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HomeMy WebLinkAbout99614� ,. t;" I � I r �a CRDINANCE NO. 996,1,_ AN ORDINANCE DEFINING "MILK" ARID CERTAIN "MILK PRODUCTS.," "MILK PRODUCERS," "PASTEMUZATIONy" ETC. • PROHIBITING THE SAIE OF ADULTERATED AND MISBRANDED MILK AM MILK PRODUCTS; REQUIRING PERMITS FOR THE SALE OF MILK AND MILK PRODUCTS; ; REGULATING THE INSPECTION OF DAIRY FADS AND MILK PLANTS, AMID THE E%ANTINATICN, GRADING, LABELING, PASTEURIZATION, DISTRIBUTION, AND SALE OF MILK AND MILK PRODUCTS? PROVIDING FOR THE CONSTRUCTION CF FUTURE DAIRIES AND MILK PLANTS, THE ENFORCEMENT OF THIS ORDINANCE, AND THE FIXING OF PENALTIES; REPEALING ORDINANCES NO. 702-3, 8507, 9658, 8283, 91494 AND FOR OTHER PURPOSES- IX IT ORDAINED BY THE QTY COUNCIL OF THE MUNICIPALITY OF LITTLE ROCK, -ARXANSAS AS FOLLCWS SMION 1 DEFINITICus - The following definitions shall apply in the. interpretation and. the enforcemen of this ordinance. MK - Milk is hereby defined to be the lacteal secretion, p vatctically free from colostrum, obtained by the complete milking of one or more healthy cows, which contains not less than 8.5 percent milk solids- not-fat and not less than 3.5 percent milk fat. A. -1. GOAT MILK - Goat milk is the lacteal secretion, practically free from colostrum, obtained by the complete milking of healthy goats. The word "milk "'shall be interpreted to include goat milk. B. M1LKFAT - Milkfat, or butterfat, is the fat of milk. B-10 CREAM - Cream is a portion of milk which contains not less than 18 percent milkfat. B-4, SOUR CREAM - Sour cream is cream the acidity of which is more than 0,20 percent, expressed as lactic acid. B-3. HALF AND HALF - Half and Half is a product consisting of a mixture of milk and cream which contains not Less than 11 percent milk to B-4, WHIPPED CREAM - Whipped cream is cream to which a harmless gas has been added to cause whipping of the product. It may also contain sugar, other harmless flavoring, and a harmless stabilizer. C. CONCENTRATED MILK - Concentrated milk is a fluid product, unsterilized and unsweetened, resulting from the removal of a cmddAerable portion of the water from milk. When recombined with water, in accordance with instructions printed on the container, the resulting product conforms with the standards for milkfat and solids -not -fat of milk as defined above. h� 3, i P -1- C -1. CONCENTRATED MILK PRODUCTS - Concentrated milk products shall be taken to mean and to include homogenized concentrated milk, vitamin D concentrated milk, concentrated skim milk, concentrated flavored milk, concentrated flavored drink, and similar concentrated products made from concentrated milk or concentrated skim milk, as the case may be, and which, when recombined with water in accordance with instructions printed on the container, conform with the definitions of the corresponding milk products in this section. C-2. DFX MILK - Dry milk is milk from which at least 95 percent of the water has been removed. D. SKIM MILK - Skim milk is milk from which a sufficient portion of milkfat has been removed to reduce its milkfat content to less than 3.5 percent. D-1. NONFAT, FAT -FREE, OR DEFATTED MILK - Nonfat, fat -free, or defatted milk is skim milk which contains not more than 0.1 percent milkfat. D -2- SKIM -MILK SOLIDS - Skim -milk solids shall be deemed to include concentrated skim milk and nonfat dry -milk solids. D -3. NONFAT DRY -MILK SOLIDS - Nonfat dry -milk solids shall mean nonfat milk frown which at least 95 percent of the water has been removed. E. FLAVORED MILK - Flavored milk is a beverage or confection consisting of milk to which has been added a syrup or flavor made from wholesome ingredients. E-1. FLAVORED DRINK, FLAVORED DAIRY DRINK, OR FLAVORED SKIM MILK - Flavored drink, flavored dairy drink, or flavored skim milk is a beverage or confection consisting of skim milk to which has been added a syrup or flavor made from wholesome ingredients. F. BUTTERMILK Buttermilk is a fluid product resulting fran the churning of milk or cream. It contains not less than 8.5 percent milk solids- not -fat. F -1, CULTURED BUTTERMILK - Cultured buttermilk is a fluid product resulting frown the souring or treatment, by a lactic ajEid or other culture, of pasteurized skim milk or pasteurized reconstituted skim milk, with or without the addition of butterfat. It contains not less than 8 -5 percent milk solids -not -fat. -2- F -2. CULTURED MILK - Cultured milk is a fluid or semifluid product resulting from the souring or treatment, by a lactic acid or other culture, of pasteurized milk, pasteurized reconstituted milk, or pasteurized con- centrated milk. It contains not less than 8.5 percent milk solids- not -fat and not less than 3.5 percent milkfat. G. VITAIIN D MILK - Vitamin D milk is milk the vitamin D content of which has been increased by an approved method to at least 400 U.S.P. units per quart. G-I. FORTIFIED MILK AND MILK PRODUCTS - Fortified milk is milk, other than vitamin D milk, the vitamin and /, /or mineral content of which has been increased by a method and in an amount approved by the health officer. Fortified milk products are those milk products defined in this ordinance, other than vitamin D milk products, the vitamin and /or mineral content of which has been increased by a method and in an amount approved by the health officer, and to which skim milk solids may or may not have been added. The label shall contain the word "Fortified" and shall clearly show the amount of each vitamin and /or mineral added. H. RECONSTITUTED, OR RECOMBINED, MILK, SKIM MILK OR CREAM - Reconstituted, or recombined, milk, skim milk or cream is a product which results from the recombining, of milk, skim milk, or cream constituents, as the case may be, with water, and which complies with the standards for milk, skim milk, or cream as defined in this ordinance. I. COTTAGE CHEESE - Cottage cheese is the soft uncured cheese prepared from the curd obtained by adding harmless, lactic- acid - producing bacteria, with or without enzymatic action, to pasteurized skim milk or pasteurized reconstituted skim milk. It contains not more than 80 percent moisture. I - -1. CREMIED COTTAGE CHEESE - Creamed cottage cheese is the soft uncured cheese which is prepared by mixing cottage cheese with pasteurized cream, or with a pasteurized mixture of cream and milk or skim milk, and