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HomeMy WebLinkAboutORD 27 I IORDINANCE NO. 60 - ENTITLED AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF BEAUMONT, TEXAS, BY REPEALING CHAPTER 21 AND ENACTING IN LIEU THEREOF A NEW CHAPTER 21, REGULATING THE PRODUCTION, PROCESSING, MANUFACTURING, HANDLING, SELLING AND DISTRIBUTING OF MILK AND MILK PRODUCTS; DEFINING TERMS; PRO- VIDING FOR ENFORCEMENT OF THE CHAPTER BY THE DIRECTOR OF THE BEAUMONT_CITY HEALTH DEPARTMENT; PROHIBITING THE SALE OF ADULTERATED OR MISBRANDED MILK OR MILK PRODUCTS; PROHIBITING THE FALSE REPRESENTING OF A PRODUCT TO BE MILK; REQUIRING PERMITS. AND PROVIDING FOR THE SUSPENSION OF PERMITS OF PERSONS SELLING MILK AND MILK PRODUCTS; PRO- VIDING FOR FEES FOR MILK AND MILK PRODUCT PERMITS; REGULATING.THE LABELING OF MILK AND MILK PRODUCTS; PROVIDING FOR INSPECTION OF DAIRY FARMS AND MILK PLANTS; -PROVIDING FOR EXAMINATION OF MILK AND MILK PRODUCTS; REGULATING THE CHEMICAL, BACTERIOLOGICAL AND TEMPERATURE STANDARDS OF MILK AND MILK PRO- DUCTS; PROVIDING SANITATION REQUIREMENTS FOR GRADE A RAW MILK EOR PASTEURIZATION; PROVIDING SANITATION REQUIREMENTS FOR GRADE A PASTEURIZED MILK AND MILK PRODUCTS; REGULATING ANIMAL HEALTH; REGULATING MILK AND MILK PRODUCTS WHICH MAY BE SOLD; REGULATING THE TRANSFER, THE CONTAINERS AND THE COOLING OF MILK AND MILK PRODUCTS; REGULATING THE SALE OF MILK AND MILK PRODUCTS WITHIN THE CITY WHEN THE MILK AND MILK PRODUCTS COME FROM POINTS BEYOND THE LIMIT OF ROUTINE INSPECTION; REGULATING FUTURE DAIRY FARMS AND MILK PLANTS; REGULATING HEALTH OF PERSONNEL WHO WORK AT DAIRY FARMS AND MILK PLANTS; PROVIDING HEALTH AUTHORITY PROCEDURE WHEN INFECTION IS SUSPECTED; PROVIDING A PENALTY; PROVIDING FOR SEVERABILITY; AND REPEALING ALL ORDINANCES IN CONFLICT HEREWITH. BE IT ORDAINED BY THE CITY OF BEAUMONT, TEXAS: I. That Chapter -21 of the Code of Ordinances of Beaumont, Texas, be and the same is hereby repealed and in lieu thereof the following is enacted, to wit: P1Chapter 21. "Milk "Section 21-1. Definitions. "The follouang definitions shall apply in the interpretation and enforcement of this chapter: (1) Milk. Milk is hereby defined to be the lacteal secretion, practically free from colostrum obtained by the complete milking of one or more healthy cows, which contain not less than 84 percent milk solids - not fat and not less than 34 percent milkfat. (Milkfat or butterfat is the fat of milk.) 7 (2) Goat.Milk. Goat m1k is the lacteal secretion, practically T— reerom colostrum, obtained by the complete milking of healthy goats". The work,"milk'' shall be interpreted to include goat milk. (3) Cream. Cream.is the sweet, fatty liquid=separated-from' mi with or without the 'addition of milk or skim milk, which contains not'less than 18% percent milkfat. (4) Light Cream Coffee Cream or Table Cream. Light cream, co ee cream or table -cream is cream _wTTIch contains not less than 18 percent but`-le.ss than 30 percent milkfat. (5) Whip ing Cream. Whipping cream is cream which contains not less t an 0 percent milkfat. (6) Light Whi ing.Cream: Light whipping.cream is_cream that contains not less t:zan -30 percent but less :than 36 pErcent milkfat. (7.) Heavy Cream or Heavy Whip ing Cream. Heavy.cream or heavy w p ing cream is cream whit ,L� ntains not less than 36 percent milkfat.' (8) Whipped Cream. Whipped cream.is whipping cream.into.which air or gas has been incorporated. (9) Whipped IAght Cream, Coffee Cream, or Table Cream. Whipped light cream, tattee cream, or table cream is 1IgFit cream, coffee cream, or table cream into which air or.gas has been incorporated. (10) Sour Cream or Cultured Sour Cream. Sour cream or cultured sour cream is a fluid or semi—I cream resulting from the souring by lactic acid producing bacteria or similar culture of pasteurized cream, which contains not.less than 0.20 percent acidity expressed as lactic acid. (11) Half and Half. Half and half is . a product consisting of a mixture of milk and cream which contains not less than 10.5 percent milkfat. (12) Sour Half and Half or Cultured Half and Half. Sour half ana n.alt or cultured halt and half is -ful icTor semifluid half and half derived from the souring, by lactic acid producing bacteria or similar culture, of pasteurized half and half which contedns not less than 0.20,percent acidity expressed as lactic acid. (13) Reconstituted or Recombined Milk and Milk Products. Recon- stituted or recombined mi -and/or milk pro ucts s all mean milk or milk products defined in: -this section which result from the recombining of milk constituents with potable water. (14) Concentrated Milk. Concentrated milk is a fluid product, unsterilized an unsweetened., resulting from the removal of a considerable portion of the water from milk, which, when combined with potable water, results in a product conforming with the sandards for milkfat and solids -not - fat or milk as defined -above. - 2 - (15) Concentrated Milk Products. Concentrated milk products shall,be taken to mean and to include homogenized concen- trated milk, vitamin.D concentrated milk, concentrated skim milk, fortified concentrated skim milk, concentrated lowfat milk, fortified concentrated lowfat milk, concen- trated flavored milk, concentrated flavored milk products, and similar concentrated products made from concentrated milk or concentrated skim milk,'and which when combined with potable water.in'accordance with instructions printed on the container, conform with the definitions of the corresponding milk products in this section. (16) Skim Milk or Skimmed Milk. Skim milk or.'skimmed milk is milk from which su icient milkfat has'been removed to reduce itsi milkfat content to less than 0.50 percent. (17) Lowfat Milk. Lowfat-milk is milk from which a sufficient - portion .o milkfat has-been removed to reduce its milkfat_ content to not less than.0.50 percent and not more than 2.0 percent. (18) Vitamin D Milk and Milk Products. Vitamin D milk and milk products are milk and -milk pro ucts,,the vitamin D -content of which has been increased by an approved method to at - least 400 U.S.P. units per quart. (19) Fortified Milk and Milk Products. Fortified milk and milk products are milk and mi products other :than Vitamin D milk.and milk products, the vitamin and/or mineral content of -which have been increased by a method. and in an amount approved by the health authority. (20) Homogenized Milk. Homogenized milk is milk which has been treated to insure breakup of the fat globules to such an ex8ent that, after 48 hours. of quiescent storage.at 45 F. no visible cream separation occurs on the milk, and the fat percentage of the top 100 milliliters of milk in,a quart, or of proportionate volumes in:containers of.other sizes, does not differ by. --more than l0 percent from the fat percentage of the remaining milk as determined after thorough mixing. The word "milk" shall be inter- preted to include homogenized.milk. (21) Flavored Milk or Milk Products. Flavored milk or milk pro ucts sFiall mean milk and milk products as defined_ in this chapter to which has been added a flavor and/or.sweetener. (22) Buttermilk. Buttermilk is a fluid product resulting from ttie mann acture of butter from milk or cream. It contains not less than 84 percent of milk solids -not -fat. (23) Cultured Buttermilk.