12497ORDINANCE NO. 12,497
AN ORDINANCE TO PROVIDE THE NECESSARY INSPECTION FEES TO COVER
THE COST OF INSPECTING MILK PLANTS, PRODUCER - DISTRIBUTORS, OTHER -
SOURCE MILK PLANTS, OTHER - SOURCE PRODUCER - DISTRIBUTORS, PRODUCERS,
AND ANY OTHER PERSON INVOLVED IN PROCESSING AND /OR SELLING
FLUID MILK AND MILK PRODUCTS UNDER THE JURISDICTION OF THE LITTLE
ROCK HEALTH DEPARTMENT.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LITTLE ROCK, ARKANSAS:
SECTION 1. Ordinance Number 9126 and 10,497 are repealed in their entirety.
SECTION 2. Purpose and Intent.
A. In order to provide adequate funds for the operation of the fluid milk
division of the Little Rock Health Department, the plant inspection cost and fee structure described
herein shall be in effect immediately after enactment of this ordinance.
B. The intent of this ordinance is to collect a fee of 2� per 100 pounds of milk produced
by any person under the jurisdiction of the health officer and an additional 2� for each 100 pounds
of milk received and processed by a milk plant, or any other person except a producer - distributor,
and 4G per 100 pounds of milk produced and /or processed by a producer - distributor and a
comparable fee from any other person processing and /or selling milk products in on area under
the jurisdiction of the Little Rock Health Department. The minimum fee charged any person
except a producer shall be at least $100.00 per month plus $5.00 per sample analyzed by the
laboratory of the Little Rock Health Department. The minimum fee charged a producer shall be
$20.00 per year. It is the intent of this ordinance to not collect duplicate fees from two or
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more persons.
SECTION 3. Definitions. The following definitions shall apply in the enforcement
and interpretations of this ordinance.
A. Other - Source Raw -to -Plant Milk. Other - source raw -to -plant milk shall mean raw-
to -plant milk that is produced on dairy farms beyond the limits of inspection of the Little Rock
Health Department and by persons that do not hold a dairy permit as required by Section 3 of
Ordinance Number 12023.
B. Other - Source Grade A Pasteurized Milk and Milk Products. Other - source Grade A
pasteurized milk and milk products shall mean the same Grade A pasteurized milk and milk products
as defined in Ordinance Number 12023 except that they are pasteurized or processed by a person
beyond the limits of inspection of the Little Rock Health Department and for which no permit
has been issued under Section 3 of Ordinance Number 12023.
C. Other- Source Milk and Milk Products. Other - source milk and milk products shall
mean either or both products as defined in A and B above.
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D. Person. Person means any individual, partnership, corporation, association, or
other business unit. It shall include, but not be limited to, milk plants, other - source milk
plants, distributors, producer - distributors, other - source producer - distributors, or producers.
E. City Collector. City Collector shall mean the City Collector of Little Rock, Arkansas.
F. Health Officer. Health officer shall mean the health officer of the City of
Little Rock, Arkansas, or his authorized representative.
G. Under the Jurisdiction of the Health Officer. Under the jurisdiction of the health
officer shall mean the area of the corporate city limits of the City of Little Rock, Arkansas,
and any other area where the health officer has been legally delegated the authority to inspect
milk products or farms operated by producers.
H. Milk Plant. Milk plant means all of the buildings, premises, and facilities of a
plant in which milk is processed or packaged and from which any fluid milk products are
disposed of during the month and is located in an area under the jurisdiction of the health officer.
I. Other - Source Milk Plant. Other - source milk plant means the some thing as a milk
plant except it is located in an area not under the jurisdiction of the health officer.
J. Distributor. Distributor means any person other than a milk plant, or producer-
distributor, that purchases for resale milk products including, but not limited to, milk, cottage
cheese, sour cream, yogurt, dairy dips, and other milk products made from fluid milk that is
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processed and /or packaged by an,•other- source milk plant or other - source producer - distributor.
K. Producer - Distributor. Producer - distributor means any person that produces and
processes fluid milk from his own herd of cattle and is located in an area under the jurisdiction
of the health officer.
L. Other - Source Producer - Distributor. Other - source producer - distributor means any
person that produces and processes fluid milk from his own herd of cattle and is not Located in
an area under the jurisdiction of the health officer but sells milk products in an area under the
jurisdiction of the health officer.
M. Producer. Producer means any person that produces Grade A raw milk for
pasteurization under the jurisdiction of the Little Rock Health Department and sells it through
his agent or himself, to a milk plant, to a producer - distributor, or to any other person involved
in processing fluid milk under the jurisdiction of the health officer or not under the jurisdiction
of the health officer.
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N. Recombined Milk. Recombined milk is a product that results from the mixing of
water with concentrated skim or whole milk (liquid or powder) that restores it essentially to
its original form.
0. Milk Product. Milk products shall mean those products as defined in
Section 1.0 of Ordinance Number 12023.
SECTION 4. It shall be unlawful for any person to receive any other - source raw -to -plant
milk and it shall be unlawful for any person to sell or offer to sell in an area that is under the
jurisdiction of the health officer any other - source Grade A pasteurized milk or milk products
unless specifically authorized in writing by the health officer.
SECTION 5. Any person desiring to receive or sell other - source raw -to -plant milk or
any person desiring to sell other - source Grade A pasteurized milk or milk products in an area
under the jurisdiction of the health officer shall make written application to the health officer
for permission to receive or sell other - source milk.
