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Home My WebLink About54556 C RD INAiINCE NC. 54;) . AN CrcDI TAw10E RLGLLATING T174, T - iaDLI _`TG OF 1.TILK BY DAIRTDTI N AND "`ILK DEALER^, DE ^CRIBING HCV.T ?:'ILiC BCTTLES AND T ILK CANS S"ALL BE l." ?'D r' TD U.]ED, RE-, IUIRI-'TG REGISTRATION :ITH TIE HEALTH DEPARTI12NT, PT'CHIBITI_NG TIFF. U"'E BY ANY- 11, CF BCTTLFS NCT '; RI7 'D AIS , :':UIR D, PRCHIBITI' G TTc D '_:*TRUCTIC.N, DTF1 C TT%'ENT, 7ECRETI T CR CF F,iILK BGTi U C. r. XIILK CAi�T`> BELCNGI IG TC Aw?CTI : {, TO PUNISH BY FI1E C11 I':1:PRISCN ENT !Jrf Y'ICLATIC T CF A- -E CTMI'NANCE, A:TD F CR C' R URPCSEcF . Be it ordained by the city council of the city of Little Rock, Arkansas: SECTION 1. For the purrese cf this ordinance the follow- ing definitions shall apply: (a) "Person" shall mean person, persons, partnership, corporation or association. (b) The personal pronoun "h.e ", or any gra=atical case of said pronoun, shall be considered to refer to any Sender required in the context, ail-lether mascu- line, feminine or neuter. (c) "Health Department" shall mean only the health de- partment of -U--e cite= of - ittle bock. (d) "Milk" shall include sweet milk, buttermilk, skimmed milk or cream, whether rar,, cr pasteurized. SECTION 2. From and after January 1, 19,38, every person producing or processing --ilk for sale in the city of "Little Rock, other than to a pasteurizing Plant cr an ice cream manufacturing plant, shall have such milk contained in glass bottles or cans, cn the side of %,hich bottles or cans t':.e name cf such person shall be blo,.,n or other - wise-ge-rmanently in rked, and the caps on said bottles or cans shall bear the name of 15he producer or processor. SECTION 2 -a. Any person engaged in the production of milk vaho sells the same to a pasteurizing; Plant or to an ice cream nanufacturing plant, shall be exempt from th.e re uiiements of -sections 2 and 3 of this Ordinance -2- only insofar as that part of his production is concerned that is sold to a pastet_-j.rizing plant er an ice cream manufacturing plant. SECTIGN 2 -b. In lieu of raving his own name on such bottles or cans as aforesaid, any member of an incorpo- rated milk association, and any nm.r on ; ho obtains authority from such association to do so, may use bottles or cans marked with the name of such association, and the use cf such bottles or cans shall be deemed a compliance with Section 2 of this C,rdinance. SECTIGN 3. every person en Malted in the production or processing of milk for sale shall register on or before January 1, 1938, with the wealth Derartm_ent, a descrip- tion of the bcttles or cans he intends to use, and shall not thereafter use any bottles or cans other than those described in his registration rithout first renortin:�. to the - Health Denartment a description of the bcttles cr cans to which he intends to change. hen any such per- son shall have complied with this requirement, such fact shall create a presumption that the person or asso- ciation whose name is so marked on the bottle or can is the owner of the same. No person s;;-.all be allowed to register more than cne description of bottles or cans for his use except that upon ceaing to use bottles or cans rith an incorporated .;;il a . sociation's name there- on, and to adopt the use of bcttles :.larked with the name of himself, he shall be allo,.wed a period cf eight months during :, which lie shall be allowed to use both bcttles with his own re.�71�tered name and such associ- ation's bottles or cans. But anon the expiration of such eight months' period, he shall cease to use bottles or cans with the name of t'--e milk association thereon. SECTION 3 -a. No person, dairy or milk plant shall be granted a permit to sell milk after January 1, 1938, -3- r a without first registering with the Eealth Department a de- crintien of its bcttles or cans, as sreeified in this Ordinance. SECTION 3 -b. Any person hc.rhall sell cr otherwise dis- pose of his busine-s in bulk may Nell his bctt es and cans tc the pure aser, and such purchaser shall have all the rights, rriviler_-es, immunities and obligations of the original owner, provided that such purchaser shall, within five days frcm the date of nurchase, re - -is- ter with the - -ealth Derartment a certificate of said sale, and shall himself r,rocure a permit to sell milk. SECTION 3 -c. It shall be unlawful for any person to use upon his bottles or cans any name which has already been registered by another per on under the provisions of this Ordinance, except the name of an incorporated milk as, cciation 7.�lhich c_as authorized him to use its name. SECTION' 4. It shall be unla .ful for any per son engaged in the distribution of milk to use bottles cr cans bear- ing the name of any per =on oth =r th=an the rerscn y,;hc pro- duced or processed the milk contained in said bottles or cans, or to use the name c:f a--i. incorporated milk associ- ation who has not authorized such use of its name. SECTION 5. No person othE r than the rightful o,!Mer shall destroy, deface or in any way attempt tc remove from any milk bottle cr can, or secrete cr vjithhold any milk bot- tle or milk can belonging tc any other ner:on, and any person so doing shall be guilty cf a misdemeanor and shall be punished as provided in this Crdinance. SECTION 6. The use, possession or control by any person engaged in the business of buying, selling, = enting, re- ceiving, storing, transnorting or in any way dealing in second -hand merchandise or junk, of any milk bottles or cans which have thereon or "therein blown or T)rinted the I -4- J t t name of any milk producer or processor, shall be prima facie evidence of the violation of this Crdinance. SECTICN 6 -a. any incorporated milk association, in its operation of the bottle excl-ange for the benefit cf its members, is exempt from the provisions of -Section 6 of this Crdinance. SECTION 7. It shall be unlawful for any person to put any substance other than milk in a bottle marked ,rjith the name of any dairyman or milk association, or for any person to return or permit to be returned any milk bottle or can in an unclean or cifensive condition. SECTICN 7 -a. Any person, partnership, associticn or corporation engaged in the retail distribution of !silk, such as grocery stores, cafes, restaurants, hotels and milk depots, are hereby -?rohibited from. purchasing out- right cr trading merchandise for bottles or cans bearing the name of any person cr incorporated association. They may, however, accent deposits on bottles or cans and issue deposit checks or tokens, to be furnished them by the ofrner of such bottles or cans, and bearing the o:raner's name thereon. No milk dealer shall redeem such deposits. on bottles or cans except when such bc: tle or can is accompanied by deposit ch,_ck or token bearing the name corresponding to t'---.e name cn the bottle cr can. SECTION 8. Any z -)erson, servant or agent, cr as the ser- vant cr agent of any other nersen, or as the officer, serva-,t or agent cf any firm or cc.rrcraticn, ^ +hc violates any cf the provisions of this Crdinance, shall, upon con - victicn, be punished by a fine cf not less than '15.00 nor more than X25.00, or imprisoned in the city jail not less than ten, nor more than thirty days, or both. SECTICN 9. All Crdinances and carts of Ordinances in conflict hereidth are hereby revealed. r -5- T R it r, F r SECTION 10. If any section, clause, nrovisicn or por- tion of this C.rdinance shall be hld i:lvalid, such hold - ing `;hall not affect any other section, clause or pro- vision of this Ordinance. SECTION 11. This ordinance shall take effect and be in force from and after January 1, 1938. Passed: Liay 31, 1937. ATTE S':_ City Clerk. APPROVED • ✓� �J 1 Llay or.