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HomeMy WebLinkAboutORD 56-EW AN 0 11NANCE Entitled an Ordinance DEFINING tEitizILK« AND CERTAIN MILK PRODUCTS, ""ILK P ODUCER" ; - "PASTEURIZ.AT ION"; ETC. PROHIBITING THE SALE OF ADULTERATED AND PFLIS- BF.ANDED I.IILK AID' IvKILK PRODUCTS, REQUIRING PER11ITS FOR THE SALE OF KILK AND IdILK PRODUCTS, REGULATING THE INSPECTION OF DAIRY. FA1UITS AND 1VIILi PLANTS, THE TESTING, GRADING, LABELING, PLACAFDING, PASTEURIZA- T ION, REGRADING, DISTRIBUTION, SALE, AND DENATURING OF INILK AMD MILK_ PRODUCTS, PROVIDING FOR THE PUBLISH- ING OF IVIILK GIIViDES, THE CONSTRUCTION OF FUTURE DAIRIES AND IVIILK PLANTS, THE ENFORCEMENT OF THIS ORDINANCE, AND THE FIXING OF PENALT IES e AND REEL A-1 NG AJ -IL OTS 0R1D1v1JICES 11•, CO iF"L1Cr2 i=E'WITH. - - BE IT "ORDAINED BY THE CITY 00hUdISSION OF THE EITY OF BEAUDIONT, JEFFERSON COUNTY, STATE OF TEXAS, AS FOL-LOV S Section 1. DEFINITIONS. The following definitions shall apply in the interpreta- tion and the enforcement of this ordinance® _TJiLK (A) Milk is hereby defined to be the whole, fresh, clean, lacteal secretion obtained by the complete milking Of one or more healthy cows, properly fed and kept, excluding that obtained within fifteen days before and nine days after calving, or such longer period as may be necessary to render the milk practically colostrum free; which contains not less than eight and one half per cent (8_12%) of solids not fat and not less than three and one fourth percent (3-1/4%) of milk fat. IdILK FAT OR BUTTE -E FAT (B) 1-Ulk fat or butter fat is the fat of milk and has a Reichert -Meissel nuzaber of not less than twenty four (24) and a specific gravity of not less than 0.905, (40oC-4OoC) . CREAM (C) Cream, sweet cream, is that portion of milk, -rich in milk fat, which rises to the surface of milk oil standing or is separated from it by centrifugal force, is fresh and clean, and which contains not less than eighteen percent (18%) of milk fat; provided that cream having less than 18 per cent milk fat shall be known as SUB-STAT\TAFD Cream having less than thirty percent (30%) milk fat shall be mown as LIGHT CRAM. Cream having more than thirty percent (30jo) and less than forty percent (40ja) milk fat shall be know -n as HEAVY CREAM, and cream having more than forty percent (40jo) milk tat shall be known as EXTRA HEAVY CI?EAIFj- 65 • , r. � l9 �� � ! �Yr.�d i42_ Vi'HIPPING CREAL-1 AND Iii ,NUFACTURING CREAM are creams intended for whipping and manufacturing purposes, and the grades: of same shall not be based on bacterial count. SETA M' D T!= (D) Skimmed milk is milk from which substantially all the milk.fat has been removed. ADJUSTED MILL (E) Adjusted milk is milk in which the percentage of milk- fat ilkfast has been adjusted by the addition or removal of cream or skimmed milk. BUTTER (MILK (F) Butter milk. is the product which remains when milk fat is removed from milk or cream, sweet or sour; in the process of churn- ing. It contains not less than eight and five tenths 'percent (8.5%) of milk. solids not fat. CULTURED BUTTER MILK - (G) Cultured butter milk is the product resultir_g.from the souring or -treatment by a lactic acid culture of milk Or milk pro- ducts. - EVAPORATED MILK (UNSWEETENED) (H) Evapora'ted milk (unsweetened) is milk from which a considerable portion of water has been evaporated and- which con- tains not less than twenty five and five tenths per cent (25.5°�o) of milk solids and not less than sever_ and eight tenths per cent (7.8%) milk fat . CONDENSED MILK ( SWEETENED ) (I) Condensed milk (sweetened) is milk from which a con- siderable portion of water has been evaporated to which sugar has been added, and which contains not less than twenty eight per cent (26%) of milk solids and not less than eight per cent (6%) milk fat. CONDENSED SK-MVIED MILK (J) Condensed skimmed milk is skimmed milk frim which a considerable portion of water has been evaporated and which contains not less than twenty per cent (20j) of milk solids. P()VMERED (DRIED) WHOLE MILK - (y) Powdered whole milk all of the .water has been removed, twenty six per cent (26 6) of milk cent (5jo) of moisture. PC)WDERED (DRI+' ) SKI'iUIlI M MILK (L} is milk from which substantially and which contains not -less than fat, and nod more than five per po�vdered skimmed Milk milk f ihsub- stantially all the waterhas been emvanwhichcontains not -nPr P.Pnt (50/o) Of moisture. RECOMBINED MILK. (M) Re -combined milk is a substance produced by recombin- ing powdered whole milk, powdered skimmed milk, condensed or evaporated whole milk, or skimmed milk and milk fat, with water and shall con- form in milk fat percentage and bacterial counts to the provisions of this ordinance relating to milk. MILK PRODUCTS (N) Milk products shall be taken to mean and include cream, skimmed milk, adjusted milk, butter milk, cultured butter milk, eva- porated milk (unsweetened) condensed milk (sweetened) condensed skimmed milk, powdered whole milk, powdered skimmed milk, and recombined milk. PASTEURIZATION (0) The terms "pasteurization'r, "pasteurize", "pasteurized" and similar terms shall be taken to refer to the process.of heating milk or milk products to a temperature of not..less than one hundred and forty two degrees (1420) Fahrenheit, and holding at such tm�e}a-� tures for not less than thirty (30) minutes, .in pasteurization approved by the Health Officer, the temperature and time being automatically recorded by'a temperature and time recording device approved by the Health Officer, ADULTERATED MILK AND MILK PRODUCTS (P) Adulterated milk and milk products are milk and milk products defined in this ordinance which do not conform with the de- finition contained in the ordina7.1ce. MILE. PRODUCER (Q) A milk producer is who owns or controls one or more from which is for sale or sold or or corporation. MILK DISTRIBUTOR (R) A milk distributor which has in possession, offers other, any milk or milk products purposeso DAIRY OR DAIRY FARM any person, firm, or cows, a part or all: delivered to another corporation of the milk person, firm is any person, firm or corporation for sale, sells or delivers to an - for consumption or manufacturing (S) A dairy or dairy farm is any place or premises where one or more cows are kept, a part or all of theit or mi-or-cor- poration. or Pro- ducts ro ducts from which is sold or delivered to any person, porat ion. MILK PLANT (t) A milk plant is any place premises or processed,sstored, where milk or milk products are collected, bottled, pasteurized., or prepared for distribution. HEALTH OFFICErR AVERAGE'BACTERIAL COUNT V (V-) Average bacterial count. shall be taken to mean,the, avdrage bacterial count of all samples taken during the grading period;_ including at least four samples taken upon separate days. GROING PERIOD (W) The grading period shall be such period of time as -the Health Officer may designate within which grades shall be determined for all milk and cream supplies, provided that -the grading period shall in no.case exceed six (6).months. DISINFECTANT (x) A disinfectant is any germicidal substance approved by the Health Officer. D IP T�IIi� (Y) Dip milk is any milk dipped, poured or in any way removed from any can, bucket or other container used in handling bulk milk, and intended for human consumption. CONTAMINATED (Z) The term "Contaminated" shall be deemed to apply to all . milk, milk products or. milk containers not securely protected from flies, dust, dirt and as far as may be necessary from all foreign or injurious substances. Section 2. THE SALE OF ADULTERATED OR MISBRIUMED 1111 -ILK OR IVIIIut PRODUCTS PROHIBITED. No person,. firm, association or corporation shall within the City of Beaumont, State of Texas; produde, sell, offer or expose for sale, or have in possession with intent to sell, any milk or milk products which is adulterated or misbranded. section 3. 2ER1MIT S It shall be up_lawful -for , any person, firm, association or cor- poration to bring into or -receive into the city of Beaumont, for sale, or to.sell or offer for sale therein or to have on hand any milk or milk product, excepting evaporated milk, condensed milk, condensed skimm&i milk, powdered whole milk, and powdered skimmed milk, who does. not possess an unrevoked permit from the' Health Offi- cer - of the city of Beaumont ancd' on whose vehicle or ' in whose place of business there does not appear iri a conspicuous place a placard showing the permit number in figures at least three inches high and one inch wide. Such a permit may be revoked by the Health Officer upon the violation by the holder of any of the terms of this or any other Health Ordinance of the City of Beaumont, provided that the holder _ __.