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HomeMy WebLinkAbout7023w ` ORDINANCE NO. o v r !rt '-sAl' 'IMMEANCE TO REGULATE THE PRODUCTION, TRANSPORTATION, PROCESSING, ING, SAMPLING, EXAMINATION, GRADING, LABELING, REGRADING, AND SASE OF MILK AND MILK PRODUCTS; THE INSPECTION OF DAIRY HERDS, DAIRIES ANi MILK PLANTS; THE ISSUING AND REVOKING OF PERMITS TO MILD PRODUCERS AND DISTRMBUTORS ; THE PLACARDING OF RESTAURANTS AND OTHER ESTABLISH- MILK OR MILK PRODUCTS; THE FIXING OF PENALTIES; R$PFAING 3486, 4111, 11274, 4360, 4405, 4456, 4857, 48870 1 . 50159 51449 5145, 5390 AND 6129; AND FOR OTHER R48 «` S >t ORDAINED BY CITY COUNCIL OF THE CITY OF LITTLE ROCK, AWCAA SECTION 1. Definitions. The following definitions shall apply in the interpretation and the enforcement of this ordinance: ( (A) Milk. Milk is hereby defined to be the fresh, clean lacteal se- oration obtained by the complete milking of one or more healthy cows, properly fed and kept, excluding that obtained within fifteen days before and five days after calving, or such longer period as may be necessary to render the milk practically colostrum free; which contains not less than eight and one -half per cent (8.586) solids- not -fat and- not less than three and one -half per cent (3.586) milk fat. (B) (C) Rilk Fat or Butter Fat. Milk tat or butter fat is the fat of milk. ;fta„!a. Cream is a portion of milk which contains not less thaw- (D) Skimeted Milk. Skimmed milk is milk from which substantially all the fat has been removed and contains not less than eight and one -half per sent (8.586) solids. (E) Chocolate Milk. Chocolate milk is whole, adjusted or skimmed milk, reconstituted or recombined milk or skimmed milk to which has been added in a sanitary manner a chocolate syrup composed of wholesome.ingredients sad which is labeled with the grade of milk or milk products from which it is made. Chocolate milk shall contain not less than three and one- half per dent (3.586) silk tat; otherwise, it shall be labeled "eh000latm drink." If made of skimmed milk or reconstituted or recombined allk, the label shall so state. (F) Buttermilk. Buttermilk is the product which remains when milk fat is removed from milk or cream, sweet or sour, in the process of churn- ing. It contains not less than eight and one -half per Bent (8.586) milk solids- not -fat. (G) Cultured,Mterailk. Cultured buttermilk is the product resulting fr0� the souring or treatment by a lactic acid or other culture of ilk or milk products and contains not less than eight and one -half per seat' • t * s - 2 - (8.5%) solids -not -fat. If it contains or is made from reconstituted or recombined ztlk or skimmed milk, it must be labeled "recombined cultured buttermilk." (H) Vitamin Milk. Vitamin milk is milk the vitamin-content of which has been increased by a method and in an amount approved by the City Health Officer. (I) Condensed Skimmed Milk. Condensed skimmed milk is skimmed mills from which a considerable portion of water has been evaporated, and which. contains not less than twenty per cent (20%) milk solids and not more than 500,000 bacteria per gram. ( d') Reconstituted or Recombined Milk, _ Skimmed Milk and Cream. Reeon- stituted or recombined milk is a Grade "C" milk product resulting from the recombining of milk constituents with water or other diluent and which complies1„xith the standards for milk fat and solids- not -fat of I milk as giv7A in this ordinance. Reconstituted or recombined skimmed milk is a Grade "C" milk product resulting from the recombining of skimmed milk constituents with water and which complies with the stand- ards 4r sklmmeed.. nilk as given in this ordinance. Reconstituted. or reovmtb nod „Q 'poaa is a Grade "C” milk product resulting from„ the nation of rigid cream, butter or butterfat with cream, milk, skimmed milk, water or reconstituted skimmed milk. (K) Goat Milk. Goat milk is the clean lacteal secretion, free from colustrum, obtained by the complete milking of healthy goats and shall comply with all the requirements of this ordinance. The word "cows" shall be interpreted to include goats. (L) Homogenized Milk. Homogenized milk is milk which has been treated in such manner as to insure break -up of the fat globules to such an extent that after 48 hours storage no visible cream separation occurs in the silk, and the fat percentage of the top 100 cc. of milk in a quart bottle, or of proportionate volumes in containers of other sizes does not differ by more than five per cent ( 5 %) of itself from the-fat percentage of the remaining milk as determined after thorough mixing. Homogenization shall be done before pasteurization is completed. (M) Flavored Milk. Flavored milk is defined as whole, adjusted or skinned milk to which has been added in a sanitary manner a flavoring syrup composed of wholesome ingredients, and which is labeled with the °> grade of milk or milk products from which it is made. If flavored milk contains less than three and one -half per cent (3.5%) milk fat, the a � i 1 • J - 3 - label shall indicate the percentage of milk fat to which the milk has been adjusted. The label shall also state the flavor that has been added or used. If it contains or is made from reconstituted or recombined milk or skimmed milk the label shall so state. .