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Ordinance 1832
- Ofi�1�ty..lalUJ:. iVG, i J AI4 ORDINAIXE rROVL)T id(! lili7 isS d j Li ' y TROLLING TH_L: DI&TILIBJI IU1 ND S:(.LE 0 1,TLK laiii� LILK fHODUCTS Ilv 'TAR CITl O_' i Old IVORT1-i, TEXAS; f DEIIII,,1IIbG TERMS; rRO7HIBITIb1G THE SALE 01" ADOWERATED OR L1IS_')rj. 1D3D 1'.'_ILK 01I 11:ILi r10DUC2S; ILEGULi,TING i ;THJ THE i'SeO iMTIOI� Ui 'MILK; rROVIDIidcT FOR THE IS- ' r SUANCE iz14D Pi3VOC1,,TI01i O.T' r`"Z1.SI L'S i'O r*RSO1v�S, f FIRP:iS, 12) CORrOl-iATIONS epC)DUC.ING, HAEMLIIIG, OR DZLIV�`itING i,ILIi U1 IdILK rRODUC`l'S; PROVIDING FOR LABL'LIIiG I.iTD rLi''. ?;"'DING 0_0 iEC1_7Y` AI LE :',1M OTHER COi l ;Tl;i, S U?' i-ILI[; rit0'JIDING I OR Tiir� I1',SPECTIOI, OI' Di= L':.R1,IS, 1ZTi<_ 1-L;,NTS' ti1'iD TrL'_ '1'_',ISTIYG OF 2itODUCTS; IiL,�UIRING C viL'1'i:IIs S`1'AId)- .'RDS Oi� 3E Ly: I'ROVI-)II,G 1PO=i T-H ISSG 1 C G° 1!EkLTH OER1IPIC '1� ES; DZT.F MI111I 1G rROrLF GfL D;' ''Ol{ hJLK; rR0" IJI lili'.'- _'aL U/� Ild�lCi L j i; J �'0 BE c'U1s1UL6:TTVE CP' xLL OT-L-1lti OTt�Ii`i�.NCEIS OF `I'HLll CITY OF F O:ftlT rORTi , EXC''r rT I11 COI'aR <aS IT 1I�;Y BE III DIRECT 0,6141PLIG1 T1110�jf_ 0'DI1di11�Ct�+'S; t'itOVIDII4G dUT Tii.J iiOLDI lG Or' ANY rORTIOii 010 THIS OiLDIM 1i'.E TO BE'' INVALID G ILL Ill 140 liAY I.YrEC`' OTH ;R i-1:0- VISIONS Ili S:.ID 01WI14;14CE; rROVIDING A REjALTY !,'OR THE VIOLhTION OF AIfY OF Ti-,E PROVISIONS OF `PHIS OR- DII�L',NCE; >rill i-hCVIDTNG TFliiT 'T"IIS Oi i,Ill;,ivC SHALL BE i-_UiLISir'D Ili rr._"3'Mi ],T FORM A ii SHALL TAhE EFFECT F2ti01vI 11I3D ;",11i5R 211i1 D;ITE OF ITS AND eR3Ph1=1A- TIG1I Ih r:i.:riiLLT.i'01ii'i i.S R0"-ZUIRi'D BY: Lt:71. • • f 1 ZMkND_UW MIX ORDDvAIvCL. Seetion 1. Definitions.--The following definitions sha11 apply in the in- terpretntinz ana tno enfordet=t ofr-thdacerdinanco. r (a) Milk.--hiilk is hereby defined to be the whole, fresh, clean, lacteal secretion obtained by the complete milrinC of one or more health cows, properly fed and kept, exeluding that obtained id thin fifteen days b.,forc and five days after calving or such lonC;er periods as nay be necessary to render the milk practically colostrum free; which contains not loss than eight Find one-half per cant (8N) of solids not fat and not loss than thruo :and ono-fourth per cent (Z-$) of milk fat. (b) tdilk rat or Butter Fat.--Vilk fat or butter fat is the fat of milk and has a Reichort-Missel number of not loss than tnonty four (24) and a spec- ific gravity of not-lose than 0.905, (40 degrees C). (c) Cream.--Cro:am, sweet cream, is that portion of milk, rich in milk fat, which rises to the surface of milk on standing or is separated from it by coatrifugal forco, is fresh and cloan, and vhich contains not less than eightaon . per cent (18%) of milk fat; provldod, that cream having loss the 18% milk fat shall be known as "subsstandu d cream." Cream having less than thirty per curt (30f) milk fat shall be known as "light croam." Cream having more them thirty per cent (30%) and loss than forty per ca t (4.0%) milk fat shall bo known as "heavy cream," and cream having more than forty per cent (40%) milk fat Ehrll bo known as "extra heavy cream." Mipping dreams" and "manufacturing cream" are creams intended for whipp- ing or Mn—facturing purposes, and the grades of sane shall not be based on bacterial count. (d) Skizimed MiLk.-491ait ed milk is milk from which substantially all the milk fat has been renovcd. (e) Adjusted Milk.-Adjusted Milk is milk in mhich the percentage of milk fat has br.un adjusted by the addition or removal of cream or skintod .silk. (f) Buttermilk.--Buttormilk is the product which remains when milk fat is ruz, ovcd from milk or cream, sweet or sour, in the process of churning. It contains not lass than oight aid five-tonths per cent (8.5%) of milk solids not fat. (g) ,Cultured Buttermilk..--Cultured buttermilk is the product resulting from the souring or treatment by a lL ctic acid culture of milk or milk products. s = . (h) Evaporated 1111k, (Unsc:ootenod) Evaporated milk (unsweetened)~is milk from rich a consider^blo portion of iinter hes boon evaporated anted" which contains not less than twenty-Ava and five-tenths per cent (25.5%) of nI* solids and not loss than seven and eight tenths p,;r coiA (7.8$) milk fat. (i) Candonsod Itilk (Sweetenod).--Condonsod silk (sweetened) is Ldlk from which a considerable portion of water has been evaporated, to which sugar has b been added, and i:hich contains not less that. Vienty-Aght 13or cent (28%) of milk solids and not loss than oieht per cent (8%) milk fat. (j) Condonsod Skiimu d Milk.—Condoneod skirn:,od milk is 4d=ed milk from which a considerrbl.e portion of water has boon evaporatod, and which contains not less than twenty por cunt (20%) of milk solids. (k) Pondered (Driod) Whole Milk.-Powdorc:d Thole tank is milk from which substantially all of the rater !,.aa been rmoved, and which contains not loss than twenty-six per cant (26%) of rink fat, and oot moro than five per cent (fib) of moisture. (1) 'ordered (Dried) Skirxod Milk.-Powdered skir.zaed milk is skimmed milk iron which mbstantiall.y all of the inter has boon removed, and tiirich contains not nore than five per cant (5%) of :aisture. (m) Recombined Milk..--Recombined rilk is a substance produced by roccnbin- ing powdered whole milk, powdered skiLrmclmilk, condensed or evaporated whole milk, or skirood milk and milk fat, with wator, and shall conform in milk fat percentage and bactorial courts to the provisions of this ordinance relating to :silk. (n) Milk Products.