�,4--1,n-,Z nom-olvim" ttith such revocation have _5" Section 4. LABELING AND PLAC ABD ING All bottles, cans, packages and other containers enclosing milk or any milk product defined in this Ordinance shall be plainly labeled or marked with; (1) The name of the contents as given in the definitions of this Ordinance; (2) The grade of the contents if said contents are graded under .the definitions of this ordinance; (3) the word "pasteurized" if the contents have been pasteurized; (4) the word `Iraw" if the -,contents are raw; (5) the percentage of milk n if the package or other container encloses adjusted milk. Every grocery store, restaurant., cafe, soda fountain -or similar establishment selling or serving milk shall display in a space.desi- gnated by the Health Officer, a .card varnished by the Health Officer stating the grade of the milk at the time when delivered and whether same is raw or pasteurized. Every vehicle used in the delivery of milk or milk products in the City of Beaumont shall be plainly parkecl in letters not less than one_ inch wide and three inches high, with the name and permit number of the retailer and the grade of milk sold. Section 5. INSPECTION OF DAIRY FARYIS AND MILK PLANTS FOR THE PURPOSE OF GRADING - At least once during each grading period the Health Officer shall inspect every -dairy farm producing milk or cream for consume -- tion within the City of Beaumont, and all milk plants whose milk or cream is intended for consumption within the City of Beaumont. In case the Health Of discovers the violation of any items of sanitation_, he shall make a secoizd inspection after a lapse of such time .as he deems necessary for the defect to be remedied but not be- fore the lapse of three days, and the'second inspection shall be used to determine the grade of milk or cream. One copy of the inspection report shall be 'posted by the Health Officer in a conspicious place upon an inside wall of one of the dairy farm tmilk plant buildings, and said inspection report shall not be removed by any. person except the Health Officer. Another .copy of the inspection report shall be filed with the records of the Health De- partment. In addition, a written notice shall be mailed to or left with the owner or manager in ease of violation. Section 6. THE TESTING OF NZILN'. AND MIS PFODUCTS During each grading period at least four samples of milk or cream from each dairy farm and each milk plant shall be tested by the Health Officer. Samples of milk andeream from stores, cafes, soda fountains, restaurants and other places where milk products are sold shall be tested as often as the Health Officer may reciui*re, Said tests shall include the determination of the bacterial count made in conformity with the standard methods recommended by the Ameri- can Public Health Association, and may include such other chemical and physical determinations as the Health Officer may deem necessary for the detection of adulteration. Notices of bacterial counts shall be given to the producer or distributor concerned as-soo,n as made, or to any interested person on. request. - Samples may be taken- - bv the Health Officer at any time prior to the final delivery of -6.6 Should the market value of any sample exceed twenty five cents the City of -Beaumont shall pay the distributor therefor. Section 7. THE GRADING OF ItiIIZ AND CREAM At least once every month the Health Officer shall announce through a bulletin, published by the City of Beaumont, the grades of all milk and.cream,supplies delivered by all producers or dis- tributors and ultimately consumed within the City of Beaumont. Said grades shall be based upon the following standards; the grading of cream being identical with the grading of milk except that the permissible bacterial limits shall be multiplied five fold in each case. CERT.' IF IED MILK Certified milk is milk which conforms with the requirements of the American Association of ,Mi�dical Milk Commissions and pro- duced under the supervision of the Medical Milk Commission of the Medical Society of Jefferson County, Texas. GRADE "A" RAVI IVIILL Grade "A" Raw Milk is milk whose average becterial count as determined under Section 6 of this Ordinance does not exceed 50,000 per cubic centimeter, and which is produced upon dairy farms con- forming with all of the following items, of sanitation; COVIS: TUBERCULOSIS & OTHER DISEASES (1) A physical examination and tuberculin test of all cows - shall be -made before any milk therefrom is sold and at leash onc-0-- every twelve months thereafter by a recognized, accredited, Veteri- narian, approved by the Live stock -Sanitary Commission of The State of Texas and accredited by the .U. S. Bureau Animal. Industry and approved by the Health Officer. A certificate signed by the Veterinarian, and filed with the Health Officer, shall be #be --e valid evidence of the above test. Every diseased animal shall be removed from the herd at once and no milk from diseased cows shall be offered for sale. All reacting animals shall be isolated at. once and immediately excluded from the premises. All animals failing to pass the tuberculin test shall be branded with the Netter "T" or "T.B." on the shoulder, hip or jaw and removed at once and slaughtered under the direction of the Health Officer. Each letter in the brand shall be not less than two inches high and one and one half inches -wide. Herds showing reactors on any test shall be retested within six months but not before the lapse of sixty days. DAIRY BARNS Lihtin. i (2) All dairy barns shall have at least three square feet of window -space for each animal. Air Space. 3) All dairy barns shall have at least five hundred (500) cubic feet of air space per cow. R -7- Walls and Ceilings. 5 The walls and ceilings of all dairy barns shall be whitewashed once each year or painted once every two years or finished in a manner approved by the Health Officer, and shall be kept clean and in good repair. No hay or other feed stuffs shall be stored above the barn. Cow Yard. �(6) All cow yards shall be.graded and drained as well as practicable, and kept clean. Manure leis �osal.• (7 All manure shall be removed and stored or disposed of in such manner as best to prevent .the breeding of flies . therein7l HILY HOUSE OF, ROOH Construction.' � ?8) There shall be provided a separate milk house or milk room for the handling and storage o� milk, provided with a tight floor constructed of cement or other impervious material and graded to provide proper drainage. The Walls and ceiling of the milk house of room shall be of such construction as to permit easy cleaning and shall be painted at least once each year ..or finished in a manner. approved by the Health Officer. The milk house or room shall be well lighted and all openings effectively screened to prevent the "entrance of flies, and shall be used for no other purpose than the handling and storage of milk or milk products and other operations incident thereto. The cleaning and other operations shall be so located and conducted, in a separate room, as to prevent any contamination one to the other. The milk room shall not open directly.into the barn or into any room used for sleeping. or domestic purposes. The milk room shall .be of suffi- cient size as to exclude crowded conditions. _ Cleanliness. 191 -The floors, walls, ceilings and equipment of the milk house or room shall be kept clean at all times. All necessary means shall be used for the. elimination of flies. TOILET (10) Every dairy farm shall be provided with 'a sanitary toilet constructed and operated in accordance with the Ordinances of the City of. Beaumor_t. No outeid..e sanitary privy shall be located or sewerage effluent be discharged within one hundred (100) feet of any dairy barn, milk house, or source of water supply. - WATER SUPPLY (11) The water supply shall be "easily accessible, adequate and of a safe, sanitary quality. UTENSILS Construction 12 All containers or utensils used in the handling or storage of milk or milk products must be of such construction _ _ 4- „ k- ,,_ -i; ,,, non , aA and mint be in Rood repair. Joint s and . Cleaning (13) All containers and other utensils used in the handling and storing or transportation of -milk and milk products must be thoroughly cleaned by rinsing with clean water after each usage, scrubbed in an alkaline solution, and rinsed with clean water. sterilizat ion (1-4-7—All containers and other utensils used in the handling, storing,. or transportation_ of milk and milk products shall between each usage, and after being thoroughly washed and rinsed, be sterilized with steam as a final operation. Stora e 15) All containers and other utensils used in the handling, storing or transportation of milk or milk products shall be stored so as not to become contaminated until again used. Handling (16) After sterilization no or milk product utensil shall 'be handled mit any part of the person or clothing to surface with which milk or milk products MILKING container or other milk in such manner as to per - come in contact with any come in cont act. Udders and Teats. 