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HomeMy WebLinkAbout5334ORDINANCE NO. S' m J/ AN ORDINANCE SETTING UP CERTAIN SANITARY REgUIRE v EN'TS FOR ICE CREAU, ICE CREAM MIX, ETC.; PROVIDING REGULA- TIONS FOR THE LANUFASTURE AND SALE OF ICE CREAM, ICE CREAM MIX, ETC.: REQUIRING THAT CERTAIN SANITARY RE- QUIREMENTS BE MET BY PERSONS MANUFACTURING OR EMPLOYED IN THE MANUFACTURE OF ICE CRW, ICZ CREAM MIX, ETC.; FIXING A PENALTY FOR THE VIOLATION OF THIS ORDINANCE, AND FOR OTHER PURPOSES BE IT ORDAINED BY THE CITY COUZOIL OF THE CITY OF LITTLE ROCK, ARKANSAS SECTICA 1. The following definitions shall apply in the inter- pretation and the enforcement of this ordinance: A. "Ice Cream" shall be construed as meaning any frozen product made from milk, cream, mile products and sugar, or any combination thereof, with or without flavoring, fruits, nuts, cocoa, chocolate, or eggs, and which contains not less than 8 per cent silk (butter) fat, except Fruit and Nut Ice Cream which shall contain not less than 6 per cent milk (butter) fat. B. "Custard Ice Cream ", "French Ice Cream" , "French Custard ", and Frozen_ custard shall be construed as Leaning ice cream, as defined in the above definition "A ", to which has been added not less than 5 dozen clean, wholesome egg yolks, or the equivalent of such egg yolks in any wholesome form, in each (90) ninety pounds of finished product. C. "Sherbert" shall be construed to mean any frozen, sweetened, fruit flavored product, containing not more than % by weight of milk Butter) fat, not more than 12% by weight of total milk solids, the process of manufacture of which is similiar to the process of manu- facture of ice cream, no :clatter under what name it may be sold or offered for sale. Sherbert when sold or offered for sale under any coined or trade name shall be plainly and distinctly ;narked as "a sheroert" in addition to said coined or trade name designation and in juxtaposition thereto. D. "Iced Milk" shall be construed to mean any frozen, sweetened product, containing milk solids made in a manner similiar to ice cream and which contains less than jo milk (butter) fat, more than 51 milk (butter) fat, and more than 12 per cent of mile solids. "Iced :ilk" when sold or offered for sale under any coined or trade name shall be plainly and distinctly marked as Iced Milk in ad- dition to the said coined or trade name designation and in juxtaposition thereto. E. ''Ice", "k ruit Ice" or °Ices" shall be construed to mean any % % 6 frozen sweetened fruit flavored product, the process of manufacture Of which is siii,ilar to the process of manufacture of ice cream, no matter under what name it may be sold or offered for sale and shall contain no milk solids. F. "Ice Cream Mix" shall 'be construed to mean a mixture of all milk, cream, milk products and sugar used in ice cream, together with all food stabilizers and egg products, if such are used, and with or without flavoring materials and color. G. "Ice Cream Plant" shall be construed to mean any place, pre - ..ises or esta:blish,.,ent, or any nart thereof, where ice cream ,,,ix is collected, processed, and manufactured, frozen_, or pre -)axed for distri- bution and/ or sale. H. "Pasteurization" Pasteurized and Pasteurize and similar terms shall be construed to mean the heating of every particle of the ice cream mix to a temperature of not less than 1445 degrees Fahrenheit and holding at that temperature for not less than 30 minutes; or to a tem- perature of 150 degrees Fahrenheit anc held for 20 minutes; or heated to a temperature of 170 degrees Fahrenheit with the flash or continuous syste., of pasteurization, and then i,,unediately cooled to a temperature of at least 50 degrees Fahrenheit and held at or below that temperature until frozen. I. "Person" includes masculine and f ewinine , and any firm cow)art- nership, institution, association, or corporation, and any agent, ser- vant, assistant, employee, or representative thereof. J. "To Sell ", "For Sale ", or "Sold ", and si.ilar temps means the sellin6, exchanging, delivering or having in possession, care control or custody with intent to sell, exchange, or deliver, or to offer to ex-oose for sale. K. "- 'ealth Officer" shall be taken to mean the Health Officer of the City of Little Rock, ARKANSAS, in ( ,)erson, or his authorized repre- sentative. L. "Manufacturer" shall be taken to wean any person engaged in the processing, :nixing or freezing f ice cream or ice cream mix. SECTION 2. From and after the passage of this ordinance, it shall be unlawful to sell or offer for sale any ice cream Which contains less than 1pi of milk (butter) fat, less than 321 total solids, and which weighs less than 4.2 lbs. per gallon. It shall not contain more than 100,000 bacteria ner cubic centimeters. Said count shall be the logarith- mic average fro" at least four consecutive samples of the ice cream so tested. >ECTION 3. Any person, firs: or corporation desiring to engage in the manufacture of ice cream or ice cream mix outside of the city limits of the City