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HomeMy WebLinkAboutORD 20 I I.4 68-t ORDINANCE NO. ENTITLED AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF BEAUMONT, TEXAS, BY ADDING A CHAPTER TO BE NUMBERED CHAPTER 14A, REGULATING THE MANUFACTURE,PROCESSING, FREEZING, HANDLING, SELLING, AND DISTRIBUTION OF FROZEN AND UNFROZEN DAIRY FOOD PRODUCTS AND THEIR INGREDIENTS; DEFINING TERMS; PROHIBITING THE SALE OF FROZEN AND UNFROZEN DAIRY FOOD PRODUCTS OR THEIR INGREDIENTS FROM PLANTS NOT HOLDING-A.PERMIT AS HEREIN PROVIDED; REQUIRING SUCH A PERMIT TO PRODUCE., -MANUFACTURE, PROCESS OR FREEZE FOR SALE, FROZEN AND UNFROZEN DAIRY FOOD PRODUCTS AND THEIR INGREDIENTS; PROHIBITING THE MANUFACTURE AND SALE OF MISBRANDED OR ADULTERATED FROZEN AND UNFROZEN DAIRY FOOD PRODUCTS; PROVIDING FOR THE ISSUANCE OF SUCH .PERMITS AND THE FEES FOR SAME; PROVIDING FOR THE INSPECTION OF FROZEN DAIRY FOOD PRODUCTS PLANTS; PRO- VIDING SANITATION REQUIREMENTS FOR THE OPERATION OF SAME; PROVIDING A.PENALTY; PROVIDING FOR SEVERABILITY; AND REPEALING CONFLICTING ORDINANCES. BE IT ORDAINED BY THE CITY OF BEAUMONT, TEXAS: 1. That the Code of Ordinances of Beaumont, Texas, is hereby.amended by adding a chapter to�b.e numbered Chapter 1.4A,. which said chap:te:r reads as follows: "CHAPTER 14A 11FROZEN AND UNFROZEN DAIRY FOOD PRODUCTS "Section 14A-1. Definitions. "The following definitions shall apply in the interpretation and enforcement of this chapter: (a) Frozen.Dairy Food Product - A frozen dairy food product is any clean frozen or partially frozen combination of two or more of the following: pasteurized milk or pasteur- ized milk products, eggs or egg products, sugar, water, fruit or fruit juices, candy, nut meats, edible fat, or other harmless and wholesome food products, flavors, colors, .or harmless stabilizer and shall be deemed to include -ice cream, mellorine, frozen custard, dessert toppings, ice milk,.milk sherbet, ices, and other similar products. (1) Ice cream - Ice cream is a clean, pasteurized frozen dairy product made from cream, milk or milk products, and sugar,.with or without a harmless flavoring and with or without eggs or egg products, and contains not less than eight (8%) percent milk fat and may contain one-half (1/2) of one (1%) percent of harmless stabilizer, and shall not contain any fats or oils other than milk fat, and shall weigh not less than four and one-half (4 1/2) pounds per gallon. '(2) Mellorine - Mellorine is a clean, pasteurized frozen or unfrozen dairy food product made from edible fat, milk solids, and sugar, with or without a natural flavoring, and contains not \ 5 r less than six (6%) percent edible fats and not less than thirty (30%) percent of all solids including fats., and may contain not more than one (1) percent of a harmless stabilizer. (3) Fruit Sherbet m Fruit sherbet is a pasteurized milk food product prepared by freezing hard without stirring, after semi -freezing and whipping while stirring, a mix to which has been added a mixture of one or more diluted wholesome fruit ingredients. (4) Water Ices ® Water ice is a food which is prepared by hard freezing without stirring, after semi -freezing and whipping while freezing, a mix composed of two or more of the following ingredients: water, sugar, flavoring, and a mixture of wholesome fruit ingredients. (5) Ice Milk - Ice milk is a frozen dairy food product of pasteu.iized milk prepared by freezing hard without stirring after semi -freezing and whipping.while stirring° (b) Unfrozen Dairy Food Product -An unfrozen dairy food product is a clean, wholesome combination of two or more of the following: pasteurized milk, pasteurized milk products, eggs or egg products, sugar, water., edible fat., or other harmless and wholesome food products, flavors, colors or harmless stabilizer, to which a harmless gas has or' has not been added, and shall be deemed to include dessert creams., dessert toppings and other similar products. (c) Milk and.Milk-Products m Milk -and milk products used in mix., frozen or unfrozen dairy food products shall include milk, ice 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, powdered ice cream mix, powdered frozen milk mix, sweet cream butter- milk., sweet cream condensed buttermilk, and sweet cream powdered buttermilk, or any of those products from which lactose has been wholly or partially removed. (d) Mix - Mix is the unfrozen combination of all ingredients of a pasteurized frozen dairy food product with or without fruits, fruit juices, candy, nut meats, flavor or harmless color. (e) Pasteurization -The terms "pasteurization, "pasteurized" and similar terms shall be taken to refer to