the health officer. Section 11. MILK AND MILK PRODUCTS FROM POINTS BEYOND THE LIMITS OF ROUTINE INSPECTION -- 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 which are substantially equivalent to the requirements of this ordinance, and which are enforced with equal effectiveness, as determined by a milk-sanitation rating. Section 12. FUTURE DAIRIES AND MILK PLANTS -- 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 extensively altered, shall conform in their construction to the grade A requirements contained in this ordinance. Properly-prepared plans for all dairies and milk plants, which are hereafter constructed, reconstructed or extensively altered, shall be sub- mitted to the health officer for approval before work is begun. In the case of milk plants, signed approval shall be obtained from the health officer and/or the State health authority. -15- Section 13. NOTIFICATION OF DISEASE -- No person with any disease in a communicable form, or who is a carrier of such disease, shall work at any dairy farm or milk plant in any capacity which brings him into contact with the production, handling, storage or transportation of milk, milk products, containers or equipment; and no dairy farm or milk plant shall employ in any suer capacity any such person, or any person suspected of having any disease in a communicable form, or of being a carrier of such disease. Any producer or dis- tributor of milk or milk products upon whose dairy farm, or in whose milk plant, any communicable disease occurs, or who suspects that any employee has contracted any disease in a communicable form or has become a carrier of such disease, shall notify the health officer immediately. Section 14. PROCEDURE WHEN INFECTION IS SUSPECTED -- When reason- able cause exists to suspect the possibility of transmission of infection from any person concerned with the handling of milk or milk products, the health officer is authorized to require any or all of the following measures: (1) the immediate exclusion of that person from milk handling; (2) the im- mediate exclusion of the milk supply concerned with distribution and use; and (3) adequate medical and bacteriological examination of the person, of his associates, and of his and their body discharges. Section 15. ENFORCEMENT INTERPRETATION -- This ordinance shall be enforced by the health officer in accordance with the interpretations there- of contained in the 1953 edition of the United States Public Health Service Milk Code, a certified copy of which shall be on file in the City Secretary's Off ice. 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 ordi- nance or ordinances, except insofar as the provisions of this ordinance are in direct conflict with the provisions of such ordinance. Article V of Chapter 18 of the Fort Worth City Code containing Sections 88 through 118, inclusive, 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 rea- son by a court of competent jurisdiction, such decision, opinion or judgment shall in 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 effect, 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, cor- poration or association of persons failing or refusing to comply with any of the provisions hereof shall be guilty of a misdemeanor, and, upon convic- tion thereof, shall be fined in'any `sum. not to exceed Two Hundred Dollars (200.00), and each day's 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 produc- tion, sale and distribution of milk and milk products to consumers in the City of Fort Worth, Texas. That this 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 that, after being so published, said ordinance shall be ad- mitted as evidence in all courts, state and federal, without further proof be- yond the production of said printed pamphlet. ATTEST: City Secretary APPROVED AS TO FORM: 16- Assistant City Attorney