4017ORDINANCE 110.
An Ordinance to Protect the Health of the
Citizens of Little Rock by Providing for
Milk and Dairy Inspection, and Providing a
Penalty for Violation, and for Other Purposes.
BE IT ORDAINED BY THE CITY COUNCIL OP THE CITY OF LITTLE ROCK:
Section 1. The Mayor of the City of Little Rock shall appoint,
and the City Council confirm, a Milk and Dairy Inspector, who shall
hold office for a period of two years, or until his successor is
appointed.
Section 2. It shall be the duty of the Milk and Dairy Inspector
to see that all of the laws relating to the inspection of milk and
dairies are enforced, and shall perform all the duties required of
him by the laws of this city and the orders of the Board of Health.
He shall make monthly written reports of the work done in his depart-
ment to the Board of Health and to the Hospital and Health Committee
of the City Council.
Section 3. The Mayor shall appoint, and the City Council confirm,
from time to time as may be required, assistants to the Milk and
Dairy Inspector.
Section 4. Each person, firm, or corporation desiring to sell
milk in the City of Little Rock shall make application to the Milk and.
Dairy Inspector for a permit for that purpose. Said application shall
state the estimated number of quarts of sweet milk produced daily;
the number of cows or goats giving milk; the number of cows or goats
dry; the morning and evening hours of delivery; the number of cows
inspected for tuberculosis in the past year; the number not inspected
in the past year; the estimated amount of cream sold daily; whether
a cream separator is ovmed or not; the location of the dairy, the
number of barns and sheds, and whether all have concrete floors or
not. The person, firm or corporation shall state on oath that all
milk sold in Little Rock as sweet milk shall be whole milk, with
nothing added to or taken from, except that if skimmed is sold it
will be plainly branded "skimmed milk ", and that all laws pertaining
to the protection of the -milk supply of the city will be complied
with. This statement shall be sued by the individual applying; or
if a firm by all members of the firm, and if a corporation by the
manager or president thereof. They shall furnish with said applica-
tion a list of their employees who handle milk and shall report new
employees to the Bilk and Dairy Inspector the first of each month,
Section 5. When said application is filed, the Wilk and Dairy
Inspector shall inspect the barns, sheds, stalls, and premises so
reported, and examine, inspect and test said cows for disease. If
he is satisfied that said barns, sheds, stalls, ana premises are
properly constructed and sanitary and that said cows are free from
injury or disease, he shall direct the City Collector to issue a
permit on payment of the inspection fee.
Section 6. Each creamery or pasteurizing plant desiring, to sell
milk in th e City o f Little Rock, eithe r retail or wholesale, shall
nuke application to the Milk and Dairy Inspector for a permit for
that purpose. Said application shall state the location of the plant;
the number of delivery wagons; the number of trucks; the estimated
receipts of sweet milk daily; the estimated sales of cream daily; the
number of separators and pieces of machinery in the plant; the temp-
erature to which the milk is heated; the length of time heat is
applied, and to what temperature it is cooled, The person, firm or
corporation shall state on oath that all milk sold as sweet milk shall
be whole mi l`r, with nothing added to or taken from, except that if
skimmed milk is sold that it will be plainly branded "skimmed milk"
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pertaining to the milk supply of the city will be
and that all laWE is statement shall be signed by the individual
complied With. TLh if a corpora,
applying; or if a firm, by all members of the firm, anal
t on b the manager or president thereof. ha d.leseilk :tarnish llirepoartd
i y
applicatioees tosthef 11ilkiandmDairyeInspector the first of each month*
new employ
Section 7. When said application is filed the :111k and Dairy
Inspector shall inspect the p�naiallestaPnof paste
urizationass
the operation of the machinery through
lie shall inspect the premises and ascertain if they are kept in a
sanitary condition. When he is satisfied that the plant is sanitary
and that its machinery is in good conditions the hi shallionrfee ,the City
Collector to issue a permit on payment
Section 8. To cover part of the cost of inspection the following
fees shal be charged. One cow dairy in city limits where no milk
is sold, 4250; one cow dairy in city limits where milk i is sodair45.0
i
goat dairy n city limits where no milk is so in
city limits where milk is sold, 'oentsopareadebeyondiforty ;oats;
minimum fee 410.00 and twenty-five
dairies outside of city minimum fee p10.00 and 01.00 per head beyond
ten cows. Additional cows and goats bought shall be reported and fee
paid on the first of each month after purchase. For the first six
months after June 1st the fee for additional orgoatswboughtoafteroDecember
shall be same as of June let, but
1st shall be added to herds at one -half fee.