--Milk products shall be taken to nean and include cream, skimmed milk, adjusted milk, buttermilk, cultured buttermilk, ovapor- aced milk (unEmoetonod), condensed milk (sweetened), condensed skimmod milk, powdered :whole milk, powdered skirriod ziilk and r000r+binod *milk. (o) Pasteurisation,--Me terms "pasteurization" Pasteurized," and similar toms shall be tram. to r3fer to the procoss of boating ever^, pertiaio of milk or -..ilk products to a tecp!rature of not less than 1420 P, and holding at such terperature for not loss than 30 mii.atcs in pasteurization apparatus approved by the Health Officer, provided that apzroval shall be limited to apparatus which roquires a combined holder and indicating themonuter Upper- aturo tolerance of not :core than 110 F as showm by official tests with suitable testing equipment, and provided that such apparatus shall be operated as directed by the Health-Officer and so tbwt the indicating thermometer ald the recording thermometer charts both indicate a temperature of not less than 143JPP, continuously throughout tho holdiiZ ;period, provided U; t nothing contained In this definition s_iall be c-motruod as disbarriry any cthor pvocess Rhich has boon demonstratod as of at least equal efficioncy rind is approved by the Unitad States Public Hecdith Service and the State Health Department. (p) Adulterated Milk andT?ilk Products.--Adulterated milk and milk 79- ducts are milk and talk pruducts definod in this ordinance rlhich do not con- forti with the definitions contained in this ordin<znce. (q) Milk Producor.-g milk producer is any person, firm, or corporation who owns or coatrols one or raoro cars, a part or all of the milk from ti7hich is for sale, or sold or delivered to another person, firm. or corporation. (r) Milk Distributor.--' milk distributor is ary person, firm, or cor- poration which has in possossion, offers for sale, sells, or delivers "to another any milk or milk products for eonsun2tion or _,anufacturing purposes. (s) A dairy or dairy farm is any .,lace or promises whore one or more c,R?s are kept, a part or all of tho milk or milk products from which is sold or delivered to any person, firm, or corporation. (t) Milk Plant.-- A milk plant is any pl^.co, or preLUses, or establishmc^' rent where milk or rAlk products are collected, handled, processed, stored, bottled, pasteurized, or prepared for distribution. (u) Health Officer.-- The Health Officer shall be taken to lean the Director of Public Health and Wrelfaro of the City of Fort T,'Ol*h, in person, or his authorizod represont.tive. (v) Average Bacterial Count.-- Average bacterial count shall be taken to r2ean the averc.ge bacterial count of all sanplos takon during the grading period, including at least four B=plas taken upon separate days. (w) Grading Period.-- T,o grading 1,oriod shall be such period of time as the Director of Publics d(:;alth and Welfare may designate, athin which grades shall be dotominnd for all milk cnd urea:.: supllics, provided that tho grading period aaall in ra ease exoecd six (6) munti.e. (x) ililk Othcr 'fir. Cows hiilk.--Mill: other than sorts is hereby definoa as goats, ewos milk, ur iAlk of ether animals that: cows and is the fresh, clean lacteal secretion froo fr3m colestrurr, obtained by the complete LAlking of health animals other thar_ cows, properly fod and ko�)t and conforming in every respect to the requironouts of this ordirance, and the spocis of animal from which it is obt--rood. This milk shall contain not less than(3;41%) throe and ono-forth porccnt of butter fat. All goats gWAUejbp.rdj]1 _fen shak,, In Fort Ylorth shall be tested annually for 2.'.alta Povor infection by a s veterinarian approved by the Deparlmnt of Health and a copy of the cer- tificate signed by the Veterinarian and attested to by the Health Officer shall be the only valid evidence that this has been done. (y) Ice Cream.--Ico crorma is a frozen product mado from pasteurized creson and pasteurized milk and sugar, and shall contain not loss than eight (8p) milk fat. It shall not contain awj presorvativos, nov ulizing agent, sacharinc, renovated or processed butter, fats, or oils foreign to milk or to other ingredients allowed. It may contain wholesome eggs, haaaloss color- ing matter, flavoring, sound cloan mature fruits, and nuts, pastries, and approvod thicking not to exceed five tenths per cont,(.5). Approved thick- ing is defined as wholoeoim golatino or gum tragacanth or other substances approved by the Health Officer. No ico cream mix shall be, manufac e� CA� side the city of Fort North, to be sold or offorod for sale tham%i.A Without _special permission fmn tho Health Officer. Samples of ico cream shall be � colloctod from evory man, acturor and tested in accordance with the tests approved by the U. S. Department of Agriculture and the State Pure Food Div- ision. The establishment Whore, ico crown shall bo,panufacturod shall conform to all the requirements of the City Sanitary Code. Section 2. The Salo of ABdultratod or hisbranded Milk or Milk Pioducts Prohibited.- No person firm, association, or corporation, shall! within the City of Fort Worth, produce, sell, offer or expose for sale or have in poss- ession with intent to sell, any milk or milk product which is adultrated or misbranded. No prosarvative or other adultrant shall be kept in a roceptaelo up- on arV wagon, or in any room used for the purpose of transporting, delivering, or processing ary milk or milk products. Section 3. Permits.