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Home My Public Portal About1608-1956 - Regulating the Production, Transportation, Processing, Handling, Sampling, Examination, Grading, Labeling, reordering, and Sale of Milk and Milk ProductsF/I /t 7,-Z ORDINANCE NO. 1608-1.956 AN ORDIIIAN- E T4 AM AN CRDITIMICE ENTITLED "AN ORDIINANCE TO REGULATE THE PRCDUCTION, TRANSPORTATION, PROMSING, HA%1DLING, SAINTLIraG, BXAy1:1:NATICTq, GRADING, LABS' MIGg itE.AR-DING, AND SALE OF lal,K A14D 14ILK PRODUCTS; VIE INSPiaUTION OF DAIRY HMW9 DAIRIES, AND IMK PLA"?T"; THE ISSUING AND REVC'CAT70N OF P, sS TO MILK PRODUCE, T41i Z HAULERS. AND DISTRIBUTORS; PERM FESS ; APPOINTlR,'I NT OF 11NSPECTORc ARID SA1111.1TARY POLICE,; REPEAL11IG ALL ORDINAITCES AND PARTS OF ORDIf1l ACES IN C9NF'LIC'i° HGr�.��4.,.�IT�i AND FIXING PENAL'iIES.1' E IT ORDAINED W3 THE =14071 COUNCIL OF THE CITY OF RICH CND, INDIANA: SEOTICNT 1. The health officer having jurisdiction �flthi.n the territorial limits of the City of Richmond, Indiana, or his authorized representative shall have supervision over the production, transportation processing, handling, smripling, exomination, (grading, regrading), labeling, and sale of all miLk and milk products sold at retail or wholesale within the City of Richmond, Indiana or itspolice jurisdiction; the inspection of d ry herds, dairies, and milk plants; and the isequing and revocation of permits to milk producers, milk haulers, and distributors, S r , ICN 2. Grade A Milk Ordi.ana.ce The health officer having jurisdiction within the terri.tori al_ :Limits of the City of Richmond, Indiana. in -the erformanco of his duties under Section i of this ordinance, shall adopt as standards to be followed. the provision in paragraph HDP4H entitled "Grade A IUIR and Dalk Products" of regu3-ations of the Indiana State Board of Health duly passed on Septerber-13, 1945, and filed with the Secretary of State on October, 18 , 1945, as amended by the 'state Board of Health on February, 19,. 1954, and filed ieith the Secretary of State on March 17, 1954, of the r eg i1ati.ons of the State Board of Health entitled "Regu:.ations Relating to Dairy Products Including Definitions and Standards of Indentity.11 Grade A Milk and Milk Products, as referred to in the aforesaid regulation shall in this ordinance be taken to mean and include: Raga and pasteurized milk, -extra rich milk, Jersey milk,'Guernsey milk, homogenized milk, flavored milk, skimmed milk,.flavored skimmed milk, buttermilk, creamed buttermilk. cultered buttermilk, creamed cultured buttermilk, goat9s milk, milk fat. light cream,, whipping cream, a mixture of milk and cream cottage cheese, creamed cottage cheese,, concentrated mi3lc and any other product made by the addition of any substance to milk or to any of those products and used for similar purposes and designated as a milk product by the health officer. r or V,.e purpose of interpreting the aforesaid requirements until January 1,L1252, the unabridged form of Public He3ath Bulletin No. 220 entitled "The 1939 Edition of the Milk Ordinance and Cods recommended by the U.S.•Public Health Service", shall be used. Uter that daterthe unabridged form of the Public Health Service: publication #229 entitled fBThe 1953 Milk Ordinance and Code recommended by the .Public stealth Service," shall be used, Provided, however, that in Sec. 1A per cant of milk fat shall not be less than 3.8 per cent. Two copies of said regulations of the Indiana State Board of health and said publication in effect shall be on file in the office of the health officer for public inspection. 1 c(o •- 't = GDCTl'O�T 3. The Sale of Ungraded Mi"Ut or milk Prod.ucts Prohibited — No person shall within the municipality of Richmond, Indiana, or -Its police jurisdiction, produce, sell., offer or expose for wale, or have in possession with intent to sell, any Milk or milk product tehich is ungraded. It shall be unlawful for any person, elmdhere than in a private home, to have in possession any ungraded milk or milk product: ROuI-MM, that in an emergency the sale of ungraded pasteurized milk or pasteurized milk products may be authorized by the health officer, upon the approval of the State health authority, in which case they shall be labeled "ungraded." SECTIUN 4. Permits— It shall be unlawful for any. person to bring into, s'end into, or receive into the municipality of Richmond, Indiana, or its police Jurisdiction, for sale, or to ,ell, or offer for sale therein, or. to have in storage mhera milk ormilk products are sold or serted, any milk or milks products defined in this ordinance, who does not possess a permit from the health officer of the municipality of Richmond, Indiana, Every milk producer, milk hauler, ' milk distributor, and operator of a ,milk plant shall secure a permit. Only a person who complies with the