(N) Milk Products. Milk products shall be taken to mean and include dream, homogenized milk, vitamin milk, buttermilk, cultured buttermilk, skimmed milk, reconstituted or recombined milk, cream or skimmed milk, chocolate milk, flavored milk, and any other product made by the addition of any substance to milk or any of these products and used for similar purposes and designated as a milk product by the Health Officer. (0) Pasteurization. The terms "pasteurization," "pasteurized" and similar terms shall be taken to refer to the process of heating every particle of milk or milk products to at least 1430 F. and holding at such temperature for at least 30 minutes, or to at least 1600 F. and holding at such temperature for at least 15 seconds, in approved and properly operated equipment; prov_ia d, that nothing contained in this definition shall be construed as disbarring any other process equally efficient and approved by the State Health Authority. (P) Adulterated Milk and Milk Products. Any milk or milk product which contains any unwholesome substance or which, if defined in this ordinance, does not conform with its definition or which. carries a grade label, unless such grade label has been awarded by the Health Officer and not revoked, shall be deemed adulterated and misbranded. (Q) 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. (R) 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. (S) Dairy Dr-{Hairy Farm. A dairy or dairy farm is any place or prem- ises 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. (T) Milk Plant. A milk plant is any place or premises or establish - sent where milk or milk products are collected, handled, processed, stored, bottled, pasteurized or prepared for distribution. (II) Health Officer. The Health Officer shall be taken to mean the - 4 - health officer of the City of Little Rock, Arkansas, in person, or his authorized representative.. (V) Average Bacterial Count, Average Direct Microscopic Count, Average Reduction Time and Average Cooling Temperature. Average bacterial plate count and average direct microscopic count shall be taken to mean the le rithmic average, and average reduction time and average cooling temperature shall be taken to mean the arithmetic average, of the re- spective results of the last four consecutive samples, taken upon separate days, irrespective of the date of grading or regrading. (W) Grading Period. The grading period shall be such period of time as the Health Officer may designate within which grades shall be de- termined for all milk and milk products; prOTide_d, that the grading period shall in no case exceed six months. (X) Pe_ rson. The word "person" as used in this ordinance shall mean "person, firm, corporation, partnership or association." (Y) And/or. Where the term "and /or" is used, %nd" shall apply where possible; otherwise, "or" shall apply. SECTION 2. The Sale of Adulterated or Misbranded Milk or lk P oduc s Prohibited. No person shall-within the City of Little Rock, Arkansas, deliver, sell,-offer or expose for sale, or have in possession with intent to sell, any milk or milk product which is adulterated or misbranded. The addition of visoolized or homogenized cream to skimmed milk or milk for the purpose of increasing the cream line is prohibited.. SECTION 3. Permits. All the products of any establishment granted a permit under this section, regardless of where the estab- lishment is located or where the products are sold, shall come under the supervision of the Health Officer and must meet all requirements of this and other ordinances of the City of Little Rock pertaining to milk control. It shall be unlawful for any person to bring into or receive into the City of Little Rock, Arkansas, for sale, or to sell or offer for sale therein, or to have on hand any milk or milk product except- ing evaporated milk, condensed milk, condensed skimmed milk, powdered whole milk and powdered skimmed milk who does not possess an unexpired and unrevoked permit from the Health officer of the City of Little Rock, Askansas; and on whose vehicles or in whose place of business there does not appear-in a conspicuous place a placard showing'the permit - 5 - number in figures at least three inches high and one and one -half inches wide. The Health Officer shall require such information from any applicant for a permit as he deems necessary. Said permit shall expire on May 31st of each year; and may be revoked by the Health Officer upon violation by the holder of any of the terms of this and other ordinances of the City of Little Rock, Arkansas; provided, that the holder of said permit shall, after complying with such revocation, have the right of appeal to the Hoard of Health. SECTION 4. Labeling and Plaearding. All bottles, packages, cans and other containers enclosing milk or any milk products defined in this ordinance shall be plainly labeled or marked with (1) the name of the contents as given in the definitions of this ordinance; (2) the grade of the contents if said contents are graded under the provisions of this ordinance; (3) the word "Pasteurized" if the contents have been pasteurized; (4) the word "Raw" if the contents are raw; (5) the name and source of the vitamin used, in the case of vitamin milk; and (6) the name of the producer or distributor. The label or mark shall be in letters of a size and kind approved by the Health Officer and shall contain no marks or words not approved by the Health Officer. Every grocery store, restaurant, cafe, soda fountain or similar establishment selling or serving milk shall display at all times, in a place designated by the Health Officer, a card furnished by the Health Officer stating the lowest grade of milk handled and whether same is raw or pasteurized. SECTION 5. Inspection of Dairy Farms and Milk Plants for the Purpose of Grading or Regrading. At least once during each grading period 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. In case the Health Officer discovers the violation of any items of sani- tation, he