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HomeMy Public PortalAbout1403-1950 - Regulating the production, transportation, processing, handling and various other things for various entitiesn. 1403-1950 AN ORDINANCE TO REGULATE. THE PRODUCTION, TRANSPORTATION, PROCESSING,- HANDLING, -SAMPLING, EXAMINATION, .GRADING; :LABE,LING, REGRADING, AND SALE OF MILK- AND MILK-'-. PRODUCTS;.'THE INSPECTION'OF DAIRY HERDS, DAIRIES, -AND' MILK PLANTS; THE ISSUING REVOCATION,,OF PERMITS TO MITjK.. PRO- .,AND- DUCERS' . AND DISTRIBUTORS- ; `PERMIT: 'FEES, : APPOINTMENT OF' INSPECTORS AND SANhT R.Y -POLICE;' THE PLACARDING OF' RESTAURANTS' AND OTHER ESTABLISHMENTS SERVING MILK OR MILK-PRODUCTS;;'REPEALING ALL.ORDIN- ANCES AND PARTS' "OF'OR.DINANCES' IN' CON- FLICT HEREWITH,"AND FIXING•=PENALTIES. BE -IT ORDAINED BY THE COMMON -COUNCIL OF THE',CITY OF RICHMOND, INDIANA;_ SECTION 1. The Board of Health.having jurisdiction -within the. territorial -limits of the City of Richmond'or their authorized repre- sentatives shall have supervision over the production, transportation; processing, handling, sampling,.examination,''.grading, regrading, label- ing, and sale of all milk and milk products'sold.for'ultimate consumpt ion within.the City of Richmond, Indiana, or its police jurisdiction; the inspection of dairy herds,dairies, and milk plants; the issuing and revocation ofpermits to milk producer.s,'And distributors and the pla carding of .restaurants and loth6r establishments serving. milk` or milk products. SECTION 2. Grade A'Milk Ordinance. The . Board of Health,, in ,performance of its duties under Section 1. of this Ordinance,' shall -adopt as the standards -to be followed, the provisions. in paragraph.HDP4•G,­ entitled "Certified Milk Identity"' and paragraph HDP4H, entitled "Grade_A Milk and Milk Products", of a regulation- of the Indiana State Board of Health duly passed' on. September 13, 194.5, and filed with the Secretary of State on -,October., 18, 1945, entitled "Re_gulations Relating to Dairy Products, Including Definitions and Standards of Identity". For the purpose of interper.tjng the aforesaid requirements, . the unabridged form of Public Health Du.l- letin No. 22O entitled "The 1939 edition of'the Milk. Ordinance... and :Code recommended by the U.S..-Public Health Service", and such future amendments as may be made to the Bulletin, shall'be'used. Provided, however., that in Section 1A'Definitions, the.percent of milk fat shall be 3.8-percent and Section 7, item 18r.shall read as follows: The flanks, bellies and tails shall be kept well clipped at all times and all milking cows shall be free from .visible. dirt:at the, time. of. milking. Two certified copies .of said Public Health Bulletin No. ' 220 . shall be placed on file -In the, office of the City Clerk for public inspection. SECTION 3. The'sale.of adulterated, misbranded, or -ungraded - milk or milk products prohibited. No person, .firm or corporation shall within the City of Richmond; -Indiana; or its police jurisdiction, pro- duce, sell,offer, or expose for sale; or have in possession with -in- tent to sell, any milk or milk products which is'adulterated, misbrand- ed, or ungraded. It -shall be 'unlawful fo.r- any person•, firm or corporation, elsewhere than in a - private home, to have in possession any -adulterated, mi-sbranded, or ungraded' milk or .milk products. SECTION 4.• Permits. It shall be unlawful for any person, firm or 4orponation, to bring into or receive into the City of Richmond, '. Indiana, lor its police jurisdiction,. for sale., or to .sell,., or offer for sale therein, or to have in storage where•milk or milk products are sold or served, any milk or milk products defined in th1s.ordinance who does not possess a permit from the health officer of the City of Richmond, Indiana. Only a: person, firm or corporation, who complies with the requirements of this ordinance shall�be entitled to.recaive and retain such a permit. Such.a permit may be suspended by the.health officer, .or revoked -after an -opportunity for a hearing.,by the- health' officer,,, upon. the violation by -the holder of any of, -the terms of this ordin- ance. Any per son, --firm,. or norpor' a.ti-on .shall have the 'right to take an appeal .from any decision of. the health offic-er to the. -11,ayne County Circuit Court, as in other civil cases. SECTION 4a.' Permit 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 slants engaged in the processing and distri- buti on. of -pasteurized fluid -milk or milk products shall pay a, permit fee of one cent (1¢) per hundredweight on all milk rece'.ived for such purposes.. (b) .All milk pasteurization plants purchasing sweet cream for resale as pasteurized -cream, shall pay a permit fee of three -eighths cent (3/8�) per pound. butter-fat:on-all cream received for such purpose so. Fees refereed to in (a) and (b) shall be paid -on -or before the 15 th day 'of , 'the month for the. previous month. the first payment being due thirty (30) .days after the -.effective date of this ordinance. The ori'gina.l- we-ight sheets and other re'coi eds shall be .made available, once each month