�.Cultured buttermilk is a..fluid product resulting Trom the souring, by lactic acid producing bacteria or similar culture, of pasteurized skim milk or pasteurized lowfat milk. (24) Cultured Milk or Cultured Whole Milk Buttermilk. Cultured milk or cultured whole mi uttermi is a fluid product resulting from the souring-by'lactic acid producing bacteria or:similar culture, of -pasteurized milk. - 3 - 467 (25) Acidified Milk and Milk Products. Acidified milk and milk products are milk and,milk,products obtained by the addition'of food grade acids to pasteurized cream, half -and half,milk, lowfat milk, or skim milk, resulting in a product acidity -of not less than 0.20 percent expressed as lactic acid. (26) Milk.Products. Milk products -include cream,light cream, cottee cream, table cream, whipping cream, light whipping cream, heavy cream, heavy whipping -cream., whipped cream, whipped light cream, whipped coffee cream, whipped table cream.,sour cream, cultured sour cream, half and half, sour half and half,.cultured half and half., reconstituted or recombined milk.and'milk products, concentrated milk, concentrated milk -products, skim milk, skimmed -milk, lowfat .milk, fortified milk and milk products, vitamin D milk and milk products, homogenized milk, flavored milk or milk products, buttermilk, cultured b•uttermilk,•cultured milk, cultured whde milk buttermilk, and.acidified milk and milk products. This definition is not intended to include such products as sterilized milk and'miik products'hermetically sealed in a container and so -processed, either before or after sealing, as to prevent microbial spoilage, or evaporated' milk, mndensed-milk, ice cream and other frozen desserts, butter, .dry milk products (except as defined herein), or cheese except when they are combined.with other substances to produce any pasteurized milk or milk product defined herein. (27) Grade A Dry Milk Products. Grade A dry milk products are �c products whichawe Feen produced for use in Grade A pasteurized milk products and which have been.mafiufactured under...the provisions of Grade A Dry Milk Products - Recommended Sanitation Ordinance and Code f&E Dry Milk Products Used: Grade A Pasteurized Milk Products. (28) Optional Ingredients. Optional ingredients shall mean and include Grade.A cry; milk products, concentrated milk, concentrated milk products, flavors, .sweeteners, stabilizers, emulsifiers, acidifiers, vitamins,minerals, and similar ingredients. (29) Adulterated Milk and Milk Products. Any milk or milk product.shall Be deemed to be a u terated.(I) if it bears or contains any poisonous or deleterious substances in a quantity which may render it injurious to -health; - (2) o health;(2) if it bears or contains any added.poisonous or deleterious substance for which no safe tolerance has been established by State of Federal regulations, or in excess of such tolerance if one has been established; (3) if it. consists,rin whole or in part-, of any substance unfit for human consumption; (4) if it,has been produced, processed, prepared, packed, or held under insanitary conditions; (5) If its container is composed, in whole or in part, of any poisonous or deleterious substance which may render, the contents injurious to health; or (6) if any substance has been added"thereto or mixed or packed therewith so as to increase its bulk or weight, or reduce its quality or strength, or make it appear better or of greater value than it is. 0 (30) Misbranded Milk and Milk Products. Milk and milk products are misbranded (1) w en their container(s) bear or accompany any false or misleading.written, printed, or graphic matter; (2) when such milk m d milk products do not conform to their definitions as contained in this chapter; and (3) when such products are not labeled in accordance with Section 21-7 of this chapter. (31) Pasteurization. The terms 11p.asteurization," "pasteurized" and similar terms shall mean the process of heating every particle of milk or milk product to at least 1450 F., and holding it continuously at or above this t8mperature for at least 30 minutes or to at least 161 F. and holding it continuously at or above this temperature for at least 15 seconds, in equipment which is properly operated and approved by the health authority; Provided, that milk products which have a higher milkfat content than milk and/or contain added sweeteners shall be heated to at least 1500 F. and held continuously at or above this temperature for at least 30 minutes, or to at least 1660 F. and held continuously at or above this temperature for at least 15 seconds; provided, further, that nothing in this definition shall be construed as barring any other pasteurization process which has been recognized by the United States Public Health Service to be equally efficient and which is approved by the State Health authority. (32) Sanitization. Sainitization is the application of any effective. -method or substance to a clean surface for the destruction of.pathogens, and of other organisms as far as is practicable. Such treatment shall not adversely affect the equipment, the milk or milk product or the health of consumers, and shall be acceptable to the health authority. (33) Milk Producer. A milk producer is any person who operates a dairy arm and provides, sells,'or offers milk for sale to a milk plant, receiving station, or transfer station. (34) Milk Hauler. A milk hauler is any person,.who transports raw mi an /or raw milk products to or from a milk plant, a receiving or transfer station. (35) Milk Distributor. A milk distributor is any person who offers or sae or sells to another any milk or milk products. (36) Health Authorit The health authority shall mean the Director of t e City Health Department or his authorized representative. (37) Dairy Farm. A dairy farm is any place or premises where, one or more cows or goats are kept, and from which a part or all of the milk or milk product(s) is provided, sold, or offered for sale to a milk plant, transfer station, or receiving station. - 5 - (38) Milk Plant and/or Receivina Station. A milk plant and/or receiving station is any place, premises, or establishment where milk or milk products are collected, handled, pro- cessed, stored, pasteurized, bottled, or prepared for distribution. (39) Transfer Station. A transfer station is any place, premises or esta lishment where milk or milk products are transferred directly from one transport tank to another. (40) Official Laboratory. An official laboratory is a biological, chemical or pftysical laboratory which is -under the direct supervision of the State or a local health authority. (41) officially Designated Laboratory. An officially designated a oratory is a commercial a oratory authorized to do official work by the health authority, or a milk industry laboratory officially designated by the health