shall make a second inspection after a lapse of such time as he deems necessary for the defect to be remedied, but not before the lapse of three days; and the second inspection shall be used in determining the grade of milk and /or milk products. Any violation of the same item of this ordinance on two consecutive inspections shall call for immediate degrading. One copy of the inspection report shall be posted by the Health Officer in a conspicuous place upon an inside wall of one of - 6 - the dairy farm or milk plant buildings, and said inspection report shall not be defaced or removed by any person except the Health Officer. Another copy of the inspection report shall be filed with the records of the health department. SECTION 6. The Examination of Milk and Milk Products. During each grading period at least four samples, taken upon separate days, of milk or cream from each dairy farm and each milk plant shall be tested by the Health Officer. Samples of milk and cream from stares, cafes, soda fountains, restaurants and other places where milk products are sold shall be tested as often as the Health Officer may require. Bacterial counts shall be made in conformity with the plate count method of the standard methods recommended by the American Public Health Association. Tests may include such other chemical and physical determinations as the Health Officer may deem necessary for the detect- ion of adulteration. Bio- assays of the vitamin content of vitamin milk shall be made when required by the Health Officer, in a laboratory approved by him for such examination. Notices of bacterial counts shall be given to the producer or distributor concerned as soon as made, or to any interested person upon request. Samples may be taken by the Health Officer at any time prior to the final delivery of the milk or milk products. All stores, cafes, restaurants, soda fountains and other similar places shall furnish the Health Officer upon his request with the name of the milk distributor from whom their milk and /or milk products are obtained. SECTION 7. The Grading of Milk and Milk Products. At least once every six months the Health Officer shall announce the grades of all milk and milk products delivered by all producers or distributors and ultimately consumed within the City of Little Rock, Arkansas, or its police jurisdiction. Said grades shall be based upon the follow- ing standards, the grading of milk products being identical with the grading of milk except that the bacterial standards shall be doubled in the ease of cream, and omitted in the case of buttermilk and cult- ured buttermilk. Vitamin milk shall be only of Grade "A" or Grade "B" pasteurized; certified; or Grade "A" raw quality. Certified Milk -Raw. Certified milk -raw is raw milk which conforms with the requirements of the American Association of Medical Milk Ccmissions in force at the time of production, and is produced under the supervision of a medical milk commission and of the State Board of Health or of the City, or County Health Officer. - 7 - aradOe =A : Raw Milk. Grade "A" raw milk is raw milk the average bact- -erial 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 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 r sanitation. Item 1. Cow Tuberculosis, ns'+r's Disease, Other Diseases, and Certifi' tes. (a) Tuberculosis. A physical examination and a tuber culim test of all herds and additions thereto shall be made before any milk therefrom is sold, and at least once every twelve months thereafter, by a licensed veterinarian approved by the State Livestock Authority. Said tests shall be made and any reactors disposed of in accordance with the current requirements approved by the U. S. Depart- meat of Agriculture, Bureau of Animal Industry, for accredited herds. Every diseased animal shall be removed from the herd at once and no milk from diseased cows shall be offered for sale. All react- ing animals shall be isolated at once and immediately excluded from the premises. All animals failing to pass the tuberculin test shall be branded with the letter "T" on the left jaw and removed at once and slaughtered under the direction of the Health Officer. Each letter in the brand shall be not less than two inches high and one and one -half inches wide. Each animal tested shall be identified by a numbered metal tag or tattoo mark. (b) 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 ones Provided,, however, that when reactors every twelve months thereafter; g , � 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 i left jaw and removed from the premises immediately, and no milk from said reactors shall be offered for sale. Reactors shall not exceed five per cent of the cattle of testing age on any test. (c,) Diseases other than Tuberculosis and Bang's Disease.- For diseases other than tuberculosis and Bang's disease such tests as the Health. I' Officer may repine shall be made at intervals and -by methods, prescribed by him, and any diseased animals or reactors shall -be disposed'of as he `, may require. - 8 - Item 2. Dairy Barn -- Lighting. Such sections of all dairy barns where cows are kept or milked shall have at least three square feet of window space for each stanchion. Item 3. Dairy Barn -- Air Space. Such sections of all dairy barns where cows are kept or milked shall have at least five hundred (500) cubic feet of sir space per stanchion and shall be well ventilated. Item 4. -- Dairy Barn -- Floors. The floors and gutters of such parts of all dairy barns in which cows are kept or milked shall be constructed of concrete and shall be graded to drain properly and kept clean and in good repair. No