the process of heating, in approved and properly operated equipment, every particle of mix to one of the following minimum temperatures and holding at this temperature continuously for the specified time as indicated below: 1550 Fe and holding at such temperature for at least thirty (30) minutes; 1750 F. and holding at such temperature for at least twenty-five (25) seconds; Provided., -that nothing contained in this definition shall be construed.as barring,any of her method or proces.s,,as may -be demonstrated to be equally efficient and which is approved by.the'State,Health autho?Pity. (f)Frozen Dairy,Food.Products•Manufacturer -A frozen .dairy food products, manufacturer is any person who mar?ufacttirres,. processes, or freezes any mix or frozen dairy food products for distribution or .sale. (g) Frozen Dairy,Food Products Plant m A frozen dairy food products plant is hereby defined as any -place or premises where mix,frozern or unfrozen dairy food products are -manufactured, processed,.or-frozen for distribution.or sale. (h) Milk -.Products -Plant m A milk products plant shall mean .any place or premises where milk or milk products arel skired, condensed, . evaporated, , powdered, manufactured, into butter, or otherwise processed for subsequent manufacture. of mix,.frozen or unfrozen dairy -food products. 15L� q- / Ci fa &- (i) Health.officer -The term "Health Officer" shall mean ;the legally•appointed.IDirector of:Public:Health of:The =City of Beaumont,.Texas,.or his authorized..representative. (j) Average Dacterial.Plate Count„Direct:Microscopic.Count, .Coliform Countt,,R.eduction:Time:and.Cobling,Temperature - Average bacterial plate count:and average -direct microscopic count shall be taken to,mean the logarithimic-average; the average coliform count to mean over two out oaf four ; and average reduction time and average cooling --t�_,rrp.erature shall be taken to mean the arithmetic average of the respective results of the last four consecutive samples,.taken upon separate days. (k) Adulterated or.:Mi.sbranded:.Mix,,Frozen or -Unfrozen Dairy Food.Products m Any mix,,frozen or unfrozen dairy food products which contain any unwholesome .substance, or which if defined in this chapter does not conform,{pith its definition or which if defined in the Texas Food.and Drug Laws does not conform ;with its definition,.shall be deemed adulterated .and/or misbranded. (1) And/or m Where the: teem "'and/or” is: used, "and" shall apply.,where.possible; otherwise "or" shall apply. "Section 14Ao2. Offenses. "(a) 1t shall be unlawful for any person to deliver directly or indirectly into or receive into • the city for sale:or to -sell or offer -for -sale for ultimate consumption, . or to have. in, storage- where mix or frozen or unfrozen dairy food products are sold or served, ani`: , mix:, or unfrozen dairy food products unless it has been manufacturedand processed in a . frrozenn dairy food products plant holding a permit under the provisions of this chapter or any frozen dairy food products unless it has been.manufactured, ,processed.an-d frozen in.a frozen dairy -food products plant holding. a . permit under the -provisions of this chapter. o 3 (b) Tt:shall be�unlawful.for any person to produce, .manufacturre,.process or freeze,.for distribution or sale, any mix or unfrozen dairy food product or frozen.dairy food product without:a permit .from the Health officer under the provisions of this chapter. (c) , No person,, for sale or distribution,. shall transfer mix or frozen or unfrozen dairy food products from one container to,another-container or package:(a) upon the street;. or (b) in any vehicle; or (c) in�any place other:than:a food products establish- ment licensed under Chapter 14 of the•Code of .Ordinances of.Beaumont or.a frozen dairy food products plant for which.a permit has been issued under the provisions cif this chapter. (d) No person shall within the city,.manufacture, freeze, .sell, offer or expose for sale,.or have in his possession with -intent tosell any mix or frozen or unfrozen dairy food product which is adulterated or misbranded. (e) Notwithstanding any provision in this chapter to the contrary,.mix_and.frozen and -unfrozen dairy.food products from points beyond the limits of:routine inspection of the city may-be:sold in the city provided same -are -controlled under provisions equivalent to the: requi-rement.s of this chapter and the health officer having jurisdiction over the manufacture is properly enforcing such previsions. (f) This chapter shall not:apply to the sale.or processing .of:a combination of-onlychopped,.crushed or shaved .water ice.and.a flavoring. (g) This