to the City Controller for determination of these fees. All plants operating under provisions (a) and (b) above shall 'purchase milk'by weight and not by volume. Any dairy selling direct .to any other dairy ordairies which purchasing dairy or dairies -'pay the permit fee on -.the hundredweight as above , set out .on the milk so; produced shall. not be required to -pay either of the. aforesaid' permit fees. Provided further,, that. any person, firm, 'or corporation having, a'' -permit -issued by the health officer of any other municipality or'other.unit of govern- ment,operating under -the standards required by this ordinance shall be exempt from payingi.permit fees required in Section 4a. Provided, how- ever, every such person„ firm or corporation distributing any milk or milk products as defined in this ordinance,.shall, in lieu of- such per- mit fees, -pay a flat license fee of 850,00 per year -for one truck or vehicle and-.j25.00 per year for each additional truck or -other vehicle used' in transportation .or delivering. milk or other dairy _produc,ts to distributors or- ultimate consumers -jT-J thin• the corporate limits of said city and every such truck or vehicle -shall. display a suitable license tag issued, by the- city, evidencing the payment of such license,-, These:'fee-'s` shall be 'paia -to, the Controller` of the. Ci'-ty -of Richmond, Indiana,, Wand sh1a1-1=be.�-used only Lfor -the' s�al�aryexpenses, and supplies -of -an•enforeemer_t off�`cer.. SECTION 5. From: and 'a-fter.--twelve' (12) mon-ths from the date on which this -Ordinance takes effect .no' -milk ;or milk products shall be sold to the final consumer, or to rrestaur-ants, soda fountains, grocery stores,, or-similar,establishments,'except Grade A Pasteurized or Certi'fied'Pasteurize-d Milk�or milk products as defined.in the standards required to.be adopted by this ordinance; Provided that when any milk distributor fails to qualify for one of the above grades .the health officer. 'is- authorized. 'to, revoke his permit,- or in, lieu thereof to degrade his product- and- 'permi't it's :sale during a temporary -period not exceeding thirty (30)' days 'or in emergencies such longer period as he may,dee.m necessary. SECTION 6. It shall be the -duty of -the Mayor to employ such sanitary police and ' insp.ectors, , with- the .a.pproval of , the Board .of Health and State Board of -Health, as may be. necessary for the enforce- ment of this ordinance and 'uTho shall 'be the authorized representative of the Board of -Health to..perform such,duties of inspection and reports as may be necessary for the full enforcement.,of this ordinance. Such sanitary police and inspectors- shall, be verbons well qualified' for the performance of said duties and shall be� paid such sums as may be, agreed upon _bar the Mayor and. the Board of Health out of such funds as may' hereafter be appropriated therefor by the Common Council, The Board of Health is hereby authorized to grant the services of the enforcement. officer to other' .communities within the milk supply area -of Richmond -upon adoption by .these' communities of the same - standards :as are required to be. I e.I adopted by this ordinance, provided: such community pays to the City ,Controller such sum as may be agreed' upon by- the. Mayor' and Board .,,of Health,: -not. to 'exceed_ two. cents_ .(2d):. per hundredweight on -All milk received as defined in this 'ordinance; Provided, however, that the services of such enforce- ment officer shall not be _extended to the ' point ' where he i s unable- to carry out. his duties efficiently and effectively' a"s may `b'e sho,Z,m by annual- survey made by- the • Inatan'a-. State' Board .:of Health;.: SECTION 7: -Any pe.,rson," firm or c.o-rpora'tion' violating any provision of this ordinance shall upon._- -convi,ction be . punished by a > fine; ;Df; n;oi, more:=th'a=n;:,one hundred dollars ($T00.'00) or impri�-sonment in the },cou�ity...sJ-ail`- for,'not- �mo�.-e .than thirty- (30).. days,. or -both such fine_ ;andl_impr sonme.n't at- the dis'eretion o.f - the court. Each and s every_.vi.Aat lbft�.o ,'.the provisions of this ordinance, shall, co sz titute a separafe. offense : 'SEC-TY_QINT, ;8 _ ,.All ordinances arid' parts of ord_ r'anaes fin. conflict p aled. herewi'ti -are r'erEby 1're e - sY.. i.. -I ITis`ord `nance shall be '� in full force and effector_ and after i its nas'sage a.ndl:-leta1 advertisin ,• '_ � ; ''`.a, ,_,6 E GT 10 N_ a,.,-; If' .any section, subdivision or c-T=ruse:= o;�• this ' x- � ondinan,ce� 'shall held to be u.nconstittiitional or inva` ld, .'such .aeci- si--on shall not ;affect the validity of the r-ema_iriirig portions of -this -- ordinance. PASSED by Common Council of the.Clty of Hiehmond, Indiana, this day of ,19y5 b President of Council Attest: Ay PRESENTED .by Me, Ather J. Reeg',. City Clerk of the City of Richmond,. Zn,naiana. to -the -Hon. Hon. 'Mayor, .Le Ater E. Meadows, this day of 1 ,19�A ,- at the hour 'of a M. / City.C.ljOrk J Q . APPROVED by me, Lester-E.adows-, M yor- of thd' City of Richmond, I iana, hisday of ,19.ST, at. the hour'of .M. - Mayor _-- Attest: C i tyf lerk.