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HomeMy WebLinkAboutOrdinance 2503 1 t�IAIAniCE NO,����°'� O AN ORDINANCE DEFINING TERMS; PRCIIIBITING THE SALE CF ADULTERATED OR MSBRANDED MX OR FROZEN DESSERTS; REGULATING THE I323WING, SUSPENSION ARID REVCCATION OF PERNBTS FOR THE SALE OF NIX AND FROZEN DESSERTS; THE LABELING OF CONTAINERS o THE INSPECTION OF FRO- ZEN DESSERTS PLANTS, ETC.; THE Ek1+I INATION OF FRO- ZEN DESSERTS ARID THEIR INGREDIENTS; THE TRANSFER OF FROZEN DMMTS; MM SALE OF NIIX ARID FROZEN DESSERTS FRMI DISTRAIT POINTS, TIM COUSTRTRUCTION OF FUTURE PLANTS, THE REFORTING ARID CONTROL OF CONu::LTAIICABIE DISEGSE AT PLANTS, THE ENFORCEt.MU CF TIES ORDIN- ANCE; PROVIDING A PENALTY OF A FINE NOT TO EXCEED TWO HUNDRED DOLLARS MR THE VIOLATION HEREOF; MAZING EACH DAY'$ VIOLATION A SEPARATE OFFENSE; REPEALING ALL ORDIMNCES IN CONFLICT HERMTHI ARID PROVIDING AN EFFECTIVE DAZE. BE IT ORDAINED BY THE CITY COU9ML OF THE CITY OF FORT WORTH, TEXAS; SECTION 1 Definitions.- The follovdng definitions shall apply in the interpretat- ion and the enforcement cf this ordinance: A. Frozen desserts. - A frozen dessert is any clean frozen or dally frozen combination of two or mcr a of the followings Milk or milk products, eggs or egg iroducts, sugars, voter, fruit or fruit juices, candy, nut meats, or other harmless and wholesome food products, flavors, collar, or harmless stabliz- er, and shall be deemed to include ice cream, Frozen custard, ice milk, milk sherbet, ices, and other similar products. B. Milk and milk products. - Milk and milk products used in mix or fro- zen desserts shall include 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 and unsweetened condensed skim milk, powdered whole milk, powdered skim milk, sweet cream buttermilk, sweet cream condensed buttermilk, and sweet cream powdered buttermilk, or any of those products from which lactose has been wholly or partially removed. Co Mix*- Mia is the unfrozen combination of all ingredients of a frozen dessert with or without fruits, fruit juices, candy, nut meats, fla, r, or harmless color. D. Pasteurization.- The term "pasteurization,"' "pasteurized," and simil. ar terms shall be taken to refer to the process of heatirg every particle of mix to at least 15.5 degrees F. and holding at such temperature for at least 30 minutes in approved and properly operated equipments Provided, that nothing contained in this definition shall be construed as disbarring any other process -z. which has been demonstrated to be equally efficient and, �s.sp proved by the State health authority and the Director of the Department of TUblic Had th and Welfare Of the City of Fort Worth. T. Person.- The word "person" as used in this ordinance shall mean per- sou, firm* corporation, or association. F. Frozen desserts manufacturer.- A frozen desserts manufacturer is any person ado manufactures, processes, or freezes any mix or frozen desserts for distribution or sale. G. Frozen desserts plant.- A frozen desserts plant is hereby defined as any place cr premises where frozen desserts or mix are manufactured, processed, oV frozen for distribution or sale. H. Milk Products Plant.- A milk products plant shall mean any place or premises where milk or milk products are ski=ed, condensed, eve-porated, powd- ered, manufactured into butter, or otherwise processed for subsequent moa ufacture of mix or frozen desserts. I. Receiving station. - A receiving station shall mean any place or prem- ises where milk or milk products are received for subsequent delivery to milk products plants or frozen desserts plants. J. Dairy farm.- A dairy farm is any place or premises where one (r more cows are kept, a part or all of the milk or milk products from which is sold or offered for sale* 14 Health officer.- The term "health officer"" shall. mean the Director of the Department of Public Health and Welfare of the City of Fort Morlb or his, authorized representative. L. leverage bacterial plate count, direct microscopic count, reduction time, and cooling temperature.- JAverage bacterial plate count and average direct microscopic count shall be taken to mean the logarithmic average, and average reduction time and average cooling temperature shall be taken to mean the arith- metic average, of the respective results of the last four consecutive samples, taken upon separate days. M. Adulterated or mixbranded frozen desserts or mix.- Any frozen dessert or mix which contains any unwholesome substance, or which if defined in this ordinance, or which if defined in the Texas Food and Drug laws does not conf oars with its definition, shall be deemed adulterated and/or misbranded. N. Limits of routine inspection.