which contains not less than 4 percent milkfat by weight, and not more than 80 percent moisture. -3- + a o t ' J. HCR40GENIZED MILK - Homogenized milk is milk which has been treated in such a manner as to insure break -up of the fat globules to such an extent that, after 48 hours of quiescent storage, no visible cream separation occurs on the milk, and the fat percentage of the top 100 mililiters of milk in a quart bottle, or of proportionate volumes in containers of other sized, does not differ by more than 10 percent of itself from the fat per- centage of the remaining milk as determined after thorough miffing. The word "milk"'.shall be interpreted to include homogenized milk, K. MILK PRODUCTS - Milk products shall be taken to mean and to include cream, sour cream, half and half, reconstituted half and half, whipped cream, concentrated milk, concentrated milk products, skim milk, nonfat milk, flavored milk, flavored drink, flavored reconstituted milk, flavored reconstituted drink, buttermilk, cultured buttermilk, cultured milk, vitamin D milk, reconstituted or recombined milk, reconstituted cream, reconstituted skim milk and any other product made by the addition of any substance to milk, or to any of these milk products, and used for similar purposes, and designated as a milk product by the health officer. L. PASTEURIZATION - The terms "pasteurization," "pasteurized,"' and similar terms shall be taken to refer to the process of heating every particle of mills or milk products to at least 2430F., and holding it at such temperature continuously for at least 30 minutes, or to at least 1610F., and holding it at such temperature continuously for at least 15 seconds, in approved and properly operated equipment: Provided, that nothing contained in this definition shall be construed as barring any other process which has been demonstrated to be equally efficient and which is approved by the State health authority, M. ADULTERATED AND NISBRANTED MILK AND MILK PRODUCTS - Any milk or cream to which water has been added, or any milk or milk product which contains any unwholesome substance, or which if defined in this ordinance does not co nform'with its definition, shall be deemed to be adulterated. Any milk or milk product which carries a grade label, unless such grade label has been awarded by the Health Officer and not revoked, or which fails to conform in any other respect with the statements on the label, shall be deemed to be misbranded. N. MILK PRODUCER - A. milk producer is any person who owns or controls one or more cows, a part or all of the milk or milk products from which is sold, or offered for sale. 0. MILK DISTRIBUTOR - A milk distributor is any person who offers for sale or sells to another any milk or milk products for human consumption as such. 0-1. PRODUCER DISTRIBUTOR - A producer - distributor is a milk Producer Who is also a milk distributor. P. DAIRY, OR DAIRY FARM - A dairy, or dairy farm, is any place or premises where one or more cows are kept, a part or all of the milk or milk products from which is sold or offered for sale. P -1• PRODUCER DAIRY - A producer dairy is a dairy farm which sends milk or cream to a milk plant for processing* P-24 MILK HAULER - A milk hauler is any person, other than a milk producer or a milk plant employee, who transports milk and, /or milk products to or from a milk plant or a collecting point. Q. MILK PLANT - A milk plant is any place, premises, or establish- went where milk Pr milk products are collected, handled, processed, stored, pasteurized, bottled, or prepared for distribution, except an establishment where milk or milk products are sold at retail only. R. HEALTH OFFICER - The term "health Officer" shall mean the health authority of the City of Little Rock, Arkansas or his authorized representatives. S. AVERAGE BACTERIAL PLAN COUNT, DIRECT 14ICROSCOPIC COUNT, AND COOLING TEMPERATURE - Average bacterial plate count and average direct microscopic count shall'be taken to mean the logarithmic average, and average cooling temperature shall be taken to mean the arithmetic average, of the respective test results of the last four consecutive samples, taken upon a separate days, irrespective of the 6 month period referred to in Section 6. T. PERSON - The word "person" shall mean any individual, partner- ship, corporation, company, firm, trustee, or association. U. AND /OR - Where the term "'and /or" is used, "and" shall apply Mere possible, otherwise "'or" shall apply. -5- '- SECTION 2. THE SALE OF ADULTERATED, 11ISBRANDED, OR UNGRADED IvIl?E OR PUCK PRODUCTS PROHIBITED - No person shall, within the City of Little Rock, Arkansas, or its police jurisdiction, produce, sell, offer or expose for sale, or have in possession with intent to sell, any milk or milk product which is adulterated, misbranded, or ungraded. It shall be unlawful for any person, else —where than in a private home, to have in possession any adulterated, mis- branded, or ungraded milk or milk product. Any adulterated misbranded, and /or improperly labeled milk or milk products may be impounded by the health officer and disposed of in accordance with State law. SECTIM 3. REMITS - It shall be unlawful for any person to bring into, send into, or receive into the City of Little Rock, Arkansas, or its police jurisdiction, for sale, or to sell, or offer for sale therein, or to have in storage where milk or milk products are sold or served, any milk or milk products defined in this ordinance, who does not possess a permit from the health officer of the City of Little Rock, Arkansas. Every milk producer, milk hauler, milk distributor, and operator of a milk plant shall secure a permit. Only a person who complies with the re- quirements of this ordinance shall be entitled to receive and retain such a permit. Permits shall not be transferable with respect to persons and /or locations, Such a permit may be temporarily suspended by the health officer upon violation by the holder of any of the terms of this ordinance, or for interference with the health officer in the performance of his duties, or may be revoked after an opportunity for a hearing by the health officer upon serious or repeated violations. All permits shall expire on December 31, of each year. SECTION fit. LABELING - All bottles, cans, packages, and other oon- tainers enclosing milk or any milk products defined