17 The udder and teats of all milking cows shall be clean_ and sponged with water containing chloride of lime or any other approved disinfectant, and dried: with a disinfected cloth immediately before milking. The first stream of milk from each teat shall be milked into a container and properly thrown awayl Fl anks (16) The flanks of all milking cows shall be kept free of visible dirt at the time of milking. Milker's Hands. 19 Milkers' hands shall be clean and rinsed with water containing chloride of lime or any other approved disinfec= tant and dried with a clean towel immediately before milking. Should the milking operation be interrupted the milker's hands must be redisinfected. Bret ,hand milking is strictly prohibited. Clean Clothin (20 Milkers shall wear clean outer garments durihg milking. Milk stools. 21 + Milk stools shall be kept clean. Removal of Milk 22 Each pail of milk shall be removed immediately to the milk house. No milk shall be strained in the dairy barn. COOLING (23) Milk must be cooled immediately after milking to 50 a rajzreA,q Fahrenheit or less and maintained at or below that tempera- BOTTLING AND CAPPING (24) Capping.shall preferably be done by machine. In case capping is done by hand the hands shall be disinfected in a manner approved by the Health Officer, beford. the process of capping is begun and after each interruption. Caps not purchased in sanitary containers and kept therein until used shall be kept in dust proof containers and shall be immersed in an approved disinfectant solution immediately before use. PERSONNEL Health Certificates. (25) Every person whose work brings him or her in re- gular contact with the production, handling, storage or transporta- tion of milk or milk products shall hold a certificate from the Health Officer certifying to the fact that within twelve months laboratory and other examinations have been made indicating that said person is free from tuberculosis, that said person is not a carrier of Typhoid Fever, and that said person is free of any di- sease capable of being spread through milk supplies. Notification of Disease. 26 Notice shall be sent twenty four hours by any milk producer dairy farm any case of 'sickness or any communicable disease occurs* GRADE "B" RAV`' MILK to the Health Officer within or distributor upon whose infectious, contagious, or Grade "B" Raw Milk is milk the average bacterial count of which at no time prior to delivery exceeds 200,000 per cubic centimeter, and which is produced upon dairy farms .conforming with all the items of sanitation_ reauired for Grade "All Raw Milk except (21), (3), (4), (5), (6) provided that cleanliness. -shall in no case be omitted, Item (231 shall applyexcept that the cooling temperature shall be changed to sixty (60degrees Fahrenheit. Item (14) shall apply except that boiling water may be substituted for steam. GRADE "C" RAMI .MILK Grade 110" Raw Milk is milk the average bacterial count of which at no time prior to delivery exceeds 1,000,000 per cubic centimeter, and which is produced upon dairy farms conforming with all the items. of sanitation required for Grade "All Raw Milk except (1), (2), (3), (4), (5), (6), (7)9 (12), (14), (23), (24) and (25), provided that cleanliness shall in no case be omitted. GRADE 'ID" RAW MILK Grade "D" Raw Milk is milk which does not meet the requirements of either Grade "A", "B", or "C", Raw Milk, and the average bacterial count of which does not exceed -5,•000,000. GRADE "A" PASTEURIZED MILK Grade "A" pasteurized milk is Grade "A" and Grade "B" Raw Milk which has been -pasteurized, cooled and bottled in.a milk plant con- forming with all the following items of sanitation and the average bacterial count of which at no time after pasteurization and until -10 - BUILDINGS AND EQ.UIPMENT ick, I,-)�n t Floors. (1) The floors of all rooms in which milk is handled shall be smooth, impervious, properly drained, and provided With trapped drains, and kept clean. Walls and Ceilings* 2 Walls and ceilings of rooms in which milk is handled or stored .shall be frequently painted with a light colored paint or finished in a manner approved by the Health Officer, and kept clean. Doors and Windows. 3 All openings into the outer air shall be effec- tively -screened to prevent the acceus of flies. Doors shall be self-clssing. Lighting and Ventilation. 4 .All rooms shall be well lighted and ventilated. SIW Protection from Contamination; and flies. 5 The various milk plant opera ions shall be so lo- cated and conducted as to prevent any contamination one to the other. All necessary means shall be used for the elimination of flies. Toilet Facilities. 6) Every milk plant shall be provided with toilet facilities conforming with the ordinance of the City of Beaumont. There shall be at least one room or vestibule not used for milk purposes between the toilet room and any room in which milk or milk products are handled. The doors of all toilet rooms shall. be self closing. Toilet rooms shall be kept in a clean condition, in good repair, and well ventilated. Water Sura 1 ? The water supply shall be easily accessible, ade- quate, and of a safe, sanitary quality. tdash ' Room. A wash room shall be provided, equipped with hot - running water; soap and sanitary towels of a type approved by the Health Officer. The use of a common towel is prohibited. IUIilk Piping. 9 Only "sanitary milk piping' of a type which can be easily dleaned-with a brush shall be used. .. Const rudtion of Equipment* (10) All equipment with which milk comes in contact shall be constructed in such a manner as to be easily cleaned and shall be kept clean. Disj2osal of Kastes. (11) All wastes shall be disposed of in conformity with the reauirements of the Health Officer. MI HODS Cleaning and Sterilizing of Containers and Apparatus. �(.0 tom. Stora e of Containers. (13) After sterilization all bottles, cans, and other containers shall be stored in an inverted position in a clean place protected from contamination. Handlin ' of Containers and Apparatus., (14) Between sterilization and usage all containers and apparatus shall be handled in such manner as to prevent any, part of the person or clothing from coming in_contact with any sur- face with which milk or milk products come in contact. Storage -of Cabs. 15 idi,lk bottles caps shall be purchased. and stored only in sanitary tubes and shall be kept therein until used. Pasteurization. (16 Pasteurization shall be performed as described. in the definition section of this Ordinance. The time and temperature record charts shall be preserved for a period 'of three months for the information of the Health Officer. Coolin . 17) All milk not pasteurized upon receipt -shall be immediately cooled to a temperature of 50 degrees Fahrenheit or less and maintained thereat until delivery. Bottlin . �8) Bottling shall be done in such manner as to pre- vent any part of the person or clothing from coming in contact with any,surface with which milk or milk products come in contact. Over -'low Milk. (19.) Over -flow milk which has become machine contami- nated. shall not be -sold for human consumption. 0,a 1n -4o (20) . Capping shall be done by machinery approved by the Health Officer.. Hand capping is prohibited. Time of Deliver • 21Milk to be consumed in the form of whole milk shall be delivered,to•the final consumer within thirty six hours of the time of pasteurization. PERSONNEL Health Certificate. (22T Every person whose work brings hien or her in con- tact with the production, handling- storage or transportation of milk or milk products shall hold a certificate from the Health Offi- cer certifying to the fact that within twelve months laboratory and other examinationshave been made indicating that said person is free of tuberculosis, that ,said person is not a carrier of typhoid fever, and that said person is free of -any disease capable of being spread through milk supplies. Notification of Disease. (ff3y Notice shall be sent to the Health Officer within twenty four hours by any milk producer or distributor upon whose n ___ _____ ____ -- _4-1---m nY. QYVT7 in-Pmr!ti nn_R_ aoxitaaiouso Or -12- GRADE "B" PAS2EURIZED MIA= 5, �0-/C/ Grade "B" pasteurized milk is Grade "A", "B", "C", yaw Milk which has been -pasteurized, cooled andbottled in a milk plant con- forming with all the items of sanitation required for Grade "A" Pasteurized Milk excepting (2), (4) or (24), and the average .bacterial count of which at no time after pasteurization and prior to delivery exceed 100,000® GRADS "C" PASTEURIZED MIL= Grade "C" pasteurized Milk is pasteurized milk which does not meet the requirements of Grad& "B" Pasteurized Milk, and the average bacterial count of which at no time prior to delivery exceeds 50,000 per cubic centimeter. Grade "C" Pasteurized Milk shall be sold for cooking and manufacturing