- The limits of routine inspection shall be Tarrant County, 0. AWar.. Where the term "and/or" is used "and" shall apply where posq- Bible, otherwise "or" shall apply. -3- SECTION 2 The sale prohibited of mix or frozen dessert which is adulterated ac mis- branded.- No person shall, within the municipality of Fort Worth cr its police jurisdic tion, manufacture,- freeze, sell, offer or expose for sale, car Isve in possession with intent to sell, any mix or frozen dessert which is adulterated or misbranded. SECTION 3 Permits.- 1t shall be unlawful for any person to delfffer directly Cr in- directly into or receive within the municipality of Fort 'forth cr .lta police jurisdic tion for sale. or to produce, sell or offer for sale therein, or to have in storage where mix or frozen desserts are sold or served, any mix -or frozen dessert* who does not possess a permit so to do from the health ctficer. Only a person who complies with the requirements of this ordinance shall be entitled to receive and retain such a permit. Such a permit maybe suspended by the health officer, or revoked after an opportunity for a hearing by the health officer, upon the violation by the holder of en y of the terms of this ordinance. Every frozen desserts manufacturer shall immediately, upon the effective date of this ordinance, make application to the health officer upon forms pre- scribed and furnished by the health officer for a permit to macnfacture r�qozsn desserts or frozen desserts mix and to do business in the City.cf Fort Worth and shall pay therefor in advance a fee calculated as follows Such fee shall be based on the average daily production of frozen desserts or frozen desserts mix for sale in the city limits of Fort Worth by the applicant, and as established in advance, and shall be in the sum of Ten Dollars ($10.00) for the first twenty- five wentyfive (25) gallons or leas for such average daily output* and an additional, fee of One Dollar ($1.00) for each twenty-five (25) gallons or fraction thereof in excess of said first twenty-five (25) gallons. In case the frozen desserts plant is located outside the routine limits of inspection such fee for the first twenty- five (25) gallons shall be of a sum equal to One Dollar ( $1.+00) multiplied by the number of miles the frozen desserts plant is distant from the Tarrant County Court House, and an additional fee of One Dollar ($1.00) for each twenty-five (25) gallons or fraction thereof in excess of said first twenty-five (25) gallons, providing however, in case such frozen desserts plant is located within the pol- ice limits of inspection of a city having a frozen desserts ordinance in effect which is the equivalent of this ordinance, 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 desserts manufacturers located within the routine limits of inspection of the City of Fort Worth. 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 health officer and, upon payments therefor, such frozen desserts manufacturer shall receive a permit is writing to distribute drozen desserts or frozen desserts mix and do business in said city -4- under the terms of this ordinance as hereinbefore set out* and as defined herein. Such permit shall entitle said frozen desserts manufacturer to distribute frozen desserts and frozen desserts mix and do business in accordance with the Provis- ions of this ordinance and, unless revoked, shall continue in force far a perird 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 fee in accordance wish and subject to the terms and condition of this ordinance. For production computation purposes three dozen novelties shall egad one gallon of ice cream. As often as required by the health officer and at least once each year every frozen desserts manufacturer having a permit to operate in the City of Fort Borth shall furnish the health officer a full and complete report gimp; the sources of all ingredients used in the manufacture of frozen desserts and the amounts of frozen desserts manufactured. Such report shall cover the period of time designated by the health officer. SECTION 4 Iabeling.