chapter shall ndt be construed to prohibit a retailer from.mixing,preparinZ and ..selling :frozen dairy food prdducts which have been manufactured and frozen by,a frozen. dairy food products plant holding:a permit under the provisions of this chapterand delivered to -sash retailer in a frozen state and such retailer shall not be required to have a.permit for such further mixing and preparation. "Section 14Am3. -Permits and Fees. "(a) Only,a person who complies with the requirements of .this chapter shall be entitled to receive and retain :.a permit for a frozen dairy food products plant. .Such -.a permit may be suspended by the,Health.Officer or revoked after -an opportunity fora hearing by the ,.Health Officer,. upon the violation by the holder of any of the terms of this chapter. As oft�_n as.required by the Health Officer and.at least once,a year, every plant having -.a permit to operate in the city shall furnish the Health Officer a full and complete report giving the sources of all ingredients used in the manufacture of mix frozen or unfrozen dairy food products and a monthy•report stating the amounts of mix, frozen or unfrozen dairy food products manufactured and shall.at.all times, upon request,.make available to the Health Officer such 4.- books and..records�as necessary. to the determination of the: arn.ount: and sources of the products. Such .reports shall cover the period of time designated by,the Hrealth.Officer. For production computation purposes two dozen three (3) ounce novelties shall equal onel gallon frozen dairy food product. (b) Any person desiring to obtain.;.a permit for a.frozen dairy food products plant shall make application to the:Health-.Officer upon.:forms prescribed and furnished by the.Health.Officer-and pay to the city ,the -inspection fee herei n:after : s,et : forth, .,Such permit:shall•remain in;force and effect until December 31st mf the citlendar-.year in�which issued. Thereafter,.such permit may be: renewed for the peri od. of: January. 1st to, December 31st . 6f: each .year upon:payment:of the hereinafter -prescribed .inspection fee: (1) The inspection fee:for any., frozen dairy food products p.lant.the,products of:which,are all .sold upon the premises at:retail.shall be $25.00 per annum. (2) The:inspection fee for all.other-dairy food products plants shall be:$1O0.00 per annum. "Section 14A-4. Labeling. "All cans, packages,.and other containers enclosing.mix,,frozen or unfrozen dairy food products or -their -ingredients derived. -from milk or milk products except these -filled from labeled bulk frozen.dairy food products or mix containers inretail dispensing.or fountain freezing shall beplain?y labeledair marked with: (1) the name:of-the contents, as given in the definitions of Section 14A-1 of this. chapter; (2) in the case of mix the word "paoteurized" if the contents have been pasteurized and the words "to be pasteurized" if the contents have not.been pasteurized; and (3) the name of the manufacturer and the .identity of the plait at -which the contents were placed in the container. A descziptive-word or phrase indicating,in more detail the composition or flavoring of the:mix or frozen or unfrozen dairy food products,.such as strawberry, chocolate, custard, etc- .,..may be used on the label. The label or mark shall -be -in -letters of a size, kine, and color approved by they Heal th Officer. Trade names and trade marks may be permitted. The label shall contain no,marks or words which are misleading. "Section 14A-5. Inspection of Frozen Dairy Food Products Plants. "At least once during each six month period the:Health.Officer shall inspect all.frozen dairy food products plants holding.a permit under the provisions of this chapter. In case the.Health.Officer discovers the violation of any items_ 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 three (3) days,,and the:second inspection shall be used in.determining compliance with the:requirements of this chapter. Any violation of the:same:item of this ordinance on two consecutive inspections may call for immediate suspension of permit. "One copy of the -inspection -report shall-be.delivered to•the owner of the pranises inspected,,or-his agent and shall be readily available at . any time for a period . of twel,- e (12) months.. Another copy of the inspection report shall be filed with the -records -of the-Health>Department. �10 "Section 14A-6. The Examination of.Frozen or Unfrozen.Dairy Food .Pro pacts and T eir Ingredients. "During,each six=month period at least four samples of.frozen or unfrozen dairy food products or pasteurized mix.fr+om each plant shall be tested by the Health. Officer. Samples of.mix,.frozen or unfrozen dairy food products 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.dairy food products:ftom,stores,.cafes, soda fountains,,restaurants, and other places where frozeaa or unfrozen dairy -food products are sold may be tested as often as the=Health Officer:may.