HomeMy WebLinkAboutOrdinance 21274-06-2014 I
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ORDINANCE NO.21274-06-2014
AN ORDINANCE AMENDING CHAPTER 16 "HEALTH AND
SANITATION", ARTICLE IV "FOOD ESTABLISHMENTS", DIVISION 3
"REGULATION OF SANITATION", SECTION 16-124 "MISCELLANEOUS
FOOD PROTECTION REQUIREMENTS", OF THE CODE OF THE CITY
OF FORT WORTH, TEXAS (1986), AS AMENDED, BY DELETING
PROVISIONS RELATING TO UNPASTEURIZED . MILK AND
UNPASTEURIZED MILK PRODUCTS; AMENDING DIVISION 6 i
"ENFORCEMENT", SECTION 16-151 "NUISANCE", BY DELETING
PROVISIONS RELATING TO UNPASTEURIZED MILK AND
UNPASTEURIZED MILK PRODUCTS; ADDING A NEW ARTICLE I,
SECTION 16-4 "RAW MILK" TO PROHIBIT THE DISTRIBUTION OF
UNPASTEURIZED MILK AND UNPASTEURIZED MILK PRODUCTS
WITHOUT POSSESSING A GRADE A RAW FOR RETAIL MILK PERMIT j
FROM THE STATE OF TEXAS, TO PERSONS OTHER THAN MEMBERS y`
OF A PERSON'S IMMEDIATE FAMILY, AND EXCEPTING CHEESES
PRODUCED FROM GRADE A RAW MILK IN ACCORDANCE WITH
STATE AND FEDERAL LAW; PROVIDING THAT THIS ORDINANCE
SHALL BE CUMULATIVE OF ALL PRIOR ORDINANCES AND REPEAL
CONFLICTING ORDINANCES; PROVIDING FOR A SEVERABILITY
CLAUSE; PROVIDING FOR A SAVINGS CLAUSE; PROVIDING A
PENALTY. .CLAUSE; PROVIDING FOR PUBLICATION ,IN THE �
OFFICIAL NEWSPAPER OF THE CITY; AND PROVIDING AN
EFFECTIVE DATE.
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WHEREAS, the City Council of the City of Fort Worth ("City Council") seeks to protect j
the public health by placing reasonable limitations on the distribution of unpasteurized milk and
unpasteurized milk products; and ;
WHEREAS, for at least seventeen years the City Code has prohibited the sale at retail of
unpasteurized milk and unpasteurized milk products; and
WHEREAS, the distribution of unpasteurized milk and unpasteurized milk products
represents a hazard to public health no less if the distribution is by a retail store or otherwise,
than an appropriately state licensed and inspected dairy; and
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WHEREAS, the City Council wishes to amend the City Code to clarify that the
distribution-of unpasteurized milk and unpasteurized milk products shall be prohibited except at
dairies which are licensed by the State of Texas with a Grade A Raw for Retail Milk permit; and
Ordinance No.21274-06-2014
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WHEREAS, state law provides for the direct sales of unpasteurized milk and
unpasteurized milk products to consumers at dairies, when the dairy has a Grade A Raw for
Retail Milk permit;
WHEREAS, the City Council does not wish to prohibit its residents from obtaining
unpasteurized milk and unpasteurized milk products at dairies which are licensed by the State of
Texas with a Grade A Raw for Retail permit, nor to prohibit the consumption of unpasteurized
milk and unpasteurized milk products by members of households; and
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WHEREAS, due to the inherent relative safety involved in the production and aging of
cheeses, the City Council does not wish to prohibit the lawful distribution of;cheeses which are
produced from Grade A raw milk in compliance with state and federal law; and .
WHEREAS, the City Council finds this Ordinance to be reasonable and necessary to
protect the public health;
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NOW, THEREFORE,BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
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OF FORT WORTH,TEXAS,THAT:
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SECTION 1.
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Chapter 16 "Health and Sanitation", Article IV "Food Establishments", Division 3
"Regulation of Sanitation", Section 16-124 "Miscellaneous food protection requirements", of the
Code of the City of Fort Worth is hereby amended to delete provisions relating to unpasteurized
milk and unpasteurized milk products, to be and read as follows:
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Sec. 16-124. -Miscellaneous food protection requirements.
(a) No person shall sell or offer for sale any food which has exceeded its date of expiration,
unless the food has been separated from other indate food and marked as expired.
