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HomeMy WebLinkAboutOrdinance 6915 ORDINANCE NO. G -! IS AN ORDINANCE AMENDING CERTAIN SECTIONS OF ARTICLE VI, "FROZEN DESSERTS, " OF CHAPTER 19 OF THE CODE OF THE CITY OF FORT WORTH (1964) , AS AMENDED, BY AMENDING CERTAIN DEFINITIONS; BY AMENDING CERTAIN PROVISIONS CONCERNING THE SALE OF ADULTERATED OR MISBRANDED FROZEN DESSERTS; BY AMENDING CERTAIN PROVISIONS REGARDING PERMITS; BY AMENDING CERTAIN LABELING REQUIREMENTS; BY AMENDING CERTAIN PROVI- SIONS PROVIDING FOR THE EXAMINATION OF FROZEN DES- SERTS AND INGREDIENTS; BY AMENDING CERTAIN SANITARY REQUIREMENTS FOR FROZEN DESSERT PLANTS; BY AMENDING CERTAIN PROVISIONS CONCERNING FUTURE FROZEN DESSERT PLANTS; AND BY AMENDING THAT PROVISION CONCERNING THE ENFORCEMENT DUTY OF THE HEALTH OFFICER; PRO- VIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES AFFECTING THE REGULATION OF FROZEN DESSERTS; PROVIDING FOR REPEAL; PROVIDING A SAVINGS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENAL CLAUSE; AND NAMING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS: SECTION 1. That Section 19-138 of Article VI of Chapter 19 of the Code of the City of Fort Worth (1964) , as amended., be, and the same is hereby amended to read as follows: "The following definitions shall apply in. the interpretation and enforcement of this article: " (a) Adulterated or misbranded frozen dessert or mix. Any frozen dessert or mix which contains any unwholesome substance or which if defined in this chapter, or which if defined in the Texas Food and Drug Laws or in the Definitions and Standards of Identity for Frozen Desserts of the Texas State Department of Health, and does not conform with such definitions, shall be deemed adulterated and/or misbranded. " (b) Frozen dessert retailer. Any person who sells, serves, dispenses or processes frozen des- sert or mix at retail price. "(c) Frozen dessert. Any wholesome frozen or partially frozen combination of two or more of the following: milk or milk products, eggs or egg products, sugars, water, fruit or fruit juices, candy, nut meats, or other harmless and wholesome food products, flavors, color or harmless stabi- lizer, and shall be deemed to include ice cream, frozen custard, ice milk, milk sherbet, ices and other similar products. "(d) Frozen dessert manufacturer. Any person who manufactures, processes or freezes any mix or frozen dessert for distribution or sale. "(e) Frozen dessert plant. Any place or premises where frozen desserts or mix are manufactured, processed or frozen for distribution or sale. "(f) Health Officer. The director of the Depart- ment of Public Health of the City of Fort Worth or his authorized representative. "(g) Limits of routine inspection. The limits of routine inspection shall be Tarrant County. "(h) Milk and milk products. Milk, cream, frozen cream, plastic cream, fluid skim milk, sweet cream, butter, sweetened and unsweetened evaporated milk, sweetened and unsweetened evaporated skim milk, sweetened and unsweetened condensed milk, sweetened condensed skim milk, powdered whole milk, powdered skim milk, whey powder, sweet cream buttermilk, sweet cream condensed buttermilk, and sweet cream powdered buttermilk, or any of these products from which lactose has been wholly or partially removed. "(i) Mix. The unfrozen combination of all in- gredients of a frozen dessert with or without fruits, fruit juices, candy, nut meats, flavor or harmless color. "(j) Pasteurization. The term 'pasteurization, ' 'pasteurized, ' and similar terms shall refer to the process of heating every particle of mix to at least one hundred and fifty-five (155) degrees Fahrenheit and holding at such temperature for at least thirty (30) minutes or one hundred seventy- five (175) degrees Fahrenheit for at least twenty- five (25) seconds in approved and properly operated equipment; provided that nothing contained in this definition shall be construed as excluding any other process which has been demonstrated to be equally efficient and is approved by the state health au- thority and the health officer. " (k) Person. Any person, firm, corporation, as- sociation or multiples thereof. "(1) Receiving station. Any place or premises where milk or milk products are received for sub- sequent delivery to frozen dessert plants." - 2 - SECTION 2. That Section 19-139 of Article VI of Chapter 19 of the Code of the City of Fort Worth (1964) , as amended, be, and the same is hereby amended to read as follows: "The sale of any mix or frozen dessert which is adulterated or misbranded is prohibited. No person shall, within the municipality of Fort Worth or its police jurisdiction, manufacture, freeze, sell, offer or expose for