- All cans, packages, and other containers enclosing mix or fro- zen desserts or their ingredients derived from milk, except those filled from labeled bulk containers in retail dispensing, shall be plainly labeled cr mark- ed with (1) the name of the contents; (2) in the case of mix the work "pasteuriz- ed" if the contents have been pasteurized and the work "raw" if the contents have not been pasteurized; and (3) the name and the street address, or the permit number, of the plant at which the contents were placed in the container . A descriptive word or phrase indicating in more detail the composition or flavor- ing of the mix or frozen dessert, such as strawberry, chocolate, custard, etc., may be used on the label. The label or mark shall be in letters of a size, kinds and color approved by the health officer. Trade names and trade marks may be permitted. The label shall contain no marks or words which are misleading. SECTION 5 Inspection of frozen desserts plants*- At least once during each six months period the health officer shall inspect all frozen desserts plants, the products of which are intended for consumption within the municipality of Fort Worlh or its police jurisdiction. In case the health officer 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 to be remedied, but not before the lapse of 3 days, and the second inspection shall be used in determining compliance with the requirements of this ordinance. Any violation of the same item of this ordinance on two consecutive inspections may call for immediate suspension of permi t. One copy of the inspection report sball be delivered to the owner of the premises inspected, or his agent, and shall be readily available at any time for a period of 12 months. Another copy of the inspection report shall be filed with the records of the health department. rs- SECTION 6 The examination of frozen desserts and their ingredients.- During each six months period at least four samples of frozen desserts and pasteurized mix from each plant shall be tested by the health officer. Samples of mix or frozen des- serts may be taken by the health officer at any time prior to final delivery. Samples of ingredients may be tested as often as the health officer may require. Samples of frozen desserts from stores, cafes, soda fountains, restaurants, and other placesWhere frozen desserts are sold maybe tested as often as the health officer may require. Bacterial plate counts and direct microscopic counts shall be made in conformity with the 1934 standard methods recommended by the American Public Health Association. Examinations may include such other chemical and Physical determinations as the health officer may deem necessary for the detect- ion of adulteration, these examinations to be made in conformity with the 1934 standard methods of the American Public Health Association and the Association of Official bgricultural Chemists. All proprietors of plants, stores, cafes, restaurants, soda f aantains, and other similar places shall furnish the health officers upon his request, the names of all persons from whom their mix or fto- zen desserts are obtained. Whenever the average bacterial plate count, the average reduetion time, or the average coaling temperature falls beyond the limit, the health of fic er shall send Written notice thereof to the plant concerned, and shall take an additional sample, but not before the lapse of three days, for determining a new average in accordance with section 1 (L). Violation of the requirement by the new average or by any subsequent average during .the remainder of the current six months per- iod shall call for immediate suspension of the permit, unless the last individ- ual result is within the limit. SECTION 7 Sanitation requirements for frozen desserts plants.- 411 frozen desserts plants shall comply with the following items of sanitation. Item 1P. Floors.- The floors of all rooms in which mix, frozen desserts, or their ingredients are manufactured, frozen, or stored, or in which containers and utensils are washed, shall be constructed of concrete or other equally im- pervious and easily cleaned material, and ,shall be smooth, properly drained, provided with trapped drains, and kept clean. Item 2P. Valls and ceilings.- Walls and ceilings of roans in which mix, frozen desserts, or their ingredients are manufactured or frozen, or in which containers or utensils are washed, shall have a smooth* washable light-colored surface, and shall be kept clean. Item 3P, Doors and windows.- Unless other effective means are provided to prevent the access of flies, all openings to the outer air shall be effectively screened and doors shall be self-closing. Item 4P. Lighting and ventilation.. All rooms shall be well lighted and ventilated., -6. It,em5P. Miscellaneous protection from contamination.