authority for the examination of producer samples of Grade A raw milk for pasteurization. (42) Person. The word "person" shall mean'any individual, p—f-ant, operator, partnership, corporation, company, firm, trustee or association. (43) And/or. Where the term "andjor" is used, "and" shall apply where appropriate, otherwise "or'o shall apply. "Section 21-2. Enforcement Interpretation of Chapter. "This chapter shall.be enforced by the Director of the Beaumont City Health Department in accordance with'L.the interpretations thereof contained in Grade A Pasteurized Milk Ordinance = 1965 Recommendations of the United States Public Health Service, a copy of which shallbe on file 11n.the City Clerk's Office. Where the mandatory compliance with provisions of the appendixes is specified, such provisions shall be deemed a requirement of the chapter. "Section 21-3. Adulterated or Misbranded Milk or Milk Products. "No person shall, within the municipality of Beaumont, produce, provide, sell, offer, or expose for sale, or have in his possession, with intent to sell, any milk or milk product which is adulterated or misbranded: Provided, that in an emergency, the sale of pasteurized milk and milk products which have not been graded, or'the grade of which is unknown, may be authorized by the health authority., -in which case such products shall be labeled 'ungraded.' Any adulterated or misbranded milk -or milk product may be impounded by the health authority and disposed of in accordance with applicable laws or regulations. "Section 21-4. Falsely Representing a Product to be Milk. "It shall be unlawful for any person to possess for the purpose of sale, sell or offer for sale any substance under the representation expressed or implied that such substance is milk or a milk product, as hereinbefot-e defined, unless the same conforms in all respects with the definitions and requirements of this chapter applicable thereto. - 6 - "Section 21-5. Permits. "It shall be'unlawful for any person who does not possess a permit from the health authority of The City of Beaumont to bring into, send into, or receive into The City of Beaumont, for sale, or to sell, or.offer for sale, therein or to have in storage for the purpose of sale any milk or milk products defined in this chapter: Provided, that,.grocery stores, restaurants, soda fountains and similar establishments where milk or milk products - are served or sold at retail, but not processed, are exempt from the requirements of this section if the milk or milk products they sell or serve were processed by a person having a permit under the provisions of this chapter. "Only a person who complies with the requirements of this chapter shall be entitled to receive and retain such a permit. Permits shall not be transferrable with respect to persons and/or locations. "The health authority shall suspend such permit, whenever he has reason to believe that a public health hazard exists; or whenever the permit holder has violated any of the requirements of this chapter; or whenever the permit holder has interferred with the health authority in the performance of his duties; Provided, that the health authority shall, in all cases serve upon the holder. a written notice of intent to suspend permit, which notice shall specify with particularity the violation(s) in question and afford the.. -holder such reasonable opportunity to correct such violation(s) as may be agreed to by the parties, or in the absence of agreement, fixed by the health authority, before making any order of suspension effective; Provided further,- that where the milk or milk product involved creates, or appears to create an imminent hazard to the public health; or in any case of a willful refusal to permit authorized inspection; or when the bacteria counts, coliform determinations, or cooling temperatures are in violation of the applicable requirements of Section 21-9 or Section 21-16 the health authority shall immediately suspend such permit. *A suspension of permit shall remain in effect until the violation has been corrected to the:.satisfaction of the health authority. "Upon written application within 48 hours to the health authority of any person whose permit has been suspended, or upon application within.48 hours of any.person who has been served cath a notice of intention to suspend, and in the latter'case before suspension, the health authority shall within 72 hours proceed to a hearing to .ascertain the facts of such --.,violation or interference and upon evidence presented at such hearing shall affirm, modify, or rescind the suspension or intention to suspend. °'Upon repeated violations) meaning two or more, the health authority may revoke such permit following written notice to the permit holder. The section is not :tended to preclude the institution of court action as provided in Section 21-8 and 21-9. "Permits must be renewed annually on or before the first day of January of each year to be valid. "Section 21-6. Fees. `(1) If the applicant receives or sells milk or milk products for pasteurization,.or manufacturing purposes, but does not place same in final delivery container, a fee.of ten dollars per annum; °' (2) If the applicant places milk before defined, intheir final delivery dollars per annum; - 7 - or milk products as herein - containers, a fee of five • t'� `�� f'`.. �.l' L' f . mss' (3) If the applicant being one other than a milk producer or a milk plant employee, hauls. or transports milk or milk products to or from a milk plant or a collecting point, a fee of five dollars per annum; (4) If the applicant processes or pasteurizes milk or milk' products and places them in their final delivery containers, a fee of one hundred dollars per annum. In the case that two or more of the above conditions exist, the permit fee shall be based on the condition requiring the greatest fee. (5) All milk haulers desiring to operate transport trucks, shall first make application and receive approval from the health authority before commencing to haul Grade A raw milk. If the applicant hauls or transports milk or milk products to or from a milk plant or 'collection point, a fee of ten dollars per annum. Each truck operated shall be assigned a permit number which shall be displayed on each side of the transport truck. "Section 21-7. Labeling. "All bottles, containers, and packages enclosing milk or milk products defined in Section 21-1 shall be conspicuously labeled or marked with: (1) the name of the content's as given in the definitions of this chapter; (2) the word "reconstituted" or "recombined"If the product is made by reconstitution or recombination; (3) the grade of the contents; (4) the word "pasteurized" if the contents are pa-steurized and the identity of the plant.where pasteurized; (5) the word "raw" if the cont ents are raw and the name or other identity of the producer; (6) the designation "Vitamin D" and number of U.S.P. units 1. per quart in the case of vitamin D milk 'or milk products; (7) the volune of proportion of water to be added for recom- bining in the case of