•require. Bacterial plate counts,,direct microscopic' counts, and coliform counts shall be made in conformity with current "Standard.Methods" as recommended by the American Pu:.blic Health Association. Examination may include such other chemical and physical determinations as the. Health Officer may deem.necessary for the detection of adulteration, these examina- tions to be:made in conformity with the current standard methods of the'American Public Health Association and the Association of Official Agricultural Chemists. All proprietors of plants,.stores, cafes, restaurants, soda fountains, and other similar places:shall.furnish the•.Health Officer,,upon his request,.the.names of all persons from whom their mix,.frozEn or unfrozen dairy food products are obtained. "Whenever the average bacterial plate count,,the average coliform count, the average reduction time,,or the average cooling temperature falls. beyond the limit,.the•Health•.Officer shall.send_.written notice thereof to the plant concerned,.and shall take an additional sample, but not before the lapse of three (3),days,,for determining a new average in accordance with Section 14A-1. Violation•of the:require® ment by the new average or by any subsequent average during:the remainder of the current six.month period shall call for immediate suspension of the permit,,unless the last individual result -is within the limit. "Additional laboratory services for mix, frozen or unfrozen dairy food products manufacturers or distributors shall be -available for the purpose cif sanitation control, such services consisting of the following.laboratory tests::bacterial counts by'standard plate method or direct microscopic methods, and other chemical analyses of dairy food products as outlined in "Standard Mefhods." "Bacterial count or chemical analyses which in the opinion of.the.Health Officer do not fall within the scope of.routine investigation shall be paid for at the•rate of one and 50/100 ($1.50) Dollars per sample. "Section 14Am7. Sanitation•Re uirements for -Mix Frozen -or -Unfrozen Dai yy Food Pro acts P ants . "Item•1P. Floats. Thefloors of all rooms in which mix, frozen or un trozen, Za ry food product's or theiringredients are: manufacm tured, frozen or stored or in which containers and utensils are washed, shall be constructed of concrete.or other equally impervious and easily cleaned material, and shall be.smooth, properly drained,provided with trapped drains,.and kept clean; provided, that freezer storage rooms need not be provided with drains, provided:further, that the construction requirements need not apply to plants which freeze and sell only at.retail, on the premises,,if the portion of the room.in which the freezer is installed, and the:raom in which the containers or utensils are washed have impervious floors or solid floors covered with tight -linoleum or other approved washable. material. "Item-2P.Walls and Ceilings. Walls and ceilings of:rooms Inw �c mix; `frozen or unfrozen dairy food products, or their ingredients are manufactured or frozen, or in which 6 containers or utensils are washed shall have a smooth, washable light-colored surface and shall be kept clean. "Item3Po Doors and Windows. Unless other effective means are prove e to prevent t e access of flies, all openings to the outer air shall be effectively screened and doors shall be self-closing, "Item 4Po Lighting and Ventilation. All rooms shall be well lighted and ventilated. "Item 5Pe Miscellaneous Protection From Contamination. The various rplant operations s a e,so locaEed and conducted as to prevent any contamination of the mix, frozen or unfrozen dairy food products, their ingredients, . cleaned eg7dipment, or containers. All means necessary for the elimination of flies shall be used.. Separate rooms shall be provided for (a) the mixing of ingredients, (b) the pasteurizing, processing, cooling, freezing and packaging operations, and (c) the washirg..and bactericidal treatment.of containers; Provided, that require- ment shall be s&tisfied, in frozen dairy food products plants which freeze and sell only at.retail on the premises, if all mixing,freezing,and packaging preocesse.s,.but not necessarily the hardening and storage compartments, are enclosed in a tight g1a�s or other sanitary enclosure which has openings inaccessible to the public which has a dust tight