(b) No person shall process wild game in a food operations area where meat; fish or poultry is
processed,-unless approved by the Texas department of health.
(c) The director is authorized to detain suspected contaminated, adulterated, or,otherwise
unwholesome food.
SECTION 2.
Chapter 16 "Health and Sanitation", Article IV "Food Establishments", Division 6
"Enforcement", Section 16-151 "Nuisance", of the Code of the City of Fort Worth is hereby
amended to delete provisions relating to unpasteurized milk and milk products,; to be and read as
follows:
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Sec. 16-151. -Nuisance.
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(a) Misbranded, spoiled, diseased, or adulterated food intended for human consumption is
hereby declared to be a public health nuisance.
(b) Potentially hazardous food which is stored, displayed,prepared, or served in a food
establishment at a temperature that is not in compliance with this article is hereby declared to be
•public health nuisance.
(c) A food establishment that is not maintained in a sanitary condition is hereby declared to be
•public health nuisance.
SECTION 3.
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Chapter 16 "Health and Sanitation", Article I "In General" of the Code of the City of Fort
Worth is hereby amended to add a new Section 16-4 "Raw milk" to prohibit the distribution of i
unpasteurized milk and unpasteurized milk products to persons other than members of a person's
immediate family, and excepting cheeses produced from Grade A_ raw milk in accordance with
state and federal law, to be and read as follows:
Sec. 16-4. Raw milk.
No person may distribute any unpasteurized milk or unpasteurized milk product to any person
not a member of their immediate household without possessing a Grade A Raw for Retail Milk
permit from the State of Texas. Cheeses produced from Grade A raw milk in compliance with
state and federal laws and regulations are exempt from this section.
Sections 16-4 through 16-10 previously marked"Reserved"are hereby amended to show only
Sections 16-5 through 16-10 as reserved.
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SECTION 4.
This ordinance shall be cumulative of all provisions of ordinances of the Code of the City of
Fort Worth, Texas, (1986), as amended, except where the provisions of this-ordinance are in direct
conflict with the provisions of such ordinances and such Code, in which event conflicting provisions
of such ordinances and such Code are hereby repealed.
SECTION 5.
It is hereby declared to be the intention of the City Council that the phrases, clauses,
sentences, paragraphs and sections of this ordinance are severable, and, if any phrase, clause, '
sentence, paragraph or section of this ordinance shall be declared unconstitutional by the valid
judgment or decree of any court of competent jurisdiction, such 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 incorporation in this ordinance
of any such unconstitutional phrase, clause, sentence,paragraph or section.
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SECTION 6. '
All rights and remedies of the City of Fort Worth, Texas, are expressly saved as to. any
and all violations of the provisions of the Code of the City of Fort Worth, or any other j
ordinances of the City, that have accrued at the time of the effective date of this ordinance; and,
as to such accrued violations and all pending litigation, both civil and criminal, whether pending
in court or not, under such ordinances, same shall not be affected by this ordinance, but may be
prosecuted until final disposition by the courts.
SECTION 7.
Any person, firm, or corporation who violates, disobeys, omits, neglects, or refuses to j
comply with or who resists the enforcement of any of the provisions of this ordinance shall be
fined an amount not exceeding two thousand dollars ($2,000.00) for each offense. Each day that
a violation exists shall constitute a separate offense.
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SECTION 8.
The City Secretary of the City of Fort Worth, Texas is hereby directed to publish the
caption, penalty clause and effective date of this ordinance for two (2) days in the official
newspaper of the City of Fort Worth, Texas, as authorized by Texas Local Government Code,
Section 52.013.
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SECTION 9.
All other provisions of Chapter 16 of the Code of the City of Fort Worth, as amended, i
shall remain in full force and effect, save and except as amended by this ordinance.
SECTION 10.
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This ordinance shall take effect upon adoption and publication as required by law,.and it
is so ordained.
APPROVED AS TO FORM AND LEGALITY: ATTEST:
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Arthur N.Bashor Mary J. Kayser
Assistant City Attorney City Secretary
ADOPTED: June 3,2014 EFFECTIVE:
Ordinance No.21274-06-2014 I
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SECTION 6.