purposes only and every container thereof shall . be marked with the words, "For Cooking and Manufacturing Pur- poses Only". Section 8. GRAdES OF tiAW-HILk WHICH I:UST BE PASTEURIZED At the expiration of twelve months from the date on which this Ordinance takes effect, and thereafter all grades of milk sold in the City of Beaumont, excepting Grade "A" Raw Milk, shall be pasteurized before delivery to the consumer. -- Section 9. SUPPLEMEN` kRY 2EG nALING At any time between regular announcements of milk grades any producer or distributor may make application for regrading his pro- auct-. In case the applicants low grade is owing to excessive bacterial count, . said application must be supported by at least two bacteriol- ogical examinations made subsequent to the end of the previous grading period and indicating that the quality of the applicants output has improved since the last grading announcement ant conforms with the requirements of a higher grade. The samples upon which the said two analyses are made may be brought to the Health Department Laboratory by the applicant. Upon receipt of a satisfactory application, the Health Officer shall make at least tour bacteriological analyses upon samples col- lected by the Health Officer of the applicant's output within a period of not less than two weeks and not more than three weeks of the date of the application. The Health Officer shall award the higher grade immediately in case the slid four analyses indicate the necessary quality. In case the applicants existing low grade is owing to a viola- tion of an item of sanitation other than bacterial count, said app li c a - Not must be accompanied by a statement signed by the applicant to the effect that the violate& item of sanitation has been conformed with. Within one week after the receipt of such an application', is Health Officer shall make a re --inspection of the applicant's establishment and, in case the findings justify, shall award a,re- grade. At any time between regular announcements of milk grades the Health Officer may lower the grade of any milk producer or Qstri- but;or if as the result of inspections or milk analyses a lower grade Section 10. TRANSFERRING OR DIPPING MILK No milk producer'or distributor shall transfer milk from one container to another upon the street or in any vehicle,, restaurant, store or in any place except 'a bottling or milk room especially used for that purpose except as W be especially permitted by the Health Officer in the case of milk4daivered in bulk.. The sale of dip milk is hereby expressly prohibited. It shall be unlawful for hotels, soda fountainss restaurants and similar establishments to sell or serve any whole milk or ad justecd milk except in the original container in which it. was received from the producer or distributor. Section 11. MILK NOT TO BE PASTEURIZED OUTSIDE OF JEFFERSON COUNTY No milk or cream shell be sold in the City of Beaumont that has been pasteurized outside the County of Jefferson, State of Texas, except as may be authorized by the City -Health Officer. Section 12. SPITTING No person shall spit except into a purpose in any part of any room, vehicle sale, storage- handling or transportation Section 13. VEHICLES receptacle provided for the or other place used for the of milk. All vehicles use& for the delivery of milk in the City of Beau- mont shall be so constructed as to protect the milk from the sun and from contamination. Such vehicles shall be kept clean while used in transporting milk or milk products. No substance capable of contaminating milk or milk products shall be transported with milk or milk products. Section 14. DENATURING MISBRANDED PRODUCTS The Health Officer shall immediately denature with rennet or some harmless coloring matter any milk or milk product found mis- branded. with respect to grading or sold without a permit. Section 15. RE -PASTEURIZATION PROHIBITED No milk or milk products shall be pasteurized,more than once. Section 16. FUTURE DAIRIES AND. MILK PLANTS f 1, Section 17. PROSCRIBED HILI Milk which does not conform with any one of the grades des- cribed in this Ordinance shall not be sold in the City of Beaumont. Section 18. PENALTY Any person, firm, association or corporation who shall violate any of the terms of this Ordinance shall, upon conviction thereof, be punished by a fine of not less than twenty five ($25.00) dollars nor more than two hunlred. ($200.00) Dollars. Section `19. REPEAL AND DATE OF EFFECT All ordinances and parts of ordinances in conflict with this Ordinance are hereby repealed; and this Ordinance shall be in full force and effect immediately upon its adoption, and its publication, as provided by law. Section 20. UNCONSTITUTIONALITY CLAUSE Should any section, paragraph, sentence, clause, or phrase of this Ordinance be declared unconstitutional or invalid for any reason_ the remainder of said Ordinance shall not be affected thereby. Eaeh and, every violation of provision of this Ordinance shall constitute a separate offense. 1925. Passed this the a ® day of , A•D. i VIAYOR 4-4 LEGAL NUFL LD. A ,-N ORDINAWCE. I ntitlCd an Ordinance DeSining . x 1IT.LK" and Certain Di111. Yrod-' Gael i,31ilk Producer"" d6Pa®tttrlwe- tiola"; els., Prohibiting the 5ta10� of Adulterated anal liiabraued'i"' Milk and 11Y.ilk ProduOtti, ILEala= Ing Pcrmltas for the Sale Re>Calati and MIX Frudnctd- . �liC 17R5a3eCtiall of Dairy Farms U and Milk Plants, the TCstinl„ t' Grading, Labeling„ Placardin6, Pasteurization, fteFradiug, Dis- C tribution.' Sale and Denaturing of Milk .and Milk Products, ,,Pro- viding for tine 'Publishing of Milk 1 Grades, the t%oustrugtlon of Fu tare Dairies and 11i11f' Plaa4ts, ,the € Un£orcenreut cl- 'rhiv Ordinance x and tlae lc sing of Penalties, surd i Repealing tsli Other OrdivarncWi in Conflict Hercvti#h. BE ST ORDAINED i3 -Y' THE CITY COMMISSION' OF THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS, AS FOLLOWS: STATE &�, SECTION 1. DEFINITIONS. The following definitions shall apply in the in and the encu- cement of this ordinance. MILK. , (A), Bilk' is IaereUY defined `to be rlie whole,, fresh, clean, lacteal secretion obtained by the complete mil';ing of. one or more healthy cows, - Pr Perly fed and kept, ex- cludin,• that obtained within fifteen days calving' ore And nine ter or such longer periodays "-as I may be necessary to render the i milk Practically colostrum'..•free; which contains not less than eight and one-half per cent (S 1-2%) of i solids not fat and -not less than o three' and one-fourth per cent of milk,fat: t MILIi FAT OR BUTTER FAT. (B),• Milk fat or. as the fat of milk and 1> 1eReicl Reichert - s Meisselnumber of not less than tw lits - four (24) and a specific i gravity of not less than 0.905. (40oC-40oC). CREAM (C), Cream, sweet cream, is that a portion of. mills, rich in mill fat: x whiz,, rises, to the surface of milk on, standing or is, separated from it by centrifugal force, is fresh and clean, and which contains not less than eighteen per,cent (19%) of Milk fat; provided that cream hav- ilIless than 18 er cent milk fal shall be 1 no wn isxSUB-ST.,NDARL CREAM. Cre.anx having ,less than tlxirty P er cent (30'%0) iiiilk fat shall be IT as LIGHT CREAM. Cream having ,, more than thirt; per cent (30%) and less.'thaxi fort? Per cent' (40%� milk fat shall, b, known as HEAVY. CREAM, ani cream having more than forty pe cent (40%a) milk fat shall be knows as EXTRA HEAVY CREAM - WHIPPING CREAM AND MANU FACTURING CREAM are cream intended far whipping and manu factoring -Purposes, and the grade i of same,shall not be based on bac aerial count. SKIMMED MILK. (1�), , Skimmed milk is mil which 'substantially all tli r from 1 mills fat has been removed. f ADJUSTED MILK,. e (E). Adjusted milk is milk i which the: percentage owe m lk f; SAL. r ..NICE. LEGAL NOTICE. LEGAL,riO ICM ES �•..r nontihs thereafter by ares- Proof containers and shall i liar, sie that said Person a not a car- 11 rrple' .,c Veterinarian mersed "in' an apProred.. disinfect'- tier of typhoid Peyer and that said ieferial count "of u» ognized, accredite$, iken during the grading period, paUle of Ueing'spread through milk four sax'ii,Ixles ;al5proved by the Live ' 'Stocti; ant solai'tion immediately ' before � person is free of any disease c ^ [eluding at least 1 Sanitary Gonxxnission.._ of t,he' use, supplies. iken upon separate days. State of l'esas ' 'arid accred P I3eallth .oCCertifica.tes- N01'11CATION OF llISE�1SE. he (25) Every' Person whose 1voT)i (23) Notice wll be sent, to the IIADING PERIOD. ite'd by tlip U. 