- It shall be unlawful for any porwn, firm, association, or corporation to bring into or receive into the City of Fort Worth, for sale, or to sell or offer for sale, th4rein, or to have on hand any milk or milk product, excepting evaporated nilk, condensed milk, con- donsed skirrsod milk,powderod wholo milk and powdered skiibaod rai.lk, viho does not possoss an unrevoked permit from the Director of Public gewlth and Wel- fare of the City of Fort Worth, and on whose vehicles and in whose place of business there does not appear in a conspicatpus place a placard showing tho Permit number in figures at least three inches high and one and one-half inches wide. Such a permit may bo revoked by the Health Officer upon the violat- ion by the holder of my of the torms til this ma any other Health Ordiranco of the City of Fort Worth, provided that the holier of said permit shall, after oonplying with such revocation, have the right of appeal to the City council. 1 tl Such peruits shall be posted in a conspicuous place in the milk handling root:. Section 4. labeling and Placarding.-- All bottlos, ec.ns, packages, and other containers w elosing r:i.lk or any milk product defined I* this ordinance shall be plainly labelled or m rkod with (1) the nano of the conto<ats as given in the dofinition of this ordinance. (2) the grade of the contents if said contents are Graded under the provisions of the ordinance. (3) the word "pasteurized" if the conteats have been pasteurized. (4) the ward "raw" if the contents are raw. (5) the none or permit number of the producer or dis- tributor. The label or Lmrks shall be in letters of size, kind, and color approved by the Health Officer and shall contain no narks or words not approved by the Health Officer. "•'Bvery-restaurant, cafe, wda fountain, or other establishment selling or serving milk shall at all tires didplay in a place designated by the Health Officer, a notice approved by the Health Officer, stating the grade of the nil% at the tim when delivered and whother s^,sie is raw or pasteurized. Secticn 5. Inspection of Dairy Farms and Milk Plants for the Pur?ose of Grading or Regrading.--At least once during each grading period the Health Officer shall insp;et every dairy farm producing milk or cream for consutTtion ..as Within-the City of Fort Worth, and all milk plants waose milk or cream is in- tended for consumption wtthin the City of Forth Worth. In case the Health Officer discovers the violation of nqr item of sanitation, he shall make a second inspectior_ after a lapse of such tirae as he deers necessary far the defect to be remedied but not before the lapca of three days, and the second inspection shall be used in deteraining the grade of raiik or cream. One copy of the insim ction rep,3rt shall be posted by the Health.Officer in a conspicuous place u-,on an inside w ll of one of the dairy farm or milk plant buildings, and sai i inspection report s;k11 not b3 removed by any persanexcept t:ao Health G:L'i.cor. Another co,.y of the inspection repJrt shall be filed with the records of tee Health Department. In addition, a written notice shall be roiled to or left with the owner or semager in the case of violation. Section 6. The 'Testing of milk and Milk Product_,.-- During each grading period at least four sam�?les of milk or cream fram each dairy farm and each silk plant shall be tested by the Health Officcr. S:,uplc;s of milk and cream from stores, cafes, soda fountains, restaurants, and other places whore milk products are sold, shall be tested as often as the Health Officer aV require. Said tests shall include the determination of the b^.ctori<-.1 count =-do in con- formity with tre stardard rzthuds rocomuended by the ALterican Public Health Association, and fray include such other chemical and physical dotermimtion as the Health Officer :way deem necoseary for the detection of adultration. Notite of bacterial counts shall be givbrn to the producer or diet tax concerned as soon as made, or to any interested person on request. Saraplos may be taken by the Health Officer at any tine prior to the final delivery of the railk or milk products. All stores, cafes, restaurants, soda fountains, and other similar ;daces shall furnish the Health Officer, upon his request the bane of the milk distributor from whom their milk is obbainod. Should tho market value of any single sample exceed twenty-five cents the City of Fort Worth s'.rall pay the distributor therefor. Section 7. The Grading of Milk and Crean.-- At least once every six (a) months the Health Officer 1W announce through the daily press the grades of all milk and cream supplies delivered by all piaduaers or distributors and ultirately consumed within the City Of Fort Worth. Said grades shall be based upon the following standards: The grading of cream: being identicol. with the grading of LAlk sxce,)t the pemissible bacterial limits shall be multiplied by five in each case. Certined Milk.-- Certified milk is milk which conforms with the require•+. m►ents of the Anerioan Association of Medical Milk Comi.ssiDns, and produced under the supervision of the Medical Mill: CoL=issian of the Ltedical Society of Tarrant County. Section 7.- Grado VA° Raw h[il$:w Is milk the average bacterial count of which as determined under Section B, of this ordinance does not exceed 50,000 yer cubic eer:tineter, or the ever ge reduction time of which is not less than 8 hours, and which is produced upon dairy farms conforming with all of the .following items of sanitation. (1) Cows.