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HomeMy WebLinkAboutOrdinance 1095 ` ORDINANCE 0. 1095 AN ORDINANCE BT.;.'ISIIdG CHA?TER VII, TITU VII OF THE REVISZD ORDIRA17CES OF THE CITY OF FORT ORTH, SAS, M MATING TO DAIRIES AND I,,IIIZ,CODIFI* BY HUGH BARDIN AND ADOPTED 3Y THE BOARD OF CO'.-AISSIONERS OF SAID CITY ON T SllAY, 26T1I''DAY OF JANUARY, 1915, DEFIN,NG `V.ILK P_ND CARTAIN MILK PRODUCTS", " '.I ' PROD ER",'� "?ASTEURIZATION", ETC. PROHIBIT'IPG THE TALE OP ADULTERATED AND MISBRANDED MIIX AND M%LK PRODUCTS, REQUIRING PERMITS FOR 97U' SALE CF MILK AND IrIILK PRODUCTS, REGULATING THE INSPECTION OF DAIRY FARMS AND MILK PLANTS, THE TESTING, GRADING, LABELING, PLACART)TNG, PA -TEURIZATION, REGRADING, DISTRI- BUTIONk SALE AND DENATURING OF MILS AND MILK PRODUCTS, PROVIDING FOR PHE PUBLISHING OF MILS WXES, THE CONSTRUCTION OF FUTURE 'DAIRIES : I1D -:IILS PLANTS, THE.,SNPORGEMENT OF THIS ORDINANCE, AND PROVIDING PENALTIES; FCR THE VIOLATION THEREOF. BE IT ORDAINED BY THE CITY COUNCIL CF THE CI X OF FORT NORTH, AS FOLLOw'S: SECTION I. DEFINITIONS. The following definitions shall 4pply in the interpre- tation and the enforcement of this Ordinance: MILK. (A) Milk is hereby defined to be the whole, fresh, clean, lacteal secretion obtained Uy the complete milking on one or more healthy cows, properly fed and kept, excluding that ob-+ tained within fifteen days before and five days after calvint, or such longer -periods as may be necessary to render the milk practically colostrum free; which contains not less than eight and one-half percent (8j) of solids not fat and not less than three and one-fourth percent (3j) of milk fat. MILK FAT OR BUTTER FAT. (B ) Milk fat or butter fat is the fat of fat of milk and has a Reichert-Meissel number of not less than twenty- four (24 and a specific gravity of not less than 0.905, (40 degrees C/ 40 degrees 0). CREAM. (C) Cream, sweet cream, is that portion of milk, rich in milk fat, which rises to the surface of milk on standing or is separated from it by centrifugal force, is fresh and clean, and which contains not less than eighteen percent (18%) of milk fat; provided that cream having less than 18% milk fat shall be known as SUB-STANDARD CREAM. Cream having less than thirty percent (30%) milk fat shall be known as LIGHT CREAM. Cream having more than thirty percent (30%)and less than forty percent (40%) milk fat shallbe known as HEAVY CREAM, and Cream having more than forty percent (40%) milk fat shall be known as EXTRA HEAVY CREAM. WHIPPING CREAM AND MANUFACTURING CREAM Are creams intended for whipping or manufacturing purposes, and the grades of same shall not be based on bacterial count. SKIMb'IED MILK. (D) Skimmed Milk is milk from which substantially all the milk fat has been removed. ADJUSTED MILK. (E) Adjusted milk is milk in which the percentage of milk fat has been adjusted by the addition or removal of cream or skimmed milk. BUTTER MILK. (F) Buttermilk is the product which remains when milk fat is removed from milk or cream, sweet or sour, in the process of churning. It contains not less than eight and five tenths percent (8.5%) of milk solids not fat. CULTURED BUTTERMILK. (G) Cultured buttermilk is the product resulting from the sotaring or treatment by a lactic aedi culture of milk or milk products. EVAPORATED MILK (UNSWEETENED) (H) Evaporated milk (unsweetened) is milk from which a considerable portion of water has been evaporated and which contains not less than twenty five and five-tenthss percent (25.5%) of milk =)lids and not less t3yaan seven and eight-tenths percent (7.8%) milk fat. CONDENSED MILK (SWEETENED) (I) Condensed milk (sweetened) is milk from which a considerable portion of water has been evaporated, to which sugar has been added, and which contains not less than twenty-eight per cent (28%) of milk solids and not less than eight percent (8%) milk fat. CONDENSED SKIMMED MILK. (J) Condensed skimmed milk is skimmed milk from which a considerable portion of water has been evaporated, and which contains not less than twenty percent (20%) of milk s solids. POWDERED (DRIED) WHOLE MILK. (K) Powdered whole milk is milk from which substantially all of the water has been removed, and which contains not less than twenty six percent(26%) of milk fat, and not more than five percent (5%) of moisture. POWDERED (DRIED) SKIMMED MILK. (L) Powdered skimmed milk is skimmed milk from which substantially all of the