'S• , Bureau ,Alli- o licr a regular von health officer tivthin' 24, hours• by Tho grading period shall mal Industry and alxproved by t (W) T g ealth l Officer. A certifiaa,te signed brings cin r as the fir Health , roduction, 7iandling'. any. � milk producer or distributor e such Period of time high l _ Veterinariaxx,'and filed with tact with 'the.lx n ar"'tio ally con- desx 'nate within w by tl e valid .torage or transportation bf lil t', `of �sicknessCor 'al' y farm any case officer may g the ,Health. Officer', shall ,be rides shall Ue determined for ail of the above -test. Every Products ',Beal iliofficer certif ng tagi.cius, or couiniunicahie disease iilk and cream supplies, provide evidence froii7 thr. • iiealti period, shall in no diseased animal 'shall ,, be °removed to the fact that w,itliin twelve°e EAIVLINESS. hat Llie grading peel ase exceed six (t )'months. from the, her at once and •no milk months laboratory and other es- CL(y'4) Atl persons comiitg in e SINkc CT six from „diseased cows shall be offered lithe have been- made find - r• run - )I for sale. All reacting animals, Sbadl eating that said Person is free tact t+'ith milk or mill: products, (a) A disinfectant is any gernti- from tuberculosis, that, said Per- containers or equipment sb, wear tidal substance approved by the be isolated -at once and immediat All son is not l carrier of tYpaoitl clean outer earments and shall 3ealth Officer. ly eluded from the premises. u All MILD. animals- failing. to Pass tuber fever, and ,that said person,is free' keep their hands clean at all trines QIP of ar. diseaso • capable of being; 'while thus engaged• (y) pip milk is any milk fixed Lettere `l'. Slog l" . B "a 611the$ read through' nxill: supplies. c;RADE "B" 1'xSTEUhIZED MILK. led, poured br in any Way'reinpy pasteurized milk is cket or other con- dei•; hip or jaw'a.nd removed •at, once p Notifieatioii of Diseases— 1 (grade B" P , ,.C" raw milk .coin any calx, bu ulle milk, and slaughtered under. direction (26) Notice', shall be sent to'tbei,� Grade At' B` :diner used in handliut bulk of the Health Officer. 'Each lettter health .officer„vvitlain twenty-�o�'. which la's' been pasteurizeYl,cb'ol al and intended for human in•the;,bralid shajl be ,not lessA a- hours by a)iy mill. producer of {{and bottled in a milk plant co ,•' tion- two inches ,hidli•,wid -one •and one. distributor upon whose dairy farm forming with all the items of sani CONTAkiI1�ATEb. ,Contaminated” Ball inches .wide..• Herds showing any> case of s kbess or , ally in- cation •required for Grade "A" pas (Z) The term "Contain u ` not teurized milk excepting (2),. (4) or be deemed .to apply ' • to all reactors- 'with ; any test shall •be re- fectious,' contagious," or. communi (24), and life average bacterial shall caUle disease occurs:. millet mill.: produelts ormilk from before thelapseoffsixty sdays: GRADE B RAV IN`I l,:. count of which at no time after tamers not secui Y P DAZRY BARNS. Grade. idw• raw milk, is mill: tnc pasteurization and prior to deliv- flies, dust, dirt and as far as may Lighting— necessary from all foreign or in- All dairy Uarns shall leave average bacterial count of whim cry e:acced5 100,000.is substances- (2) feet of window. at . no time • prior' to delivery el- GRADE (" PASTEURIZED MILD, jured sn ION 2 rade pastel,1712 at least three square ceeds 200,000• per cubic centimeter• steuiized milk -,vhicha does il;n°t SECT and: which •is •produced •upon dairy P� ' THE SALT OF ADULTERA ILK s�Air Space ash animal uirll for B Pasteurized milk, and 'the av- EMILK ORM All, dairy barns shall have farms conforming• with all tile. meet the requirements of Grade OR MISBRANDEDPROHIBITED. (3) items of sanitation req ; erage bacterial count. of which at )?RODUCTS association or "at least five hundr cow 'cubic grade "A" raw milk•exc'ept (2), ("3, Nu person, firm, Cit of feet of air ,space pe (4) (5),. (6), provided that clean, no time prior to delivery exceeds c)r"xor.%tion shall within the use, Floors= lines shall in xio• case be, omitted, 50,000 pee ized centimeter, Grade 1 Beaumont, state of Texas, Produce, (4) , I'loors and gutters of,all Iteiii (23) shall apply except ilia,) for Pasteurized Milk stall be sold sell. offer or expose for sal to dairy barns shall be constructed the cooling temperature sliall' b,f for cooking 'aIII ixd manufacturing ir, Possession .with intent oncrete or other impervious and changed . to , sixty (Oo) degrees :thereof shall be marked with container have products c sell, any milk or lull; P cleaned .material approved be Fahrenheit. Item b ing shall AD- avoids, "For Cooking and Maniitac- ,ivlxich is adulterated or misbrand- thetlHealth. Officer and shall be ply except that•boiling water may turing Purposes Only:" ed. graded to dr.aiii proper y, and shall be substituted for steam. SECTION' S. SECTION 3, be kept clean and. in good repair. GR9DE " C'' RA�v MILK. GRADES' OF RAW MILD ,�'I3ICEC PER. LITS- unlawful for. any . Wails' and Ceilings '.,,Grade ;`C faw�'mxik is •milk the M[JST BE ASTh;7JRIZi D: It shall be 5 'Tile walls' ;and • ceilings of At 'tile pin,tion of twelve average'.,,bacterial count v y e.-,- xerson, firm, association or eiv� all dairy barns'shall, be �vliitewash- at no time •prior to delivery ?r [nonths f om the date on which this I n to bring into or rec aimed olxceJQIIzes effect, and .there- poratio t for ed once ;each Year or ,P seeds 1106'0, 000 Pei cubip cent ii u dinanc id cit of Beaumont, two. ears or, finish in a' , which .is'•Pio u.ce upoi cl i)rY c t.F .IY gr,a[des'0' .in sold i Ur2ilo into the ?' or offer. for sale every Y o sell .a) roved by,the Health -Or- and ni•co'forniifrg-wlith'all th iL e2ii eity oY BORunxont, i-bepiasteurizcd Sale, or t favi or' to have oil hand any [frac Ix andlshall'be kept clean and'in °i' sanitation' required or l;r ) .•A• raiv milk,, shat ] therein before delivery to the consumer. milk or Mille - product, hill g-ood.repa:ir. No hay or other feed 'raw mills ' except' (1), (i E eva orated mills, co r- stuffs sl'all be stored' above ,.the ,(3), (4) (�),. •(fi), ' (7)a (de ( SECTION 9 P powder (13) (24), all (25')', Provided that SUI'PLEIiEN'1'A.R1 RE GRAD condensed skimmed owdered skim= barn.. ed whole. milk, and P Cow Xard At any time Ueticeen regular au- ri.ilk,• who does not Possess an All cow yards ^ shall be cleanliness shall ux no case be med nounceinenr is milli grades ane med it ked Pei.4nit from the Health ria (6) /aixd Ara' ed,as well as •prac- emitted. "D" RAW MILK,. app icationiforisreg acting htributor is Prod- gr Grade "D" 'raw milk is milk Officexy of the' city of Beaumont and Manure Disposal, which does not meet the require- uct. on whose vehicle or in whose Alae a ticable, and kept clean. ade' "A' , 13„ In case tile. applicant's low grade or of business them doe o a°t lizard (7) All manure shall - be re- ments of either gr is owing in a cousPicuou� Place P, _ moved 'and stored - or disposed eI ',.C" ra- milk. End hick does, not 'count, said l�Plicationxmusbaet suit showing the Permit number in fig such a • Tnanner as ' best to prey bacterial 'count o ures at least three inches high and the, breeding of flies therein, exceed, 5,000, 000. ported by at least two Uacteriolog- I one inch wide. MILK HOUSE OIL ROOM: (,''RADE. "A" PASTEURIZED feat examinations made subsequent Such a permit may be revolted Construction MILK. to the end of the Previous grading Grade "A" p - period and indicating that the qual- 01 the (8) There' shall be ,provided, a asteurized milk• is. by the Health Officer upon the vio- grade =" raw applicant's output has inx- lation by the '],older of any separate milk house or milk .room and, grade B" its of the app terms, of this or any other Health for the ` handling', and , storage of milk which has been pasteurized, proved since the last g' s with nee of the city of Beaumont cooled and bottled in a mi`Ik plant nouncement and conforms with the that the holder of said milk-, provided with 'a tight floor, conforming with all the follow- requirements of a higher gra do. provid'L<d r comPlYin_'-with constructed• Of cement or other embe - s t shall, After pervious material and graded;- to Ing ittl - °f sanitation so znt ofna hich two, analyses u ar a made tmamhe I sent Perm such revocation have the right °f provide proper drainage. The walls average, bacterial brought to the health depart appeal to the City Commission. and ceiling • oY` the mills house or, at no ` fime , after. pasteurization the applicant. SECTION 4. room- shall ,be of such construction and until; delivery exceeds 50,000. laboratory 'bx { LABELING AND as as to permit easy cleaning and shall $UILDINGS AND E@CIIl'iVIENT apps cations the health officersatisfactory sl a 1 e All bottles, cans,. packages be painted at least ,once each, Yo'ar I'loocs— enclosing milk or any finished in a manner approved (Y)',The floors of ,all rooms in make at least four bacteriological containersfined }ll this Ord!- 'or 1 h Offices The milk l handled shall be analyses upon samples collected by milk product de by the,,Heat which milk drain- the health Off}cer._QL.,the..