7358i
� yr.
AF
y ORDI TANCE NO. _
AN O �DIT�fAiTC�a DINT ING i�ROZLIT DESSERTS, ICS CREAT:L FLA ";TS,
COUNTER FREEZERS AZ ?D OTr ,EUi `1'RADE 1 ?AE S ZEGLLATIli Ti_TJJ
LAKUIFACTURI�, HAiTDLING, AHD SALE 0=i' i'ROZ11I DES
VIDING A PL%TAL`I'Y FOR VIOLATIOI`3, ITD lO R'' P ,AL
NO. 1709 and 5464.
BE IT ORDAINS D JBY �L'_1� CITY COUNCIL 0�� TI JT CI_ 'jr O1{
ANSAS:
SECTION 1. Definitions: The folk z;in�,
ERTS; PRO -
ORDINA ICES
LIT` `L'=. ROCK, ARK -
apply in the interpretation and enforcement of this ordinance:
(A) Frozen Desserts: Frozen desserts means ice cream, ice cream
mix, frozen malted milk, frozen custard, ice milk, milk sherberts,
ices, or ice sherberts, and imitation ice cream, when manufactured
for commercial purposes.
(B) Ice Cream: Ice cream means the pure, clean frozen product made
from a combination of two or more of the followin7 ingredients: 1' ilk
products, e ns, e ;�-. products, ti-rater, and sugar with. harmless flavor-
ing and with or without harmless coloring and with or without added
stabilizer composed of wholesome edible material. It contains not
more than one -half (.5 "') of one per cent by weight of stabilizer,
not less than ten (10) per cent by weight of milk fat, and not less
than eighteen (18%) per cent by weight of total milk solids; except
when fruit, fruit juices, nuts, cocoa, or chocolate, chocolate S -Vrup,
maple syrup, cakes, or confections or ot?,.er wholesome pure food pro-
ducts are used for the purpose of flavoring, then it shall contain
not less than ten (10;x) per cent by weight of milk fat and not less
than ei^-hteen ( 3r<) per cent by weight of total milk solids, except
for such reductions in milk fat and in total milk solids, as is due
to the addition of such flavoring, but in no such case shall it con -
tain less than eight (80) per cent by weight of milk fat nor less
than fourteen (14;0) per cent by weight ofi total milk solids. In no
case shall any ice cream contain less than one and six - tenths (1.6)
pounds of total food solids per gallon.
(C) Ice Cream I-,,ix: Ice cream mix is a product which results from
the mixture of pure clean dairy products, sugar and other products
allowed in the use of ice cream and with or without harmless flavor-
ing and coloring. In no case shall ice cream mix contain less than
ten (10;0) per cent by weir-_,ht of milk fat, and not less than ei, ht-
een�i (18') per cent by weight of total milk solids; except when
fruit, nuts, cocoa or chocolate, maple syrup, cakes or confections,
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are used for the purpose of flavoring, then it shall contain not
less than ten (loco) per cent by weight of milk fat and not less
than eighteen (180) per cent by weight of total milk solids, ex-
cept for such reduction in milk fat and in total milk solids, as
is due to the addition of such flavoring, but in no such caseshall
it contain less than eight (81%) per cent by weight of milk fat and
not less than fourteen (14 %) per cent by weight of total milk solids.
(D) Frozen K'alted L'_ilk: Frozen malted mill: means the pure, clean,
semi- frozen product made from the corr_bination of milk products,
malted milk and one or more of the following in�,redients: eggs,
sugar, dextrose, and honey, with or without f lavorin;-~ and coloring
and with or without edible gelatin or vel-etable stabilizer; and in
the manufacture of which, freezing has been accompanied by the agi-
tation of the ingredients. It contains not more than one -half (.5�)
of? one per cent by weight of edible gelatin or vegetable stabilizer,
and not less than three (3;0") per cent by wei^rht of milk fat, and
not more than ten (10 ") per cent by, weight of total milk solid,
and not less than one -half (.51' of one per cent by weight of
malted milk. In no case shall frozen malted milk contain less than
one and three tenths (1.3 lbs.) pounds of total food solids per gal-
lon.