top extending over the entire freezer, and which is protected by a fan so installed and of such power to prevent the entrance of flies. Containers of frozen dairy food products ingredients shall not be unloaded directly into the room or rooms used for pasteurization and subsequent processing. Pasteurized mix or frozen or unfrozen dairy food products shall not be permitted to come in contact with equipment with which unpasteurized mix.,. -frozen or unfrozen dairy food products, -milk or milk products have been in contact unless such equipment has first been thoroughly cleaned and subjected to an approved bactericidal 'treatment. None of the operations connected with a mix, frozen or unfrozen dairy food products plant shall be conducted in a room used for domestic purposes. "Item 6Po Toilet.Faciliteso There shall be provided toilet acs l es con orming raft t e ordinances of. Beaumont,: Texas, and which are kept clean,,well ventilated, and in good repair. Toilet rooms shall not open directly into any -room in which mix, frozen or unfrozen dairy food products, their ingredients, equipment or containers are handled or stored. The doors of all toilet rooms shall be self-closing. A placard an which Section 14Am10 or its equivalent is printed and sign directing employees to wash their hands shall be posted in all toilet rooms. "Item 7Po Water Supply. The water supply shall be easily accessible., adequate and of a safe,sanitary quality, and approved by the Health Officer. "Item 8Po Hand -Washing Facilities. Convenient hand -washing ace s.`sHail be provided 'J1__R­eaE`h department,.including warm running water, soap, 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 9Po Sanitary Pi in e All piping used to conduct ingrem gents, mix, .rozen or unfrozen dairy food products shall be sanitary milk piping of a size not less than one inch in diameter and of a type which can be easily cleaned with a:brush or other methods, and which is approved by the Health Officer. 7 0-'o_,(, 1116 _1.:.=/- /-.-C=r--ZGl �_,? "Item:.10P. Construction and Re air of Containers and .E ui went. muit�-use containers and equipment wi -t 7 is mix,., cozen or unfrozen dairy food.products or -their -ingredients come into contact:shall be of:smooth,.imper-;rious non-corrodible,.non-toxic material, shall be so constructed and located to be easily cleaned; a_nd shall be • keit in good repair. "Item 11P. Disposal of Wastes,o All wastes shall -be properly an a and disposed o i.n.adance with existing city ordinances and approved by the_Health.Departmento "Item 12P. Cleaning and Bactericidal.Treatment of Containers and..E 1 Ment, multi -service containers an equipment or MIX., frozen and unfrozen dairy food products or their ingre- dients 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 .mix, , frozen or unfrozen dairy food products plant, .each -milk and .milk products container. shall. be effectively cleaned and subjected to bactericidal treatment. "Item 13P. StoraE,,e of Containers. After bactericidal treat- ment o multi -use containers or mix, frozen or unfrozen dairy food products,.and their -ingredients' shall be stored in:such manner as to,be protected.from contamination.. All multi -use containers and pipes shall be�stored 6n.metal racks or tables twenty-four (24) inches above the floor. "Item.14P. Handlin 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 .mix, , frozen or unfrozen dairy food products or their ingredients. "Item 1.5P. Storage and.Handlin .of Sin le.Service Containers .and Utensils. as e-t.s, caps, pare .mr�nt papers,: wrappers, can:—liners.—and single-service.sticks,.spoons, and containers for -mid, : frozen or unfreozen dairy food products or tha'ir ingre- dients shall be purchased only in.s_anitary containers; shall be kept therein in a clean dry place until.used, and shall -be handled in a sanitary manner.. "Item -16P. Pasteurization of Mix. All mix shall be pasteurized as , escribed in Sect1on Am _ e of .this chapter. "Item 17P. Conlin and..Handlin . All milk deal fluid.milk pro ucts�receive at:t a frozen airy food products plant for -use -in mix.Ifrozen,or unfrozen dairy food products shall immediately be cooled.in approved equipment to.50 degrees F. or less and maintained.At.that.temperature-until pasteurized, unless they are to be pasteurized within two (2) hours after receipt; and all pasteurizedmix.:shall immediately be:cooled in approved equipment to a temperature of 45 degrees F. or less, and maintained there until.frozen. All mix not frozen at the plant.at shall be transported to the.place .in.sealed containers, and the:mix .degrees F. or less and handled.in .from.containers of pasteurized mix which .it was. pasteurized ofmanufacturing.or.freezing shall be.kept cooled to 45 a sanitary manner. -Dipping .shall be prohibited. 