sale or have in possession with intent to sell any mix or frozen dessert which is adulterated or misbranded." SECTION 3. That Section 19-142 of Article VI of Chapter 19 of the Code of the City of Fort Worth (1964) , as amended, be, and the same is hereby amended to read as follows : "Every frozen dessert manufacturer shall make application to the health officer, upon forms pre- scribed and furnished by such officer, for an an- nual permit to manufacture frozen dessert or mix and to do business in the City of Fort Worth and shall pay therefor a monthly fee calculated upon monthly production volume as follows: Gallons of Frozen Dessert/Mix Monthly Fee 0 - 19,999 $ 10.00 20,000 - 39,999 16.50 40,000 - 59,999 23.00 60,000 - 79,999 29.50 80,000 - 99,999 36.00 100,000 - 124,999 42.50 125,000 + 50.00 "For production computation purposes, three dozen novelties shall equal one (1) gallon of frozen des- sert, three (3) pounds of dry mix shall equal one (1) gallon of mix and one (1) gallon of mix shall equal two (2) gallons of frozen dessert. "Each and all frozen dessert manufacturer per- mittees shall prepare a sworn, monthly report, such report indicating production volume for such month to the close of business on the last day of such month. Such report and the fee based upon such report shall be mailed to the health officer on or before the tenth day of each and every suc- ceeding month. 3 "If a frozen dessert plant is located outside of the limits of routine inspection, a monthly fee, in addition to that calculated by the above schedule, shall be determined by the following method: Ten cents ($0.10) multiplied by the number of miles such frozen dessert plant is distant from the Tarrant County Courthouse; pro- vided, however, that in case such frozen dessert plant is located within the police limits of in- spection of a city having a frozen dessert ordi- nance in effect which is the equivalent of this article and the health officer of such city is enforcing such ordinance, then the fee provided herein shall be the same as provided for those frozen dessert manufacturers located within the limits of routine inspection. "Each and every frozen dessert retailer shall make application to the health officer, upon forms prescribed and furnished by the health officer, for an annual permit to do business in the City and shall remit a fee of Ten Dollars ($10.00) to the City of Fort Worth, together with such appli- cation, at the office of the health officer." SECTION 4. That Section 19-143 of Article VI of Chapter 19 of the Code of the City of Fort Worth (1964) , as amended, be, and the same is hereby amended to read as follows: "Upon such application and payment of the first of such monthly fees provided for in Section 19- 142, such frozen dessert manufacturer shall re- ceive a permit in writing to distribute frozen dessert or mix and to do business in the City under the terms of this article. Upon such ap- plication and payment of the annual fee provided for in such section, such dessert retailer shall receive a permit in writing to do business in the City under the terms of this article. Such per- mits, unless revoked, shall continue in force for a period of one (1) year, beginning and ending with the fiscal year of the City. Such permits shall be nontransferable and shall be renewed annually upon application and payment of the prescribed fee in accordance with and subject to the terms and conditions of this article." SECTION 5. That Section 19-144 of Article VI of Chapter 19 of the Code of the City of Fort Worth (1964) , as amended, be, and - 4 - the same is hereby amended to read as follows: "Should suspension of such annual permits become justified, the health officer shall, subject to the provisions of this article, immediately suspend the permit of any frozen dessert plant or frozen dessert retailer found in noncompliance. "Any frozen dessert plant or frozen dessert re- tailer having had such permit so suspended may make application at any time for the reissuance of such permit. "When permit suspension is due to a violation of bacterial, coliform or cooling temperature standards, the health officer, within one (1) week after receipt of a written application for reinstatement of such permit, shall issue a tem- porary permit after determining by inspection of the facilities and operating methods that the con- dition responsible for such violation has been corrected. Samples shall then be taken at the rate of not more than two (2) per week on separate days within a three (3) week period. The health officer shall reinstate such annual permit upon his finding that such applicant has complied with the appropriate standard or standards specified in Section 