horses, pigs, fowls, etc., shall be permitted in parts of the barn used for dairy purposes. Item 5. Dairy Barn -- Walls and Ceilings. The walls and ceilings of all dairy barns shall be whitewashed once each year or painted once every two years or oftener if necessary, or finished in an approved manner, and shall be kept clean and in good repair. In case there is a second story above that part of the barn in which cows are milked, the ceiling shall be tight. If the feed room adjoins the milking space it shall be separated therefrom by a.dust -tight partition and self- closing door. No feed shall be stored in the milking portion of the barn. The walls shall be built on concrete curbs no lose than twelve (12) inches in height. Item 6. Cow Yard. All cow yards shall be graded and drained as well as practicable and kept clean. Item 7. Manure Disposal. All manure shall be removed and stored or disposed of in such manner as best to prevent the breeding of flies therein or the access of cows to piles thereof, and shall be moved at least fifty (50) feet from the barn if stored. Item S. Milk House or Room -- Construction. There shall be provided a sulk house or milk roan in which the cooling, handling and staring 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 room shall be provided with a tight floor constructed of concrete or other impervious material, in good repair, and graded to provide proper drainage. (b) It shall have walls and ceilings of such construction as to per- mit easy cleaning and shall be well painted or finished in an approved manner. (c) It shall be well lighted and ventilated. - 9 - 1 (d) It shall have all opeAngs 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 other purposes than those specified above except as may be approved by the Health Officer; shall not open directly into a stable or into any room used for domestic purposes; shall have water piped into it; shall be provided with adequate facilities for the heating of water for the cleaning of utensils; shall be equipped with three- oompartment stationary wash and rinse vats; and shall be partit- ioned to separate the handling of milk and the storage of cleaned utensils from the cleaning and other operations, which shall be so located and conducted as to prevent any contamination of the milk or of cleaned equipment. The walls shall be built on concrete curbs at least eighteen (18) inches in height. Item 9. Milk House or Room -- Cleanliness and Flies. The floors, walls, ceilings and equipment of the milk house or room shall be kept clean at all times. All means necessary for the elimination of flies shall be used. Item 10. Toilet. Every dairy 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 or contaminate any water supply. Item 11. water Supply. The water supply for the milk room and dairy barn shall be properly located, constructed and operated, and shall be easily accessible, adequate and of a safe, sanitary quality. Item 12. utensils -- Construction. All multi -use containers or other utensils used in the handling, storing or transportation of milk or milk products must be made of smooth non - absorbent material and of E- �suoh construction as to be easily cleaned and must be in good repair. Zoints and seams shall be soldered flush. Woven wire cloth shall not a be used for straining milk.. All milk pails shall be ot/small mouth design approved by the Health Officer. The manufaciture, packing, transportation and handling of single- service containers and container caps and covers shall be conducted in a sanitary manner. Item 13. utensils -- Cleaning. All multi -use containers, equipment and other utensils used in the handling, storage or transportation of j.__.._ milk and milk products must be thoroughly cleaned after each usage. - 10 - Item 14. utensils -- Bactericidal Treatment. All multi -use containers, equipment and other utnesils used in the handling, storage or trans- portation of milk or milk products shall between each usage be subjected to an approved bactericidal process with steam, hot water, chlorine or . hot air. Item 15. utensils -- Storage. All containers and other utensils used in'the handling, storage or transportation of milk or milk products shall be stored so as not to become contaminated before being used. Item 16. Utansils -- Handling. After bactericidal treatment no container or other milk or milk product utensil shall be handled in such manner as to permit any part of any person or his clothing to come in contact with any surface with which milk or milk products come in contact. Item 17. Milking -- Udders and Teats; Abnormal Milk. The udders and teats of all milking cows shall be clean and rinsed with a bactericidal solution at the time of milking. Abnormal milk shall`v!be kept out of the milk supply and shall be so handled and disposed of as to preclude the infection of the cows or the contamination of milk utensils. Item 18. Milking -- Flanks.. The flanks, bellies and tails of all milking caws shall be free from visible dirt at the time of milking. Item 19. Milkers' Hands. Milkers• hands shall be clean, rinsed with a bactericidal solution and dried with a clean towel immediately be- - fore milking and following any interruption in the milking operation. Wet -hand milking is prohibited. Convenient facilities shall be provided for the washing of milkers' hands. Item 20. Clean Clothing. Milkers and milk handlers shall wear clean. outer garments while milking or handling milk, milk products, contain- ere, utensils or equipment. Item 21. Milk Stools. Milk stools shall be made of metal, kept clean � k and stored above the floor. Item 22. Removal of Milk. Each pail of milk