- The various plant operations shall be so located and conducted as to prevent any contamination of the mix, frozen desserts, their ingredients, cleaned equipment, or containers. All means necessary for the elimination of flies shall be used. A separate room for the mixing of ingredients is recnded, Separate rooms shall be provided for (a) the pasteurizing, processing, cooling, freezing, and packaging operations, and (b) the washing and bactericidal treatment of containers: Provided, that requirement (a) shall be satisfied, in frozen desserts plants which frame and sell only at retail on the premises, if all mixing, freezing, and packaging pro- cesses, but not necessarily the hardening and storage compartments, are enclosed in a tight glass or other sanitary enclosure which is open only on the side firth- -est from the public, which has a dust-tight top extending over the entire freeze:.' and which is protected by a fan so installed and of such power as to prevent the entrance of flies. Containers of frozen desserts ingredients shall not be unload- ed directly into the room or rooms 'used for pasteurization, or subsequeit process- es. Pasteurized mix or frozen desserts shall not be permitted to come in contact with equipment with which unpasteurized mix, frozen desserts, milk, or milk pro- ducts have been in contact, unless such equipment has first been thoroughly clean- ed and subjected to bactericidal treatment. None of the operations connected with a frozen desserts plant shall be conducted in a room used for domestic pur- poses. Item 6P. Toilet facilities.- There shall be provided toilet facilities conforming with the ordinances of the municipality of Fart Worth , and which are kept clean, well ventilated, and in good repair. Toilet vcoms oball not open directly into any room in which frozen desserts, their i;igredients, equip- ment, or containers are handled or stored. The doors of all toilet rooms shall be self-closing. Item 7P. 'eater supply.- The water supply shall be easily accessible, adeq- uate, and of a safe, sanitary quality. Item 8P. Hand-washing facilities.- Convenient hand-washing fLailities shall be provided , including warm running water, soapq and approved sanitary towels. The use of a common towel is prohibited. No employee shall resume work after using the toilet room without first washing his hands, Item 9P. Sanitary piping.- All piping used to conduct ingredients, mix, or frozen desserts shall be sanitary milk piping of a type which can be easily cleaned with a brush and which is approved by the health officer. Item IOP. Construction and repair of containers and equipment.- All multi- use containers and equipment with which mix, frozen desserts, or their ingredients come in contact shall be constructed in such manner as to be easily cleaned, and shall be kept in good repair. Item 11P. Disposal of wastes.- All wastes shall be properly handled and disposed of in accord with existing city ordinances, Item 12P. Cleaning and bactericidal treatment of containers and equipment.- -7- AU multi-service containers and equipment for mix, frozen desserts, or their ingredients shall be thoroughly cleaned after each usage. All containers shall be subjected to an approved bactericidal process after each cleaning, and all equipment immediately before each usage. When empty and before being returned by a frozen desserts plant, each milk and milk products container shall be ef- fectively cleaned and subjected to bactericidal treatment. Item 13P. Storage of eortainerse- After bactericidal treatment all multi- use containers for mix, frozen desserts, and their ingredients shall be stored in such manner as to be protected from contamination. Item lVe Handling of containers and equipment.- Between bactericidal treatment and usage, and during usage, containers and equipment shall not be handled or operated in such manner as to permit contamination of the frozen des- serts a mix, or their ingredients. Item 15P. Storage and handling of single service containers and utensils.- Caps, parchment papers# wrappera, can liners, and single-service sticks, spoonsg, and containers for frozen desserts, mix, or their ingredients shall be purchased only in sanitary containers; shall be kept therein in a clean dry placed and shall be handled in a sanitary manner. Item 16P. Pasteurization of mix.- All mix shall be pasteurized as des- cribes) in section l(P) of this ordinance. Item 17P. Cooling and handling.- All milk and fluid milk products receiv- ed at the frozen desserts plant for use in frozen desserts cc mix shall iued- iately be cooled) in approved equipment to 50 degrees Te or less and maintained at that temperature until pasteurized, unless they are to be pasteurized within 2 hours after receipt; and all pasteurized mix shall immediately be cooled in ap- proved equipment to an average temperature of 50 degrees Fe or less, as defined in section 1 (.7.) of this ordinance, 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 the mix shall be handled in a sanitary manner. ]lipping from Containers of pasteurized mix is prohibited. Item 18P. Packaging, etc.