-- A physical uxanination and tuberculin test )f all animis over six months n age and additions to the herd shall be made before any milk therefrom is nllowed to be sold in Fort V rth, and at least once each twelve montsh thereafter, Ly a licensed Veterinarian approved by the Director of Noalth and the Stato Livestock Sanitary Cornission of Taxas. Said tests shall be Lade and any reactors dis-aosed of in aecordanc3 with the current requirericnto approved by tl.e U. S. Department of Agriculture, Bureau of Anipnl Industry for Accroditod Herds. A certificate signed by tho Vot6rinarian or attested to by the Health Officer shall be the ably valid evidence of such tests. All roacting animals to the Tuberculin test shall be removed fron the herd at once and branded with the letter T or T-B on the shoulder, hip, or jaw and ronoved at once and slaughtered under the direction of the health Officer. Each letter in the brand shall be not loss than two inclas high Md one and one-half inches wide. The veterinaricn shall examine each cow irxxediatoly after nilking in their regular stalls in the dairy barn, and the dairyman shall furnish the neeossary help to enable the veterinarian to Hake a thorough examination. Par- ticular attention mist be given to the first Physical examination of the dairy herd and a careful oxap.nation drall be given to the udder to ascertain the presence of rjaaaary abscesses, both superficial and deep, acute streptociceic or staphylociccic infections of either parenchymatous or inteaatitial tissue of the udder, punctured wounds, Bluffing wire cut.-teats, cow pox, leukemia, and anamia, retained placental membranes, se,tic notritis, actinomycosis, cancerous growths, or any other pathological abnormality that night in the opinion of the votorinarian and the Health officer endanger the safety and quality of the milk. All cows showing any evidence of ill health or who secrete bloody, !stringy, thick, or zAlk of any abnormal appoarznce, trste or well shall be imediately discarded fron the-hoid until complete recovery and their milk shall be rejected for human. consuLntion. The dairymn shall post a copy of the tuberculin test and physical examination in a conspicuous place in the milk lwuse♦ (2) Lighting.-- All dairy-barns shrll have at least three square feet of unobstructed frindow space for each animal. r• � ) Air apace.-- All dairy barns dell have at least four hundred (400) feet of air space per cow. (4) Floors. Floors and gutters of all dairy barns shall be constructed of concrete or other im;)orvious and easily cleaned na;arial approved by the Health Officer and shall be graded to drain properly, and shall be kept clean and in good repair. No horses, pigs; Towles, ate, shall be perrAtted in parts of the barn used for dairy purposes. (5) halls and Ca13.iL• ,-- The walls and ceilings of all dairy barns shall be whitewashed once eachrear or painted once every td� years, or finished in a manner approved by the H©alth officer, ani shall be kept clean and in good repair. In case hay or other food stuffs are stored above the barn the ceiling ALall be kept tight. (6) Cow Yards.-- All cow yards dball be graded and drained as well as practicable and kept clean. (7) Manure Dis-.oral.-- All manure shall be removed and stored or dis- nosed of in such manner as best to prevent the breeding of flies thoroin. MILK HOUSE OR ROOM. (8) Construction.-- There shall be ;provided a separate milk house or milk room for the handling and storage of milk, provided .ith a tight floor con- structed of cement or other irrpervious raterirl and graded to provide proper drainage. The walls and ceilings of the milk house or room shall be of such construction as to permit easy cleaning and shall be Ix intdd 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 fbr no other purpose than the handling snd storage of milk or milk products and other operations shall be so located and Conducted as to prevent any contamination one to thu other. The milk root: shall not open directly into the barn or into wV room used for sleeping or any domastic purposes (9) Cleanliness.-- The floors, walls, ceiling, and equipment of the milk house or room shall be kepi clean at all tines. TOILET. (10) Every dairy farm shall be provided with a sanitary toilet construct- ed and operated in accordance mith the ordinances of the City of Fort Worth. No outside sanitary privy shall be located or sewerage effluent be dis- charged within one hundred feet of any dairy barn, milk house, or source of water supply. WATER SUPPLY (11) The water supply shall be easily aecossible, adequate and of a safe sanitary quality. All storage or supply tanks :tz 7.1 ho effectively covered with petal or other tight fitting naterial as lirocted by the Health officer. UTENSILS (12) Construction.-- . I containers or utensils _tsod in the handling 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 r.,ilk pails shall be of a narrow mouth design approved by the Health Officer. Mechanical Milking Machines.-Where mechanical milking machines are used for milking cows, such machines shall be of such type and eonntrirl— that they can be taken apart, and all the parts readily clewed and sterilized. Each machine shall be properly cleaned after-being used and no such machine under any circumstances be used a second time unless it has been so eleaned. Any utensil or container not considered by the Health Officer to meet the proceeding requirements Mall be condemned, rejected, or tagged as the case may require and a tag attached to it stating disposition to be made of same. (13) Cleaning.--4,11 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, scru*bing in an elks-. line solution, and rinsing with clean water. All dairies shall be provifled with stationary wash vats of a type approved by the Health Officer. (14) Sterilization.--All containers and other utensils used in the hand- ling, storing, or transportation of milk or milk products shall, between each usage, be sterilized with steam and an approved- chlorine disinfectant, ex- cept in the case of mechanical bottle washing machines which employ two or more approved bactericidal treatments. (15) Storage.