19-148. "If the suspension of permit is due to the vio- lation of any item or items of the sanitary require- ments prescribed by Section 19-149, other than the bacterial, coliform or cooling temperature standards, such application must be accompanied by a statement signed by the applicant and indicating that such violation or violations of such requirements have been corrected. Within one (1) week of the receipt of such an application and statement, the health officer shall make a reinspection and, thereafter, as many additional reinspections as be may deem necessary to assure himself that such applicant is again complying with such requirements. If such reinspections indicate compliance, the health offi- cer shall reissue the permit." SECTION 6. That Section 19-145 of Article VI of Chapter 19 of the Code of the City of Fort Worth (1964) , as amended, be, and the same is hereby amended to read as follows : "At least once each year and whenever required by the health officer, each and every frozen dessert - 5 - manufacturer, having a permit to operate in the city, shall furnish the health officer a full and complete report, giving the sources of all ingre- dients used in the manufacture of frozen dessert. Such report shall cover the period of time desig- nated by the health officer. " SECTION 7. That Section 19-146 of Article VI of Chapter 19 of the Codes of the City of Fort Worth (1964) , as amended, be, and the same is hereby amended to read as follows: "All cans, packages and other containers en- closing mix or frozen dessert or their respective ingredients, except those filled from labeled bulk containers in retail dispensing, shall be labeled or marked in strict compliance with the Definitions and Standards of Identity of Frozen Desserts, as established by the Texas State De- partment of Health, Division of Milk and Dairy Products, three (3) certified copies of which shall be on file in the office of the City Secre- tary." SECTION 8. That Section 19-148 of Article VI of Chapter 19 of the Code of the City of Fort Worth (1964) , as amended, be, and the same is hereby amended to read as follows : "During any consecutive six (6) months ' period, at least four (4) samples of frozen dessert and mix from each frozen dessert plant shall be tested by the health officer. Samples of mix or frozen des- sert may be taken by the health officer at any time prior to final delivery. Samples of frozen dessert from frozen dessert retailers may be tested as often as the health officer may require. "Samples of ingredients of such frozen dessert or mix may be tested as often as the health offi- cer may require. Bacterial plate counts and coli- form determinations thereof shall be made in con- formity with the latest edition of Standard Methods of the American Public Health Association. Exam- inations may include such other chemical and phys- ical determinations as the health officer may deem necessary for the detection of adulteration, such examinations to be made in conformity with the latest edition of Standard Methods of the American - 6 - Public Health Association and the Association of Official Agricultural Chemists. Proprietors of each and every such plant and such retailers shall furnish the health officer, upon his request, the names of all persons from whom their mix or frozen dessert is obtained. "Whenever two (2) of the last four (4) consecu- tive bacteria counts, coliform determinations or cooling temperature readings taken on separate days of such frozen dessert or mix or their respective ingredients exceed the limit of the standards specified herein for such frozen dessert or mix or their respective ingredients, the health officer shall send a written notice thereof to such frozen dessert manufacturer. Such notice shall be deemed to be in effect so long as two (2) of the last four (4) consecutive samples exceed the limit of such standards. An additional sample shall be taken within fourteen (14) days of the sending of such notice, but not before the lapse of three (3) days. Immediate suspension of permit in accordance with Section 19-141 hereof, and/or court action may be instituted whenever the standard is violated by three (3) of the last five (5) bacteria counts, coliform determinations or cooling temperature readings. "Whenever a phospbatase test is positive, the cause shall be determined by the health officer. Whenever such cause is improper pasteurization, same shall be corrected, and any such mix shall not be offered for sale." SECTION 9. That the following paragraphs of Section 19-149 of Arti- cle VI of Chapter 19 of the Code of the City of Fort Worth (1964), as amended, be, and the same are hereby amended to read as follows: "All frozen dessert plants shall comply with the following items of sanitation: "Construction and repair of containers and_equip- ment. All multi-use containers and equipment with which mix, frozen dessert or their ingredients come in contact shall be corrosion-resistant and shall be constructed in such manner as to be easily cleaned, and same shall be kept in good repair. 