- Packaging, cutting moldinge dipping* freerzinge hardening, and other Ireparation of mix or frozen desserts or their ingredients shall be done in an approved manner. Containers shall be adequately covered immediately after filling, Caps or covers shall be handled in such manner as to prevent contamination of the package contents. Item 19Pe Overflow or spillage.- 'Product drip, or overflow or spilled mix or frozen desserts or their ingredients, shall not be sold for human consumption. Item 20P, Returns.- Mix or frozen desserts in open or broken containers may after delivery be returned to the plant for inspection, but shall not be used for making mix or frozen desserts. heat all. Versonnelo hehltb.-- The health officer or a physician au thaci,zed �q him sha.0 exlne► and take a ireful morbidity history of every person con- nected with a Frozen desserts p1,Mt% or about to be employed, whose work brings him in contact with the productica-1 handlings, or storage of mix or frozen des- serU,, containers, or equipments If such examinations suggest that such person may be a carrier of or infected with the, organisms of typhoid or paratyphoid fever or arW other communicable diseases likely to be transmitted through frozen desserts., he shall secure appropriate specimens of body discharges and cause them to be exam fined in a laboratory approved by him or by the state health au thori ties for such examinations, and if the results justify such person shall be barred from such empl4ftent. Such p&sotts shall furnish such information, submit to such physical exam- inations, and submit such laboratory ,speci.mens every six months or as the health officer may arequire for the purpoe4 of determining freedom from infection.. Item 2M Personnel, cleanl3.`tases,*- All persons coming in contact vi th mix„ frozen desserts, their ingredients, containers, or equipment, shall wear clean outer garments and shall keep their hands clean at all times whits thus engaged. Item 23P. l ascellaneouay.. All, Vehicles used for the transportation of mix er frozen desserts or their ingredients shall be so constructed and operated as to protect their contents from the shin and from contamination. Such vehicles shall be kept clean* and no substance capable of contaminating mix or frozen deaserts or their ingredients shall be transported thereeith in such manner as to permit contermination. All Yehiclte used for the distribution of mix or fro- 4*n desserts shall ha-ie the name of the distributor prominently displayed. The immediate surroundings of all Frozen desserts plants shall be kW in a neat, clean condition. Item 24P. Bacterial plate count of pasteurized mix or frozen desserts.- The gverage bacterial plate count of the pasteurized mix or the frozen desserts shall at no time prior to delivery exceed 50,000 per gram* as determined under sections 1 (L) and 6. Item 25P. Ingredients.- All mix add frozen desserts ingredients shall be clean, have a fresh wholesome flavor and odor and a normal appearance, be of satisfactory quality, and shall be handled or processed in an approved manner. Hilk said milk prcdudts used as ingredients in the racy state shall have an average bacterial plate bcUht not exceeding 2009000 per cubic centimeter or per gram, or an average dir*Ot microscopic count not exceeding 2009000 per cubic centimeter or per gram it clumps are counted or 800,000 if individual organisms are counted, or an average reduction time of not less than 6 hours, as determined under` sections 1 (L) and 6t and milk and milk products used ac ingredients in the pastturited, condensed i staporated or dried state shall have an average bacterial plate bount not exceeding 50 x000 per cubic centime ter or, per grams Provided, that these limits shall be doubled in the case of cream. -9- a�Cg CN 8 Frozen desserts plants whim:.my sell their pr oducts.- From and after 6 months from the date on which thle ordinance takes effect no mix or frozen des- serts shall be sold for ultimate consumption within the municipality of Fort Worth or its police jurisdiction unless it has been manufactured and frozen in a plant conforming with tha requirements- of this ordinance; rrovided, that when any frozen desserts plant fails to qualify the health officer is authorized to revoke the permit. SEC'T'ION 9 Suspension and re-issuing of permit.- If at any time-A suspension of the J*rmit shall became justified in any case, the health officer shall, subject tb the provisions of sections 3. 5. 