requirements of this ordinance shall be entitled to receive and retain such a permit. Permits shall not be transferable with respect to persons and/or laoat�.one, Suab a permit may be temporarily suspended by the health officer Upon Violation by the holder,of any tome of this ordinance, or for inter°- geY' ee 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 BWIOW or repeated violations. Any person, firm' or corporation shall have the rUht to take an appeal from any decision of the health officer to ,he Wards County Circuit Court, as in other civil cases Mum 4a. PlmmT FEES. . The permit fee .for the sale or disposal of milk or milk products in the City of Richmond, Indiana, shall be as follows: (a) All milk plants enraged in the processing and distribution of pasteurized fluid milk or milk products shall pay a permit fee of one cent (10) per hundredwai6ht� on all milk, received .for such purposes. Fees referred to in (a) shall be paid on or before the l5th day of the month for the previous month, the first payment being due thirty (30) days after the effective date of this ordinance. The original .1 weight sheets and other recoMs shall be made available, once each month, to the City Controller for determination of these fees. All plants operating under provisions (a) above shall purchase milk by weight and not by volume, Any persons firm, or corporation having a permit issued by the health officer of any other municipality or other tint of government operating under the standards required by this ordinance sha'LLl be exempt from paying permit fees required in Section 4ao Provided, however, every such person, firm or corporation distributing any mills or milk products as defined in this ordinance, shall, in lieu of such permit fees0.pay a flat license fee of $50.00 per year for one trucks or vehicle and �25.00 per year for each additional truck or other vehicle used in transportation or delivering milk or other dairy 'products to distributors or ultimate consurier°s within the corporate limits of said city, and every such truck or vehicle shall display a siLttable license, tag issued b9 the City evidencing the pa3ment of such license. These fees shall be paid to the Controller of the City of Richmond, InlDeanaj and be used only for the salary; expenses-6 and supplies of an eii�oroemeni 'Okra -or. cer.. ' -3- S EC!," N 5, From and after the date on which this ordinance takes effect, 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 rQM or milk products as defined in the standards required to be adopted by this ordinance; Provided that iehen any milk distributor fails to qualify for the above grade, the hdalth o?f°icer is aui.horized to suspend his permit and/or tnsl.itute court action, (or in lieu thereof to degrade his oroduct aid prnzt its s4le duri _tenporav gee.°Icsd not eceedir.p: thirty i303 diva in deem S"ICTICN 6. It shall be the duty of the Mayor -to employ such sanitary police and inspectors, with the approval of the Board of Health and State Board of Health, as may be necessary for the enforcement of this Ordinance and u*no shall be the authorized representatives of the Board of Health to pe;rfoym such duties of inspection and reports as may be necessary for the full enforcement of this ordinance. Such sanitary police and inspectors shall be persons well qualified for the performance of said duties and shall be paid such sums as may by agreed upon by the Mayor and the Board of Health out of such funds as may hereafter be appropriated therefor by the Common Council, SECTION 7. Any person, firm or corporation violating any prov-1sion of this ordinance shall upon conviction be punished by a fine of not more than one hundred ($100.00) dollars or imprisonment in the county jail. for not more than thirty (30) days or Moth, such fine and imprisonment at the discretion of the court. .Each and every violation of the provisions of this ordinance shall constitute a separate. offense S:.CTION 8. All ordinances and parts of ordinances in conflict herewith are hereby repealed. This ordinance shall be in full, force and effect, on and after its passage and legal advertising SI�.'°TION 9. If any section, subdivision or clause: of this ordinance shall be held to be unconstitutional or invalid, such decision shall not affect the Validity of the remaining portions of 'this ordinance. �`7da P'kSSED by e Common Council of the City of Richmond, Indiana, this yr of �® 1956 at the hour of �; 00 P.M. (c.sata } President of Cotds..mon Council AttestZ: 'c City Clerk dUNNITTED by me, D id 0. Keyser, City Clerk, to the Hon. Roland. H. Critter, Mayor, this �day of 1956 at the hour of l,'yooAclock 12 M. (c.s.t Cai,y Clerk AT TOM by me D oland � a Clatter, Mayor of the City o_£' Richmond, 3'rdiana , this -may of �e � , 1956 & at the hour of °�i�U a clock Ifa (c o sat , ) a L iayor Attests