(E) Fountain 1alted l;ilk: Fountain malted milk means the pure,
clean semi- frozen product made from the combination of milk pro-
ducts, malted milk and one or more of the following. inC-,redients :
eggs, sugar, dextrose, and honey, with or without flavoring and
coloring and with or without edible gelatin or vegetable stabili-
zer; and it contains not more than one -half (.511,o) of one per cent
by weight of edible gelatin or ver-,-etable stabilizer, not less than
four (4 �) per cent by weight of milk fat, not less than twelve
(12yo) per cent by weight of total milk solids, and not less than
one -half (.5%) of one per cent by weight of malted milk.
(F) Frozen Custards: Frozen custards means French ice cream,
French custard ice cream, ice custard, parfaits and similar frozen
products. Frozen custard is a clean wholesome product made from a
combination of two or more of the following ingredients: milk
products, eggs, water, and sugar with harmless flavoring and with
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or without harmless coloring; and with or without added stabili-
zers composed of wholesome edible material. It contains not
more than one -half (.5"') of one per cent by wei ~ht of stabili-
zer, and not less than ten (10;x) per cent by weight of milk fat,
and not less than fourteen (14;10) per cent by weirrht of total
milk solids. Frozen custard shall contain not less than two
and one -half dozen of clean , who]esome er,7 yolks, or three- fourths
(3/4 lb) pounds of wholesome, dry e(-,,r- yolks containing not to ex-
ceed seven (710) per cent of moisture, or one and one -half (1� lbs)
pounds of wholesome frozen eF yolk containinc not to exceed fifty -
five (55;x) per cent of moisture, or the equivalent of emr yolk in
any other form, for each ninet�r pounds of frozen custard. In no
case shall any frozen custard contain less than one and six- tenths
(1.6 lbs) of total food solids per gallon.
(G) Ice Milk: Ice milk means the pure, clean, frozen product made
from a combination of two or more of the following ingredients:
milk, milk products, egrs, water, and sugar, with harmless flavor-
ing and with or without added stabilizer composed of wholesome,
edible material, and with or without harmless colorin'-. It contains
not more than one -half of one per cent by vieight of stabilizer
not less than three (3a) per cent and not more than ten (10;0) per
cent by vrei -ht of milk fat, ana not less than fourteen (14;0) per
cent by weight of total milk solids. In no case shall any ice milk
contain less than one and three- tenths (1.3 lbs.) pounds of total
food solids per gallon.
(H) Milk Sherbert: Lilk sherbert means the pure, clean, frozen
product made from milk products, water, and sugar, with harmless
fruit, fruit acid, or fruit juice flavoring and with or without
harmless coloring, and with not less than thirty -five hundredths
(.35/0) of one per cent of acid as determined by titrating with
standard alkali and expresses as lactic acid, and with or without
added stabilizer composed of wholesome edible material. It con-
tains not less than four (4;0) per cent by weight of milk solids.
(I) Ice or Ice Sherbert: Ice or ice sherbert means the pure,
clean, frozen product made from water and sugar with harmless
fruit or fruit juice flavorin'r, wit-i or .rithout harmless coloring
3
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and with or without milk products and with not less than thirty -
five hundredths (.351/10) of one per cent of acid as determined by
titrating with standard alkali and expressed as lactic acid, and
without or with added stabilizer composed. of wholesome, edible
material. It contains less than four (4o) per cent by weight of
milk solids.
(J) Imitation Ice Cream: Imitation ice cream means any frozen
substance, mixture or compound, regardless of the name under
which it is represented, which is made in imitation or semblance
of ice cream or is prepared or frozen as ice cream customarily is
prepared or frozen and which is not ice cream, frozen custard, ice
milk, frozen malted milk, sherbert or ice as defined in this ordi-
nance. Ho person shall sell imitation ice cream.
(K)
Ice
Cream Plant: Ice cream plant is any
building and struc-
tures
in
connection therewith where ice cream
mix is manufactured,
pasteurized, frozen or prepared for distribution and /or sale.