of Little Rock, for the purpose of selling said ice cream or ice cream mix within said City, shall be required to submit to the City Health Department of the City of Little Rock certificates from the Health Denartment of the City wherein said Ice cream and /or ice cream mix was manufactured showing that same comes within the specifications as set up in this ordinance, provided that the City Health Officer shall have the right to make any re- inspections he deems necessary. SECTION 4. Any person, firm or corporation desiring to engage in the manufacture of ice cream nAw for sale in the City of Little Rock, Arkansas, after April 1, 193;, must apply to the City Health Department for an insnection of his, her or its premises and apparatus, and for a permit to engage in said business. Within five (5) days, the said in- spectmr shall inspect said premises ;nd apparatus, and, if satisfied of sanitary conditions, he shall issue a permit to said applicant, upon pre- sentation of which to the City Collector, and the payment of Twenty Dollars ($20.00) as annual license fee, a license shall be issued author- izing the applicant to manufacture ice cream for sale. Said license fee shall be due and payable on or before April 1, and expire March 31, of each year. SECTION 5. (A) Ice cream plants shall be so located as to insure proper shelter and drainer e. Grounds bhall be kept clean and no refuse shall be allowed to accumulate around or under piatf ores. B. No basement shall be used as an ice cream plant unless approved by the City Health Officer. C. No person shall reside or sleep in an ice create -plant. D. No animals shall be a..11oKed in an ice cream plant. Booms: Each roots in which ice creme is manufactured shall be kept clean, free from dirt and flies and shall be well lighted and ventilated. gage Walls and Ceilings: Walls and, ceilings shall be of suitable inper- �.-i ous material, which shall be tight rind clean. The ceilings shall be ,)t least 8 feet from the floor. Whenever a freezer is installed in an establishment to which the public has access, such freezer shall be en- closed in a tight glass or other enclosure which shall extend at least feet above the floor. Such enclosure shall have a tight, dust -proof top and shall enclose the three sides nearest to the place or places to which the public is admitted. Floors: (A) The floors shall be of suitable impervious material which can be flushed and washed clean with water. (B) Floors shall be sloped sufficiently to drain to one: or more outlets which shall be properly trapl.)ed. Protection from Flies and Other Insects: The products used in the manufacture of ice cream, ice cream and cleansed containers, and utensilp shall be protected from flies and other insects. Toilet Rooms and Lavatories: A. The number of toilets and the number of toilet rooms shall conform to the City Health Department Laws. B. No toilet room shall open directly into any room in which ice cream is manufactured, handled, or stored. C.. Toilet rooms shall be equipped with an adequate number of wash ing fixtures or have such fixtures convenient thereto, and shall be sup- plied with soap, running water and single service towels. ing. D. The doors of toilet rooms shall open outward and be self -clos- E. Placards prominently displayed sh all remind em?loyees of the re- quirements of Sanitation and Cleanliness and particularly the washing of their hands. F. The disposal of wastes from floors and toilets shall be in ac- cordance with City Health Department Laws. Waste Materials: Covered receptacles shall be provided for waste material and shall be daily removed from the work rooms. Clothing: Articles of wearing ap ?arel and empolyees' food shall not be kept in the rooms where ice cream is manufactured or stored. SECTION 6. Equipment: Equipment used in the manufacture of ice cream shall be constructed and operated so that the ice cream will not be contaminated, all construction to be approved by the City Health Officer. SECTION 7. Steam and Hot Water: Ice cream manufacturing plants shall be equip;,)ed with facilities for supplying and using an abundance of hot water for cleansing and sterilizing purposes. ??lants ;preparir0 ice cream mix, shall be equipped with steam. page ##4 Equipment: A. All wagons, trucks, drays, tubs, platforiis and other equipment shall be constructed so that they imay be washed and kept clean. B. Utensils shall be of smooth non- absoruent material and have flush seaiiis. C. The water sup -)1y for ,lashing equi�),,,ent, apparatus and containers shall be free from, contaiiiina.t ion. D. Suitable facilities and equipment shall be provided and used for -uhe proper cleansing and sterilizing of freezers, vats, tanks, cans, racks, molds, slabs, forms, piping and other equipment and utensils with which ice cream co::es in contact during .manufacture or preparation for sale. All equipment used in the making or direct handling of ice cream shall be cleaned and finally scalded with water or sterilized with steam each day such equipment is i.i use. All hand