concentrated milk or milk products; (8) the words "nonfat milk solids added" and the percentage - added if such solids have been added, except that this requirement shall not apply to reconstituted or recombined milk or milk products; (9) the words "artificially sweetened" in the name if non- ' nutritive and/or artificial sweeteners are used; and (10) the common name of stabilizers, distillates, and ingre- dients; Provided, that (a) only the identity of the milk producer shall be required on cans delivered to a milk plant which receives only Grade A=_ -raw milk for pasteurization, and which immediately dumps, washes and returns the cans to the milk producer; (b) the identity of both. milk producer and the grade shall be required on cans delivered to - a milk plant which receives both Grade A raw milk for pasteurization and ungraded raw milk, and which immediately dumps, washes and returns the cans to the milk producer; (c) in the case of concen- trated milk products, the specific name of the product;: shall be substituted for the generic term "concentrated milk products",, e. g. "Homogenized concentrated milk," "concentrated skim milk," ``concentrated chocolate milk," "concentrated chocolate flavored lowfat milk;" (d) in the case of flavored milk or flavored reconsti- tuted milk, the name of the principal flavor shall be substituted for the word "flavored"; and (e) in the case of cultured milk and milk products, the special type culture used may be substituted for the word "cultured" e. g. r°acid6.philus:7, buttermilk,°1' "bulgarian buttermilk," and "yogurt." "All vehicles and transport tanks containing milk or milk products shall be legibly marked with the name and address of the - milk plant or hauler in possession of the contents. "Tanks transporting raw milk and milk products to a milk plant from sources of supply not under the routine supervision of the health authority are required to bemarked with the name and address of the milk plant or hauler and shall be sealed;.in addition, for each such shipment, a shipping statement shall be prepared containing at least the following information: (1) Shipper's name and address and permit number. (2) Permit number.of hauler, if not employee of shipper. (3) Point of origin of shipment. (4) Tanker identity number. (5) Name of product::-. (6) Weight of product. (7) Grade of product. (8) Temperature of product. (9) Date of shipment. (10) Name of supervising health authority at the point of origin. (11) Whether the contents are raw, pasteurized, or otherwise heat treated. Such statement shall be prepared in triplicate and shall be kept on file by the shipper, the consignees, and the carrier for a period of 6 months for the information of the health authority. The labeling information which is required on all bottles, containers, or packages of milk or milk products shall be in letters of an acceptable size,kind and color satisfactory to the health authority and shall contain no marks or words which are misleading. b'Section 21-8. Inspection of Dairy Farms and Milk Plants. "Each dairy farm, milk plant, receiving station, and transfer station whose milk or milk products are .intended for consumption within The City of Beaumont shall be inspected by the health authority prior to the issuance of a permit. Following the issuance of a permit, each dairy farm and transfer station shall be inspected at least once every six (6) months and each milk plant and receiving station shall be inspected at least once every three (3) months. Should the violation of any requirement set forth in Section 21-10 be found to exist, a second inspection shall be required after the time deemed necessary to remedy the violation, but not before 3 days; the reinspection shall be used to determine compliance with the requirements of Section 21-10. Any violation - 9 - of the same requirement of Section 21-10 on such reinspection shall call for permit suspension in accordance with Section 21-5 and/or'court action. One copy of the inspection report shall be handed to the operator, or other responsible person, or be posted in a conspicuous place on an inside wall:of.the establishment. Said inspection report shall not be defaced and shall be made.available to the health authority upon request.' An identical copy of the inspection report shall be filed with the records of the health authority. Every milk producer, hauler, distributor, or plant operator shall, upon request of the health authority, permit access of officially designated persons to all parts of his establishment or facilities to determine compliance with the provisions of this Chapter.:f�o A distributor or plant operator shall furnish the health authority, upon request for official use only, a true statement of the actual :quantities of .th-e milk and milk products of each grade purchased and sold, and a list of all sources of such milk and'milk products,records of. inspections, tests, and pasteurization.time and temperature records. It shall be unlawful for any person who in an official capacity obtains any information under the provisions of this r-Chapter.r; which is entitled to protection as a trade secret (including information as to quantity, quality, source of disposition of milk or milk products, or results of inspections or tests thereof) to.use such information to his own advantage or to reveal it to any unauthorized person. "Section 21-9. The examination of milk and milk products. "During any consecutive 6 months, at least four samples of raw milk for pasteurization shall be taken from each producer and four samples of raw milk for pasteurization shall be taken from each milk plant after receipt of the milk by the milk plant and prior to pasteurization. In addition, during any consecutive 6 months, at least four samples of pasteurized milk and at least four samples of each milk product defined in this �-'ChAp.terc shall be taken from every milk plant. Samples of milk and milk products shall be taken while in possession of the producer or distributor at any time prior to final delivery. Samples of milk and milk products from dairy retail stores, food service establishments, grocery stores, and other places where milk and milk products are sold shall be examined periodically as determined by the health authority; and the results of such examination shall be used to determine compliance with Sections 21-3, 21-7 and 21-15. .Proprietors of such establishments shall furnish the health authority, upon -his re -quest with the names of all distributors from whom milk or milk products are obtained. Required bacterial counts and cooling temperature check s shall be performed on raw milk for pasteurization. In addition, antibiotic tests on each producer's milk or on commingled raw milk shall be conducted at least four times during any consecutive 6 months. When commingled milk is tested, all producers shall be represented in the sample. All individual sources of milk shall be tested when test results on the commingled milk are positive. RegUred bacterial counts, coliform determinations, phosphatase and