'Item 18P. Packaging,Etc. Packaging, cutting, molding, dipping, reezing, hardening, and other preparation of mix or frozen or unfrozen.dairy food products 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 19P. Overflow or -Spillage. Product drip, or ©verflow o spi e mix or frozen or un rozen dairy food products or their -ingredients shall not be sold for human consumption. "Item 20P. Returns. Mix or frozen or -unfroze -!n dairy food pro ucts 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 or unfrozen dairy food products. "Item 21P. Personnel Health. The Health Officer or a physician aut orJ_ze by him shall examine and take a careful morbidity history.of every person connected with a mix, frozen or unfrozen dairy food products plant, or about to be employed, whose work brings him in contact with the production, handling, or steerage of mix or frozen or unfrozen dairy food products, containers, or equipment. If such examinations suggest that such person may be a carrier of or infected with the organisms of typhoid or paratyphoid fever oaf any other communicable diseases likely to be transmitted through mix, frozen or unfrozen dairy food products, he shall, secure appropriate specimens of body dis- charges and cause them to be dxamined in a laboratory approved by him or by the State Health. Authorities for such examinations, and if such results justify such person shall be barred from such employment. All persons referred to in the preceeding paragraph shall furnish such information, submit to such physical examination and submit such laboratory specimens every six (6) months, as the Health -Officer may require, for the purpose of determining freedom from infection. "Item 22P. Personnel Cleanliness. All persons coming in contact with mix, Irozen or TEErozen dairy food products, their ingredients, containers, or :equipment, shall wear clean outer -garments -and shall keep their -hands clean at all times; the -use -of hair nets, caps or bands are required: while thus engaged. There shall be rooms kept neat and clean of sufficient size with showers, or.equal provisions for cleanliness, provided for all employees and shall be used for the changing of clothe~ and personal sanitation only. "Item 23P. Miscellaneous. All vehicles used f6r the transportation of mix, rozen or unfrozen dairy food products or their ingredients, shall be so constructed and operated as to protect their contents from the sun and from contam.inam tion. Such vehicles shall be kept clean, and no substance capable of contaminating.mix, frozen or unfrozen dairy food products or their ingredients shall be transported therewith in such manner as to permit contamination. All vehicles -used for -the distribution of mix, frozen or unfrozen dairy food products shall have the name of the holder of the permit, under which such vehicle is eperated and the number of such permit in plain, legible letters and numerals on both sides of said vehicle, and said name and number shall be in place at all times when said vehicle is being used for the transportation of mix, frozen or unfrozen dairy food products, or their ingredients within The City of Beaumont, Texas. 9 The immediate surroundings of all mix, frozen or unfrozen dairy food products shall be 'kept in a neat,,clean condition. "Item 24P. Bacterial Plate Count of Pasteu-rized Mix Frozen or n r zen Dair FoEEI Pro ucts. The -average bacteria p ate count ot the pasteurize mix shall at no time prior to delivery exceed 20,000 per milliliter or the coliform count exceed 10 per milliliter as determined under Section 14A-6. The average bacterial plate count of the pasteurized frozen or unfroz-en dairy food product.shall at no time exceed 502000 per millilitoT or the coliform count exceed 10 per milliliter. "Item 25P. Ingredients. All mix and frozen or unfrozen dairy 0o pro ucts 1ngred_ents shall be c'lean9 have a fresh whole- some flavor and odor and a normal appearance,.be of satisfactory quality and 'shall be handled or processed in an approved manner. Milk and milk products used as ingredients in the raw state shall have an average bacterial plate count not exceeding 200,000 per milliliter or an average reduction time conforming with the "Standard Methods" of examination,.and milk and milk products used as ingredients in the pasteurized, condensed, evaporated.or dried state shall have an average bacterial plate count not exceeding 20,000 per milliliter and a coliform count not exceeding 10 per milliliter as determined under Section 14A-6. "Section 