in Section 1 of this or- dinance shall be plainly labeled or marked with (1) the name of the contents as given in the definition in this ordinance; (2) the word "reconstituted't or "recombined" if made from or contains skim milk solids;; (3) the grade of the contents; (4) the word "pasteurized" if the contents have been pasteurized;. (5) the woad "raw" if the contents are raw, (6) The legible permit number of the producer on each can of raw -to -plant milk; (7) in the case of vitamin D milk or milk products, the designation "Vitamin DI*, and the number of U.S.P. units per quart; (8) in the case of concentrated milk or milk products, the volume or proportion of water to be added for recombining ;; (9) the name of the producer, if the contents are grade A raw milk, and the name of the plant where pasteurized, if the, contents are pasteurized, and the name of the distributor. The label, or mark, shall be in letters of an approved size, kind and color, and shall contain no marks or words which are misleading. Every milk plant and retail raw distributor shall submit to the Health Officer for approval a proof or sample of each bottle cap or carton, for each product to be marketed, before placing such products on the Little flock market. If approval is granted by the Health Officer it shall be in%driting, and only those labels so approved shall be used on containers sold in the City of Little Rock, Arkansas. Homogenized milk or homogenized cream shall not be mixed with MM, skim milk,, or cream which has not been homogenized, unless the product is labeled "homogenized" and conforms with the standards for homogenization in Section 1 W. SECTION 5, INSPECTION OF DAIRY MMS AND 1VMX PLANTS - Prior to the issuance of a permit, and at least once every 6 months thereafter, the health officer shall inspect all dairy farms and all milk plants whose milk or milk products are intended for consumption within the City of Little Rock, Arkansas, or its police jurisdiction. If the health officer should discover the violation of any requirement, he shall make a second inspection after a lapse of such time as he may deem necessary for the defect to be remedied, but not before the lapse of 3 days; and the second inspection shall be used in determining compliance with the requirements of Section 7 of this ordinance. Any. violation of the same requirement of this ordinance on such reinspection shall call for immediate suspension of permit, and /or court action. One copy of the inspection report shall be posted by the Health Officer in a conspicuous place upon an inside wall of the milk house or milk plant, and said inspection report shall hot be defaced or removed by any person except the health officer. Another copy of the inspection report shall be filed tith the records of the health department. Every person granted a permit under this ordinance shall, upon the request of the health officer, permit him access to all parts of the establish- ment•, during normal operating hours and every distributor shall make available to the health officer, upon his request, for official use only, all records necessary to determine the actual quantities of milk and milk products received, manufactured and sold, together with a list of all sources of such milk and milk productspnecords of inspections and tests, and pasteurization time and temperature records. 7— SECTION 6. THE EXAMINATION OF TALK AND MILK PRODUCTS - During each 6-month period, at least four samples of milk and cream from each dairy farm, and at least four samples of milk, cream, and homogenized milk from each milk plant, shall be taken on separate days and examined by the health officer. Samples of other milk products shall be taken and examined by the health officer at least once during each 6-month period. Samples may be taken at any time prior to the final delivery of the milk or milk products. Samples of milk and milk products from stores, cafes, soda fountains, restaurants, and other places where milk or milk products are sold shall be examined as often as IW bealth officer, may require. All proprietors of such places shall furnish the health officer, upon his request, with the naives of all distributors from whom their milk and milk products are obtained. Bacterial plate counts, direct microscopic counts, coliform determinations, phosphatase tests, efficiency of bactericidal treatment, and other laboratory and screening tests shall conform to the procedures in the latest edition of "Standard Methods for the Examination of Dairy Products" recommended by the American Public Health Association, current at the time of adoption of this ordinance. Examination may include such other chemical and physical determinations as the health officer may deem necessary for the de- tection of adulteration. Bio- assays of the vitamin D content of vitamin D milk and milk products shall be made when required by the health officer in a laboratory approved by him for such examinations. Whenever the average bacterial count or the average cooling temperature of the last four cansecutive samples, taken on separate days, is beyond the limit for the grade then held, the health officer shall send written notice thereof to the person concerned. Violation of the grade requirements shall call for immediate suspension of permit and /or court action, unless the last and one other sample of the last four are within the grade. Whenever more than one of the last four consecutive coliform counts of samples taken on separate days are beyond the limit for the grade than held the health officer shall send written notice thereof to the person concerned. He shall then take an additional sample, but not before the lapse of 3 days. Immediate suspension of permit, and/or court action shall be called for when the grade limit is violated by such additional samples, or when the grade limit is again violated during the remainder of the current 6 -month period by more than one of the last four consecutive samples, unless the last individual results is within the grade limit. _8w In case of violation of the phosphatase -test requirement, the probable cause shall be determined and corrected before milk or milk products from the plant concerned again can be sold as pasteurized milk or milk products. SECTION 7, THE GRADING OF 1,91K AND I4ILK PRODUCTS - Grades shall be based on the following