cooling temperature checks shall be performed on pasteurized -milk and milk products. - 10 - 4. f Ilk)i Whenever two of the last four consecutive bacteria counts, coliform determinations, or cooling temperatures, taken on separate days, exceed the limit of the standard for the milk and/or milk products, the health authority shall.send a written notice thereof to the person concerned. This notice shall be in effect so long as two of the last four consecutive samples ...... exceed the limits of the standard. An additional sample shall be taken within 14 days of,the .7 sending of such notice but not before the lapse of 3 days. Immediate suspension of permit in accordance with Section 21-5 and/or court action shall be.instituted whenever the standard is violated by three of the last five bacteria counts, coliform determinations or cooling temperatures. Whenever a phosphatase test is positive, the cause shall be determined. Where the cause is .improper pasteurization, it shall be corrected; and any milk or milk product involved shall not be offered for sale. Samples shall be analyzed at an official or appropriate officially designated laboratory. All sampling procedures and required laboratory examinations shall be in substantial compliance with the 11th Edition 1960 of Standard Methods for the Examination of Dairy Products of .the American -Public Health Association, and the 10th Edition 1965 of Official Methods of Analyses of the Association .of Official Agricultural Chemists. Such procedures and examinations shall be evaluated in accordance with the methods of evaluating milk laboratories recommended by the U. -S. Public Health Service. Examinations and tests shall be conducted to detect adulterants, including pesticides, as the health authority shall require. Assays of vitamin D milk or milk products and/or fortified milk . and milk products shall be made at least annually in a laboratory acceptable to the health authority. "Section 21-10. Chemical, bacteriological and temperature standards. "All Grade A raw milk for pasteurization and all Grade A pasteurized milk and milk products shallbe produced, processed, and pasteurized to conform with the following chemical, bacterio- logical, and temperature standards, and the sanitation requirements of this section. No process or manipulation other than pasteurization,.proces.sing methods integral therewith, and appropriate refrigeration shall be applied to milk and milk products for the purpose of removing or deactiviating microorganisms. CHEMICAL, BACTERIOLOGICAL, AND TEMPERATURE STANDARDS FOR GRADE A MILK AND MILK PRODUCTS Grade A Raw Milk for Pasteurization Temperature - Cooled to 50°F. or less and maintained thereat until processed. Bacterial limits — Individual producer milk not to -exceed 100,000 per ml. prior to comingling with other producer milk. Not exceeding 300,000 per ml. as comingled milk prior to pasteurization. Antibiotics - No detectible antibiotic residues. Grade A.pasteurized milk and -milk product's (except cultured products) Grade A pasteurized cultured products Temperature - Cooled to 450F. or less and maintained thereat. Bacterial—limits- Milk and milk products - 20,000 per ml. Coliform limit - not exceeding 10 per ml. Phosphatase-L:o.ssL.:t.han.l_zn 'c;rogran per ml._by,Scharer Rapid Method. (or equivalent by other means) Temperature— same as above Coliform limit - Do. Phosphatase - Do. Bacterial limits - Exempt. "Section 21-11.. Sanitation Requirements for Grade A raw milk for pasteurization. "Item lr. Abnormal milk. Cows which show evidence of the secretion of abnormal milk in one or more quarters based upon bacteriological, chemical, or -..physical examination, shall be milked.last or with separate equipment,;and the milk shall.be discarded.. Cows treated with, or cows which have consumed chemical, medicinal or radioactive agents which are capable of being secreted in the milk and which, in the judgment of the health authority,may be deleterious to human health, shall be milked last or with separate equipment, and the milk disposed of as the health authority may direct. "Item 2r. Milking barn stable or parlor construction. A milking barn, stable, or parlor -shall be provided on all dairy farms in which the milking herd shall be housed during milking time operation; 'The areas used for milking purposes shall (1)'Yi.ave..floors constructed of concrete or equally impervious material; (2) have walls and ceilings which are smooth, painted,or finished in an approved manner, in good repair, -,ceiling dustight; (3) have separate stalls or pens for -horses, calves; and bulls; (4) be provided with natural and/or artificial. light, well distributed for day and/or night milking; (5) -.provide sufficient airspace and air cirdulation to prevent condensation and excessive odors; (6)-nbt be overcrowded; and (7) have d-a.sttight covered boxes or bins.; or separate storage .facilities for ground, chopped,•or concentrated.feed. °`Item 3r.M king barn, stable, or parlor cleanliness. The interior,.shall be kept clean. Floors, walls, windows, pipelines, and equipment shall-be'free of filth and/or litter and. shall be clean. --Swine and fowl shall be kept. out of the milking barn. f - 12 - 11Item 4r Cowyard. The cowyard shall be graded and drained and shall have no standing pools of water or accumulations -of organic wastes: Provided, that in loafing or cattle -housing areas, cow droppings and soiled bedding shall be -removed, or clean bedding added, at sufficiently frequent intervals to prevent the soiling of the cow's udder and flanks. Waste feed shall not be allowed to accumulate. Manure packs shall be properly drained and shall provide a reasonably firm footing. Swine shall be kept out of the cowyard. "Item 5r. Milkhouse or room construction and facilities. A milkhouse or room of sufficient size shall be provided, in which the cooling, handling, and storing of milk and waning, sanitizing, and -storing of milk containers and utensils shall be conducted. The milkhouse shall be provided with a smooth floor con- structed of concrete or equally impervious material graded to drain and maintained in good repair. Liquid waste shall be disposed of in a sanitary manner; all floor drains shall 'be accessible and shall be trapped if connected to a sanitary sewer system. The walls"and ceilings shall be constructed of smooth material, in good repair, well painted, or finished in an equally suitable manner. The milkhouse shall..have adequate natural and/or.artificial light and be well ventilated. The milkhouse shall be used for no other purpose than milkhouse operations: there shall be no direct opening into any barn, stable, or into a room used for domestic purposes: Provided, that A direct opening between the milkhouse and milking barn, stable, or parlor is permitted when a tight -fitting self. -closing solid door(s) hinged to be single or double acting is provided. Water under pressure shall be piped into the milkhouse. The milkhouse shall be equipped with a two-compartment wash vat and.adequate hot water heating facilities. When a