--All containers and other utensils used in the handling, storing or transportation of milk or milk products shall be stored so as to not become contaminated until used again. (16) Handling.--,after sterilization no container or other milk or milk products utensil shall be handled in such manner as to permit any part of the person or clothing to come in contac# with any surface with,whicbmilk - or,milk products come in,contact. M1II�RG. (17) Udders and teats.=The uddersand teats of all milking cows shall be oleaned and sponged with water containing chloride of i;,,me or any other appro- ved sisinfectant and dried with a disinfected cloth irnaetiately before ��.. (18) Flanks. The flanks of all nilking•cows phal be kept free-from- visible dirt at the time of milking. ' 4 (19) Milker's Bands.--idilker's hands shall be elean and rinsed with I • water containing chloride of lime or any other approved disinfectant and i dried with a clean towel inrediatsly before milking. Should the milking operation be interrupted, the milkarts hands must be redisinfQcted. A sanitary wash basin approved by the Health Officer sbetl.l be iplltal].- ed at �L11 dairies producing Grade "A" raw milk. (20) Clean Clothing.-- Milke;r's shall wear Glen outon gan.ents during milking. ! (21) 14ilk Stools.-- Milk at-jols shall be kept clean. (22) Removal of Milk.-- Each pail of Wilk shall be removed iL nediately to the milk house. No milk shall be strained in the dairy barn. COOLING (23) Milk nust be cooled within one hour after milking to 50 degrees Fahrenheit or less and uaintained at or below that tmperature until 'delivery. unless it is delivered to a rA lk plant for pasteurization or separation, in which case it mist be cooled or pasteurized Within two hours of the tine of production. Raw nilk offered for sale by any )ers3n, firm, or corporation shall be keyt at or below a temperature of 500 F, in a place approved by the Health Officer until sold to the consur r. BOTTLING :AID CAPPING. (24) Milk shall be bottled fret a container with a readily cleanable valve, or by neans of a bottling machine approved by the Health Officer. Bottles shall be capped by machine. The machine shall be cleaned and subject to bactericidal treatment before each usage. Caps shall be purchased in sanitary containers and kept therein until used. All raw milk shall be placed in' a container of a type approved by the Health Officer. PERSONNEL (25) Health Certificates.-- Every person whose work brings hirs or her in regular contact with the production, handling, storau;e, or transportation of milk or milk products shall hold a certificate from the Health Officer certifjring to the fact that Within twelve months laboratory and othaw ex- aainations have been mado indicating that said person is free of tuberculosi% and that said person is not a carrier of typhoid fever, and that said person is free of any disease capable of being spread throu�,h nilk supplies. (26) Notification of Diseases.-- Notice shall be sent to the Health Officer within twenty-four hours by any riilk producer >r distributor upon whose dairy farr. any infoctious, eontagiour, or car-- znieable disease occurs. Grade "B" Raw Milk.-- Grade "B" raw milk is nilk that the average bacterial count of which at no time prior to delivery axceeds 200,000 per cubic centimeter, and which is produced upon dairy farms conforrai.ng with all of the items of sanitation required for Grade "S" raw milk except (2), (3), (4), (5), and (6), provided that eleanlinoss shall in no case be omitted. Iteu in n_ (14) shall a,)ply except that boiling Eater nay be substituted for steam. Grade "C" Raw Sulk.-- Grade "C" raw milk is milk the average bacterial count of rich at no time prior to delivery exceeds 1,000,000 per cubic oe*ti- meter, and rhich is rjmducad upon dairy farms confoming with all4q)f the items of sanitation required fcvr Grade "A", raw zdlk except (1), (2), (3), (4), (5), (6), (7), (12), (14), (24), and (25), provided that cleanliness sho11 in no case be' omitted. Grade "D" Raw Milk.-- Grade "D" raw milk is milk which does not meet the requirezints of either Grade "1.", "B", or "C" raw milk, and the average bacterial count of which does.not exceed 5,000,000. Grade "A" Pasteurized Lfilk.-- Grade "A" pasteurizod :ailk is Grade "A" or drede "B" raw milk which has been pasteurized, cooled and bottled in a milk plant conforming with all of the following items of sanitation and the average bacterial count of which at no tine after pasteurization and until delivery exceeds 50,000. BUIMING AM EQUIPMENT. (1) Floors.-- The floors of all rooms in which milk is handled shall be spoath, impervious, properly drained and provided with trapped drains and kapt clean. (2) i+alls and Ceilings.-- Halls and ceilings of rooris in which milk is handled or stored shall be frequently painted with a light colored paint or finished in a manner approved by the Heald Officer, and kept clean. (3) Doors ana Windows.— All openings into the outer air shall be of- festively screened to prevent the access of flies. Doors shall be self closing. (4) ;Athting and Ventilation.— All rooms shall be well lighted and ventilated. (5) Pro%&Won from Contamination and Flies.-- The various milk plant operations shall be so located and conducted as to prevent a_rq contamination to the rA or to the cleaned oquipnort. All means necessary for the (Plinin- ation of flies Call be used. This requirement shall be interpret6d to ins elude separate rooms for (a) the pasteurizing, e,)oling, and bottling operationu. (b) the washing; and bactericidal treatrent of containers and equipment. Cans of raw milk shall not be unloaded directly into the pasteurizing room. Pas- teurized milk shall not be pe naitted to cone in contact with equipment with which unpastsilTized milk has been in contact. Ro•jris in which nilk or cream utonsils or containers are Hnndled or stored stall not open directly into any stable or living quarters. Mille shall not be tested by taste in any bottling ?lant, milk house, or other place, in a mnner that ,may reader It `JabLe to-sontanlmAlon. (6) Toilet Facilities.