(L) Counter Freezer: The counter freezer type freezing machine
or similar types usually operated in retail establishments and
located in rooms which are not used exclusively for manufacturing
and handling of ice cream and other frozen desserts.
(Y) Pasteurization: Pasteurization, pasteurized and similar terms
shall mean the heating of every particle, with or without flavor-
ing, of t1 e frozen dessert mix to a temperature of not less than
1450 Fahrenheit and holdin at that temperature for not less than
thirty (30) minutes in equipment approved by the Health Officer,
provided that any other method of pasteurization that has been
proven of equal value may be used when approved by the health Of-
ficer.
(N) Health Officer: The health Officer shall be tar,-en to mean
the Health Officer of the City of Little Rock, Arkansas, or his
authorized representative.
(0) Average Bacterial Count: The average bacterial count shall
be taken to mean the logarithmic average of the respective re-
sults of the last four consecutive samples tal- :en upon separated
days.
(P) Person: The word person as used in this ordinance shall mean
person, firm, corporation, partnership, or association.
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SECTION 2. Every ice cream plant selling ice cream or
ice cream mix in the City of Little Rock shall comply with all of
the following items:
ITEM 1. Floors: Floors shall be of concrete or other equally
impervious material, easily kept clean, well drained and provided
with trapped drains to sewer.
ITEM 2. Walls and Ceilings: galls and ceilings shall be smooth,
clean, light in color and kept in good repair. The ceiling shall
not be less than eight (8) feet from the floor.
ITEM 3. Doors and Windows: All openings into the outer air shall
be effectively screened or otherwise protected to prevent the ac-
cess of flies. Doors shall be self - closing.
ITEM 4. Ventilation and light: All rooms shall be well lighted
and ventilated.
ITEh' S. Protection from Contamination: The various plant opera-
tions shall be so located and conducted as to prevent contamination
of any ingredients, used in any frozen dessert, or of the cleaned
equipment. All necessary means for the elimination of flies shall
be used.
ITEI,_ 6. Toilet Facilities: Every ice cream plant shall be provi-
ded with adequate and conveniently located toilet facilities con-
forming with the ordinance of the City of Little Rock pertaining
to milk and other dairy products.
ITEM 7. Water Supply: ti','ater supply shall be accessible, adequate
and of a safe, sanitary quality.
ITEM 8. Hand 'Washing Facilities: Hand washin,-, facilities shall
be convenient and include both hot and cold runninc7—water, soap
and sanitary towels.
ITEM 9. Milk piping: Only sanitary piping of a type easily cleaned
shall be used.
ITEM 10. Construction and Repair of Equipment: All equipment com-
ing in contact with any of the ingredients of frozen desserts shall
be constructed in such manner as to be easily cleaned and shall be
kept in good repair.
ITEI' 11. Disposal of aster All waste shall be disposed of in
conformity with the require_,-ents of the health Officer.
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ITEM 12. O.leaning and Bactericidal Treatment of Containers and
Equipment: All containers and apparatus, except single service,
shall be thoroughly cleaned after each usage, using hot water and
cleanin7 agent and then subjected to an approved bactericidal
treatment with steam, hot water or chlorine immediately before
using.
ITET1 13. Storage of Containers: All containers shall be stored
in such a iranner as, to protect them from contamination. Single
service containers shall be purchased in cartons and kept there-
in until used.
ITE1,1 14. handling of Containers and Apparatus: After bacterici-
dal treatment containers and apparatus shall not be handled in
any manner as to permit any part of the person or clothing to
come in contact with any surface with which frozen desserts come
in contact.
ITELI 15. Storage of Cups, Parchment Paper, V- r_a pars and Packages:
These items shall be purchased and stored only in sanitary tubxes
and cartons and shall be kept therein until used.
IMEI; 16. Pasteurization: All frozen desserts mix when manuf ac-
tured for connnercial purposes shall be pasteurized according to
the definition of pasteurization T`
p given in Section 1 (i;) . The
recording temperature charts shall be preserved for sixty days.