7 "Pasteurization of mix.. All mix supporting bac- terial growth shall be pastuerized as described in Section 19-138. All such mix after formulation must be pasteurized prior to the freezing process. "Cooling and handling. All milk and fluid milk products received at frozen dessert plants for use in frozen dessert or mix shall not exceed fifty (50) degrees Fahrenheit and shall be maintained at such temperature until pasteurized. All pasteurized mix shall be immediately cooled in approved equip- ment to a temperature of forty-five (45) degrees Fahrenheit, or less, and maintained thereat until frozen. "All mix which is not frozen at the plant at which it was pasteurized shall be transported to the place of manufacturing or freezing in sealed containers, and such mix shall be handled in a sanitary manner. Dipping from containers of pas- teurized mix is prohibited. "Bacterial plate count of pasteurized mix or frozen dessert. The bacterial plate count of pas- teurized mix or frozen dessert shall at no time prior to final delivery exceed 20,000 per milli- liter or gram, or the coliform count exceed ten (10) per milliliter or gram, as determined pur- suant to Section 19-148. "'Ingredients All mix and frozen dessert ingre- dients shall be clean, shall have a fresh wholesome flavor and odor and a normal appearance, shall be of satisfactory quality, and shall be handled or processed in an approved manner. "Milk and milk products used as ingredients in the raw state shall have an average bacterial plate count not exceeding 400,000 per cubic centimeter or per gram, as determined pursuant to Section 19- 148. Milk and milk products used as ingredients in the pasteurized, condensed, evaporated or dried state shall have an average bacterial plate count not exceeding 30,000 per cubic centimeter or per gram; provided that such limits shall be doubled in the case of cream. " SECTION 10. That Section 19-152 of Article VI of Chapter 19 of the Code of the City of Fort Worth (1964), as amended, be, and the same is hereby amended to read as follows: - 8 - "All frozen dessert plants from which mix or frozen dessert are supplied to the inhabitants of the City of Fort Worth which are constructed, re- constructed or extensively altered after the ef- fective date of this ordinance shall conform in their construction to the requirements of this article. Properly prepared plans for all frozen dessert plants which are hereafter constructed, reconstructed or extensively altered shall be sub- mitted to the health officer for written signed approval, and such approval shall be obtained be- fore work is begun." SECTION 11. That Section 19-155 of Article VI of Chapter 19 of the Code of the City of Fort Worth (1964) , as amended, be, and the same is hereby amended to read as follows: "This article shall be enforced by the health officer in accordance with the food and drug laws of the State of Texas, the latest edition of the Frozen Desserts ordinance and Code recommended by the United States Public Health Service and the Definitions and Standards of identity of Frozen Desserts as prepared by the Texas State Department of Health, Division of Milk and Dairy Products. Three (3) certified copies of such frozen desserts ordinance and code and of such definitions and standards of identity shall be on file in the office of the city secretary." SECTION 12. That this ordinance shall be cumulative of all other ordi- nances affecting the regulation of frozen dessert and shall not repeal any of the provisions of such ordinances, except in those instances where provisions of those ordinances are in direct conflict with the provisions of this ordinance. SECTION 13. That all rights or remedies of the City of Fort worth, Texas, are expressly saved as to any and all violations of Article VI of Chapter 19 of the Code of the City of Fort Worth (1964) , as amended, which have accrued at the time of the - 9 - effective date of this ordinance; and, as to such accrued vio- lations, the Court shall have all of the powers that existed prior to the effective date of this ordinance. SECTION 14. That it is hereby declared to be the intention of the City Council that the sections, paragraphs, sentences, clauses and phrases of this ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared void, ineffective or unconstitutional by the