transport tank is used for the cooling and storage of milk on the dairy farm, such tank shall be provided with a suitable.shelter for the receipt of milk. Such shelter shall be adjacent to, but not a part of, the milkroom and shall comply with the requirements of the milkroom with respect to construction, light, drainage, insect and rodent control, and general maintenance. "Item 6r. Milkhouse or room cleanliness. The floors, walls, ceilings, windows, tables, shelves, cabinets, wash vats, non -product contact surfaces of milk containers, utensils, and equipment, and other milkroom equipment shall be clean. Only articles directly related to milkroom activities shall be permitted in the milkroom. The milkroom shall be free of trash, animals, and fowl. - 13 - r 'Item 7r.' Toilet. Every dairy farm shall be provided with one or more toilets, conveniently located and properly constructed, operated, and maintained in a sanitary manner. The waste shall be inaccessible to flies and shall not pollute the soil surface or contaminate any -water -supply. "Item 8r. Water suDDl Water for milkhouse and milking operations shall be from a supply properly located, protected, and operated; and shall be easily accessible, adequate, and of a safe, sanitary quality. "Item 9r. Utensils and equipment construction. All multiuse containers, equipment and utensils used in the handling, storage, or transportation or milk shall be!made of smooth, non-absorbent, corrosion -resistant,.nontoxic materials, and shall be so constructed as to be easily cleaned. All containers, utensils, and Equipment shall be in good repair. All milk.pails used'for hand milking and stripping shall be -seamless and of the hooded type. Multiple -use woven material shall not be used for straining .milk. All single -service. -articles shall have been manufactured packaged,.transported, stored,.and handled in a sanitary manner and shall comply with the applicable requirements of item llp. of this section. Articles intended for.single- service tse shall n®t be reused. Farm holding/cooling tanks, welded sanitary piping, and transportation tanks shall comply with the applicable regtnrements of items 10p and llp of this section. "Item l0r. Utensils and equipment cleaning. The product -contact surfaces of all multiuse containers, equipment, and utensils used in the haridling,storage, or transporation of milk shall be cleaned after each usage. "Item llr..Utensils and equipment sanitization. The product -contact surface of all multiuse containers, equipment, and utensils used in the handling, storage, or transportation of milk shall be sanitized before each usage. ."Item 12r. Utensils and equipment storage. All containers, utensils and equipment used in the handling, storage or transportation..of milk, -unless stored in sanitizing solutions, shall be stored .to assure complete drainage, and shall -be protected from contamination prior to use. "Item 13r. Utensils and equipment handling. After sanitization, all.containers, utensils, and equipment shall be handled in such.manner'as to prevent contamination of any product -contact surface.. 14 - 11Item 14r. Milking flanks, udders, and teats. Milking shall be done in the milking barn, stable, or parlor. The flanks, udders, bellies, and tails of all milking cows shall be free from visible dirt. All brushing shall be completed prior to milking. The udders and teats of all.milking cows shall be cleaned and treated with a sanitizing solution just prior to the time of milking, and shall be relatively dry before milking. Wet hand milking is prohibited. 1°Item 15r. Milking surcingles, milk stools and antikickers. Surcingles, milk stools and antikickers shall be kept clean and stored above the floor. "Item 16r. Milking transfer and protection of milk. Each pail or container of milk shall be transferred immediately from the milking barn, stable, or parlor to the milkhouse. No milk shall be strained, poured, transferred, or stored unless it is properly protected from contamination, 1°'Item 17r. Personnel hand washing facilities. There shall be adequate hand -washing facilities, including running water, soap or detergent, and individual sanitary towels, in the milkhouse and in or convenient to the milking barn, stable, or parlor. P°Item 18r. Personnel cleanliness. Hands shall be washed clean and dried with an individual sanitary towel immediately before milking, before performing any,milkhouse function, and immediately after the interruption of any of these activities. Milkers and milk haulers shall wear clean outer garments while milking or handling milk, milk containers, utensils, or equipment. "Item 19r. Cooling: Raw milk for pasteurization shall be cooled to 500F. or less within 2 hours after milking and shall be maintained at that temperature until delivered. "Item 20r. Vehicles— Vehicles used to transport milk in cans from the dairy farm to the milk plant or receiving station shall be constructed and operated to protect their contents from sun, freezing, and contamination. Such vehicles shall be kept clean, -inside and out; and. no substance capable of contaminating milk shall be transported.with-milk.. "Item 21r. Insect and rodent control. Effective measures shall be taken to prevent the contamination of milk containers, equipment, and utensils by insects and rodents, and by chemicals used to control such vermin. Milkrooms shall be free of insects and rodents. Surroundings shall be kept neat, clean, and free of conditions which might harbor or be conducive to -.the breeding of insects and rodents. - 15 - 3-5--P61F "Section 21-12. Sanitation Requirements for Grade A Pasteurized Milk and Mik Products. A receiving station shall comply with items 1p to 15p, inclusive, and 17p,20p and 22p, except that the partitioning requirement of item 5p shall not apply. A transfer station shall comply with items 1p,4p,6p,7p,8p,9p, 10p,llp,12p,14p,15p,20p and 22p; and as climatic and operating conditions require, the applicable provisions of items 2p and 3p; Provided; that in every case, overhead protection shall be provided. Facilities for the cleaning and sanitizing of bulk transport tanks shall"..comply with items 1p,4p,6p,7p,8p,9p3lOp311p,12p314p,15p32Op3 and 22p; and as climatic and operating conditions require, the . applicable provisions of items 2p and 3p;'Provided, that in every case overhead protectinn shall,be provided. "Item 1p. Floors construction. The floors of all rooms in which milk or milk products ...are processed, handled, or stored, or in which milk containers, equipment,.and utensils are washed, shall be constructed of concrete or other equally impervious and easily cleaned material; and shall be smooth, properly sloped, provided with trapped drains, kept in good rep.air;'Provided, that cold -storage rooms -used for storing milk and milk products need not be provided with floor drains when the floors are sloped to drain to one or more exi.ts;'Provided further,.that storage rooms for storing dry ingredients and/or packaging materials need not be provided with drains; and the floors may be constructed