ITELI 17. Cooling: All pasteurized frozen desserts mix shall be
cooled irunediately to a temperature of 500 Fahrenheit or less
and kept thereat until frozen. No frozen products shall be re
frozen after reaching a temperature of 400 Fahrenheit or higher.
ITEI;I 18. Packaging: PacI :ar-ing shall be done in a sanitar7 rian-
ner approved by the health O'f icer.
ITEti`_ 19. Overflow: Overflow frozen desserts shall not be sold
for human consumption.
ITEM,: 20. Ingredients: All ingredients used in the mmnufacture
of frozen desserts shall be clean and wholesome and shall be
handled, transported, and store' in st cri a. Ma lnc.; ns to prevent
exposure to contamination. All fats used in frozen desserts must
be butterfats.
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ITE1, 21. Transportation and Identification of Ice Cream 1� ix:
All ice cream mix sh,.all be convelTed to the r_lace of freezing in
sealed, jacl,-eted, containers, which must be securely to ^ged,
showing the name of the manufacturer, batch number., date of pas-
teurization, and date of shipment. All mix shall be frozen with -
in 96 hours from date of pasteurization and within 48 hours of
its arrival.
ITEI,,1 22. Personnel t= ealth: Every person connected with the
manufacture of frozen desserts whose work brings him in contact
with the handling, storage, ma.nufacturinF, or equipment shall have
within 12 months passed a medical examination which shall include
a Wasserman and chest X -ray, annually and t7Tphoid innoculation
bi- annually, made by the I:ealth Officer or b-,,T a licensed physi-
cian approved by the Health Officer and shall submit such spec-
imens of body discharges as the Health Officer may require.
ITEM. 23. Personnel Cleanliness: All -oersons coming; in contact
with frozen desserts, containers or equipment shall wear clean
outer garments and shall beep their hands clean at all times
while thus engaged and shall not use tobacco in any form while
on duty.
SECTION 3. Counter r reezers : No counter freezer unit
shall be installed in such a way that it is subject to contamina-
tion by dirt, dust, flies, or handling by customers. To this end
the following necessary protection shall be provided.
ITEL 1. Plans for the installation of each counter freezer shall
be submitted to the health Officer for approval prior to the in-
stallation.
ITE1,T 2. Any portion of the room where counter freezers - Ikk.n-
stalled shall have a tight impervious floor or shall be covered
with tight linoleum or other approved washable material.
ITEI%1I 3. Necessary protection from unclean and unsanitary condi-
tions in the process of handling, freezing, packing~ and distri-
bution shall be provided.
7
MOM
ITEI;1 4. Vdhenever a counter freezer is installed in any establishment
to which the public has access the protection shall be an enclosure
of glass of sufficient height to give adequate protection on the side
of the freezer facinrr the public. hen counter freezers are so lo-
cated that counters or other fixtures separate them fror the public
the glass guard may be omitted.
ITEJ 5. No counter freezer may be installed in any open front build-
ing or in any other enclosure not protected from dirt, dust, and
flies in an approved rm_anner.
ITEII 6. No counter freezer shall be installed beneath transoms, nor
within 12 feet.of outside doors, unless there be provided a complete
ventilated enclosure on four sides and top.
ITEY-, 7. No counter freezer shall be installed in any location not
provided with sufficient lidlht or ventilation, which may be either
natural, artificial, or approved mechanical apparatus. If installed
in a cellar or basement it shall be in a separate enclosed room
equipped with hot and cold water and vrashinrr facilities for the equip-
ment.
ITEM 8. A two compartment wash and rinse vat and water heating- fac-
ilities shall be provided for the complete immersion of all utensils
and equipment and the wash vat shall have properly trapped connec-
tions to the sewer. Chlorine or other approved bactericidal agent
shall be used for the final sterilizing agent for both utensils and
freezer just before using.
ITEMT 9. All equipment, containers, and utensils, shall be promptly
and thoroughly cleaned after use with brushes, hot water, and ap-
proved detergent and sterilized with water at boiling or approved
bactericidal agent.
