10497ORDINANCE NO. 10,497
AN ORDINANCE TO REGULATE THE RECEIVING AND SALE OF OTHER -
SOURCE RAW -TO -PLANT MILK; OTHER- SOURCE GRADE "A" PASTEURIZED
MILK AND MILK PRODUCTS; DEFINING OTHER - SOURCE RAW -TO -PLANT
MILK, OTHER- SOURCE GRADE "A" PASTEURIZED MILK AND MILK PRO-
DUCTS ETC.; REQUIRING WRITTEN AUTHORIZATION TO RECEIVE OR
SELL OTHER - SOURCE MILK; PROVIDING INSPECTION FEES FOR OTHER -
SOURCE MILK; PROVIDING A PENALTY FOR VIOLATION, DECLARING
AN EMERGENCY, AND FOR OTHER PURPOSES.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LITTLE ROCK,
ARKANSAS:
SECTION 1. Definitions. The following definitions shall
apply in the enforcement and interpretation 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 No. 9961.
B. Other- Source Grade A Pasteurized 1ilk and Milk Products.
Other - source grade A pasteurized milk and milk products shall
mean the same grade A pasteurized milk and milk products as de-
fined in Ordinance No. 9961 except they are pasteurized or pro-
cessed in plants beyond the limits of inspection of the Little
Rock Health Department and for which no permits on said plants
have been issued under Section 3 of Ordinance No. 9961.
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.
D. Person. The word person shall mean any individual, partner-
ship, corporation, company, firm or association.
E. Health Officer. Health Officer shall mean the Health Officer
of the City of Little Rock, Arkansas or his authorized representative.
SECTION 2. Itshall 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 the City of Little Rock any
other - source grade A pasteurized milk or milk products unless
specifically authorized in writing by the Health Officer.
SECTION 3, 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 the City of
Little Rock, Arkansas shall make 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 pro-
visions which are the same 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 certi-
fication 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 author-
ized 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.
SECTION 4. Inspection Fees. The inspection fees herein pro-
vided for in this section shall be paid to the City Collector on
or before the 10th day of each month and shall be in addition to
any and all other inspection fees paid to the City Collector under
Ordinance No. 9126. Any person receiving other - source raw -to -plant
milk shall pay an inspection fee of one and one half cents (1!¢),
on each 100 lbs, of other - source raw -to -plant milk received, and
any person selling or receiving other - source grade A pasteurized
milk or milk products shall pay an inspection fee of two cents (2f)
per 100 lbs. of grade A pasteurized milk or milk products received
and /or sold.
The amount of other - source milk, and fees paid thereon, shall
be reported and paid to the City Collector on separate forms and
checks from any other inspection fees paid to the City Collector
and a duplicate copy of the report mailed to the Health Officer.
The City Collector shall keep a separate account of inspection
fees received from all persons on other - source milk and all receipts,
issued for monies received from persons paying inspection fees on
other - source milk, shall be marked "Other- Source Milk Fees ".
The inspection fees herein provided for shall be used only
for paying the cost of making investigations and surveys, subsequent
to the original, of other - source milk supplies, the inspection of
trucks at points of delivery, checking temperatures, collecting
and testing samples of other - source milk and milk products, and for
all other purposes of keeping the Health Officer informed on the
quality of the other - source milk.
When the funds on hand become sufficient to meet all require-
ments of the cost of inspecting and testing the other - source supply,
the payment of fees, herein provided for, may be waived by the
Health Officer, until such time as needed to provide additional
funds to meet any further or additional costs.
If at any time the person to whom permission has been granted
to receive and /or sell other - source milk notifies the Health Officer
in writing the other - source supply is to be discontinukd; the un-
committed balance of the amount paid to the City Collector, by
said person, shall be refunded in full.
SECTION 5. The Health Officer is hereby authorized to investi-
gate the correctness, accuracy, and completeness of all reports and
records of all persons receiving and /or selling other - source milk
and milk products and for that purpose shall have access at all
reasonable times to all records bearing on the amount of other -
source milk and milk products received and /or sold.
SECTION 6. Any person violating the provisions of this
Ordinance, upon conviction thereof, shall be fined not less than
twenty five dollars ($25.00), nor more than one hundred dollars
($100.00), and each day of such violation shall constitute a
separate offense.
SECTION 7. All ordinances or 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
milk being consumed by them be adequately inspected and since
the milk shed has had to be extended to fulfill the needs of the
citizens of Little Rock, an emergency is declared to exist and
this ordinance shall be in full force and effect immediately
upon its passage and approval.
PASSED: April 8, 1957
ATTEST:
City Clerk
APPROVED:
Mayor
C7
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SECTION 7. All ordinances or 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
milk being consumed by them be adequately inspected and since
the milk shed has had to be extended to fulfill the needs of the
citizens of Little Rock, an emergency is declared to exist and
this ordinance shall be in full force and effect immediately
upon its passage and approval.
PASSED: April 8, 1957
ATTEST:
City Clerk
APPROVED:
Mayor