Said application shall be accompanied by funds, adequate in amount including salary
of inspectors, to cover all costs to make a thorough investigation and survey of the other - source
supply. Upon receipt of an application, and adequate funds, to receive or sell other- source
milk, the health officer shall make a thorough and complete survey of the other - source milk
supply, and if it is found to be produced, and /or produced and pasteurized, under provisions
which are the some as, or substantially equivalent to, the milk control laws of the City of
Little Rock, Arkansas and which are enforced the same as, or with equal effectiveness as the
milk control laws of the City of Little Rock, Arkansas, and if certification requirements can be
met, the health officer may approve the application and authorize the other - source milk to be
received, and /or sold in the City of Little Rock, Arkansas. Otherwise, approval shall be denied.
The health officer shall keep an accurate account of all items of cost in making the
original investigation and surveys of the other- source supply, and shall immediately upon
completion of survey forward a copy of the cost account to the applicant together with a refund
of any funds in excess of the cost of the survey. In case the supply is approved, the health
officer is hereby authorized and directed to make any subsequent surveys he deems necessary
to satisfy himself of the grade and quality of the other - source milk, and that it has been and
will be handled in such manner as not to impair its wholesomeness and safety, and that it is being
acceptably certified. After the original inspection, a statement will be sent to the other- source
plant after each inspection is made showing all items of cost just the same as is done in the
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original inspection. The cost must be paid within 30 days.
SECTION 6. Inspection Fees.
A. All inspection fees herein provided for in this section shall be paid to the City
Collector during the following month, except annual fees due shall be paid in advance.
B. Milk Plants. Milk plants shall pay 2� per 100 pounds for all milk received to the
City Collector during the following month. Should a milk plant be authorized in writing to
produce recombined milk, it shall also pay 2� per 100 pounds on all such recombined milk. Milk
plants that process ice cream, cottage cheese, and other dairy products shall not pay the specific
fee charged to other persons for those products provided the 2C per 100 pounds charge amounts
to a larger amount of money than the total of all minimum charges that could be made to the
milk plant for all milk products handled. All milk plants must pay during the following month
a minimum fee of $100.00 per month plus $5.00 for each sample analyzed by the laboratory
of the Little Rock Health Department.
C. Other - Source Milk Plants. Other - source milk plants shall pay the some fee as milk
plants if selling products in the area under the jurisdiction of the health officer. They shall
pay the 2 � per 100 pounds sold in the area under the jurisdiction of the health officer or
the minimum charge of $100.00 plus $5.00 for each sample analyzed by the laboratory of the
Little Rock Health Department. The larger of the two sums shall be paid during the following
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month.
D. Distributor. All distributors shall pay the some fee that is required, of milk plants and
other - source milk plants unless the fees are required to be paid by another person and shall pay
them during the following month.
E. Producer - Distributor. A producer - distributor shall pay 4� per 100 pounds of milk
proauced and /or processed or a minimum charge of $100.00 per month plus $5.00 for each sampie
analyzed by the laboratory of the Little Rock Health Department. The larger of the two sums
shall be paid during the following month. Should a producer- distributor be authorized in writing
to produce recombined milk, it shall also pay 2� per 100 pounds on all such recombined milk.
F. Other - Source Producer - Distributor. Other - source producer - distributor shall pay the
some fees charged a producer- distributor.
G. Producer. Each producer shall pay during the following month either` directly,
through his marketing agent, or through the person he sells to as approved by the health officer,
2� for each 100 pounds of milk produced on his farm.
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SECTION 7.
A. Any person that purchases and /or sells cottage cheese for resale processed by an
other- source milk plant shall pay during the following month $25.00 per month plus $5.00 for
each sample analyzed by the laboratory of the Little Rock Health Department.
B. No charge is provided for the inspection of milk products such as yogurt, sour
cream, dairy dips, butter, margarine, and all other such products, except that, the health
officer shall be responsible for their inspection and shall make any reasonable charge for
laboratory analysis, not to exceed $5.00 per analysis, to any person selling such products if in
the judgment of the health officer there is a need for such analysis in order to protect the health
and welfare of consumers.
SECTION 8. It shall be the duty of the City Collector to notify the health officer of
any person who fails, neglects or refuses to pay the above fees within the specified time; and the
health officer is hereby directed and empowered to withdraw all inspection service from any
establishment until such fees are paid in full and to prohibit such persons from distributing,
buying, selling or otherwise handling milk products in the area under the jurisdiction of the
health officer.
SECTION 9. Any person, violating the provisions of this ordinance, upon conviction
thereof in Little Rock Municipal Court, shall be fined not less than twenty -five dollars ($25.00)
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nor more than one hundred dollars ($100.00) and each day of such violation shall constitute
a separate offense.
SECTION 10. The health officer is hereby authorized to investigate the correctness,
accuracy, and completeness of all reports and records of all persons performing any kind of
business with milk products and for that purpose shall have access at all reasonable times to all
records bearing on the amount of fees due or paid to the City Collector.
SECTION 11 . All ordinances and parts of ordinances in conflict herewith are hereby
repealed, and since it is necessary to the health, welfare and safety of the citizens of Little
Rock that the inspections provided for herein begin as promptly as possible and that revenue be
provided for paying inspectors, an emergency is hereby declared to exist and this ordinance shall
be in full force and effect immediately upon its passage and approval. Fees shall be collected
for the first full month following its passage and approval.
PASSED: June 7, 1971
ATTEST: poortz 4tal-ole
City Clerk
APPROVED:
Mayor