standards, the grading of milk products being identical with the grading of milk, except that the bacterial -count standards shall be doubled in the case of cream and half and half, and shall be omitted in the case of sour cream, buttermilk, cultured buttermilk, cultured milk, cottage cheese, and creamed cottage cheese. The grade of a milk product shall be that of the lowest grade of milk or milk product used in its preparation. GRADE "A" RXf MILK - Grade "An raw milk is raw milk the average bacterial count of which as determined under Section 6 of this ordinance does not exceed 50,000 per cubic centimeter, and which is produced upon dairy farms maintaining an average sanitary rating, on last 2 inspections, of not less than ninety per cent (90%) based upon the rating method used by the U.S. Public Health Service and conforming with all the following items of sanitation. ITE14 1. CCWS - Tuberculosis, Bangs Disease, Other Diseases; and certificates. A. TUBERCULOSIS - AA physical examination and an intradermal tuberculin test of all herds and additions thereto shall be made before any milk therefran is sold, and at least once every twelve months thereafter, by an accredited veterinarian approved by the Health Officer. Said tests shall be made and any reactors disposed of in accordance with the current requirements approved by the U.S. Department of Agriculture, Bureau of Animal Industry, for accredited herds. Every diseased animal shall be removed from the herd at once and no milk fran diseased coww shall be offered for safe. Each animal tested shall be identified by a numbered metal tag or tattoo mark, and a certificate, identifying each animal, sued by the veterinarian, and filed as directed by the Health Officer, shall be evidence of the above test. The wording of and information furnished by the certificate shall meet the approval of the Health Officer. -9- BANG'S DISEASE - An agglutination test of all cattle over six months of age shall be made by a laboratory and the blood drawn by a veterinarian, both approved by the State Livestock Authority and the Health Officer, before any milk therefrom is sold, and at least once every twelve months thereafter; provided, however, that when reactors are found a retest shall be made as often as the Health Officer may require. All reactors shall be branded with the letter "B" on the left jaw and removed from the premises immediately, and no milk from said reactors shall be offered for safe. Reactors shall not exceed five per cent of the cattle of testing age on any test. A copy of the laboratory report, signed by the veterinarian and director of the laboratory, identifying each animal and giving the individual results of the test shall be evidence of a test. C. DISEASES OTHER THAN TUBERCULOSIS AND BAIGiS DISEASE - For diseases other than tuberculosis and Bang's disease such tests as the Health Officer may require shall be made at intervales and by methods prescribed by him, and any diseased animals or reactors shall be disposed of as he may require. ITEM 2r• M XIM BARN- LIGHTING - A.milking barn, or parlor shall be provided. It shall be provided with adequate light, properly distributed, for both day and night milking. ITEM 3r. MILKING BARN AIR SPACE AND VENTILATION - Such sections of the milking barn or parlor, where cogs are hapt or milked, shall be well ventilat- ed, and shall be so arranged as to avoid overcrowding. ITEM lar. MILKING BARN- FLOCRS ANIMAIS - The floors and gutters of that portion of the barn or parlor, in which cows are milked, shall be constructed of concrete, or other approved, impervious, and easily - cleaned material. Floors and gutters shall be graded so as to drain properly, and shall be kept clean and in good repair. No swine or fowl shall be permitted in the milking barn or parlor. Running water outlets under pressure, shall be located in the milking barn. ITEM 5r. PLUCKING BARN41ALIS AND CEILINGS - The interior walls and the ceilings of the milking barn or parlor shall be of smooth constriction, painted as often as may be necessary, or finished in an approved manner, and shall be kept clean and in good repair. Where there is a second story above the milking barn or parlor, the ceiling shall be tight. If feed should be ground or mixed, or sweet feed should be stored, in a feed room or feed- stroage space which adjoins the milking space, it shall be separated therefrom by a dust -tight partition and door. -10- I7EMM 6r. COW YARD - The cow yard shall be graded and drained and shall be so kept that there are no standing pools of water nor accumulations of organic wastes. Loafing and /or cattle housing areas near or adjacent to the milking barn shall be kept clean. ITEM 7r. MANURE DISPOSAL - All manure shall be removed, and stored or disposed of in such manner as best to prevent the breeding of flies and the access of cows thereto. ITEM 8r. MILK HOUSE OR ROOM CONSTRUCTION AND EQUIPMENT - There shall be provided a milk house or milk room, of adequate size and approved construction, in which the cooling, handling, and storing of milk and milk products, and the washing bactericidal treatment, and storing of milk containers and utensils, shall be done. (a) The milk house or roam shall be provided with a smooth floor, constructed of concrete or other impervious material, maintained in good repair, and graded to provide proper drainage. (b) It shall have walls and ceilings of such construction as to permit easy cleaning, and shall be kept well painted, or finished in an approved manner. (c) It shall be well lighted and ventilated. (d) It shall have all openings effectively screened, including outward - opening self-closing doors, unless other effective means are provided to prevent the entrance of flies. (e) It shall be used for no purposes other than those specified above, except as may be approved by the health officer; it shall not open directly into a milking barn or stable, not into any room used for domestic purposes; Adequate facilities for heating water to clean utensils, shall be provided in the milking room; and it shall be equipped with adequate facilities for proper cleaning and disenfecting all dairy utensils and equipment. The cleaning and other operations shall be located and conducted so as to prevent any contamination of the milk or of cleaned equipment. Hot and cold water under pressure shall be