valid judgment or final decree of a court of competent jurisdiction, such voidness, ineffectiveness or unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance, since the same would have been enacted by the City Council without the in- corporation herein of any such void, ineffective or unconsti- tutional phrase, clause, sentence, paragraph or section. ­4SECTION 15. That any person violating any of the provisions of this ordinance shall be deemed guilty of a separate offense for each day or portion thereof during which any violation of any of the provisions of this ordinance is committed, continued or permitted, and each violation shall be punishable by a fine not to exceed two hundred dollars ($200.00) . SECTION 16. That this ordinance shall be in full force and effect from and after October 1, 1973, and it is so ordained. APPROVED AS TO FORM AND LEGALITY:City Attorney - 10 - City of Fort Worth, Texas Mayor and Council Communication UNE . �k DATE REFERENCE SUBJECT: Proposed Amendments to City of PAGE NUMBER 9/17/73 G-2262 Fort Worth Frozen Desserts iof 2 Ordinance MMMCOCK The present Frozen Desserts ordinance was adopted January 1948, setting out BRADSMAIA certain requirements for bacteriological analysis, cooling temperature, con- qz struction, equipment, enforcement procedures and fees for the manufacture and sale of frozen desserts in the City of Fort Worth. Since the passage of this ordinance, considerable changes have been made in the manufacturing, packaging, distribution and handling of frozen desserts. These changes have in- creased sampling, inspection, and laboratory time required for surveillance of the frozen desserts industry. In May 1973, a meeting was held with the frozen desserts manufacturers of the City of Fort Worth, for the purpose of discussing up-grading and revising our present Frozen Desserts ordinance to conform with present state and federal recommendations. The proposed amendments were discussed and the manufacturers were in agreement that the proposed amendments would be acceptable to the industry. The proposed amendments are as follows: 1. SECTION I - DEFINITIONS - Amends Section 19-138 of Article VI of Chapter 19 of the Code of the City of Fort Worth (1964). This section adds a new definition entitled, "Frozen Dessert Retailers", which will bring under the new ordinance any person, business or corporation selling frozen desserts, as defined in this ordinance, to the public. 2. SECTION 3 - PERMITS FOR MANUFACTURING PLANTS WITI4IN AND OUTSIDE ROUTINE LIMITS OF INSPECTION --APPLICATION; FEES - Amends Section 19-142 of Article VI of Chapter 19 of the Code of the City of Fort Worth (1964). This section sets out a new schedule of permit fees for the manufacture, distribution and retail sale of frozen desserts from an annual fee to a monthly fee with the exception of the frozen desserts retailer, which is maintained on an annual fee basis. 3. SECTION 5 - SUSPENSION; REISSUANCE - Amends Section 19-144 of Article VI of Chapter 19 of the Code of the City of Fort Worth (1964) . The enforcement procedures for bacteriological analysis and sanitation have been changed to conform with our present milk ordinance. 4. SECTION 7 - LABELING REQUIREMENTS - Amends Section 19-146 of Article VI of Chapter 19 of the Code of the City of Fort Worth (1964) to conform with the labeling requirements of the State Health Department, and the Food and Drug Administration's definition and standards of identity of frozen desserts. 5. SECTION 8 - EXAMINATION OF DESSERTS AND INGREDIENTS - Amends Section 19-148 of Article VI of Chapter 19 of the Code of the City of Fort Worth (1964) by setting up the frequency of sampling and inspection of frozen desserts products to correspond to our present milk ordinance and state and federal recommendations and standards. 'DATE REFERENCE SUBJECT: Proposed Amendments to City of PAGE NUMBER Fort Worth Frozen Desserts 2 2 9/17/73 G-2262 Ordinance Ct — 6. SECTION 9 - SANITARY REQUIREMENTS FOR PLANTS - Amends Section 19-149 of Article VI of Chapter 19 of the Code of the City of Fort Worth (1964) by setting up standards for cooling, bacteriological and coliform counts of frozen desserts and of ingredients to more closely conform to our present milk ordinance. 7, SECTION 16 - Sets an effective date of October 1, 1973. Recommendations It is recommended that City Council adopt the ordinance that has been prepared amending Sections of Article VI, "Frozen Desserts" of Chapter 19 of the Code of the City of Fort Worth (1964) , as amended, as outlined above to become effective October 1 , 1973. RNLsmj SUBMITTED BY: DISPOSITION BY COU IL: OCESSED BY APPROVE ♦ ❑ T (DESCRIBE/), (y 9� CITY CRETARY v �1 .. DATE CITY MANAGER