washed equipment or apparatus shall be subsecuently sterilized i ith steari; or boiling water each day such equipment or a. ;paratus is in use. E. Pipe lines shall be disconnected and valves taken apart after use and thoroughly washed and sterilized. SEODTION 8. A. All milk products used in the manufacture of ice cream shall conforiii to the requirements bf the City Health Department concerning the production and sale of milk and milk products. All fats used in ice creaa or ice cream mix, must be butterfats. B. all fruits, nuts, egg products, flavors, color, sugar and stabi- lizers shall be clean and wholesoiiie and shall coiiiiPly with the State and Fedeizal Food Laws and Regulations. SFCTI +-IT 9. A. The entire ice cream mix with or without flavor or color shall be pasteurized. Pasteurizati_)n shall be carried out on the premises where the ice cream, mix is finally imanu 'actured or frozen, or in lieu thereof, the pasteurized inix shall be conveyed to the place of manufacture or freezing in sealed containers and kept at a temperature of ­,0 F. or less. When Ice Cream iiiix is received in containers of a size exceeding one freezing batch, additional containers of one freezing batch capacitjy must be provided, and the entire contents of the ship ,ing container, when first opened, shall be eiiiptie( into containers of a size not to exceed 6ne freezing batch. Containers shall be kept, at all tii:.es, tightly covered. Page 15 SECTION 10. A. Every person engaged in direct physical contact with ice cream during its manufacture shall be clean of person and wesr clean clothes. Immediately on occurence of any case of communicable dis- ease, either in himself or his family or within the ice cream �jlant, the employee shall cease work and re_)ort to his employer who shall notify the local health authority. No employee hall touch the ice cream with his hands, except those specifically designated to cut and wrap brick and package ice cream and to fill fancy ::holds. B. It shall be the duty of any person engaged in the manufacture of ice cream to cause a medical examination to be made by methods pre- scribed by the City Health Officer at the time of employment and at least annually thereafter of all em)loyees who come in contact with ice cream. C. Shitting or the use of tobacco in the rooms of an ice cream plant is prohibited. SECTION 11. All ice cream plants, drug stores, confectionery store restaurants, and other places of business manufacturing, selling or of- fering for sale ice cream, are hereby required to keep their premises an apparatus in a sanitary condition and their employees and attendants cleanly, both in attire and person, and the cream from exposure to flies and dirt of every description, and shall comply with the following re- quirements. A. Ice cream and the equipment and utensils used in serving ice cream, together with fruits and flavors shall be protected from flies, and other insects and dust. B. No person suff ring with any communicable disease and no per- don who is known as a "Carrier" of a communicable disease shall be em- ployed in any capacity where ice cream is sold. C. Ice cream cabinets used by dealers and vendors shall be clean and present a neat appearance. D. The ice cream cabinet, fountain holes, and wells containing bulk or package ice cream shall be clean. The holes and wellb shall ti.,_ kept covered when not in use. All retail establishments selling bulk or dipped ice cream shall be equipped with hot water. E. Utensils and devices used in dispensing ice cream shall be keA in running water. F. Crushed ice used in packing bulk ice cream shall not be utilize: for cooling or serving drinks where such ice is added . to and is dis- solved in the drink. Page ;�6 G. Ice cream cans shall be used for no other purposes than to store ice cream. The cabinet or package receptacle or the ice cream compartment of soda fountains shall be used for no other purpose than to store ice cream. H. It shall be unlawful to peddle or sell on the streets ice ere,­I: in any other form than the original package. However, these regulations shall not prevent the sale of ice cream in any form at a roadside stand. or recognized concession provided the aforesaid regulations are adhered to. The Health Officer is hereby authorized and instructed to make necessary inspections of such premises compelling a compliance with this ordinance. SECTION 12. PENALTY; Any person, firm, association or corporation ,,rho shall violate any provision of this ordinance shall be fined not more than One Hundred Dollars ($100.00) at the direction of the Court. Each and every violation of the ;)rovision of this ordinance shall con- stitute a separate offense. SECTION 13. All ordinances and parts of ordinances in conflict with this ordinance are hereby repealed and this ordinance shall be in full force and effect thirty (30) days after its adoption and publication; as provided by law. SECTION 14. 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; Attest:. City Clerk Mayor. 7 VETO STAINED - May 11, 1936.