6 and 7 of this ordinance, immediately suspen,. the permit of said frozen desserts plants. Any frozen desserts plant, the premia of which has been suspended by the belalth officer, may at any time make mpplication for the re-issuing of the pe,=it, Upon receipt of a satisfacta y +aalieatioa% in case the suspensicn of permit So the result of an unsatisfactory bac=terial condition or cooling temperature, the health officer shall take further samples at the rate of not more than 2 samples per week. The health ctf icer s l re-issue, the permit whenever the aver- egs of the last four sample results indicates the necessary compliance., In case the suspension of permit is-due to the violation of any item or 1tfts of the specificat cns prescribed in: section 7 other than bactearW condition or cooling temperaturew the said applicatim must be accompanied by a statement 4igfed by the applicant to the effect that the violated item or items ct the apesifications have been conformed with. Within one week of the receipt of such ea application and statement the health of€icer shall make a reinspection. and 19he*after as many additional reinspecti.ons as he may deem necessary to assure bi=pslf that the applicant is again complying with the requirements. and in -case 1te findings indicate compliance. shall reissue the permit. SECU ON 10 Transferring and diarenai.ng f rozen desserts.. No person shall transfer 0bz*a desserts from one pcatainer to another or package the same on the s treat at is any vehicle or in am ,place except a sanitary room under approved condit- Ams&-- SECTION 11 Mix end frozen desserts from point* 'beyond the limits of routine inspection.- Mran* frozen desserts from points beyond the limits of routine inspection of the municipality of Fort liorth may not be sold in the municipality of Fcr t Aorthe or its police jurisdiction. unless controlled under provisions equivalent to the requirements of this ordinance: Providedw that the health dficer shall satisfy himself' that the health officer having jurisdiction over the manufacture is pro- perly enforcing such provisions. -10- SECTION 12 Future frozen desserts plants.- All frozen desserts plants franc Vhich mix or frozen desserts are supplied to the municipality of Fart Worth, which are hereafter constructed, reconstructed, or extensively altered, shall conform in their construction to the requirements of this ordinance. Properly prepared Plans for all frozen desserts plants which are hereafter constructed, reemstruct- ad, or extensively altered shall be sutmitted for approval before work is begun, and signed approval shall be obtained from the health officer. SECTION 13 Notification of disease.- Notice shall be sent to the health cf fie er im- mediately by any frozen desserts manufacturer or distributor among whose ezaployeeE any infectious, contageous, or communicable disease occurs. SECTION 14 ilirocedure when infection suspected.- When suspicion arises as to the pos- sibility of transmission of infection from any person concerned with the handling of mixg frozen desserts, or their ingredients, the health at(icer is authorized to require any or all of the following measures: (1) the immediate exclusion of that person from handling mix# frozen desserts# or their ingredients; (2) the immediate exclusion of the supply concerned from distribution and uaoj' (3) ad- equate medical and bacteriological examination of the persong of his associates, and of his and their bodily discharges:. SECTION 15 Enforcement interpretation.- This ordinance shall be enforced by the health officer in accordance with the interpretations thereof contained in the 1940 edition of the United States Public Health Service Frozen Desserts Ccdelp a certi- fied copy of which shall be on file in the City Clerk's office. SECTIM 16 Penalties.. Any person who shall violate any provision of this ordinance shall be fined a eum of money not to exceed Two Hundred Dollars ($200.). Each and every violation of the provisions of thisordinance shall constitute a Sep- arate offense and each day that the same is violated shall constitute a separate offense. SECTION 17 Repeal and date of effect.- All ordinances and parts cf ordinances in con- flict with this ordinance are hereby repealed; and this ordinance shall be in full force and effect immediately upon its adoption and its publication. as pro- vided by law. SECTION 18 Unconstitutionality clause*. Should any section, parWaph, sentence, ll! clause, pr phrase oi{ this ordinance be declared unconstitutional or invalid for any reason, the remainder of said ordinance shall not be affected thereby. ATMST s City Secretary AFMVED AS TO WMt ity Attorney