provided. ITEM 9r. MILK HOUSE CR ROCK CLEANLINESS AND FLIES - The floors, walls, ceilings, and equipment of the milk house or room shall be kept clean at all times. All necessary means for the elimination of flies shall be used. ITEM 10r. TOILET - Every daisy farm shall be provided with one or more sanitary toilets, conveniently located, and properly constructed, operated, and maintained, so that the waste is inaccessible to flies, and does not pollute the surface soil nor contaminate any water supply. ITEM llr. WATER SUPPLY - Water for all dairy purposes shall be from a supply properly located, protected, and operated, and shall be easily accessible, adequate, and of a safe, sanitary quality. -11- ITEM 12r. UTENSILS- CONSTRUCTION - All multi -use containers, equipment, and other utensils used in the handling, storage, or transportation of milk or milk products shall be made of smooth, non - absorbent, non - corrodible, non -toxic material, shall be so constructed as to be easily cleaned, and shall be kept in good repair. Joints and seams shall be welded or soldered flush# Woven - wire nor cloth shall not be used for straining milk. When milk is strained, strainer pads shall be used and shall not be re used. All milk pails obtained hereafter shall be of the seamless, hooded type. All single - service articles used shall have been manufactured, packaged, transported, and handled in a sanitary manner. ITEM 13r. UTENSILS - CLEANING - All multi -use containers, equipment, and other utensils used in the handling, storage, or transportation of milk and milk products shall be thoroughly cleaned after each usage. ITEM l r. UTENSILS - BACTERICIDAL TREATMENT - All multi -use containers, equipment, and other utensils used in the handling, storage, or transportation of milk or milk products shall, before each usage, be subjected effectively to an approved bactericidal process utilizing steam, hot water, chemicals, or hot air. Only those chemicals approved by the Health Officer shall b e used. ITEM 15r. UTENSILS - STCRAGE - All containers and other utensils used in the handling, storage, or transportation of milk or milk products, unless stared in bactericidal solutions, shall be stored so as to drain dry, and so as not to become contaminated before being used. Strainer discs shall be kept covered. ITEM 16r. UTENSILS- HANDLING - After bactericidal treatment, containers and other milk and milk product utensils shall be handled in such a manner as to prevent contamination of any surface with which milk or milk products come into contact. ITEM -17r. MILKING - UDDERS AND TEATS ABNORMAL MILK - Milking shall be done in the milking barn or parlor. The udders and teats of all milking caws shall be clean and wiped with an approved bactericidal solution at the time of milking. Abnormal milk shall be kept out of the milk supply, and shall be so handled and disposed of as to preclude the infection of the cows and the contamination of milk utensils. ITEM l8r. MILKING - FLANKS - Cows shall be free from visible dirt at the time of milking. Alllrushing shall be completed before milking commences. • -12- IM 19r• MILKER' HANDS - Milkerst hands shall be washed clean, rinsed with an effective bactericidal solution, and dried with a clean towel, immediately before milking and immediately after any interruption in the milk- ing operation. Wet -hand milking is prohibited. Convenient facilities shall be provided for the washing of milkers hands. No person with an infected cut or lesion on hands or arms shall milk cows, or handle milk or milk utensils. ITEM 2.0r. CLEAN CLOTHING - Milkers and milk handlers shall wear c2e an outer garments while milking or handling milk, milk products, containers, utensils or equipment. ITEM 21r. MILK STOOLS - Milk stools and siscingles shall be kept clean. ITEM 22r. REMOVAL OF MILK - Each pail or can of milk shall be removed immediately to the milk house or straining roam. No milk shall be strained or poured in the barn, unless it is protected from flies and other contamination. ITEM 23r• COOLING - Milk shall be cooled immediately to 500F. or less and shall be maintained at the temperature as determined in accordance with Section 6, until delivered. ITEM 24r, BOTTLING AND CAPPING - Milk and milk products not for pasteurization shall be bottled on the farm where produced. Bottling and capping shall be done in a sanitary manner by means of approved equipment, and these operations shall be integral in one machine. Caps or cap stock shall be purchased in sanitary containers, and shall be kept therein in a clean, dry place until used. ITEM 25r. VEHICLES AND SURROUNDINGS - Allvaehicles used for the transportation of raw milk or raw milk products shall be kept clean and be con- struc ted, and operated so as to protect theri contents from the sun,f ran freezing, and from contamination. The immediate surroundings of the dairy shall be kept in a clean, neat condition. GRADE "A" PREMIUM QUALITY RAW MILK - Premium Quality Grade "Am raw milk is milk the average bacterial count of which does not exceed 20,000 per cubic centimeter and which contains not less than twelve and one -half per cent (12.5 %) total solids. It shall contain not less than four and one -half (4.5 %) per cent butter fat. -13- The Health Officer is hereby authorized to establish requirements and regulations for the production and sale of Premium Quality Grade "A" raw milk, but such requirements and regulations as promulgated by the Health Officer shall not be below the sanitary, the equipment, and other requirements of Grade ttA" raw milk; and the dairy farms where such milk is produced shall maintain an average sanitary rating of not less than ninety -five per cent (95a) based upon the rating method used by the U.S. Public Health Service. GRADE "All RA14 PIANJT HILK - Grade "Aft Raw Plant milk is milk the average bacterial count of which at no time prior to delivery exceeds 200,000 per cu'oi.c centimeter, or which falls in Class 1 as determined by the reductase test and which is produced upon dairy farms maintaining an average sanitary rating, on the last 2 inspections, of not less than ninety per cent (90%) based upon the rating method used by the U.S. Public Health Service and which conforms with all applicable items of equipment and sanitation required for Grade ttAtt raw milk with the following exception: (1) All grade "A" raw plant milking herds shall adopt and maintain some method approved by the Health Officer for the control and eradication of Bang's disease. GRADE "All PASTEURIZED aix - Grade "All pasteurized milk is grade A raw, or grade A plant milk, which has been pasteurized, cooled, and placed in the final container in a milk plant which conforms with the items of sanitation described below, and which maintains an average sanitary rating on last two inspections of not less than ninety per cent (901j1,',) based upon the rating method used by U.S. Public Health Service. In all cases the mills shall show efficient pasteurization as evidenced by satisfactory phosphatase test, and at no time after pasteurization and before delivery shall the milk have a bacterial plate count exceeding, 30,000 per milliliter, or a coliform count exceeding 10 per milliliter, as determined in accordance with Section 6: Provided, That the raw milk at no time between dumping and pasteurization, shall have a bacterial plate count or direct microscopic clump count exceeding 4003000 per milliliter. The grading of a pasteurized -milk supply shall include the inspection of receiving and collecting stations with respect to compliance with Items 1p to 15p inclusive, and 17p, 19p, 21p, and 23p, except that the partitioning requirement of Item 5p shall not apply. -14- ITEM 1p. FLOORS - The floors of all rooms in which milk or milk products are handled or stored, or in which milk utensils are washed, shall be constructed of concrete or other equally- impervious and easily - cleaned material, and shall be smooth, properly drained, provided with trapped drains, and kept clean and in good repair. ITEM 2p. WALLS AND CEILINGS - Walls and ceilings of rooms in which milk or milk products are handled or stored, or in which milk utensils are washed, shall have a smooth, washable, light- colored surface, and shall be kept clean and in good repair. ITEM 3P9 DOORS AND Wr,'DCWS - Unless other effective means are provided to prevent the access of flies, all openings to the outer air shall be effectively screened, and all doors shall be self- closing. ITEM lip. LIGHTING AND VENTILATION - All rooms shall be well lighted and well ventilated. ITEM 5p. MISCELLANEOUS PROTECTION FROM CONTAMINATION - The various milk plant operations shall be located and conducted so as to prevent any con- tamination of the milk, or of cleaned equipment. All necessary means shall be used for the elimination of flies, other insects, and rodents. There shall be separate rooms of adequate size for (a) the pasteurizing, processing, cooling, and bottling operations, and (b) the washing and bactericidal treatment of containers. Cans of raw milk shall not be unloaded directly into the pasteuriz- ing room. Rooms in which milk, milk products, cleaned utensils, or containers are handled or stored shall not open directly into any stable or living quarters. The pasteurization plant, milk containers, utensils, and equipment shall be used for no purpose other than the processing of milk and milk products and the operations incident thereto, except as may be approved by the health officer. ITEM 6p. TOILET FACILITIES - Every milk plant shall be provided with toilet facilities conforming with the ordinances of the city of Little Rock, Arkansas. Toilet rooms shall not open directly into any room in which milk, milk products, equipment, or containers are handled or stored. The doors of all toilet rooms shall be self - closing. Toilet rooms shall be kept in a clean condition in good repair, and well ventilated. A placard on whdc h Section 13 is printed, and a sign directing employees to wash their hands before returning to work, shall be posted in all toilet roans used by employees. When privies or earth closets are permitted and used they shall be separate from the build- ing., and shall be of a sanitary type, located, constructed, and operated in conformity with the requirements of Item 10r. ITEM 7p, WATER SUPPLY - The water supply shall be easily accessible, adequate, and of a safe, sanitary quality. ITEM Sp. HAM- STASHING FACILITIES - Convenient hand-washing facilities shall be provided, including hot and cold running water, soap, and approved sanitary towels. Hand washing facilities shall be kept clean. The use of a common towel is prohibited. No employee saabll resume work after using the toilet roam without having washed his hands. ITEM 9p. SANITARY PIPING - All piping used to conduct milk or milk products shall be "'sanitary milk piping" of a type which can be easily cleaned. Pasteurized milk and milk products shall be conducted from one piece of equipment to another only through sanitary milk piping. ITE14 lop. CONSTRUCTION AND REPAIR OF CONTAINERS AND EQUIPMENT - All multi -use containers and equipment with which milk or milk products come into contact shall be of smooth, impervious, non - corrodible, non -toxic material; shall be so constructed and so located as to be easily cleaned; and shall be kept in good repair. All single- service containers, closures, gaskets, and other articles used shall have been manufactured, packaged, transported and handled in a sanitary manner. ITEM llp. DISPOSAL CF WASTES - All wastes shall be properly disposed of. All plumbing and equipment shall be so designed and so installed as to prevent contamination of milk equipment by back -flow. ITEM 12p. CLEANING AND BACTERICIDAL TREATMENT OF CONTAINERS AND EQUIPMENT - All milk and milk- product containers and equipment, except single - service containers, shall be thoroughly cleaned after ea& usage. All such containers shall be subjected effectively to an approved bactericidal process after each cleaning, and all equipment immediately before each usage. When empty, and before being returned to a producer by a milk punt, each container shall be thoroughly cleaned and subjected to an effective, approved, bactericidal process. In place cleaning is hereby prohibited unless approved and authorized, in writing, by the Health Officer. No chemicals shall be used for bactericidal treatment unless approved by the Health Officer, ITEM 13p. STORAGE OF CONTAINERS AND EQ0IPMENT - After bactericidal treatment, all bottles., cans,and other multi -use milk or milk-product containers and equipment shall be transported and stored in such a manner as to be protected from comtaa inatioz. lb- ITE11 ].gyp.. HANDLING OF CONTAIN RS AND EQUIPr]ENT - Between bactericidal treatment and usage, and during usage, containers and equipment shall not be handled or operated in such a manner as to permit contamination of the milk. Pasteurized milk or milk products shall not be permitted to come into contact with equipment with which unpasteurized milk or milk products have been in contact, unless the equipment has first been thoroughly cleaned and effectively subjected to an approved bactericidal process. ITF14 15p. STORAGE OF CAPS, PARCi-MITT PAPER, AND SINGLE - SERVICE CONTAINERS - Milk-bottle caps or cap stock, parchment paper for milk cans, single- service containers, and gaskets shall be purchased and stored only in sanitary tubes, wrappings, or cartons; shall be kept therein in a clean, dry place until used; and shall be handled in a sanitary manner. ITEM 16p. PASTEURIZATION - Pasteurization shall be performed as described in Section 1 (L) of this Ordinance. IMI 17p. COOLING - All milk and milk products received for pasteurization shall be cooled immediately in approved equipment to 500F. or leas, and shall be maintained at that temperature until pasteurized. All pasteurized milk and milk products, except those to be cultured, shall be cooled immediately in approved equipment to a temperature of 500F. or less, and shall be maintained thereat until delivery, as determined in accordance with Section 60, ITF11 18p, BOTTLING AND PACKAGING - Bottling and packaging of milk and milk products shall be done at the place of pasteurization in approved mechanical equipment. ITW 19p, OVERFL064 JMZ - Overflow milk or milk products shall not be sold for human consumption. ITM�1 20p. CAPPING - capping of milk and milk products shall be done in a sanitary manner by approved mechanical equipment. Hand- capping is pro- hibited. The cap, or cover, shall protect the pouring lip to at leessst its largest diameter. -17- ITEM 21p. pERSONNEL- HEALTH - The health officer, or a physician authorized by him, shall examine and take a careful morbidity history of each person connected with a milk plant, milk distributor and /or producer distributor, or about to be employed by one, whose work will bring him into contact with the processing, handling, storage, or transportation of milk, milk products, containers or equipment. If such examination or history should suggest that such person may be a carrier of, or infected with, the organisms of typhoid or paratyphoid fever, or any other communicable disease likely to be transmitted through milk, he shall secure appropriate specimens of body discharges and cause them to be examined in a laboratory approved by him or by the State health authorities for such examinations, and, if the results justifYs such persons shall be barred from such employment. Such persons shall furnish such information, submit to such physical examinations, and submit such laboratory specimens as the health officer may require for the purpose of determining freedom from infection. No person with an infected cut or lesion on hands or arms shall handle milk, milk products, milk containers, or milk equipment* ITEM 22p. pERSONNEL- CLEANLINESS -,xll persons who come into contact with milk, milk products, containers, or equipment, shall wear clean outer garments, and shall keep their hands clean at all tunes while engaged in such work. ITEM 23P. VEHICLES - All vehicles used for the transportation of milk or milk products shall be kept clean, be constructed and operated so as to protect their contents from the sun, from freezing, and from contamination. All vehicles used for the distribution of milk or m4_lk products shall have the name of the distributor prominently displayed thereon. Milk tank -cars and tank - trucks shall comply with the construction, cleaning, bactericidal treatment, storage, and handling requirements of Items 5p, lOp, 12p, 13P, and 14p. While containing milk, cream, or milk products, they shall be sealed and labeled in an approved manner. -18- Each tank shipment shall be accompanied by an approved certificate, signed by the proper authorities, and containing all information requested by the Health Officer, The Health Officer shall be notified in advance by the consignor of the approximate time of departure from point of orgin and arrival at point of destina- tion, as well as the grade and kind and approximate number of pounds contained in shipment. Upon arrival at point of destination the consignee shall immediately notify the Health Officer, and forward the certificate accompanying the shipment to the Health Officer. The bacteria plate count or the direct microscopic clump count shall not exceed 300,000 per ml and the temperature shall not exceed 500F. SECTION 8. GRADES OF MILK kND MILK PR®UCTS WHICH MAY BE SOLD - Immediately from and after passage of this ordinance no milk or milk products shall be sold to the final consumer, or,to restaurants, soda fountains, grocery stores, or similar establishments, except grade A pasteurized, grade A raw, premium quality grade A raw, and recombined milk or milk products. Provided, that men any person fails to quality for the above grades the health officer is authorized to suspend his permit, and /or to institute court action. No person holding a permit issued under Section Three of this ordinance shall buy, receive, transport or sell any ungraded milk unless authorized in writing to do so by the Health Officer. SECTION 9. REINSTATE1,04TT OF PERMIT - Any producer, producer - distributor, or distributor of milk or milk products whose permit has been suspended at any time may make application for the re- instatement of his permit• Upon receipt of a satisfactory application for re- instatement of permit based on correction of a violation of any bacteriolUical or cooling - temperature standard, the health officer shall take further samples at the rate of not more than two per week, and shall approve the application if the last sample, and one other of the last four, are within the grade, and the logarithmic average of the last four samples does not exceed 200,000 per c.c. In case the permit suspe ndion had been due to a violation of an item other than bacteriological standards or cooling temperature, the said application must be accompanied by a statement, signed by the applicant, to the effect that the violated item of the specifications has