Section 9. T$.�:rrt °f t'he 40rt o::ia,c.i�o.af creamer-~
lams , the owing , feea,, shall be charged Minimum
aud....p teuria gag p gip,_; -ax 1 tra.eks #4500o.
Section 10. It shall be unlawful for any one to buy sweet milk
and sell it or the cream therefrom
un�� bought hard afo�erd
for which a permit has been issued,
which a permit has not been issued must be pasteurized before being
sold.
Section 11. Any person, firm or corporation who sells milk in
any way in the City- of Little Rock produced from cows not included in
the permit as provided for in this ,eptrdi�edcan.d or from
in barnsetsheds,
so included or not, which
stalls or premises included Wafter �ovided. for in this
ordinance, shall be p unished as
Section 12. No parson, firm or corporation shall sell within the
City, any milk which contains more than 87.5 per cent of eater, or
less than 3.5 per cent of butter fat, and the specific gravity of
which at 60 degrees F. shall be lower than 1029 or hiaher than 1033.
Section 1.3. It shall be unlawful for any person, firm or corpora-
tion to sell as pure milk any milk from 1,1hiel the cream, or any par
thereof, has been hass been removed shall be plainly labeled and marked
air part thereof, marked
"skimmed milk",
Section 14. No person, firm or corporation shall sell within the
cit cream that contains less than 18 per cent butter fat or any
cream which is marked 11=1 cream or "whipping, cream" which contains
less than 30 per cent butter fat. -
Section 15. It shall be unlawful to sell within this city any
butter that is not made from pure milk or cream;
the same shall be
free from all chemicals or lawscofroth i
the United
respects with the req uirements
States of America.
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Section 16. Skimmed milk, or separated milk, that is sold within
this city shall contain not less than 9 per cent of milk solids exclus-
ive of butter f and. shall be
fain notplaessl'than 8.5dperkcentdo�mitlk solids
all buttermilk
exclusive of butter fat.
Section 17. No person, firm or corporation shall sell milk or cream
in this city produced from cows ,Yhich have not been tested by the 11ilk
and Dairy Inspector or a qualified veterinarian with tuberculin for
tuberculosis, and certificate furnished by such aforesaid veterinarian,
after June lst, 1926, and such test prescribed shall be made at least
once each year, provided, that the official test of the United States
government be recognized; that is, where the 'United. States government
has tested an animal, such test shall be recognized in the City of
Little Rock for a period of one year from the date of such testing-.
Section 18. The Inspector, or his assistant inspectors, shall
have the right at any time to enter, examine and inspect any clai zy ,
creamery or pasteurizing plant, the owner of which sells milk in the
City of Little Rock, and to examine, inspect and test for disease any
cow connected with or belonging to the oi-mer or proprietor of such dairyo
For any interference with or hindrance of the said inspector or assis-
tants, by the oviner, proprietor or agents, the permit pmvided for
by this ordinance shall be, upon conviction in municipal court, for-
feited; any person so hindering or preventing said inspector or
assistants from making such inspection shall be punished as hereinafter
provided.
Section 19. It shall be unlawful to sell within this city, milk
from cows suffering from injury and disease % ^,Ihich would affect the milk,
especially diseases which are eommanicable to man or produce elevation
of systemic temperature, such as tuberculosis, anthrax, Texas fever,!
pneumonia, parturient apoplexy (milk fever), malignant catarrh, aud. all
such diseases, as well as diseases of the udder.