water has been removed, and which contains not more than five percent (t%) of moisture. RE-COMBINED MILK. (M) Re-combined milk is a substance produced by recom- bining powdered whole milk, powdered skimmed milk, condensed or evaporated whole milk, or skimmed milk and milk, with water, and shall conform in milk fat percentage and bacter- ial counts to bhe provisions of this Ordinance relating to milk. MILK PRODUCTS. (N) Milk Products shall be taken to mean and include -3- cream, skimed milk, adjusted milk, buttermilk, cultur- ed buttermilk, evaporated milk (unsweetened, ) condensed milk, (sweetened) condensed skimmed milk, powdered whole milk, powdered skimmed milk and re-combined milk. PASTEURIZATION. (�) The terms "pasteurization", "pasteurized."pasteurizer and similar terms shall be taken to refer to the procesx of heating milk or milk products to a temperature of not less than one hundred and forty two de0ees (142 degrees( Fahrenheit, and holding at such temperature for not less than thirty (30) minutes, in pasteurization apparatus app- roved by the Health Officer, the temperature and time being automatically recorded by a temperature and time recording device, ADULTERATED MILK AND MILK PRODUCTS. (P) Adulterated milk and milk products are milk and milk products defined in this Ordinance which do not conform with the definitions contained in this Ordinance. MILK PRODUCER. (q) A milk producer is any person, firm or corporation who owns or controls one or more cows, a part or all of the milk from which is for sale, or sold or delivered to another person, firm or corporation. MILK DISTRIBUTOR, (R) A milk distributor is any person, firm or corporation which has in possession, offers for sale, sells, or delivers to another, any milk or milk products for consumption or manufacturing purposes. (S) 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 Bold or delivered to any person, firm or corporation. -4- r MILK PLANT (T) A milk plant is any place, or premises, or estab- lishment where milk or milk products are collected, handled, processed, stored, bottled, pasteurized, or prepared for distri- bution. HEALTH OFFICER, (U) The City 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. AVERAGE BACTERIAL COUNT. (V) Average bacterial count shall be taken to mean the average bacterial count of all samples taken during the grad- ing period, including at least four samples taken upon separ- ate days. GRADING PERIOD. ( W) The grading period shall be such period of time as the 'Director of Public Health and Welfare may designate, with- in which grades shall be determined for all milk and cream supplies, provided that the grading period shall in no case exceed six (6) months. SECTION II. THE SALE OF ADULTERATED OR MISBRANDED MILK OR MILK PRODUCTS PROHIBITED. No person, firm, association or corporation, shall within the City of Fort Worth, produce, sell, offer or expose for sale, or have, in possession with intent to sell, any milk or milk product which is adulterated or misbranded. SECTION III. PERMITS. It shall be unlawful for any person, firm,-' association or corporation to bring into or receive into the City of Fort Worth, for sale, or to sell or offer for salg therein, or to have on hand any milk or milk product, excepting evaporated milk, condensed milk, condensed skimmed milk, powdered whole milk and powdered skimmed milk, who does not possess an unrevoked permit from the Director of Public Health and Welfare -5- of the City of Fort Worth, and on whose vehicles or in whose place of business there doesnot appear in a conspicuius place a placard showing the permit number in fffgures at least three inches high and one and one-half inches wide. Such a permit may be revoked by the Health Officer upon the violation by the holder of any of the terms of this or any other Health Ordinance of the City of Fort `north, provided that the holder of said permit shall, after complying with such re- vocation have the right of appeal to the City Council. SECTION IV. LABELING AND PLACARDING. 