-- Every silk plwt shall be provided with toilet facilities conforming vdth the ordinances of the City of Fort Worth. There dhaU be at least one room or vestibule not used for milk purposes between the toilet coon and any r-)orl in nhieh nilk or milk pr7ducts aat handled4 The door of all toilets shall be self-closing. Toilet roons shall be kept in a clean aandition, in g2-od repair and Drell ventilated. In case privies or earth closets are permitted and used, they shall be located at least one hundred feet from the building and shall be of a sanitary type, constructed and oper- ated in conformity with the ordin mees of the City of Fort T:orth. '(7) Water Supply.-- The water supply shall be easily accessible, ade- quate, safe, and of a sanitary quality. '(8) Wash Rooms.-- 1 wash room shall be provided, equipped with hot running water, soap, and sanitary towels of a type a„roved by the Health Officer. The use of a cx-=r n towel is prohibited. (9) Milk Piping.-- Only "sanitary nilk piping" of a type rich can be easily cleaned vi th a brush shall be used. Coaatruction of RquipLiemt.-- All equipuont with which nilk cores in contaA shall bo constructed in such manner as to be same* cleaned and shall be ke.Dt clean. (11) Dis-posal of Wastes.-- All castes shall be disl»sed of in donform- ity with the requirements of the Health Officer. Fd IMS (12) Cleaning; and Sterilizing; of...Containers and Apparatus.-- All nilk eontainers and milk apparatus shall be thorou;�tly cleaned after each usage by rinsing with clean water, then scrubbing in an alkaline solution, then rinsing with clean water, and finally sterilized in a rlanner approved by the Health Officer. 1 (13) Storagq of Containers.-- After sterilization all Mottles, cans, cnd other containers shall be stored in an inverted position in a clean place protected iron contamination. (14) Handling of Containers and Apparatus.-- Between sterilization and usage all containers and apparatus shall be handled in alch nanner as to pre- vent any part of the person or clothing fror_ corning in contact with any surface with which milk or milk products cone in contact. (15) Storcze of Cape.-- !.'ilk bottle caps shall be purchased and stored oxa::iursanitary tubes and diall be kept t:ioroin until used. -12- (16) Pasteurization.-- Pasteurization stall be _)erforned as described in the definition section of this ordir.arce. Thu tiro and taiperature rocord,. charts shall be preserved fbr a period cf throe rionths for the inforr tion of the Health Officer. (17) Cooling.—All i.dlk nut pasteurizod upon raceipt shall be iy- diate- ly cooled to a tonporaturo of 50 degrees Fahrenheit or loss and Mi.ntained thereat until pasteurized, and all pasteurized milk s'udl be i-Liediately tooled to a te�poraturo of 50 de,;rees Fahrenheit or lass and raintained there- at until dolivery. Any firm, person, or corporation offoring riilk fo.- sale shUl keep it at a temperature less tLan 50 deLwees Fahrenheit, in a place appr"od by the Hoalth Officer until sold to the consuner. (18) Bottling.-� Bottling shall be done in such a nanner as to pre- vent any part of the person or aloting fron souring in contact with any surface with which rdlk or -Alk products cone in contact. All pasteurized milk shall be ;placed in a container of a type aparoved by the Health Officer. (19) Overflow Mlk.-- Overfi-iw-riilk which has become machine contmiin- ated shall not be sold for human consursption. (20) Capping. Capping shall be done by machinery approved by the Health Officer. Hand capping is prohibited. (21) Tiue of Delivery.-- Milk to be consmed in the form if whole milk shall be delivered to the final consumer within thirty-six hours of the time of pasteurization. PasOrmm. (22) Health Certificates.-- Every person whose work brings him or her in contact with the production, handlins, storage, or transportation of milk or nilk products sball hold a certificate fron the Health Officer certifying to the fact that within twelve months laboratory and other exmainations bzvs been made indicating that said person is free of tuberculosis, that said A�erson is not a carrier of typhoid fever, and that said person is free of auy disease capable of being spread through milk supplies. (23) Notification of Disease.-- Notice shall be sent to the Health Officer within twenty-four hours by any milk producer or distributor upon ,WLos_ dairy fam any infectious, contagious, or ca=lnicable disease occurs. ; ) Cleanlinass.-- All persons coning in contact with nilk or milk products, containers, or equipment, shall wecs clean outer garments and shall keep their hands clean at all times while thus engat,ed. + Grade "B" Pasteurized Milk.-• Grado "B" pasteu•:izod. milk is Grade "A", "B", or "C" rav milk which has been pasteurized, cooled, and bottled in a rillk plant conforming with all of the items of sanitation required for Grade "A" pasteurized milk excepting (2), (4), (24), and the average terinl count of which at no time after pasteurization and prior to delivery exceeds 100,000. Grade "C" Pasteurized Milk.