Section 20. No milk shall be used from a dairy, the owner of
i °:hieh sells or in any manner disposes of milk in this city , unless
cows have been tested by the IaLk and. Dairy Inspector or his assist-
ants, with tuberculin for tuberculosis, or by some qualified veter-
inarian satisfactory to the said inspector; provided, the government
test shall be recognized as provided for in Section 17. All cows so
tested shall be marked in the ear with a tag bearing a serial number
and the words "Little Rock, Ark. ", and such cow may be retested as
aforesaid as often as the inspector may deem it necessary. And it
shall be unlawful to sell or in any mar_ner dispose of milk in this
city from any cow which has not been so tested.
ddi "ftb�me All cows shall be
tested at least once each year.
i, Section 21. The Milk a,nd Dairy Inspector or his assistants shall
have the ri ;ht to enter and examine any place within this city where
mil:•-, is so ld, bartered, or o ffered. for sale or barter, and to inspect
and examine at any time and any pl. .we any of said milk, and said.
inspector or inspectors are-hereby given police power and authority.
Section 22o iach cow used in the production of milk for sale or
disposal in the City of Little Rock shall be allowed free movement
in the open air at least six hours each day, and the barns, sheds,
stalls or premises in which the cows are kept, fed and milked shall be
properly drained, lighted, ventilated and cleaned, as per instructions
of the inspector.
•
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Section 23. If upon inspection as provided for in this ordinance,
it is ascertained that arty mil: cas kept, o,Rrned or used in any dairy,
or on the premises of any dairymen ,rho sells or otherwise disposes of
milk in this city, has the disease of tuberculosis, it shall be the
duty of said inspector or assistants to notify the ovmer; provided,
that the otmer of any cow so found to have the disease of tuberculosis
shall have the rift to call a competent veterinarian, who, together
with the said inspector, shall select a third person, and the three
shall re- examine said cow or co;rs, and if a majority of those examin-
ing find that said covi or coves is or are so diseased, the same shall
be disposed of as hereinafter pivvided. And should a majority not so
find, then the said cow or cows shall not be so d.is posed of*
Section 24. It shall be the duty of the owner upon receiving
notice from the said inspector that a.-ay cow belonging to him or Ye r
and used in the dairy, or kept on his or her iiremises, is diseased
with tuberculosis, to immediately stop using or selling the milk from
sai d cow and ei the r kill or quarantine her, and k eep her quarantined
until said animal shall either be killed or found non - tuberculous by
the inspector.
Section 25. If ary owner of a dairy shall fail to kill or quar-
antine a tuberculous cow upon receipt of notice fron. the Milk and
Dairy Inspector or his assistants, and, after receiving said notice
sells or offers for sale within this city any milk or butter produced
from a cow or cows owned or used by him or her, which are fed or
milked in any of the barns, sheds, stalls or premises in which said
tuberculous cow or 001113 are kept or fed', or the milk of said tuber-
culous cow or cows, such action shall be punbhed as hereinafter
provided.
Section 26. Each wagon or truck used in the delivery of milk
shall have the name of the owner or proprietor and the number of the
permit under which the business is conducted, painted thereon in
prominent letters. All such vtagons shall be provided with covers*
and shall be neat and clean, the interior of such wagons or trucks
being scrubbed with soap and hot water at least twice per week, The
w %sons or trucks shall be kept neatly painted. No vegetable or
waste products shall at any time be hauled in any wagon or truck
used for the transportation of milk; except where said produce is
kept separated from the milk.
Section 27. Inspection fees shall be due and payable June 1st of
each year and shall be paid for a fall year. Ten days after June 1st
shall be allowed for filing of applications, payment of fees and
issuing of permits, after which time the sale of milk without a permit
shall be unlawful,
Section 28. Any person, firm or corporation conducting a dairy
depot, restaurant or other place in which milk is sold or otherwioe
disposed of in this city shall at all times maintain such place in a
strictly sanitary condition, to be open for inspection at all times
during business hours. All ice boxes and refrigerators in Which milk
is kept shall be and remain in a sanitary condition, said boxes o�
refrigerators to be drained according to the direction of the in-
spector. There shall be no closets, hoopens or quarters for animals
or fowls closer than one hundred feet from such dairy depot or place
where milk is sold. Provided, this shall not apply to a water closet
properly connected with the city sewerage system, and maintained in
a clean, sanitary condition,
Section 29. In addition to the rules and regulations hereinbefore
set out, all persons, firms or corporations selling or offflering to sell
milk in this city shall observe aril comply with the following re-
quirements:
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lst. 11ilk delivered to the customers of dairies or milk dealers
shall not be warmer than 65 degrees F. when it is delivered.