ITEM 10. The interior of the freezer, any of its working parts, or
containers shall not be wiped with a cloth after sterilization. The
containers shall be inverted on a rack to drain and dry. The out-
sides of the freezer or the top of the cabinet shall be kept clean
at all times.
SECTION 4. Establishments Servin... Ice Cream: All estab-
lishments selling or offering for wale ice creari to the consumer
shall keep their premises and apparatus in a sanitary condition and
shall require their employees to be cledn[in attire and in
person and shall keep the ice cream from exposure to contamination
and shall comply with the folld ag items:
Item 1. Ice cream and the egiLient' used. for serving same
with fruits and flavors shall be protected from contamin-
ation.
IT[ 2. Ice cream cabinets shall be clean and kept in good re-
pair, the holes and yells shall be.kept covered when nett in uss
and shall be used for no other
• purpose - except storing ice tureen
and other dairy products unless the aampartments are separate and
distinct.
'
ITESd 3. Equipment used in dis�ensiug ice cream shall be kept in
a
running water:
SECTION 5. Permits: Its ghall -be unlawful for any person
operating an ice cream plant and /or.counter freezer to manufacture
or freeze ice cream to be sold or offered for dale in the City of
Little Rock who does not possess an unexpired or unrevoked permit
from the City Collector of the City of Rock. Every person
'Little
desiring to operate i4a c ee ► gla*i and /or ,counter..:freezer ''
P" /.� _
m k t an aPp alth Off- ': or a permit ta► x `
engalke in such business; said application shall hive name of
applicant, location of business and source of ice cream mix, or
dairy products to be used. The Health Officer shall within one
week make an inspection of the ro osed location P P and equipment,
and if found satisfactory shall approvv the location and upon
,
payment of the required fees, the City Collector is hereby author-
ise4 and dlxwoted to issue said app.i cant a permit, upon asatin-
fa0ll *Y- sli rVing` =that the applicant has not all thb torsgoiag
April 3 of each year -
SECTION Go Sales Prohibited: It shall be unlawful for any
VVMson to, sell or .offer for sale in the City of Little Rock, Ark-
r
ansas, any frozen dessert, the butterfat and /or solid content of
which does not comply with the respective definitions of such
frozen desserts as given in Section One (1) of this ordinance
and /or the average bacteria count of which is more than 100,000
per gram.
SECTION 7. Access to Premises: The Health Officer shall
be entitled to access at any time upon proper identification at
all regular entrances to establishments herein defined and is
hereby authorized and directed to make the necessary inspections
and tests to carry out the provisions of this ordinance.
SECTION 8. Inspection Fees: To cover / part of
cost of inspection
as required by this ordinance, the following fees shall be paid to
the City Collector.
Every person operating an ice cream plant that sells ice
cream or other frozen desssrts in the City of Little Rock, Arkansas,
shall pay an annual inspection fee of One Hundred Dollars ($100.00)
at the time the permit is issued or annually renewed.
Every person operating a counter freezer that sells ice
cream or other frozen desserts in the City of Little Rock, Arkansas,
shall pay an annual inspection fee of Thirty Five ($35.00) Dollars
at the time the permit is issued or annually renewed.
SECTION 9. Retail Outlets Exempt: Retail outlets which do
not manufacture, freeze or otherwise prepare ice cream, etc., but
fee
purchase same for resale at retail are exempt from the/ provisions
hereof.
SECTION 10. Penalty: Any person violating the provisions
of this ordinance, upon conviction thereof, shall be fined in any
sum not less than twenty -five ($25.00) dollard nor more than one
hundred ($100.00) dollars and each day of such violation shall constitute
a separate offense.
SECTION 11. Repeal and Date of Effect: Ordinances numbered
1709 and 5464, and all ordinances and parts of ordinances in conflict
herewith are hereby repealed, and if the provisions of this ordinance
are not immediately enforced, the public peace, health, and safety
will be adversely affected; therefore, an emergencI is hereby declared
to exist, and this ordinance shall be in full force and effect from
and after its passage and approval.
10
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PASSED: July 21, 1947
ATTEST
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g C130K
Acting
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