- I)L.o. n nance shall lie Plainly labeled °T House or room shall be..well lighted smooth, impervious properly, a„ �.... t ri.ed wi{ht (1) lho name of iii r - ado tion incl its publication, as Pi'o, iiia and all openings effectively-sgr .G - - la ] C71O^7 30. n rx P ontents as given in the^fdefi- aCel'Y atter -nufhing �o i, u.b , Ii ted. r p ronsuxi;ed .in the �.,, rt. maintained TI14E OF DLL1V 1✓R'e. hid by !^ _ ..,......, n i[TV I e �e �Ss 'lis 1Df IIs �,n ie r- ic (o1 r '1 e �e 1 i �t- �t= 1s- 4v- e 14e milk, BUTTER MILK. (F). Butter milk is the product which remains when mills fat is removed from mills or cream, sweet or sour, in the process of churn-, ing. It contains not less than eight and five -tenths per cent (8.5%) of milk solids not fat. CULTURED BUTTER. MILK. (G) Cultured butter milk is the product resulting from' the souring or treatment' by a lactic acid cul- ture of mii'.: or milli products. EVAPORATED MILK (Unsweet- M.-d). Evaporated ' milk (un- sweetened) is mills from ~which, a considerable portion of water has beep evaporated and which con- tains not less than twenty-five and five-tenthsper cent (25.5%) of milk solids and not less than seven and eight -tenths per cent (7.8%) milk fat. + CONDEVSED MILK (Sweetened). (I) Condensed milk (sweetened) is milk from which a considerable portion of water has'been evaporat- ed to which sugar has been -added and which contains not less than twenty-eight per 'cent (281/0) of. milk solids and not less than eight per cent (81/o) milk fat. CONDENSED SKIMMED MILK. (J) Condensed skimmed milk is skimmed milk from which a consid- erable portion of water has been evaporated and which contains not less than twenty per cent (20%) of milk solids. POWDERED (DRIED) WHOLE MILK. (K) Powdered whole milk is mills from -which substantially all of the water has been removed, and which contains not less than twenty six per cent (26%) of milk fat, and not more than five per cent (5%) per cent of moisture. POWDERED (DRIED) SKIMMED MILK. (L) ,Powdered skimmed milk is skimmed inillc from which sub- stantially all the -water has been removed, and 'which contains not more than five per cent (5°Jo) of moisture. RE00i41BINED MILK. (M) Re -combined milk is a sub- stance produced -byre-combining powdered whole milk, powdgred skimmed milk, condensed or evapo- rated -whole milk, or skimmed milk and milk fat, with water and shall conform in•milk fat-percentage•aitd bacterial- counts to the provisions of this ordinance relating to inillc MILK PRODUCTS. (N) Milk products shall be taken to mean and include cream skimmed milk, adjusted milk, but- ter milk, " cultured butter milk ev tporated milk (unsweetened) condensed milk (sweetened) con, densed skimmed milk, powdered '7hole milk, powdered' skimmed milk, an recombined milk. PASTEURIZATION, (0) .The terms "pasteurization," "pasteurize," "pasteurized" and similar terms shall be taken to. re-' Per to the .process of heating milk or milk products to a temperature of not less than one hundred and forty-two degrees (142%) Fahren- heit, and holding at such tempera- tures for not less than thirty (30) minutes; in pasteurization appa- ratus approved by the Health Offi- cer, the temperature and time being automatically recorded by a tem. - peratureland time recording device approved by the Health Officer. A T TTT TLT 1J A TL.T\ ATTT T A TT TI T,TTT:, grade of the contents if said con- tents are graded under the defini- tions tions of this ordinance, ( 3 ) The word 'pasteurized" if the contents have been pasteurized. (4) The word "raw" if the contents are r tw. (5) -The percentage of mills if the .package or other container encloses adi,isted milk. Evcry'grocery store, restaurant C.12e, soda fountain or similar es- tablishment sellingor serving milk shall display in a space designated by the Haalt!i Officer, a card fur- bished by the Health Officer stat- ing the grade of the milk at the time when delivered and whether. same is raw or pasteurized. Every v:lticle used in the delivery of mill: or milk products in the city of: Beaumont shall be plainly marked in, Tetters not less than one -inch -vide and three inches high, with the name and permit number of the retail.;r and the grade of milk sold SECTION 5. INSPECTION OF DAIRY FARMS AND MILK . PLANTS FOR THE PURPOSE OF GRADING OR RE- GRADING. At least once during each grading period the Health Officer shall in- spect every dairy farm producing mills or cream for consumption within the city of Beaumont, and all mill: plants whose milk or cream is intended for consumption within the city of Beaumont. In case the Health 'Officer discovers the viola- tion of -any items of sanitation, lie 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 three days, and the sec- ond inspection shall be used to de- termine the grade of milk or cream One copy of the inspection report shall be posted by the Health Offi- cer in a conseicuous place upon an inside wall of one of the dairy farm of mills plant buildings, 4nd said inspection report shall not be re- moved by any person except the health Officer. Another copy of the inspection report shall' be filed with the records of the Health De- partment. In addition, a written notice shall be mailed to or left with the owner or manager in case of violation. SECTION 6. THE TESTING OF MILK AND MILIC PRODUCTS. During each grading period at least four samples of milk or cream shall be tested liy the Health. Offi- cer. Samples of milk and cream from stores, cafes, soda fountains restaurants and other places where inilk products are sold shall be tested as often as the Health Offi- cer may require. Said tests shall include the determination of the bacterial count made in conform- ity with the standard methods re- commended by the American Public Health Association, and may in- clude such other chemical and phy- sical determinations , as the Health Officer may deem necessary for the detection of adulteration. Notices of bacterial counts shall be given to the producer or distributor concerned as soon as .made, or to any interested- person on request Samnles may be taken by the Health Officer at any time prior to the final delivery of mills or milk products. All stores, cafes, res- taurants, soda fountains and other, similar places shall furnish the Health Officer, upon his request, the name of the milk distributor from ana shall --be used for no -other pur- pose than, the handling, and storage of milk or milk products and other operations incident thereto. The cleaning and other operations shall be 'so located and conducted, in a separateroom, as to prevent any contamination one to the other. The milk room shall not open directly into the barn or inio,any room used for sleeping or domestic purposes The milk 'room shall be of suffi- cient size as to exclude crowded conditions. Cleanliness -- (9) The floors, walls, ceilings and equipment,of the milk house•or room "shall be kept' clean -at all times, All necessary means shall be used for the elimination of flies. TOILET. (10), Every da :y farm shall be Provided with a sanitary toilet con- structed and operated in accordance with the Ordinance of the City of i.%muln Ont. No outside sailitary privy shall be located or sewerage effluent be dis- charged within one hundred (100) feet of any dairy barn, mills house,. or source of -water supply, ~NATER- SUPPLY. (11) The water supply shall be easily accessible, adequate and of a safe• sanitary quality. UTENSILS. Construction— (12) All containers or utensils used in the nandling or storage of milk or milk products must be of such constr!letion as •to. be easily cleaned and must be in good repair Joints and seams sliall-be soldered flush. All mills pails shall be of a narro,v mouth design approved by the Health Officers, ,Cleaning— (18) All containers and- other utensils used in the handling and storing or transportation, of .milk and milk products must be thor- oighly cleaned . by rinsing with clean water after each usage scrubbed in an, alkaline solution, and rinsed with clean water. Sterilization— (14) All containers I and - other utensils used in the handling, stor- ing, or transportation of milk and milk products shall between each usage, and after being thoroughly washed and rinsed, be sterilized with steam as a final operation. Storage— (15) All containers and other utensils used in the handling, stor-' Ing or transportation of, milk or milk products shall be stored so a: not to become contaminated until again used. Handling— (16) After sterilization no con- tainer or other milk or milk product utensil shall be handled . in such manner as to permit any-, part of the 1person or clothing -to come in contact with any surface • with which milk or milk , products come in contact. MILKING=. Udders and Teats— (17) The, udder and teats of all milking cows shall be clean, and sponged, • with water containing chloride of lime or any oth'er.'ap- proved-disinfectant, and dried with a disinfected cloth immediately be- fore milking. .They first,, stream, of