14A-8. -Suspension and Re -issuing of Permit. "If at any time a suspension of the permit shall become justified in any case because.of a violation of the provisions of this chapter, the Health Officer shall immediately suspend the permit of.said frozen dairy food products plant. "Any such plant, the permit of which has been suspended by the Health Officer,.may at any time make application for the re -issuing of the permit. "Upon receipt of a satisfactory application,,in case the suspension of permit is the.result of an unsatisfactory bacterial condition or cooling temperature,,the Health Officer shall take further samples at the rate of not more than two (2) samples per week. The Health Officer shall re -issue the permit whenever the average 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 items of the specifications prescribed in Section 14A-7 other than bacterial condition or cooling temperature, the said appli- cation must.be accompanied by a statement signed by the applicant to the effect that the violated item or items of the specifications have been conformed with. Within one week of the receipt of such an application and statement,.the Health Officer shall make a re -inspection, and thereafter as.many additional re -inspections as he may deem necessary to assure himself that the applicant is again complying with the requirements, and in case the finding indicate compliance, shall re -issue the permit. "Section 14A-9. Future Frozen Dairy Food Products Plants. "All frozen dairy food products plants from which mix, frozen or unfrozen dairy fond products are supplied -to the municipality; of Beaumont, Texas, which are hereafter constructed,.reconstructed, 10 or extensively altered, shall conform in their construction to the requirements of this chapter. Properly prepared plans for all frozen dairy food products plants which are hereafter constructed, reconstructed, or extensively altered shall be submitted for approval before work is begun, and signed approval shall be obtained from the Health Officer. "Section 14A-10. Notification of Disease. "No person with any disease in a communicable form, or who is a carrier of such disease shall work at any dairy farm: or dairy food products plant in any capacity which brings him into contact with production, handling, storage, or transportation of mix or frozen or unfrozen dairy food products, containers or equipment; and no dairy farm or frozen dairy food products plant shall employ in any capacity any such person, or any person suspected of being a carrier of such a disease. Any producer or distributor of milk, mix, frozen or unfrozen dairy food products upon whose dairy farm, or in whose plant, any communicable disease occurs, or who suspects that any employee has contracted any disease in a communicable form or has become a carrier of such disease shall notify the Health Officer immediately. "Section 14A-11. Procedure When Infection Suspected. "When suspicion arises as to the possibility of transmission of infection from any person concerned with the handling of mix, frozen or unfrozen dairy food products, or their ingredients, the Health Officer is authorized to require any or all of the following measures: (1) the immediate exclusion of that person from handling mix, frozen or unfrozen. dairy food products or their ingredients; (2) the immediate exclusion of the supply concerned from distribution and use; (3) adequate medical and bacteriological examination of the person, of his associates and of his and their body discharges. "Section 14A-12. Enforcement Interpretation. "This chapter shall be enforced by the Health Officer in accordance with the interpretation thereof contained in the current edition of the United States Public Health Service Frozen Desserts Code, a copy of which has been and now is filed in the office of the City Clerk." 2. Any person who violates or fails to comply with any provision of this ordinance shall, upon conviction, be punished as provided in Section 1-8 of the Code of Ordinances of Beaumont, Texas. Each day any violation of any provision of this ordinance shall continue shall constitute a separate offense. 3. If any section, subsection, sentence, clause or phrase of this ordinance, or the application of same to a particular set of persors or circumstances should for any reason,be held invalid, such invalidity shall in no wise affect the remaining portions of zt this ordinance, and to such end the various provisions of this chapter are declared to be severable. 4. That all ordinances and parts of ordinances in conflict herewith are hereby repealed. PASSED by the City Council this i�1 day of: P, 19/-1Q