shall be removed immedi- ately to the milk house or straining room. No milk shall be strained or poured in the dairy barn. Item 23. Coolin . Milk must be cooled immediately after acmap- letion of milking to 500 F. or less and maintained at that average tempe *ature. Item 24. Bottlingi and Capping. Milk and milk products shall be bottled from a container with a readily cleanable valve or by means of an approved bottling machine. Bottles shall be capped by machine. - 11 - Caps or cap stock shall be purchased in sanitary containers and kept therein, in a clean, dry place until used. Item 25. Personnel -- Health. Every person connected with a dairy or milk plant whose work brings him or her in contact with the production, handling, storage or transportation of milk or milk products shall have within twelve months passed a medical examination which shall in- clude a Wassermann and chest X -ray annually and typhoid inoculation biannually, made by the Health Officer or by a licensed physician approved by the Health Officer, and shall submit such specimens of body discharges as the Health Officer may require. Item 26. Notification of Disease. Notice shall be sent to the Health Officer immediately by any milk producer or distributor upon whose dairy farm any case of sickness or any infectious, contagious or communicable disease occurs. Item 27. Miseellaneous. All vehicles used for the transportation of milk or milk products shall be so constructed and operated as to pro- tact their contents from the sun and from contamination. All vehicles used for the transportation of milk or milk products in their final delivery containers shall be constructed with permanent tops and with permanent,or roll -down sides and back; provided, that openings of the size necessary to pass the delivery man may be permitted in the sides and back for leading and unloading purposes. All vehicles shall be kept clean; and no substance capable of contaminating milk or milk products shall be transported with milk or milk products in such manner as to permit contamination. All vehicles used for the distri- bution of milk or milk products shall have the name oP the distributor prominently displayed. The immediate surroundings of the dairy shall be kept in a neat, clean condition. Premium Quality Grade "A" Raw Milk. Premium quality Grade "A" raw -milk is milk the average bacterial count of which does not exceed 30,000 per cubic centimeter and which contains not less than twelve and one -half per cent (12.5 %) total solids. Unless otherwise indicated on the label it shall contain an average of not less than four and one- half per cent (4.5 %) butter fat with a tolerance of two - tenths per cent (0.2%) below four and one -half per cent (4.5%) on individual samples. In case it is desired to maintain an average below four and one -half per cent, the average per cent of butter fat shall be stated on the - 12 - sap, but shall not be'less than four and three - tenths per cent (4.3%). In all cases, the average butter fat shall be based upon not fewer than four samples over a period of sixty days. The Health Officer is hereby directed to establish require- .ments and regulations for the production and sale of Premium quality Grade "A" raw milk, but such requirements and regulations as promul- gated - by the Health Officer shall not be bilawthhes sanitary, the equipment and other requirements of Grade "A" 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 (95°x) based upon the rating method used by the U. S. Public Health Service. Grade "B" Raw Milk. Grade "B" raw milk is Bilk the average bacterial count of which at no time prior to delivery exceeds 200,000 per cubic 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 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 items of sanitation required for Grade "A" raw milk with the following exceptions: (1) Two -room milk house and running water are net required. (2) two- compartment, stationary wash vats are re- quired. (3) Item 23 shall apply, except that the cooling temperature shall be changed to 600 F. (4) All herds shall adopt and maintain some method approved by the Health Officer for the control of Bang's disease. Grade "C" Raw Milk. Grade "C" raw milk is milk the average bacterial count of which at no time prior to delivery exceeds 500,000 per cubic centimeter or which falls in Class 2 as determined by the reductase test and which is produced upon dairy farms conforming with all the items of sanitation required for Grade "B" raw milk. Grade "D" Raw Milk. Grade "D" raw milk is milk which does not meet the requirements for Grade "C" raw milk. No person shall buy, receive, transport, sell or offer for sale in any manner, either for wholesale or retail, to any person selling milk in the City of Little Rock,.Arkansas, any Grade "C" or "D" raw milk ex- L cept from a dairy holding an unexpired permit and for a period of fourteen days from date of notice, ` where such permittes for any reason may have been degraded; provided, that during the fourteen days said penmittee observes and complies with the labeling requirements of - 13 - Section 4 of this ordinance and provided further that the milk is handled in compliance with Section 10 of this ordinance. Certified_ Milk- Pasteurized. Certified milk - pasteurized is certified milk -raw which has been pasteurized, cooled and bottled in a milk plant conforming with all the requirements for Grade "A" pasteurized milk. Grade "A" Pasteurized Milk. Grade "A" pasteurized milk is Grade "A" or Grade "B" raw milk which has been pasteurized, cooled and bottled in a milk plant conforming with all the following items of sanitation and