been corrected, and that all other items are in compliance. Within 15 days of the receipt of such an application and state- ment, the health officer shall make a reinspection of the applicant's establishment, and thereafter as many additional re- inspections as he may deem necessary, to assure himself that the applicant is again in full compliance with the requirements, and that all milk that was prpdueed during the period of permit suspension has been properly disposed of, and in case the findings justify shall reinstate the permit. -19- All milk plants shall post in a conspicious place, in the receiving dMW room, the can number, effective date of permit suspension of each producer whose permit may have been suspended, and the average weight of milk received, from each producer, for the last five days prior to the date of permit suspension. If the producers permit is reinstated said plants shall not receive more milk per day for the first 5 days, than was received on an average for the last 5 days prior to permit suspension, unless specifically authorized by the Health Officer. SECTION 100• TRANSFERRING OR DIPPING MILK: DELIVERY CONTAINERS: COOLING: QUARANTINED RESIDENCES - Except as permitted in this section, no milk producer or distributor shall transfer milk or milk products from one container to another on the street, or in any vehicle or store, or in any place except a bottling or milk room especially used for that purpose. The sale of dip milk is hereby prohibited. Milk and fluid -milk products sold in the distributor's containers in quantities of one gallon or less shall be delivered in standard milk bottles or in single - service containers. It.shall be unlawful for hotels, soda fountains, restaurants, groceries, and similar establishments to sell or serve any milk or fluid -milk products except in the individual, ordinal. container in which it was received from the distributor, or from a bulk container equipped with an approved dispensing device: Provided, That this requirement shall not apply to cream, whipped cream, or half and half which is consumed on the premises, and which -mar be served from the original bottle or from a dispenser approved for such service, nor to mixed milk drinks requiring less than -1ff-pint of milk, which may be poured from 1 -quart or 2 -quart containers packaged at a milk plant. I It shall be unlawful for any hotel, soda fountain, restaurant, grocery, 'I hospital, or similar establishment to sell or serve any milk or milk products f which has not been maintained, while in its possession at a temperature of 50°F• or less. If containers of milk or milk products are stored in water for cooling, the pouring lips of the containers shall not be submerged. It shall be the duty of all persons to whom milk or milk products are delivered to thoroughly clean all opened containers in which such milk or milk products are delivered before returning such containers. -20- The delivery of milk or milk products to, and the collection of milk or milk- product containers from, residences in which cases of communicable disease transmissible through milk supplies exist, shall be subject to the Y special requirements of the health officer. SECTION 11. MILK AND MILK PRODUCTS FROM POINTS BEYOND THE LII4ITS OF ROUTINE INSPECTION - Milk and milk products from points beyond the limits of routine inspection of the city of Little Rock may not be sold in the city of Little Rock, Arkansas or its police jurisdiction, unless specifically approved and authorized by the Health Officer, SECTION 12. FUTURE DAIRIES AND MILK PLANTS - All dairies and milk plants from which milk or milk products are supplied to the city of Little Rock, Arkansas, which are hereafter constructed, reconstructed, or extensively altered, shall conform in their construction to the specifications as prepared and furnished by the Health Officer for the production and processing of grade A milk, grade A raw plant milk, and their products. Properly prepared plans for all dairies and milk plants, which are hereafter constructed, reconstructed, or extensively altered, shall pe submitted to the health officer for approval before work is begun. SECTION 13. NOTIFICATION OF DISEASE - No person with any disease in a communicable form, or who is a carrier of such disease, shall work at any dairy farm or milk plant in any capacity which brings him into contact with the production, handling, storage, or transportation of milk, milk products, con- tainers., or equipment; and no dairy farni or milk plant shall employ in any such capacity any such person, or any person suspected of having any disease in a communicable form, or of being a carrier of such disease. Any producer or distributor of milk or milk products upon whose dairy farm, or in whose milk plant, any communicable disease occurs, or who suspects that any employee has contracted any disease in a communicable form or has become a carrier of such disease, shall notify the health officer immediately. SECTION 14. PROCEDUiE WHEN INFECTION IS SUSPECTED - When reasonable cause exists to suspect the possibility of transmission of infection from any person concerned with the handling of milk or milk products, the health officer is authorized to require any or all of the following measures: (1) the immediate exclusion of that person from milk handling; (2) the immediate exclusion of the milk supply concerned from distribution and use; and (3) adequate medical and bacteriological examination of the person, of his associates, and of his and their body discharges. -21- 7 - SECTION 15. PENALTY - Any person who shall violate any provision this ordinance shall be fined not more than $500.00 -at the discretion of the court* Each and every violation of the provisions of this ordinance shall constitute a separate offense. SECTION 16, REPEAL AND DATE OF EFFECT - All ordinances and parts of ordinances in conflict with this ordinance are hereby repealed; and this passage ordinance shall be in full force and effect immediately upon it ed"bkow and publication, as provided by law. SECTION 17. UNCONSTITUTIONALITY CIAUSE - Should any sections paragraph, sentence, clause, or phrase of this ordinance be declared unconstitutional or invalid for any reason, the reaminder of said ordinance shall not be affected thereby. ]ASSFD: November 14, 1955 ATTEST: City Clerk -22- APPROVED: Mayor