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 the Ordinance; (2) the grade of the contents if said contents are graded under the provisions of this Ordi- nance; (3) the word "pasteurized" if the contents have been pasteurized; (4) the word "raw" if the contents are raw; (5) the percentage of milk fat if the package or other container encloses adjuetedlmilk. Every grocery store, restaurant, cafe, soda fountain or similar establishment selling or serving milk shall display in a place designated by the Health Officer, a card furnished by the Health Officer, stating the grade of the milk at the time when delivered and whether same is raw or pasteurized. SECTION V. INSPCTION OF DAIRY FARMS AND MILK PLANTS FOR THE PURPOSE OF GRADING OR RE-GRADING. At least once during each grading period the Health Officer shall inspect every dairy farm producing milk or cream for con- sumption within the City of Fort Worth, and all milk plants whose milk or cream is intended for consumption within the City of Fort Worth. In case the Health Officers 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 r_ to be remedied but not before the lapse of three days, and the second inspection shall be used in determining thegrade of milk or cream. 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, cn d said inspect- ion report shall not be removed by any person except the Health Officer. Another copy of the inspection report shall be filed with the records of the Health Department. In addition, a writ- ten notice shall be mailed to or left with the owner or manager in the case of violation. SECTION VI, THE TESTING OF MILK AND MILK PRODUCTS. During each grading period at least four samples of milk or cream from each dairy farm and each milk plant shall be tested by the Health Officer. Samples of milk and cream from stores, cafes, soda fountains, restaurants, and other places where milk products are sold, shall be tested as often as the Health Officer may require. Said tests shall include the determination of the bacterial count made in conformity with the standard methods recommended by the American Public Health Association, and may include 'such other chemical and physical determination as the Health Officer may deem necessary for the detection of adulter- ation. Notices of bacterial counts shall be given to the pro- ducer or distributor concerned as soon as made, or to any inter- ested person on request. Samples may be taken by the Health Officer at any time prior tm the final delivery of the milk or milk products. All stores, cafes, restaurants, soda fountains and other similar places sl{all furnish the Health Officer, upon his request, the name of the milk distributor from whom their milk is obtained. Should the market value of any single sample exceed twenty five cents the City of Fort Worth shall pay the distributor there- for. SECTION VII. THE GRADING OF MILK AND CREAM. At least once every six (6) months the Health Officer may announce through the daily press the grades of all milk and cream supplies delivered by all producers or distributors and ultimately consumed within the City of Fort 'forth. Said grades shall be based upon the following standards: the grading of cream being identical with the grading of milk except permissible bacterial limits shall be multiplied by five fold in each case. CERTIFIED MILK. Certified milk is milk which conforms with the requirements of the American Ass6ciation of Medical Milk Commissions, and pro- duced under the supervision of the Medical Milk Commission of the Medical Society of Tarrant County. GRADE "A" RAW MILK. Grade "A" Raw Milk is milk whose average bacterial count as determined under Section 6 of the Ordinance does not exceed 60,000 per cubic centimeter, and which is produced upon dairy farms conforming with all of the following items of sanitation: COWS: (1) A physical examination and tuberculin test of all cows shall be made before any milk therefrom is sold and at least once every twelve months thereafter by a veterinarian approved by the Health Officer, and a metal tag bearing the number shallbe placed in the ear of each cow so tested, or other permanent mark of identification. A certificate signed by the veterinarian, and filed with the Health Officer, shall be the only valid evidence of the above test. Every diseased animal shall be removed from the herd at once and no milk from diseased cows shall be offered for sale. All reacting animals shall be isolated at cnee and immediately excluded from the premises. All animals failing to pass the tuberculin test shall be branded with the lbtters "T" or "T.B" on the shoulder, hip or jaw and removed at once and slaughtered under the direction of the Health Officer. Each letter in the brand shall betnot less than two inches high and one and one-half inches wide. A fee of $Z;00 for the first cow -8- and 25� for each cow thereafter shall' be charged..add shall be be payable by the owner to the Veterinarian performing such service and with the approval of the Director of the Department of Public Health and Welfare. DAIRY BARNS. Lighting. (2) All dairy barns shall have at least three square feet of window space for each animal. Air Space. (3) All dairy barns shall have at least five hundred (500) feet of air space per cow. Floors. (4) Floors and gutters of all dairy barns shall be construct- ed of concrete or other impervious and easily cleaned material approved by the Health Officer and shall be graded to drain properly, and shall be kept clean and in good repair. Walls and Ceiling. (5) The walls and ceilings of all dairy barns shall be white- washed once each year or painted once every two years, or finished in a manner approved by the Health Officer, and shall be kept clean, and in good repair. In case hay or other feed stuffs are stored above the barn the ceiling shall be kept tight. Cow Yard: (6) All cow yards shall be graded and drained as well as practicable and kept clean. Manure Disposal: (7) All manure shall be removed and stored or disposed of in such manner as best to prevent the breeding of flies therein. MILK HOUSE OR ROOM. Construction: (8) There shall be provided a separate milk house or milk room for the handling and storage of milk, provided with a tight floor constructed of cement or other impervious material and graded to provide proper drainage. The walls and ceilings of the _s_ and 25¢ for each cow thereafter shall be charged and shall be payable by the owner to the Veterinarian performing such service and with the approval of the Director of the Department of Public Health and Welfare. DAIRY BARNS. Lighting. (2) All dairy barns shall have at least three square feet of window space for each animal. Air Space. (3) All dairy barns shall have at least dive hundred (500) feet of air space per cow. Floors. (4) Floors and gutters of all dairy barns Fall be construct- ed of concrete or other impervious and eqsily cleaned material approved by the Health Officer and shall be graded to drain properly, and shall be kept clean and in good repair. Walls and Ceiling. (5) The walls and ceiliW of all dairy barns ahallbe white- washed once each year or painted once every two years, or finished ` in a manner approved by the Health Officer, and shall be kept clean in good repairy jn case hay or other feed stuffs are stored above the barn the ceiling shall be kept tight. Cow Yard: (6) All cow yards shall be graded and drained as well as practicable and kept clean. Manure Disposal: (7) All manure shall be removed and stored or disposed of in such manner as best to prevent the breeding of flies therein. MILK HOUSE OR ROOM. Construction: (8) There shall be provided a separate milk house or milk room for the handling and storage of milk, provided with a tight floor constructed of cement or other impervious material and .graded to provide proper drainage. The walls and ceilings of the -9- milk house or room shall be of such construction as to permit easy cleaning and shall be painted at least once each year or finished in a manner approved by the Health Officer. The Milk house or room shall be well lighted and all openings effectively screened to prevent the entrance of flies, and shall be used for no other purpose than the handling and storage of milk or milk products and other operations incident thereto. The cleaning and other operations shall be so located and conducted as to prevent any contamination one to the other. The milk room shall not open directly into the barn or into any other room used for sleep- ing or domestic purpose. Cleanliness: (9) the floors, walls, ceiling and equipment of the milk house or room shall be kept clean at all times. TOILET. (10) Every dairy farm shall be provided with a sanitary toilet constructed and operated in accordance with the Ordinance of the City of Fort Worth. No outside sanitary privy shall be located or sewerage efflu- ent be discharged within one hundred feet of any dairy barn, milk house, or source of water supply. WATER SUPPLY. (11) The water supply shall be easily aesessible, adequate and of a safe sanitary quality. UTENSILS. Construction. (12) All containers or utensils used in the hiomdling or storage of Milk or Milk Products must be of such construction as to be easily cleaned