maintaining an average sanitary rating of not less than ninety per cent (90 %) based upon the rating method used by the U. S. Public Health Service, and the average bacterial plate count of which at no time after pasteurization or until delivery exceeds 30,000 per cubic centimeter. Item 1. F1 oars. The floors of all rooms in which milk is handled shall be constructed of concrete or other equally impervious and easily cleaned material, shall be smooth, shall be provided with trapped drains, and shall be properly drained and kept clean. Item 2. Walls and Ceilings. Walls and ceilings of rooms in which or stored shall be frequently painted with a light- colored paint or finished in a manner approved by the Health Officer and kept clean. -Item 3. Doors and Windows. Unless other effective-means are provided to prevent the access of flies, all openings into the outer air shall be effectively screened and doors shall be self- closing. i Item 4. Lighting and Ventilation. All rooms shall be well lighted and ventilated. Item 5. Miscellaneous Protection from Contamination. The various milk plant operations shall be so located and conducted as to prevent an,y contamination of the milk-or of the cleaned equipment: °°t l meatus necessary for -the elimination of flies shall be used. There shall be, separate rooms for (a) the pasteurizing, processing, cooling and w bottling operations and (b) the washing and bactericidal treatment of containers. 1oapty cans shall not be washed in the receiving room. Cans of raw milk shall not be unloaded directly into the pasteurizing room but shall be received in a roam provided for that purpose. 4 Pasteurized milk or milk products shall not be permitted to come in contact with equipment with which unpasteurized milk or milk products - 14 - have been in contact. 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 shall be used for no other purposes than the processing of milk and milk products and the operations incident thereto, except as may be approved by the Health Officer. Item 6. Toilet Facilities. Every milk plant shall be provided with an approved septic tank conforming with the ordinances of the City of Little Rock, Arkansas, and the rules and regulations of the State Board of Health. 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, well venti- lated, and Trovided with hand- washing facilities including warm running water, soap and individual towels. Item 7. Water Supply. The water supply shall be properly located, easily accessible, adequate, of a safe, sanitary quality and protected from contamination. No physical connection shall be permitted between any potable public water supply and other supplies either through cross eoanections, auxiliary intakes or by- passes. Item S. Hand - Washing Facilities. Convenient hand- washing facilities shall be provided, including warm'running water, soap and approved sanitary towels. The use of a common towel is prohibited. Item 9. Sanitary Piping. All piping used to conduct milk or milk products shall be "sanitary milk piping" of a type which can be easily cleaned with a brush. Pasteurized milk and milk products shall be conducted from one piece of equipment to another only through sanitary. Piping • Item 10. Construction and Condition of Containers any bxeat�, All multi -use containers and equipment with which milk or milk products come in contact shall be constructed in such manner as to be easily .eleaned -and shall be kept in good repair. The manufacture, packing, transportation and handling of single- service containers and�contain- er caps and covers shall be conducted in a sanitary manner. Item 11. Disposal of Wastes. All wastes shall be disposed of in i conformity with the requirements of the Health Officer. Item 12. Cleaning and Bactericidal Treatment of Containers and Equipment. All milk and milk products containers and equipment except - 15 - single - service Containers shall be thoroughly cleaned after each usage. All containers shall be subjected to an approved bactericidal treatment after each cleaning and all equipment, immediately before each usage. When empty and before being returned to a producer by a milk plant, each container shall be effectively cleaned and subjected to bac$ek-ioidal treatment. Where bottles are washed by machine, the final spray rinse shall contain thirty to fifty parts per million of chlorine. Item 13. Storage of Contain_ rs and Equipment. After bactericidal treatment all bottles, cans and other multi -use milk or milk product containers and equipment shall be stored in such manner as to be protected from contamination. Item 14. Handling of Containers and Equipment. Between bactericidal treatment and usage, and during usage, containers and equipment shall not be handled or operated in such manner as to permit contamination of the milk or milk products. Containers shall not be used for any purpose other than the handling of milk or milk products. Item 15. Storage of Caps, Parchment Paper and Single- Service Contain- ere. Milk bottle Caps or cap stock, parchment paper for milk cans and single- aervice containers shall be. purchased and stored only in sani- tary tubes and cartons, respectively, and shall be kept therein in a Clean, dry place. Item 16. Pasteurization. Pasteurization shall be performed as described in the definition section of this ordinance. The time and temperature record charts shall be dated and preserved for a period of three months for the information of the Health Officer. Item 17. Cooling. A11 milk and milk products received for pasteur- ization shall immediately be cooled in approved equipment to 500 F. err less and maintained at that