milk from each teat shall. be -,milked into a container and • properly thrown away. '. Flanks (10 -The flanks .of all milking ul-Vailsr and Ceilings— (2) Walls and ceilings of rooms in which inillc is handled or stored shall be frequently painted wish a light colored paint or finished in a manner approved by the health officer, and kept clean. Doors and Windows— (3) All openings into the outer air shell be effectively screened to prevent the access, of flies. Doors shall be self -closing. - Lighting and Ventilation. (4) All rooms shall be well lighted and ventilated. Protection .from Contamination, and .flies— (5)' The various milk plant op- erations shall be so located and conducted as -to prevent any con- tamination one to the other. All necessary means, shall be used for -the elimination -of flies. Toilet Facilities— (6) Every 'milk plant sltall b'e provided with toilet facilities con- forming with the ordinance of the city of Beaumont. There shall be at .least one room or vestibule not u the -u • s s between sed formilk mp 1po e toilet room and any roost in which milk or milk products are handled. The doors of all toilet rooms shall be self closing. Toilet rooms shall be kept in a clean condition, in good repair, and well ventilated. Water Supply— (7) The water supply shall be easily accessible, adequate, and of a safe, sanitary quality. Nash Room— (8) A wash room sliall be pro- vided and equipped with hot run- ning water, soap and sanitary tow- els of a type approved by the health officer. The use of a common towel is prohibited. Milk Piping— (9) Only "sanitary milk piping" of a type which can be easily clean- ed w-th a brush -shall be used. Construction, of Equipment— (10) All equipment with which milk comes in contact shall be con- structed in such a manner as to be easily cleaned and shall be kept clean. Disposal of Wastes— (11) All wastes shall be dis- posed of in conformity with the re- q.uireinents of the licalth officer. METHODS. Cleaning and Sterlizing of Con- tainers and Apparatus— (12)-All mills containers and mills apparatus shall be thoroughly cleaned after each usage by rinsing with clean water, then scrubbing in an alkaline solution, then rinsing with clean water and finally steri- lized in a manner approved by the health officer. STORAGE OF CONTAINERS. (13) After sterilization _all bot- tles, cans, and other containers shall be stored in an invented po- sition in a clean place protected from contamination. ITANDLING OF CONTAINERS AND ' APPARATUS. (14) Between sterilization and usage all containers and apparatus shall be handled in such manner as to Prevent any part of the per- son or , clothing from coming in contact with any surface with which milk or milk products conte in contact. STORAGE' OF CAPS. (15) Milk bottle caps shall be purchased and stored only in san- itary tubes and shall be kept there- in until used. PASTEURIZATION. ,(16) Pasteurization shall be per- formed as described in the defint than three weeks of the date of the application. The health officer shall award the higher grade int - mediately 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 bacteriological count, said appli- cation must be accompanied by a statement, signed by the applicant to the effect that the violated iteral oP sanitation has been conformed with. Within one week after the receipt of such an application the health officer shall malte a rein- spection of the applicant's estab- lishment and, ,in case the finding's justify, shall award a re -grade. At any time between; the regular announcements of milk grades the health officer may lower the grade of any milk producer or distribu- tor if as tate result of inspections or mill: analyses a lower, grade pltall be justified in accordance with the terms of this ordinance. SECTION 10, TRANSFERRING, OA DIPPING' MILK. No , milk producer or distributor shall transfer 'milk from one con- tainer to another' upon the ,street or in any vehicle, restaurant, store or in any place except a bottling or milk roots especially used for that purpose except as may be especial- ly permitted by the health officer In the 'case of milk delivered in bulk. The sale • of dip milk is hereby expressly prohibited. It shall be unlawful for hotels, soda` fountains, restaurants and similar establishments to. sell or serve any whole milk or adjusted inillc except in' -the original contain- er in which it was received from the producer or distributor. SECTION 11. 'MILK NOT TO BE PASTEURIZED OUTSIDE OF JEFFERSON COUNTY. No milk or cream shall be sold in the city of Beaumont that has been pasteurized outside the county of Jefferson, State of Texas, except as may be authorized by, the city - health officer. SECTION 12. SPITTING. No person shalI spit except into I receptacle provided for the pur- pose in any part of any room, vehi- cle or other place used for the sale, storage, handling`or transportation i f milk. SECTION 13. VEHICLES All vehicles used for delivery of milk in' the city of Beaumont shall be so constructed as to protect the milk from the sun and from con- tamination. Such vehicles shall be. kept clean while used in transport- ing milk or milk products. No substance capable of contaminating' milk or milk products shall be transported with milk -or milk prod- ucts. SECTIQN,0A. DENATURING MISBRANDED PRODUCTS. The health officer shall imme- diate:p denature with rennet or some harmless coloring matter any milk or milk product found "mis- branded with respect to grading or sold without,a permit. SECTION 15.. RE -PASTEURIZING PROHIBITED. No • milk or milk products shall be pasteurized more than once. SECTION 16. FUTURE DAIRIES AND MIRK, PLANTS. nor- than five per cent (5%) of Iti Hoisture. RECOMBINED MILK. i (NI) Re -combined milk is a sub- 1 I produced �bY re -combining lowdered whole milk, poK dried skimmed mills, condensed or evapo- -ated whole milk, or skimmed milk ipd milk fat, with water and shall •onform in,milk fat -percerntage ,and bacterial- counts to the provisions of this ordinance relating to milk MILK PRODUCTS. (N) Milk products shall be taken 'to mean and include cream skimmed milk, adjusted milk, but- ter milk, ` cultured butter milk evlporated milk (unsweetened) condensed milk (sweetened) con,- densed shimmed milk, powdered Whole milk, powdered' skimmed milk, an recombined milk. PASTEURIZATION, (0) The terms "pasteurization," "pasteurize," "pasteurized" and similar terms shall be taken to. re-� fer to eating milk or milk theprocess sto fahtemperature of not less than one hundred and forty-two degrees (142%) Fahren- heit„ and holding at such tempera- tures for not less than thirty (30) minutes; in 'pasteurization appa- ratus approved by the Health Offi- cer, the temperature and time being automaticaliv recorded by a tem- perature and time recording device approved' by ,the Health Officer. ADULTERATED MILK AND MILK PRODUCTS. (P) • Adulterated milk and milk products are mills and milli product- defined in this ordinance which do not conform with the definition contained in the ordinance. MILK PRODUCER. (Q) A mills producer is any person, firm, or corporatiop who owns or controls one or more cows a, part or all of the' milk from Which is for sale or sold or deliver- ed to another person, firm or cor- poration. MILK DISTRIBUTOR. (R) A mill[ distributor is any person. firm or corporation which has in' Possession, offers for sale: sells or delivers to another, any mills or itilk products for consume. tion or manufacturing purposes. DAIRY OR DAIRY FARM. (S� A dairy or dairy farm/ is any place or premises where one or more cows are kept, a part or all of. the mill: or milk Products from which is, sold or delivered to any person, firm or corporation. MILT/ PLANT. (T) A milk Plant is any Place or premises or establishment where mill: or milk products ate collected R handled, processhd, stored, bottled pasteurized, or Prepared for dis- tribution. HEALTH OFFICER. (U) The Health Officer shall be taken to mean the. -Health' Officer of the City of Beaumont, Texas, ill i re r -s ell . n l .ed person or lits aulho P Uall VEIRAGE BACTERIAL COUNT (V) Average bacterial count be taken to mean the average Vit" the recuru, ••-� --- writ ' n a. written -tic ad di Hent. In p a rtn to r left i notice -shall be mailed o vith the owner or manager in case of violation. U SECTION 6. THE TESTING of MILK AND s -II, K PRODUCTS. During each grading period at I four samples of milk or cream S be tested by the Health Offi- I ter. Samples of milk and cream 1 rom stores, cafes, soda fountains I restaurants and other places where inilk products are sold shall be tested as often'as the Health Offi- cer may require. Said tests shall include the determination of the bacterial count made in conform- ity with the standard methods re- commended by the American Public Health Association, and, may in- clude such other chemical and phy- sical determinations - as the Health Officer may deem necessary for the detection of adulteration. Notices of bacterial counts shall be given to the producer or distributor concerned as soon as made, or to any Interested- person on request Sammie may be taken by the IL,alth Officer at any time prior to the final `delivery' of milli or milk products. All stores, cafes, res- taurants, soda fountains and other, similar places shall furnish the Health Officer, upon his request, the name of the milk distributor from whom their milk is obtained. Should the market value of any samthe itypof Beaumont shle exceed all Pay cthe 9dis- tributor therefor. SECTION 7. THE GRADING Ola' MILK ANr CREAM. At least once every month , the Health Officer shall announce ' through a bulletin, published by the city of Beaumont, the grades of all milk and cream supplies delivered by all producers or distributors and ultimately consumed within the City of Beaumont. Said grade shall be based upon the following stand- ards; the grading of cream being identical with the grading of milk except that the permissible bacter- ial limits shall be multiplied five fold in each case. CI,RTIPIED MILK. Certified rhilk is milk which con- forms with tine requirements of the American Association of illedieal iltilk Conimissic,ns and produced Un di r the supervision of tine' Medical I, 0k Commission- of tine -Medical Society of. Jefferson County, 'Texas. CIRADL `A" RAV MILK Grado ".�" raw hill: is milk whose average bacterial count as determinod under Section 6 of this Ordinance does not exceed 50,000 per cubic centimeter, and which i.' produced upon dairy farms con- forniing with all of the following items of janitation: C:),VS: TTJBEICULOSdS A OTiII I't D15LASES. (1) \ t'shYslcal examirsatioln the tuberculin test of all cows shall be. made before any milk therefrom is sold and at feast once every utensils used in. the handling, stor- milk and transportation oP In 1, ng, or "ilk products shall between each U and after being thoroughly IN ed and rinsed, be sterilized with team as a final operation. Storage— (15) All containers and other utensils used in the handling, star= ng or transportation of milk or nilk Products shall be stored' so as - lot to become contaminated until again used. Handling— (16) After sterilization no con- tainer or other milk or milk product utensil shall be handled in such manner as to permit any. part of the person or clothing -to come in contact with any surface • with which milk or milk products come in contact. -IILKINQ. " Udders and Teats— (17) The -udder and teats of all milking cows shall be cleans and sponged' ,,With water', containing chloride of. lime or. any other 'ap- proved disinfectant, and dried with a disinfected cloth immediately be- fore milking. The, first; stream. of milk from each teat shall. be - milked into a container and' ' properly thrown away. Flanks—, (18) -The flanks .of all milking cows shall be kept free of visible dirt at the time of milking. Milker's Hands— (19) Milker's hands' shall ' be clean and rinsed with water con- taining chloride of lime or any other approved disinfectant and dried with a clean towel immediate= ly before milking. Should the milk- ing 'operation be interrupted the Milker's hands must be redisinfect-' ed. •Wet hand milking' is strictly prohibited: Clean Clothing -- (20) Milkers shall wear clean outer garments during milking. Milk Stools— (21),Milk stools shall be kept clean. Remcval of -Milk— (22) Each nail of mills shall be removed immediately to the milk house. No mill: shall. be strained in the dairy barn. COOLING. ' (23) Milk "lust be cooled inimedi ately after milking ^0 50 degrees E'ahrenheit or fess and maintained at or below that temperature until delivery unleGs it is delivered to a milk plant for pasteurization a' separation, in which case it must be cooled or pasteurized within two hours of time of.production, BOTTLING AND CAPPING. (24) Gapping shall Preferably be done by machine. In case Cap - Ping is done by hand the hands shall be disinfected in a manner approved by tine ,health officer, before tine process of capping is begun and after each interrul­ tion. Caps not purchased in Saul Hers and kept therein. tarn 'scutal n dus t- b kept t in �-until usedshall • p ill) Ail wastes shall be dis- posed of in conformity with the re- quirements of the health officer. 1 T S. DI L Ie OD Con -I Cleaning and Sterlizing of tainers and Apparatus— (12) • All milk containers and milk apparatus shall be thoroughly cleaned after each usage by rinsing with clean water, then scrubbing in an alkaline solution, then rinsing with clean water and finally Steri- lized in a manner approved by the health officer. STORAGE OF CONTAINERS. (lb) After. steriliza¢lon -all pot- ties. cans, and other container.: shall be stored'in an inverted Pc'- sition in a clean place protected from contaunlil tion. HANDLING OF l OVTAINERS AND APPARATUS. (14) Between sterilization and usage all containers and apparatus shall be handled in such manner as to prevent any part of the per- son or clothing. from coining in contact with any surface with which milk or milk products come in contact. STORAGE OF CAPS. (15) -7ilk bottle caps shall be purchased and stored only in san- itary tubes and shall be kept there - PA TAll used. T EURIZ ATIOIII- (16) Pasteurization shall be Per- formed as 'described in the defini- tion section of, this ordinance. The time and °temperature record charts shall be Preserved for a period of three months for the information of the health officer. COOLING. (17) All milk not Pasteurized upon 'receipt shall be immediately cooled to a temperature ,'if 60 de- grees Fahrenheit or less and main- tained thereat until delivery. BOTTLING., (18) Bottling shall be done in such,manner as to prevent any part of the person or. clothing from comugg in 'contact with any sur- face %vitli which milk or milk prod- ucts come in contact. OVPP.-FLOW MILK. (19) Over -flow Bulk which bas become machine contuminatea. shall not be sold for hiiHar. consump- tion. CAPPING. (20) Capping shall be done by machinery approved by the health officer. Band caPPIlig is pro- hibited. . TME: OF DELIVERY. (21) Mfl-k to be consumed in tine form of whole mill, shall be dc - livered, to the final,con'umer nvith- in 36 ,hours of the time of pasteu- rization. PE RSONNEL. 'Health Certificate - (22) Every person whose work brings him or her in contact with the production, handling, storage or transportation of milk or milk orodu,•ts shall hold a certiriczte fr!nn the health off "E'r cPrlrt'crin., to the fact that within 1 n"I"IU.s laboratory and other -examinations have been made indicating' that said, person is free 'of tuberculo- SP ITTING. y IVo Person s fall spit except into receptacle provided for the pur- os Icelli- le i orotlier -place useart of d for ly othe}ssale. ' storage, 11 11dlineor transportation bf milk. SECTION 13. VEHICLES All vehicles used for delivery of mill: in' the city of Beaumont shall be so constructed as to protect the nilk from the sun and from con- tamination. Such vehicles shall be. kept clean or1ilmillk products. No transport- ing, substance capable of contaminating' transported wior th products milk prod- acts. SECTIQN� 14. DENATURING MISBRANDED PRODUCTS. The health officer shall imme- diate'at denature with rennet or some harmless coloring matter any milk or milk product found mis- branded with respect to grading or sold without•a permit. SECTION 15. . RE -PASTEURIZING PROHIBITED. No milk or mills products shall be pasteurized more than once. SECTION 16. .FUTURE DAIRIES AND MILK, PLANTS. All,dairies and milk plants from which milk is supplied to ,the city of Beaumont which are hereafter constructed shall• conform in their construction to the provisions of this ordinance. SECTION 17. PROSCRIBED MIL1{. Milk which does not conform with any one of the grades de- scribed in this ordinance shall not be sold in the city of Beaumont. SECTION 18. PENALTY. Any person, firm, association or corporation who shall violate any of the terms of this ordinance shall Upon conviction thereof be. punished by a fine of not less than twenty- five ($25.00) dollars nor inore than two hundred ($200.00) dollars, SECTION 19. PLAll o din nces FQ,AL AND al and parts of ordil nances in conflict with this ordi- n ice are hereby repealed; end thi ordinance shall be in full force an effect immediately upon its acl0 tion and its publication, as Piro- Wid by law. SECTION 20, UNCONSTITUTIONALITY CLAUSE. Should any section, paragraph, sentence, clause o phrase of tbia ordinance be dec)ared unconstitu- tional or invalid for any reason. Ito remainder of Bald ordinaucs sliall not be affected thereby. Eae t and every violation of any Pro- vlsnonn of this ordinance ehali c n- ti.tr rite a sill)irate s ffonr�, .ns,setl ihi:, tilt, Dill tiny of March, A. D. 1925. T. N. IV13.ITEHURST, gayor, pro,+tell;