and must be in good repair. Joints and seams shall be soldered flush. All milk pails shall be of a narrow mouth design approved by the Health Officer. Cleaning: (13) All containers and other utensils used in the handling and storing or transportation of milk and milk products must be thoroughly cleaned by rinsing with clean water after each usage, scrubbing in an alkaline solution, and rinsing with clean water. Sterilization: (14) All containers and other utensils used in the handling, storing, or transportation of milk or milk products shall, between each usage be sterilized with steam. Storage: (15) All containers and other utensils used in the handling, storing or transportation of milk or milk products shall be stored so as not to become contaminated until used again. Handling: (16) After sterilization no container or other milk or milk product utensil shall be handled in such manner as to permit any part of the person or clothing to come in contact with any sur- face with which milk or milk products come in contact. MILKING: Udders and Teats: (17) The udder and teats of all milking cows shall be clean" and sponged with water containing chloride of lime or any other approved disinfectant, and dried with a disinfected cloth imm- ediately before milking. Flanks: (18) The flanks of all milking cows shall be kept free of visible dirt at the time of milking. Milker's Hands: (19) Milkerts hands shall be clean and rinsed with water con- taining chloride of lime or any other approved disinfectant and dried with a clean towel immediately before milking. Should the milking operation be interrupted the milkerts hands must be re- disinfected. Clean Clothing: (20) Milkers shall wear clean outer garments during milking, Milk Stools: (21) Milk stools shall be kept clean. Removal of Milk: (22) Each pail of milk shall be removed immediately to the Milk house. No milk shall be strained in the dairy barn. -11- COOLING. (23) Milk must be cooled within one hour after milking to 60 degrees Fahrenheit or less and maintained at or below that temperature until delivery, unless it is delivered to a milk plant for pasteurization or separation, in which case it must be cooled or pasteurized within two hours of the time of product- ion. BOTTLING AND CAPPING. (24) Capping shall preferable be done by machine. In case capping is done by hand, the hand shall be disinfected in a manner approved by the Health Officer before the process of capping is begun and after each interruption. Caps not purchased in sanitary containers and kept therein until used shall be kept in dustproof containers and shall be immersed in an approved disinfectant solution immediately before use. PERSONNEL. Health Certificates: (25) Every person whose work brings him or her in regular contact with the production, handling, storage or transporkation of milk or milk products shall hold a certificate from the Health Officer certifying to the fact that within twelve months labor- atory and other examinations have been made indicating that said person is free of tuberculosis, and that said person is not a carrier of typhoid fever, and that said person is free of any disease capable of being spread through milk supplies. Notification of Diseases: (26) Notice shall be sent to the Health Officer within twenty four hours by any milk producer or distributor upon whose dairy farm any infectious, contagious or communicable disease occurs. GRADE "B" RAW MILK. Grade "B" Raw Milk is milk that the average bacterial count of which at no time prior to delivery exceeds 200,000 per cubic centimeter, and which is produced upon dairy farms conforming with all of the items of sanitation required for Grade "A" Raw Milk except (2) (3) (4) (5) and (6) provided that cleanliness � w shall in no case be omitted. Item (14) shall apply except that boiling water may be substituted for steam. GRADE "C" RAW MILK. Grade "C" Raw Milk is milk the aversg a bacterial count of which is no tiffie prior to delivery exceeds 1,000,000 per cubic centimeter, end which is produced upon dairy 'farms conforming with all of the items of sanitation regtired for Grade "A" Raw Milk, except (1) (2) (3) (4) (5) (6) (7) (12) (14) (23) (24) and (25), provided that cleanliness shall in no case be omitted. DRADE "D" RAW MILK. Grade "D" Raw Milk is milk which does not meet the requirements of either Grade "Alf "B" or nC" Raw Milk, and the average bacterial count of which does