2nd. No milk shall be bottled except at a dairy or properly
equipped fro ip nsshall bdone room
screened lies, and the eceptacleshallbe kept clean.
3rd. No milk shall be strained in a barn or any other place
inhere the milk will be liable to become contaminated..
4th. Every dairy shall be provided with an aerator of approved
type, over which milk shall be poured as it is strained, said aerator
to be filled with cold water or ice.
5th, inistreams, cattle
pordsshall
oreother prohibited.
water that hrunning e found. that
contain
con-
taminated. with s e,,vage.
6th. Every cow shall have the teats and udder well cleaned before
each milking, and all milkers shall wear at each milking overalls or
clothing that are clean; each milker shall clean his or her hands
thoroughly with soap and hater immediately before milking.
7th. No milk shall be sold which contains more than 200,000
bacteria per cubic centimeter, ancl dairymen whose milk shall be found
continually contaminated with germs shall be suspended from selling
milk in the city, and not licensed to sell milk without permission
OIL the inspector. No milk shall be sold which has been pasteurized,
that contains more than 30,000 bacteria per cubic centimeter, and
such pasteurized milk shall not be re- pasteurized for the purpose of
lowering the number of bacteria or for preserving purposes, but shall
be kept at a temp eratare of not more than 50 degrees Fahrenheit after
leaving the pasteurizer and not higher than 65 degrees Fahrenheit on
delivery.
8th. All dairy barns shall be properly floored with cement, water
tight, and. the interior of every barn shall be given a coat of White-
wash within sixty days after the passage of this ordinance, and in the
month of Mv of each year thereafter.
9th. Every dairyman shall be required to keep his barn and. lot
where dairy is located free from manure; droppings from the cows being
gathered once daily, piled in an enclosure not closer than 100 feet
from the dairy barn, milk house or source of water supply, and said
lot and barn shall also be kept free from stagnant water and other
objectionable material. All fresh manure placed on the above men-
tioned heap to be properly limed. All wells, sprin gas , c is t erns ,
supplying water to the cows shall be so constructed or situated as to
satisfy the inspector that they are reasonably free from any source
of possible infection. Each dairy farm shall be provided with a
water closet or privy of sanitary type, approved by the inspector, It
where the discharge shall be thoroughly protected from the flies.
shall be unlawful for such water closet to be located on such premises
in such manner as to make possible the contamination of the water
supply or milk.
10th. Each dairy shall be provided with a properly constructed
milk house, provided with wire screens for doors and windows and
ample arrangements for heating water, aril shall not be used for any
other purpose than handling milk or milk products; said house shall
have a properly constructed sink, at which bottles, cans and other
utensils used in handling milk may be washed, and shall be provided
with a drain pipe carrying all waste water at least 100 feet from the
milk house, water supply and barn. Said milk house shall be at 1 eas t
fifty feet from any cow stall or stable.
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11th. All pasteurized milk or cream shall be labeled as such,
and the date of the pasteurization shall be marked on each container.
All homogenized milk or cream shall be labeled as such. All bottle
caps shall bear eeso dname
later the
thanat}e. day following�itsad.ate.ized
and dated shall b
12th. Any person, firm or corporation which receives any bottles or
milk product in cans, bottles or vessels, where such cans,
vessels are to be returned, shall cause the said cans, bottles or
vessels to be emptied before the said milk or cream, ice cream or
milk products contained therein shall become sour, and shall cause
said cans, bottles or vessels to be immediately washed and thoroughly
cleaned and aired, and after said. cans, bottles or vessels have been
returned to the producer or dealer in milk or milk pro duets , said.
dealer shall again thoroughly sterilize and cleanse containers before
again putting same into use. It shall be unlawful for any one engaged
in the dairy business to pick up from the consumer bottles which have
not been washed.