of tightly joined wood.. "Item 2p. Walls and ceilings construction.. Walls and ceilings of rooms in. which milk or milk products are handled, processed or stored or in which milk containers, utensils, and equipment are washed, shall have a smooth, washable, light colored surface, in good repair. "Item 3p. Door and windows. Effective means shall be provided to prevent the access of flies and rodents. All openings to the outside shall have solid doors or glazed windows which shall be closed during dusty weather. "Item 4p. Lighting and ventilation. All rooms in which milk and milk products are handled, processed, or stored and/or in which milk containers, equipment and utensils are washed shall be well lighted and well ventilated. "Item 5p. Separate Rooms. There shall.be separate rooms for (1) pasteurizing,processing, cooling and packaging; (2) cleaning :o.f milk cans and bottles. In addition, plants receiving milk in.bulk transport tanks shall provide for cleaning and sanitizing facilities. Unless all milk and milk products.are received in bulk'transport tanks, a receiving room, separate from rooms,(1) and (2) above shall be required. Rooms in which milk or -milk products are handled, processed, or stored or in which milk containers, Utensils and equipment are washed or stored shall not open directly into any stable or any room used for domestic purposes. - 16 - "Item 6p.'Toilet sewage disposal facilities. 3 `"54914 Every -milk plant shall be provided with toilet.facilities -conforming with the ordinances of The City'of Beaumont. .Toilet rooms.shall.not open directly.into'any room in which milk and/or.milk products are processed. Toilet rooms shall be completely.ericlosed and.shall'have tight- fitting,self-closing-doors. Dressing rooms, toilet rooms and fixtures shall b'e kept in a clean condition, in good repair, and shall be well ventilated and well 'lighted. Sewage and other jiquid wastes shall be disposed of in a sanitary manner. "Item 7p. Water'svnply. Water for.milk-plant purposes shall be from a supply properly located, -protected; and; operated, and shall be easily accessible;: adequate, and of a safe, sanitary quality. "Item 8p. Hand washing facilities. Convenient hand-washing=facilities shall be provided, including hot and.cold-and/or Warm running water, soap, and individual sanitary to'els or other approved hand - drying devices. Hand -washing -.facilities shall be kept in a clean condition and in'good repair. "Item 9p. Milk plant cleanliness. All rooms in -which milk and milk products are handled, pro= cessed, or stored, and/or'.in which containers, utensils, or equipment are washed or stored,shall be kept .clean, neat, and free of evidence of insects and rodents.'Pesticides shall be safely used. Only equipment directly related to' . processing operations or to the handling of containers, uten- sils, and equipment shall be permitted in the pasteurizing,'. processing, packaging, and bulk milk storage rooms. "Item ,lOp. _ Sanitary piping. All sanitary piping; fittings, and connections which are exposed to milk and milk.products, or from which liquids may drip, drain, or be drawn into milk.or milk products shall consist of smooth, impervious;.corrosion-resistant; nontoxic,. easily cleanable material. All piping -shall be in good repair. -Pasteurized milk and milk products shall be conducted from one piece of equipment to another only -through sanitary piping:, 'Item 11p. Construction and repair of containers and equipment. All multiuse containers and equipment with which milk or milk products come into contact shall'be of smooth,: impervious, corrosion -resistant, nontoxic material; shall be constructed for ease of cleaning; and shall-be.kept in good.'repair. All single -service containers, closures, gaskets, and other articles with which milk or milk products come in contact shall be nontoxic,and shall have been manufactured, packaged, transported,-•and,handled in a sanitary manner. Articles intended for.single-'service use shall not be reused. - 17 "Item 12p. Cleaning and sanitizing of'containers and equipment. The product-contact.surfaces-of all multiuse containers, utensils, and equipment used in the transportation, pro- cessing, handling, and storage of milk'and milk products shall be effectively cleaned and shall be sanitized before each use. "Item 13p: -Storage of cleaned containers and equipment. After cleaning, all multiuse milk or milk product containers, utensi.ls,.and Equipment shall be transported and stored to assure complete drainage, and shall be protected from contamination before use. "Item 14p. Storage of single -service containers, utensils and materia - 8. Single -service caps, cap stock, parchment paper, containers, gaskets, and other single -service articles for use in contact with milk and milk products shall be purchase and stored in sanitary tubes, wrappings, or cartons; shall be kept -therein ina clean, dry place until used; and shall be handled in a sanitary manner. "Item 15p. Protection from contamination. Milk plant operations,equipment, and facilities shall be located and conducted to prevent any contamination'of milk or milk products, ingredients, equipment, containers, and utensils. All milk or milk -products or ingredients which have been spilled, overflowed.'., or leaked shall.be discarded. The processing or'handling -of products other than.milk and milk products in the pasteurization plant shall be performed to preclude the contamination of such milk and milk products. "Item 162. Pasteurization. Pasteurization shall be performed as defined in Section 21-1, Subsection 31. "Item 172. Cooling of milk. All raw milk and milk products shall be maintained at 500 F. or less until processed. All pasteurized milk and milk products, -except those to be cultured shall be cooled immediately in approved equipment to a temperature of 450 F. or less., All pasteurized milk and milk products shall be stored at a temperature of 450 F. or less and shall be maintained thereat until delivery. Every room or tank.'in which milk or milk products.are stored shall be equipped with an accurate thermometer. "Item 18p..' -Bottling . and packaging. Bottling and packaging of milk and milk products shall be done at the place -of pasteurization in approved mechanical equipment. "Item 19p. Capping. Capping or closing.of milk and mak product;. -,containers shall be done in a sanitary manner'by approved mechanical capping and/or closing equipment., The cap or closure shall protect the pouring lip to'at least its largest diameter. 