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All rights and remedies of the City of Fort Worth, Texas, are expressly saved as to any
and all violations of the provisions of the Code of the City of Fort Worth, or any other
ordinances of the City, that have accrued at the time of the effective date of this ordinance; and,
as to such accrued violations and all pending litigation,both civil and criminal, whether pending
in court or not, under such ordinances, same shall not be affected by this ordinance, but may be
prosecuted until final disposition by the courts.
SECTION 7.
Any person, firm, or corporation who violates, disobeys, omits, neglects, or refuses to
comply with or who resists the enforcement of any of the provisions of this ordinance shall be
fined an amount not exceeding two thousand dollars ($2,000.00) for each offense. Each day that
a violation exists shall constitute a separate offense.
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SECTION 8.
The City Secretary of the City of Fort Worth, Texas is hereby directed to publish the
caption, penalty clause and effective date of this ordinance for two (2) days in the official f
newspaper of the City of Fort Worth, Texas, as authorized by Texas Local Government Code,
Section 52.013.
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SECTION 9.
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All other provisions of Chapter 16 of the Code of the City of Fort Worth, as amended, i
shall remain in full force and effect, save and except as amended by this ordinance.
SECTION 10.
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This ordinance shall take effect upon adoption and publication as required by law, and it
is so ordained. {
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APPROVED AS TO FORM AND LEGALITY: ATTEST:
qXNAU-
Mary J. ayser
Assistant City Attorney City Sec etary
ADOPTED: June 3,2014 EFFECTIVE: 1 Jku
Ordinance No.21274-06-2014
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City of Fort .Worth, Texas
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Mayor and Council Communication
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COUNCIL ACTION: ,Approved'on 6/3/7014 Ordinance'No:.21.274=06=2014° 1
DATE: Tuesday, June 03, 2014 REFERENCE NO.: G-18227
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LOG NAME: 23RAW MILK
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SUBJECT: I
Adopt Ordinance Amending City Code to Prohibit the Distribution of Unpasteurized Milk and Unpasteurized
Milk Products by Persons Without a Grade A Raw for Retail Permit from the State of Texas (ALL COUNCIL j
DISTRICTS)
RECOMMENDATION:
It is recommended that City Council adopt the attached ordinance,amending Chapter 16, Health and
Sanitation, of the City Code to prohibit the distribution of unpasteurized milk and unpasteurized milk
products without a Grade A Raw for Retail Permit from the State of Texas.
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DISCUSSION:
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In 1996, the City Council adopted Ordinance No. 12553, which established Section 16-124, Miscellaneous
Food Protection Requirements, of the City Code, prohibiting the sale at retail of unpasteurized (raw) milk
and unpasteurized milk products, as well as Section 16-151, Nuisance, declaring,the sale of !
unpasteurized milk or milk products at retail a public health nuisance.
In recent months, after investigating citizen initiated complaints regarding the distribution of raw milk, it
was discovered that these provisions of the City Code could be circumvented by distributing raw milk !
through non-retail channels which could plausibly blaim not to be engaging in retail sales.
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This ordinance is intended to clarify-that it is the distribution of raw milk and raw milk products which is
prohibited, regardless of retail status. The distribution of raw milk carries the same, if not greater risks,
when.done through non-retail channels or establishments.
Raw milk may still be distributed directly to consumers at dairies which are licensed by the State of Texas
with a Grade A Raw for Retail Milk permit. These dairies are subject to licensing and inspection
requirements intended to reduce the health risk of raw milk sold at the dairy. The state does not have any
provision for licensing the sales of raw milk through any outlets other than at these dairies.
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Cheeses produced in compliance with state and federal law are fully exempt from this ordinance. i
Other than closing the loophole allowing distribution by non-retail establishments, this ordinance does not
substantively change the right of citizens to obtain and consume raw milk. The raw milk must simply be
obtained by the consumer at a state licensed dairy, which has been the City's standard since 1996.
FISCAL INFORMATION /CERTIFICATION:
The Financial Management Services Director certifies that this action will have no material effect on City
funds.
Logname: 23RAW MILK Page 1 of 2
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FUND CENTERS:
TO Fund/Account/Centers FROM Fund/Account/Centers
CERTIFICATIONS:
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Submitted for City Manager's Office by: Charles Daniels (6199)
Originating Department Head: Brandon Bennett (6322)
Additional Information Contact: Elmer DePaula (7251)
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Logname: 23RAW MILK Page 2 of 2