not e1ceed 5,000,000. GRADE "A" PASTEURIZED MILK. Grade �W Pasteurized Milk is Grade "A" or Grade "B" Raw Milk vihich has been pasteurized, copled and bottled in a milk plant conforming with all of the following items of sanitation and the average bacterial count of which at no timeafter pasteurization and until delivery exceeds 50,000. BUILDING & EQUIPMENT. Floors; (1) The floors of all rooms in which Milk is handled shall be smooth, impervious, properly drained azd'provided with trapped drains and kept clean, Walls and Ceilings: (2) Walls and Ceilings of room in which milk is handled or stored shall be frequently painted with a light colored paiht or finished in a manner approved by the Health Officer, and kept clean. Doors and Windows: (3) All openings into the outer air shall be effectively screened to prevent the access of flies. Doors shall be self-clos- ing. Lighting and Ventilation: (4) All rooms shall be well lighted and ventilated. Protection from contamination: (5) The various milk plant operations shall be so located -13- and conducted as to prevent any contamination one to the other. Toilet Facilities: (6) Every milk plant shall be provided with toilet facil- ities conforming with the ordinances of the City of Fort Worth. There shall be at least one room or vestibule not used for milk purposes between the toilet room and any room in which milk or milk products are handled. The door of all toilets shall be self-clos- ing. Toilet rooms shall be kept in a clean condition, in good repair, and well ventilated. In case of privies or earth closets are permitted and used, they shall be located at least 100 feet from the building and shall be of a sanitary type, constructed and operated in conformity with the ordinances of the City of Fort Worth. Water Supply: (7) The Water supply shall be easily accessible, adequate, and of a safe sanitary equality. Wash Room: (8) A wash room shallbe provided, equipped with hot running water, soap and sanitary towels of a type approved by the Health Officer. The use of a common towel is prohibited. Milk Piping: (9) Only "sanitary milk piping" of a type which can be easily cleaned with a brush shall be used. Construction of equipment: (10) All equipment with which milk comes in contact with shall be constructed in such manner as to be easily cleaned and shall be kept clean. Disposal of Wastes: (11) All wastes shall be disposed of in conformity with the requirement of the Health Officer. METHODS* Cleaning and Sterilizing of Containers and Apparatus. (12) All milk containers and milk apparatus shall be thoroughly cleaned after each usage by rinsing with clean water, then scrubbing in an alkaline solution, then rinsing with clean -14- welter, and finally sterilized in a manner approved by the Health Officer. Storage of Containers: (13) After sterilization all bottles, cans and other con- tainers shall be stored in an inverted position in a clean place protected from contamination. Handling of Containers and Apparatus: (14) Between sterilization and usage all containers and ap- paratus shall be handled in such manner as to prevent any part of the person or clothing from coming in eontabt with any surface with which milk or milk products come in contact. Storage of Caps: (15) Milk bottle caps shall be purchased and stored only in sanitary tubes and shall be kept therdin until used. Pasteurization: (16) Pasteurization shall be performed as described in the definition section of this Ordinancek The time and temperature record charts shall be preserved for a period of three months for the information of the Health Officer. Cooling: (17) All milk not pasteurizedupon receipt shall be immediate- ly cooled to a temperature of 60 degrees Fahrenheit or less and maintained thereat until pasteurizad} , and all pasteurized milk shall be immediately cooled to a temperature of 50 degrees Fahrenheit or less and maintained thereat until delivery. Bottling: (18( Bottling shall be done in such a manner as to =-rovent any part of the person or clothing from coming in contact with any surface with which milk or milk products come in contact. Over-flow Milk: (19) Over-flow milk which has become machine contaminated shall not be sold for human consumption. Capping: (20) Capping shall be done by machinery approved by the Health Officer. Hand capping is prohibited. Time of DeliverY: Or Time of Delivery: (21) Milk to be consumed in the form of whole milk