— Grade "C" pasteurized milk is pastem- rized milk which does not :.met the requirements of either Grade "A" or Grade "B" pasteurized milk and the average bacterial count, of which at no time prior to delivery exceeds 500,000 per cubic ^,dontimeter. Grade "C" pasteur-lzed milk shall be sold for cooking and manufacturing pur-,osos only and every container thereof shall be narked with the words "for cooking and mamfacturing purposes only." Section B. At any t 1me between regular announcements of milk grades any producer or distributor nay make application for regrading his product. In case the applicant's existing low grade is owing to excessive baeterial count, said application oust be supported by at least two bacteriological ex- aminations made subsequpnt to the and of the previous grading period and indi- cating that the quality of the applioant's output has improved since the last grading announcement, and confor ib with the requirements of a higher grade. The samples upon which the said two analyses are made nay be brought to the Health Degsrtment Laboratory by the applicant. Upon the receipt of a satisfactory application, the Health Officer shall make at least four bacteriological analyses upon amples collected by the Health Officer of the applicants ouiplxt 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 irzaediately in case the said four analyses indicate the necessary quality. In case the applicant's existing low grade is owing to a violation of an item of sanitation other than bacterial count, said application must be accaugauW by a statement signed by the applicant to the effect that the violat6d..iten of sanitation has been conformed with. 'Within one week of the receipt of such an application, the Health Officer shall make a reinspection of ;he applicant's establishment and, in case the findinZe justify, shall award n regrade. A� any tine between regc:lar announcements of milk grades the Health Officer rM lower the grade of any sulk producer or distributor if as a relult F '1 "r� of inspection or milk analyses a l%uer grade shall be justified in anoordance with tho tams of this ordinance. Section 9. Transfcrrinj; or Dipping ?Silk Sale of More than One Grade.-- No milk producer or distributor or any ot!B r person shall transfer milk or milk products from one container to another upon the streets or it any vehicle or store or in any place, exeopt a bottling roon or milk room siecially used and approved by the Health Officer for that purpose. In the onse of milk being delivered in bulk s;•)eciml pemission trust be secured from the Health Officer. The sale of dip milk is hereby expressly prohibited• A11 pasteurized Yailk shrill be placed in its final delivery container in the plant in which it is pasteurized. It shall be unlawful for hotels, restaurants, soda fountains; or sinilar establishments to sell or serve any milk unless such milk is con- twined, in individual bottles or receptacles approved by the Health Offioer, containing only the quanity of milk intended for use by the person served, provided that this requirement shall not apply to mixed milk drinks. No person shall have upon any Amon used for the transportation and de- livery of milk or milk products any dipper or other utensil v&icb. may be used for the purpose of transferring milk or milk products from one container to another. Section 10..• I.Silk Not to Be Pasteurized Outside of Tarrant County.-- No milk or Crean 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 11. Spitting.-- Smoking or spitting within any room where iailk or milk products are handled, processed, stored, or kept shall be prohibited. Section 12. Vehicles.--All vehicles used for hauling or distributing rmllk or milk products in the City of Fort Worth or its police jurisdiction shall be kept, neat and Gleam., and shall be so constructed as to protect the milk from the sun and from cont3nination. The vehicle still not be used for -auling manure, slop, or =ythinL; of an objectionable nature and distribut- in(; vehicles shall be provided with a permanently covered top approved by sae Health Officer. Each vehicle used far distributing sulk or milk products shall have printed on each side in Aeat letters not loss than three inches high, the numv, of the owner, person, or corporation to whom the x.ilk pemit was granted, -16- the *dairy permit" and the number of the wagon or truck if oporating aoro than one. No other word nark, or device in discord with the requirements of this ordinance shall n jpoar on the trick. Section 13. Denaturing Mislarended Products.— The Health Officer shall irtzediately denature with rennet or some harmless coloring; matter any,,tAlk or rjlk products found misbranded with respect to grading or sold .7ithout a permit. Section 14. Repasteurt=tfon Rxohibited.-- No talk or milk products shall be pasteurized moro than once. Section 15. Future Dairies an3 Milk Plants.-- All dairies and milk plants from which nilk is supplied to the City of Fort Worth which are here- after constructed, shall conform in their construction to the requirements tf this ordinance. Section 16. Prohibited Milk, Milk which does not conforrs with any of the grades described in this ordinance shall not be sold in the City of Sort Worth. Grade "D" ran bilk is hereby declaimed to be unfit for human consumption amd shall not be sold or offered foe, sale in the City of Fort Worth. Section 17. Every nilk produoer,operator of dairy or dairy farms, as defined hereinbefore under Section 10 of this ordinance, whether a persalt, firri, association, or corporation, s:vll iiaiediately upon the effective date of this ordinance, mke application in writing to the Director of the Degtrt- rent of Public Health and Welfare, upon forris prescribed and furnished by said directot for a permit to produce silk, operate, or do business as that terry is hereinbefore defined in this ordinance, in the City of Fort Worth, and shall pay therefor in advance, the sun of two dollars ($2.00) and there- upon shall receive, a permit in writing to ,produce milks operated and do business in said City under the terms of this ordinanca. Such permit shall entitle said milk pr+oducorto operate and da business in accordance with the provisions of this ordinan.;u; and unless revoked shall continue in force for a period of one year, beginning; and ending with the fisc4 year of the City cud shall be non-transferable and shall be annually renewed upon application a p.iynent of a like am in accordance with and subject to the conditions and terms of this ordinance. Section 18. Every rAlk distributor or operator of a milk plant as defined in this ordinance whether operated by n individual or as a firm, association, partnership, or corporation, shall imediately, upon the offoctive date of this ordinance, rnka application in writing to `e Director of the Departnout of ?