3-5-A l L1 "Item. 20p. Personnel cleanliness. Hands shall be thoroughly washed before commencing plant functions and as often as.may be required to remove soil and contamination. No employee shall resume work after visiting the toilet room without thoroughly washing his hands. All persons engaged.in the processing, pasteurization, handling, storage, or transportation of milk, milk products, containers,.equipment and utensils shall wear clean outer garments.. The use of tobacco by any person engaged in the processing of milk or milk products is prohibited. "Item 21p. Vehicles. All vehicles used for transportation of pasteurized milk and milk products shall be constructed and operated so that the milk and milk products are maintained at'450F. or less, and are protected from sun, from freezing, and from contami- nation. "Item 22p. Surroundings. Milk.plant,� surroundings shall be kept neat, clean, and free from conditions which might attract or harbor flies, other insects, and rodents or which otherwise constitute a nuisance. "Section 21-13. Animal Health. "All milk for pasteurization shall be from herds which are located in a Modified Accredited Tuberculosis Area as determined by the U. S. Department of Agriculture: Provided, that herds located in an area that fail;: to maintdn such accredited status shall have been accredited by said Department as tuberculosis free, or shall have passed an annual tuberculosis test. All milk for pasteurization shall be from herds under a brucellosis eradication program which meets one of the following conditions: .L 1. Located in a Certified Brucellosis -Free Area as defined by the U. S. Department of Agriculture and enrolled in the testing program for such areas; or 2. Located in a Modified Certified Brucellosis Area as defiled by the U. S. Department of Agriculture and enrolled in the testing program for such areas; or 3. Meet U. S. Department of Agriculture requirements for an individually certified herd; or 4. Participating in a milk ring testing program which is conducted on a continuing basis at intervals of not less than every 3 months or more than every 6 months with individual blood tests on all animals in herds showing suspicious reactions to the milk ring test; or 5. Have an individual blood agglutination test annually with an allowable maximum grace period not exceeding 2 months. For diseases other than brucellosis and tuberculosis, the health authority shall require such physical, chemical, or bacterio- logical tests as he deems necessary. The diagnosis of other diseases in dairy cattle shall be based upon the findings 'Of'a licensed veterinarian or a veterinarian in the employ of an official agency. Any diseased animal disclosed by such test(s) shall be disposed of as the health authority directs. "Section 21-14. Milk and Milk Products Which May Be Sold "From the date on which this ordinance is adopted, only Grade A pasteurized milk and milk products shall. be sold to the - 19 - final consumer, or to restaurants, soda fountains, grocery stores, or similar establishments: Provided, That in an'emergency, the sale of pasteurized milk and milk products which -have not been graded,_ or the grade of which is unknown, may be authorized by the health authority; in -which case, such milk and milk products shall be labeled "ungraded". "Section 21-15. Transferring, Delivery Containers, Cooling. "Except as permitted in this section, no milk producer or distributor shall transfer milk or milk products from one container or tank truck to another on the street, in any vehicle, store, or in any place except a milk plant, receiving station, transfer station, or milk house especially used for that purpose. The dipping or ladling of milk or fluid milk products is prohibited. It shall be unlawful to sell or serve any milk or fluid milk product except in the individual, original container received from the distributor,.or fm m an approved biilk dispenser: Provided, That this requirement shall not apply to milk for mixed drinks requiring less than one-half pint of milk, or to cream whipped cream, or half and half which is consumed on the.premises and which may be served from the original container ofnot more than one-half gallon capacity, or from a bulk dispenser approved for such service by the health authority. It shall be unlawful to sell or serve any pasteurized milk or milk product which has not been maintained at a temperature of 450F. or less. If.containers of pasteurized milk or milk products are stored in ice, the storage container shall be property drained. "Section 21-16. Milk and Milk Products from ..Points Beyond the Limits of Routine Inspection. "Milk and milk products from points beyond the limits of routine inspection of the City of Beaumont or its police juris- diction may be sold in Beaumont, or.its:police jurisdiction provided they are produced and pasteurized under regulations which are substantially equivalent to this Ordinance and have been awarded an acceptable milk sanitation -compliance and enforcement rating made by a State milk sanitation -rating officer certified by the U. S. Public Health'Service.- "Section 21-17. Future Dairy Farms aria Milk:�Plants. "Properly prepared plans for all milkhouses, milking barns, stables, parlors, transfer stations, receiving stations, and milk plants under this Ordinance which are hereafter constructed; reconstructed, or extensively altered, shall be submitted to the health authority for written approval before work is begun. "Section 21-18. Personnel Health. "No persnn affected with any disease in a communicable form, or while.a carrier of such disease, shall work at any dairy farm or milk plant in any capacity which brings him into contact with the production, handling, storage, or transportation of milk, milk products, containers, equipment, and utensils; and.no dairy farm or milk plant operator shall employ in any such capacity any such person, or any person suspected of having any disease in a communicable form, or of being a carrier of such disease. Any. - 20 - producer or distributor of milk or milk products, upon whose dairy farm or.in whose milk plant any communicable disease occurs, or who suspects than any employee has contracted any disease in a communicable form, or has become a carrier of such disease, shall -notify the health authority immediately. "Section 21-19. Procedure When Infection is Suspected. "When reasonable cause exists to suspect the possibility of transmission of infection from any person concerned with the handling of milk and/or milk products, the health authority is authorized to require any or all of the following measures; (1) the immediate exclusion of that.person from milk handling; (2) the immediate exclusion of the milk supply concerned from distribution and use; and (3) adequate medical and bacteriological examination of the person, of his associates, and of his and their body discharges. II. Any person who violates or fails to comply with any provisions of this ordinance shall, upon conviction, be punished as provided in Section 1-8 of the Code of Ordinances of Beaa.mont, Texas. If any section, subsection, sentence, clause or phrase of this ordinance, or the application of same to a particular set of persons or circumstances should for any reason, be held invalid, such invalidity shall in no wise affect the remaining portions of this ordinance, and to such end the various provisions of this ordinance are declared to be severable. IV. That all ordinances and parts of ordinances in conflict herewith are hereby repealed. PASSED by the City Council this day of 1968. /� - Mayor - t