Section 30. It shall be unlawful on and after June 1st, 19269
for any retail cairyman or merchant to sell sweet milk, butter milk,
or cream when delivering the same in wagons or trucks over the city,
in arAy wary whatever, except in glass bottles, well and securely stop-
pered when it leaves the dairy. And it shall be unlawful for any
restaurant, hotel, confectionery store, lunch counter or wagon to
serve to a customer sweet milk, except in glass bottles well and
securely stoppered as it comes from the dairy. Provided, that this
section shall not apply to restaurants, hotels and bakeries, so far
as purchasing milk in bulk is concerned for uses other than serving
a customer as milk. Provided, further, this section shall not apply
where milk is being delivered to houses where there are infectious
diseases, and all persons receiving milk on arty such premises shall
furnish proper receptacle into which the milk shall be poured.
Section 31. The salary of the Bilk and Dairy Inspector shall be
�18p.00 per month, and. the salary of all assistant inspectors shall
be x100.00 per month, each.
Section 32. It shall be unlawful for arw one except a dairyman
holding a permit to sell sweet milk or butter milk at the Curb Market
or elsewhere in the city.
Section 33. The "Ulk and. Dairy Inspector shall, before entering
upon his duties, give a good. and. sufficient bond to the City of
Little Rock, in the sum of 41,000, conditioned upon the faithful
performance of his duties; and every assistant inspector shall give
bond in the sum of 4500. The inspectors shall deposit with the City
Collector all money collected at the end of each month, with a state-
ment shoving from whom and for what purpose collected.
Section 34, dhen a sample of sweet milk tests lower than standard
in butter fat, the I'.iilk arA Dairy Inspector shall obtain another sam-
ple before the result of the test is announced. If it also tests low,,
the Ifilk and Dairy Inspector shall go to;the dairy and. obtain a sample
direct from the cows, which shall then be tested. If the result leads
him to believe that the milk is being diluted with skimmed milk or
some other substance contrary to this ordinance, he shall report his
findings to the Hospital and Health Committee of the Co-ar_ei1 who shall
investigate and report to the Council. The Council may suspend tempo -
rarily or permanently the permit of the dairy if they are convinced
of law violation.
Section 354, When a sample of milk runs higher than the standard
in bacteria count, the 1Zlk and Dairy Inspector shell obtain another
sample before the test is amouneed. If it also runs high he shall
go to the dairy and endeavor to find. the cause of excessive bacteria.
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Unless the cause can be discovered and the coin -It reduced, he shall
report his findings to the Hospital and Health Committee of the
Council, who shall investigate and report their findings to the
Council. The Council may temporarily or permanently revoke the
permit of the dairy if requirements are not met.
Section 36. When a contagious disease, such as is sometimes
spread through an infected milk supply, appears in more than one
place on a dairy route, or if such contagious disease exists in the
dairyman's family or his employees, the Milk and Dairy Inspector or
Health Officer shall report same to the Hospital and Health Committee
of the Council, which committee shall have power to temporarily ex-
clude the milk of said dairy from sale in Little Rook,
Section 37. Every person desiring to keep one cow inside the
city limits of Little Rock, whether milk is sold or not, must have
the cow tested with tuberculin test at least once each year, and
shall have their premises inspected by the Milk and Dairy Inspector
or his assistants as often as may be deemed necessary.
Section 38. L17ery person, firm or corporation violating any
provision of this ordinance shall be deemed guilty of a misdemeanor,
and upon conviction in Manicipal Court, shall be fined not less than h
'10.00 nor more than X50.00 for each. offense, and the lieen,ge of
convicted person, firm or corporation may be revoked either by the
Manicipal Court or City Council-,
Section 39. This ordinance shall take effect and be in force
from and after June lst, 1926, and all ordinances or parts of ordi-
nances in conflict herevyith are hereby repealed*
Passed: 2 Approved:
Attest:
iktor
City Clerk.
amend Section 9 to read as follows: "To cover part of the
cost of inspection of creameries and pasteurizing plants, the
following fees shall be charged: Minimum fee 4100.00 annually,
two horse wagons, 17.50, as provided for in Ordinances 863 and
858; and trucks 4.5.00, as provided for in ordinances 2939 and.
3994.
Amen& Section 20 by striking out the following sentence:
'The owner of said cow or co;s so inspected for tuberculosis
shall pay the said inspector the sure of $3.00 for the first
cow inspected and twenty —five cents for each additional cow
at the time of inspection.,