�zblic Hoalth and Welfare, upon forras pres- cribed and furnished by said direetar, for permit to distribute milk and to operate and do business in the City of Fort 1:orth, rAs has boon hereinbefore i defined in this ordinance, and shall pqy theref.r)r in advance a fee, as _ follows: Such fee shall bo based u zon the averago daily m.:ount of Lilk dis- tributed comutod over t1w year's output, and as established in advgase, and shall be in the sure of two dollars (02.00) for the first „baeaV-fi.ve dons or loss for such avora,,o daily out,mt 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 conputed 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 Forth Worth, at the office of the Directir of the Dep`+rtnent of Public Health and Welfare, and upon payrmt %herefor, such milk distributor shall*receive a pemit in writing to dis- tribute milk and do business in said City under the terns of thAs ordinance as hereinbefore set out, and as defined herein. Such perrdt 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 wall be non transferable and shall be renewed a4ily ulon application and payment of a like sun in accordance with and subject to the teams ;n9'conditions of this ordinance. Section 19. In the event that any person, firm, or corporation shall operate bath as a nilk producer and num milk distributor as hereinbefore defined, under the terns >f this ordinance, then such person firm, or cor- poration shall bo required to secure a separate permit for such production and distribution and shall cm.:ply with and pop the fee hereinbefore describe, boforer-they ahail bo-perni%tw to angago to such milk production and milk distribution. -17- SE=Oh 20, That no person, firm or corporation shall bring into the City of Port 7.,orth, for s::.le or delivery, or shall within the said City, sell, offer for sale, expose for sale., dispose of, exchange, deliver or serve in any public restaurant, hotel or eating place or have in his or its possession for sale in the City, any milk w1aich has gone through the process known as homo- genization or emulsification. SECTIOI4 21. By the terms `homogenization" or "emulsification" is meant falsification_ of tfte Crean layer or any mechanical pro- cess or treatment enlarging the showing, of cream in the bottle or container and making the volume of fatty substance or cream appear greater than the normal showing or actual condition. SECTIO d 22. This ordinance shall be and is hereby declared to be cumulative of all other ordinances of the City of Port �iorth not in direct conflict herewith, and shall not operate to repeal or affect any such ordinance or ordinances, except insofar as the provisions of this ordinance are in direct conflict with the pro- visions of such ordinances. SECTI01i 23, Should any part, portion, section, or part of a section of this ordinance be declared invalid, or inoperative, or void for any reason by a court of competent jurisdiction, such de- cision, opinion, or judgment shall in no way affect the remain- ing portions, ports, sections, or parts of sections of this or- dinance, which provisions shall be, rema n, 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. 3ECTI014 24, Any person, firm, corporation, or association of persons violating any of the provisions of this ordinance, or any person, firm, corporation, or association of persons failing or refusing � 1 to comply with any of the provisions hereof shall be guilty of r ' a misdemeanor, and upon conviction thereof' shall be fired in any sum not to exceed fifty Dollars (450.00), and each da;1, failure to comply with any of the provisions hereof shall be deemed and held to be a separate offense. SECTION 25, That this ordinance constitutes a revision, digest, and codification of all ordinances and parts of ordinances relating to the production, sale, and distribution of milk and milk pro- ducts to consumers in the City of lbrt :.forth, Texas. That said ordinance shall take effect and be in full force and effect from and after the date of its passage and publication in pamphlet rl form, and, after being so published, said ordinance shall be ad- mitted as evidence 'in all courts, state and federal, wit1lout further proof beyond the production of said printed pamphlet. 4 T r.'.a bra r :.i'PTEST: L F �Tt; secretary .vjeROVED .Pa1,D LEGALITY: City attorney r STATE OF TEXAS COUNTY OF TARR ANT CITY OF FORT WORTH I, Henry Keller, duly appointed and acting Secret- ary of the City of Fort ?"Worth, Texas, do hereby certify that the above and foregoing is a true and correct.,opy of Ordinance No. 1832 duly adopted by the City Council of the City of Fort North, Texas, in a regular session held Wednesday, June 5, 1935, as same appears of record in Ordinance Book I> Lxecuted under my hand and the seal of the City of Fort 1.7orth this the 5th day of June, 1935. City Secretary-City-of For Worth, Texas SEAL r