shall be delivered to the final consumer within thirty six hours of the time of pasteurization. PERSONNEL. Health Certificates: (22) Every person whose work 'bri'ngs him or her in contact with the production, handling, storage or transportation of milk or milk products shall hold a certificate from the Health Officer certifying to the fact that within twelve months laboratory and other examinations have been made-indicating that said person is free of tuberculosis, that said person is not a carrier of typhoid fever, and that said person is free-of any disease capable of being spread through milk supplies. Notification of Diseases: (23) Notice shall be sent to the Health Officer within twenty four hours by any milk producer or distributor upoli whose dairy farm any infections, contagious, or communicable disease occurs. Cleanliness: (24) All persons coming in contact with milk or milk pro- duct contqiners or equipment shall wear clean outer garments and shall keep their hands clean at all times while thus engaged. GRADE "B" PA STFURIZED MILK. Grade "B" Pasteurized Milk is Grade "A" "B" or "C" Raw Milk which has been pasteurized, cooled and bottled in a milk plant . conforming with all of the items of sanitation required for Grade "A" Pasteurised Milk excepting r2j (4) (24) and th,-, aver^.rn� ial count of which at no time after pasteurization and prior to delivery exceeds 100,000. GRADE "C" PASTEURIZED MILK. Grade "C" Pasteurized milk is pasteurized milk which does not meet the requirements of either Grade "A" or Grade "h" Pasteurized, Milk and the average bacterial count of which at no time prior to delivery exceeds 500,000 per cubic centimeter. Grade "C" Pasteu- -16- riled Milk shall be sold for cooking and manufacturing purposes only and every container thereof -shall be marked with the words "for Looking and manufacturing purposes only". SECTION 8. At any time between regular announcements of milk grades any producer or distributor may make application for re-grading his product. In case the applicant's existing low grade is owing to excessive bacterial count, said application must be supported by at least two bacteriological examinations made subsequent to the end of the previous grading period and indicating that the quality of the applicantfs output has improved since the last grading announce- ment, and confarms with the requirements of a higher grade. The - samples 'tpon which the said two analyses are made may be brought to the Health Department Laboratory by the applicant. Upon the receipt of a satisfactory application, the Health Officer shall make at least Pour bacteriological analyses upon samples collected by the Health Officer of the applicant's output within a period of not less than two weeks and not more than three weeks of the date of the application. The Health Officer shall award a higher grade immediately in case the said four analyses indicate the necessary cgality. In case the applicant's existing low grade is owing to a vio- lation of an item of sanitation other than bacterial Count, said application must be accompanied by a statement signed by the applicant to the affect that the violated item of sanitation has been conformed with. Within one week of the receipt of such an application, the Health Officer shall make a re-inspection of the applicants establishment and, in case the finding justify, shall award a regrade. At any time between regular announcements of milk grades the Health Officer may lower the grade of any milk producer or distr- ibutor if as a result of inspection or milk analyses a lower grade shall be justified in accordance with the terms of this Ordinance. 17 SECTION � IX. No Milk producers or distributors shall transfer Milk or Cream from mne container to another upon the streets orAany vehicle or store or in any place except a bottling or Milk Room eslsecially used for that purpose,emeepting as follows: That Mil} may be transferred from the original container to glasses for the purpose of serving consumers, or for the purpose of making milk drinks at Soda Fountains. The sale of Dip Milk is hereby expressly prohibited, provided that nothing contained in this Section shall prohibit the sale of bulk milk for cooking and manufacturing purposes. SECTION X. MILK NOT TO BE PASTEURIZED OUTSIDE OF TARRANT CO UNTYI No mill* or Cream 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 XI. SPITTING. N® person shall spit