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Home My Public Portal About2234-1966 - The Regulation of Milk Products.• ORDIWAWS NO,, 2ej%_lq66 AN WITIAIMB TO REGUIATE THE PRCDWTI0112, TRANSPORTATION, PROCMINGt HANDLING., SAMPLING,, MEnTaTimi., LABELING AND SAIS OF Mr Lry AND DUK PRODUCTS; THE INSPECTION OF DAIRY PYMS;, DAIRIES, JIN!) MM PUWS; TIM iSSUANCE, susprosioN Air) nvocATION OF PERM -PIS TO MILK PRODUCERS. FJLK HA RS UE q MILK DISTRTBUTORS AND OPERATORS OF MIL%, DtAWS; COLUCTION OF FEES-, PROVIDING FOR WFORMMENT; UPEALTNIG ALL O.WPINANCES AND 'PARTS OF ORDIPTANCES IN CONFLICT HERE"N'IT11 AND FIXING PENALTIES. Be it ordained by the Common Council of the City of Richmond., Indiana: SL'C' 1, The hanith officer having jurisdiction tdthin the territorial I imits of the City of.RicbmW, Indiana, or his author12ed representative shall have supervision over the production., transportation, processing, htvdlipg, saarlings, examination, labeling, and sale of .all milk and milk o"c ducts sold at retail or ifholesale within the City of Richmond, Indiana or its police jurisdiction; the inspection of daimy herds., dairies, and milk plants; and the issuing,, susnens.ion., and revocation of parm-its to milk producerst milk haulers., milk distributors and operators of Milk vlants. OBOTION 2. Grade A Milk Ordinance. The health officer having jurisdiction within the territorial linits of the City of Richrriond, Indiana, in the wrfomance of his duties under Section 1 of this ordirance shall follow -the steandands established under Section I (f) of Phaoter 174 of the Acts of the 195? Indinian General Assembly, as amended bry Chanter 190., Indiana Acts 1959, and Chanter 176, Indiana Acts of 1965, Grade A V-ilk arO ?ilk Products referred to in Section 1 (r) of the above Aet shall be t-akan to mean and include thus, silk products defined as "Fluid Milk" In Section I (b) of this Act and in addition 'thzeeto cottage cheese and creamed cottage cheese., the labeling at which is authorized under Section 2 of this Act. SECTION 3. It shall be unlwaful foe any nerson., firm or carooration to have in his possession any ungraded mill1c or rrilk products as defined in 'this ordinance eTxceot when used or conswimrJ in a private hoyre. ®2 SECTION h.Permits-It shall be unlw�rful for any person., firm., or corporation to bring :into, send into.. or receive into the municipality of Richmond, Indiana, Or its iolice jurisdiction f or sale., Oi!• to sell., or offer for sale therein, or to have in storage where milk or milk nroduats are sold or served, arty milk or milk products defined in this, ordinance, vho does not possess a permit from the health officer having Jurisdiction within the territorial limits of Richmond,, Indiana. Every irdlk prodacer.0 milk hauler, milk distributor, and olerator of a milk plant shall secure a permit... OraY a Ders0n, firm., or corvoration who comlies with the requirements of this ordinance shall be entitled to receive and retain such a :eridt, 'Oertidts shall not be transferabld with resoect to personv firm, or corporation and/or locations. ,Such a Permit may be temnorarily susnended by the health officer upon violation by the holder of any 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 anon serious or aerated violations, Arty neeson, first, . or cornoration shall have "be right to take an appeal- from any decision of the health officer t,) the T,!a3me County Circuit Court, as in other rivil cases, SECTION 4a. Permit pees The oermit fee for the rinocessing of Ynfl2t, or milk products in the City of Uchmond, Indiana,, shall be as follmss All milk nlani-'s engaged in the processing and distribution of pasteurized fluid illk or milk products shall PaY a nermit fee of one cent (10) tier hundred villght On all Milk received from producers holding valid ' permits issued by the Wayne rounty Health De-oartment. -3- Peas referred to in (a) sb.-4,11 be raid on or before the 15th day of the month for -the nrevious month, the first mayment being due thirty (30) days after the ef-'ective date of this ordinance.The original -weight sheets and other records shall be made availablep once each month, to the My Controller for determination of these fees, All olants operating under provisions (a) above shall purchase milk by weight, or it's equivalent and not by volume. Any mrson., firm, or corpor- ation having a permit issued by the health officer of any other municinality or other unit of government onerating: under the standards required by this ordinance shall be exempt from naying permit fees required herein, Thew fees shall be collected by the City Controller of the City of Richmond, Indiana and receiotad into a City Realth Fund., said fund shall be disbursed semi- annually to the Treasurer of Wayne county, Indiana and receinted into the 1--Jrayne ounty liealth Fund for services rendered in enforcing this ordinance. SECTION 5. On ant) after January 1st, 1967, the date on which this ordinance and the Acts herein referred to take effect, the health officer is authorized to susnond or revoke the permits of and/or institute court action against any milk pr6ducer,, milk hauler, milk distributor, or ooerator of a milk T)Iant Who fails to meet the standards addoted by this ordinance, SMT- ION 6. Such sanitt3rians or official insnection agencies as may be necessary for enforcement, of this ordinance shall be employed. They shall be authorized raoresentatives of the health officer having jurisdiction to perform such duties of insoactian and to make such t?et)ovts to the health officer. as r"Ay be necessary for the f ull enforcement of thi s ordinance. Such sanita r*ians o v miloyees of official insnection agencies shall be net•sons certified as qualified by the Tndiana State Board of Health for the performance of said duties. SECTION 7. Any r)erson, firm,, or corooration who violates any of the oro- visions of this act shall be guilty of a misdeyreanor and., upon a first conviction, shall be liable to a fine of not less than twenty-five (12500) dollars. and not more than one hundred ($100,00) dollars, and, unon a -second and subsequent convictions, shall be liable to a fire of not less than one hundrec2(�30�0:►0) dollars and not more than five 'hundred (3500400) dollars,, to which may be added imnrlsonment for any determi.nate period of not to exceed six months, or to both such fine and imprisonment, Each day of violation shall constitute a separate offense. SEECTTIV f;® All oedinances and na.rts of ordinances In cont'liet herewith are hereby repealed, This ordinance shall be in full force and effect on and after its oassage and legal advertising. SECTION 9. If any section, subdivision or clause of this ordinance shall be held unconstitutioraal or invalid,, such determination shall not affect the validity of the reraining portions of this ordinance, "ASSED by the Common Council of the city of Richvond, Indiana, this--/ day of 1966 at the hour of_y- �l�.?!7. (eat). 1M1W'ei")7'7 r ,.,1% e YZ , C? ommon .O Attest y WeTI SM1,1TTED to me, Athe J. 3eag, City Cleric., to the Hon. EdwaM L. Cordell, ,;wor, this ay of, . 1966 at the hour of % -dd *I cloak A.M. (eat) city Cl.e APPRCVE'�7 bS• me, T-dward L. Cordell,, Fayor of the r'ity of Richmond, lneliana, this 2Z day of 1960, at the ho►a.r of Job o'clock P�,�1. (est) or Attests ity Glork