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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 J 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