except into a receptacle provided for the purpose in any part of any room, vehicle or other place used for the sale, storage, handling or transportation of Milk. SECTION XII. VEHICLES. All vehicles used for delivery of milk in the City of Fort Worth shall be so constructed as to protect the milk from the sun and from contamination. such vehicles shall be kept clean while used in transporting milk or milk products. No substance capable of contaminating milk or milk products shall be transported with milk or milk products. SECTION XIII. DENATURING MISBRANDED PRODUCTS. The Health Officer shall immediately denature with rennet or some harmless coloring matter m y milk or milk products found mis-branded with respect to grading or sold without a permit. -18- SECTION XIV. RE*PASTEURIZATION PROHIBITED. No milk or milk products shall be pasteurized more than once. SECTION XV, FUTURE DAIRIES AND MILK PLANTS. All dairies and milk plants from which milk is supplied to the City of Fort Worth which are hereafter constructed, shall conform in their construction to the requirements of this Ord- inance. SECTION XVI`. Milk which does not conform with any of the grades described in this Ordinance shall not be sold in the City of Fort Worth, Grade I'D" Raw Milk-Is eby declared to be unfit for hthman consumption and shall not be sold or Offered for sale in the City of Fort Worth. SECTION XVII. Every Milk Producer, operator of Dairy or Dairy farms as defined hereinbefore under Section One, 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 aid Welfare, upon forms prescribed and furnished by said Director for a permit to produce milk, operate or do business as that term is herein- before defined in this Ordinance, in the City of Fort Worth, and shall pay therefor in advance, the sum of $2.00 and thereupon shall receive a permit in writing to produce milk, operate and do business in said City under the terms of this Ordinance. Such permit shall entitle said Milk Producers to operate and do business in accord- ance with the providions 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 nontransfer- able end 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. SECTION XVIII. Every Milk Distributor or operator of a Milk Plant as defined in this Ordinance whether operated by an individual or as a firm A association, partnership, 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 form 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 follows: Mich fee shall be based upon the average daily amount of milk distributed computed over the years output, and as established in advance, and shall be in the sum of $2.00 for the first twenty five gallons or less for such average daily output and an additional fee of $1.00 for each twenty five gallons or fraction therefor 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 the 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 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 renewed annually upon application and payment of a like sum in accordance with and subject to the terms and conditions of this Ordinance. SECTION XIX. 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 separate permito for such production and distribution and shall comply with and pay the fees hereinbefore described, before it shall be permitted to engage in -20- r such milk production and milk distribution. SECTION XK PENALTY. Any person, firm, association or corporation who shall violate any provision of this Ordinance shall be fined not less than $10.00 nor more than $100.00, upon being found guilty in the corporation courts of this City and each Day's violation of this Ordinance shall constitute a separate offense and punishable as such. SECTION XXI. REPEAL AND DATE OF EFFECT. All ordinances and parts of ordinances in conflict with this Ordinance are hereby repealed; and this Ordinance shallbe and become in full force and effect on the sixty-first day after its adoption and its publication as provided by law. SECTION XXII. UNCONSrPITTIONALITY CLAUSE. Should any section, paragrAph, Sentence, clau"se, or phrase of this Ordinance be declared unconstitutional or invalid for any reason, the remainder of said Ordinance shall not be affected thereby. Each and every violation of the provisions of this Ordinance shall constitute a separate offense. ORDINANC Not(9946- Titl �u/ P zwdyc1/Oh tsa�p -,4-AsLaeAufeoh Of 4 4 Date 1g25 Filed day o:L,9ck 192 City Secretary