temperature until pasteurized, unless they are to be pasteurized within one hour after receipt; and all pasteurized milk and milk products shall be immediately Cooled in approved equipment to a temperature bf 500 F. or less and maintained thereat until delivery. Item 18. Bottling. Bottling of milk and milk products shall be done at th ®,place of pasteurization in mechanical equipment approved by the Health Officer. Item 18. Overflow Milk. Overflow milk or milk products shall not be sold for human consumption. - 16 - Item 20. Capping. Capping of milk and milk products shall be done by mechanical equipment approved by the Health Officer. Hand- capping is prohibited. The cap or cover shall cover the pouring lip to at least its largest diameter. Item 21. Notification of Disease. Notice shall be sent to the Health Offiodr immediately by any milk producer or distributor upon whose dairy farm or in whose milk plant any case of sickness or any infectious, contagious or communicable disease occurs. Item 22. Personnel -- Cleanliness. All persons oozing in contact with milk, milk products, containers or equipment shall wear clean outer garments and shall keep their hands clean at all times while thus engaged. Item 23. Miscellaneous. The requirements pertaining to vehicles used for the transportation of Grade "A" pasteurized milk or milk products shall be identical with those for Grade "A" raw milk given in Section 7, Grade "A" Raw Milk, Item 27. The immediate surroundings of the milk plant shall be kept in a neat, clean condition. The grading of a pasteurized milk supply shall inolude the inspection of receiving and collecting stations with respect to items of sanitation that are applicable. Premium Quality Grade "A" Pasteurized Milk. Premium Quality Grade "A" pasteurized milk is pasteurized milk the average bacteria count of which does not exceed 10,000 per oubio centimeter and which contains not less than twelve and one -half per cent (12.50 total solids. It shall contain an average of four and one -half per cent (4.590 butter fat with a tolerance for the average of two- tenths per cent (0.2%) above or below four and one -half per cent and a minimum of four per cent (4.0%) on individual samples. In all cases, the average butter fat shall be based upon not fewer than four samples over a period of sixty days. The raw milk supply must be of Grade "A" raw quality, excepting the requirement for Bang's testing, and must be pasteurized in plants maintaining an average sanitary rating of not less than ninety -five per cent (95%) based upon the rating method used by the U. S. Public Health Service. Qrade. "B" Pasteurized Milk. Grade "B" pasteurized milk is pasteurized milk uhioh violates the bacterial standard for Grade "A" pasteurized milk and /or the requirement that Grade "A" or "B" raw milk be used, - 17 - but conforms with all other requirements for Grade "A" pasteurized milk. The average bacterial count of Grade "B" pasteurized milk shall at no time after pasteurization exceed 50,000 per cubic centimeter. Grade "B" pasteurized milk shall be made from raw milk or milk products, or any combination.thersof, of not less than Grade "C" quality. If a recom- bined or reconstituted product is used it must be shown on the cap. Grade "C" Pasteurized Milk. Grade "C" pasteurized milk is pasteurized milk which violates any of the requirements for Grade "B" pasteurized, milk. SECTION 8. Grades of Milk which May be�Sold. 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 "B" pasteurized, Premium Quality Grade "A" pasteurized, Certified, Grade "A" raw and Premium Quality Grade "A" raw; pro, oyided, that if Bang's disease reactors in Grade "A" raw milk herds exceed five per cent (5%) of the cattle of testing age, the milk there- from shall be pasteurized until such time as required.to obtain three negative tests. Grade "B" pasteurized milk or milk products shall be sold only in cases of extreme shortage, as determined by the Health Officer, and during temporary periods of degrading not exceeding thirty consecutive days. _.Any person desiring to sell Grade "B* pasteurized milk or milk products shall make application to the Health Officer for permission, giving the reasons therefor, the source and kind of products to be used and the expected length of time it is to be sold. i SECTION 9. Supplementary Grading Prescribed and Regrading Authorized. If at any time a lower grade shall become justified in accordance with Sections 5, 6 and 7 of this ordinance, the Health Officer shall immediately lower the grade of such milk or milk products and shall enforce proper labeling and placarding thereof. Any producer or distributor of milk or milk products the grade of which has been lowered by the Health Officer, and who is properly labeling -his milk and milk products, may at anytime make application for the regrading of his product. Upon receipt of a satisfactory application in case the lowered grade is the result of an exeessive',average pacterial plate count, reduction time or cooling temperature, the Health Officer shall take further samples of the applicant's output. The Health Officer shall regrade the milk or - 18 - milk products upwards whenever the average of the last four sample results, taken upon separate days, subsequent to degrading indicates the necessary quality. ' In case the lowered grade of the applicant *s product is due to a violation of an item of the specifications prescribed in Section 9 ether than average bacterial plate count, reduction time or cooling tenperature, the said application must be accompanied by a statement signed by the applicant to the effect that the violated item of speci- fication has been conformed with. Within one week of the receipt of such an application and statement, the Health Officer shall make a re- inspection of the applioant's establishment and thereafter as many additional reinspections as he may deem necessary to assure himself that the applicant is again complying with the higher grade require- ments; and, in case the findings justify, shall regrade the milk or milk products upward. SECTION 10. Transferring or Dipping Milk; Delivery Containers; Handling of More than One Grade. Except as permitted in this section, no milk producer or distributor shall transfer milk or milk products or milk bottle caps from one container to another on the street, or in any vehicle or store, or in any place except a bottling or milk ram espooi*14 used for that purpose. The sale of dip Milk is hereby prohibited. All pasteurized milk and milk products shall be placed in their final delivery containers in the plant in which they are past- eurized, and all raw milk and milk products sold for consumption in the raw state shall be placed in their final delivery containers at the farm at which they are produced. All milk and milk products sold shall be delivered in standard milk bottles or in non - returnable single- service containers. It shall be unlawful for hotels, soda fountains, restaurants, groceries and similar establishments to sell or serve any milk or milk product except in the original 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 consumed on the premises, which maybe served from the original bottle or from a dispenser approved Tor such bervice. It shall be unlawful for any hotel, soda fountain, restaurant, grocery or similar establishment to sell or serve any milk or milk - 19 - products which have not been maintained while in its possession at a temperature of 500 F. or less. No milk or milk products shall be permitted to come in con- tact with equipment with which a lower grade of milk or milk products has been in contact unless such equipment has first been thoroughly cleaned and subjected to bactericidal treatment. Bottled milk or milk products, if stored in water, shall be so stored that the tops of the bottle* will not be submerged. It shall be the duty of all persons to whom milk or milk products are delivered to clean thoroughly the containers in which such milk or milk products are delivered before returning the containers. Apparatus, containers, equipment and utensils used in the handling, storing, processing or transportation of milk or milk products shall not be used for any other purpose without the permission of the Health Officer. Single- service containers shall not be used a second time. SECTION 11. Milk and Milk Products from Points Beyond the Lis of Inspection of the City of Little Rock. Milk and milk products from points beyond the limits of inspection of the City of Little Rock, Arkansas, may not be sold or disposed of in the City of Little Rook, Arkansas, or its police jurisdiction* unless approved by the Health Officer and properly labeled. SECTION'12. Spitting or Smoking. No person shall spit or smoke in any part of any room or other place used for the sale, storage, handling or transportation of milk. SECTION 13. Vehicles, All vehicles used for the delivery of milk and /or milk products to be disposed of in whole or in part in the City of Little Rock, Arkansas, or its police jurisdiction, shall be of closed type except in the case of a producer hauling his own supply to a distributor, in which case the milk shall be covered. The milk shall be protected from the sun, dust, flies and from contamination. The transporting of milk and /or milk products with animals, carcasses, farm products or any-food substance is ex- pressly prohibited. When it is necessary to transport merchandise with empty cans on return trips the cans must be protected with tarpaulin covers. SECTION 14. Denaturing and Deotrosiag Misbranded or.-Adult erate &, Products. The Health Officer may denature with rennet -or some harmless coloring matter any-milk or milk products found misbranded 20 with respect to grading or adulterated or sold without a permit; provided, that if the conditions warrant, the milk or milk products may be destroyed. SECTION 15. Repasteurization Prohibited. No milk or milk products shall be pasteurized more than once except as may be specially permitted by the Health Officer. SECTION 16. Future Dairies and Milk Plants. All dairies acid milk plants from which milk is supplied to the City of Little Rock, Arkansas, and which are hereafter constructed shall conform in their construction to the requirements of the Health Officer, which shall not be less than the Grade "A" requirements of this ordinance. SECTION 17. Pew. Any person who shall violate the provisions of this ordinance, upon conviction thereof shall be fined not less than twenty -five dollars ($25) or more than one hundred dollars ($100), and each day of such violation shall constitute a separate offense. SECTION 18. Repeal and Date of Effect. Ordinances No. 3486, 4111, 4274, 43609 44050 44561 4857, 4887, 48910 5011, 50129 50159 5144, 5145, 5390 and 6129 are hereby repealed, and all ordinances and parts G of a rdimmees in conflict herowith are hereby repealed; and this ordinance shall be in full fere3e card ' effect one hundred and twenty C (120) days after its passage and approval. SECTION 19. Unconstitutionality Clause. Should any section, paragraph, sentence, clause or phrase of this ordinance be declared unconstitutional or invalid for any reason, the remainder of said ordinance shall not be affected thereby. Passed: 41:2#4 Attestot: Cit ' Clerk Approved- Mayor