HomeMy Public PortalAboutORD08124 B ILL NO. j
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INTRODUCED BY COUNCILMAN
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ORDINANCE NO.
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AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, REPEALING
ORDINANCE NUMBER 7416 OF THE CITY, REGULATING MILK AND MILK
PRODUCTS, AND ENACTING A NEW ORDINANCE REGULATING MILK AND MILK
1PRODUCTS, AND PROVIDING A PENALTY FOR VIOLATION THEREOF.
IBE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF JEFFERSON, I
'MISSOURI, AS FOLLOWS :
Section 40.010. Title. Sections 40.010 through 40. 200 shall
be known and referred to as "The Milk Code of the City of Jeffersoni
]'Missouri." \
Section 40.020. Definitions . The following definitions shall
) apply in the interpretation and enforcement of Sections 40.010
through 40.200:
1. Acidified Milk and Milk Products - Acidified milk and
11milk products are an -milk products o tanned by the addition
�of' food grade acids to be pasteurized cream, half-and-half., milk,
�!lowfat milk, or 'skim milk, resulting in a product acidity of not
iIless than 0. 20 per cent expressed as lactic acid.
!� 2 . Adulterated Milk and Milk Products , - Any milk or milks
�Troduct shall be eeme to e- a u aerate ft it bears or
�Icontains any poisonous or deleterious substance in a quantity whichf
, may render it injurious to health; (2) if it bears or contains any
added poisonous or deleterious substance for which no safe toler-
ance has been established. by State or Federal regulation, or in. !
;,excess of such tolerance if one has been established; (3) if it
consists, in whole or in part, of any substance unfit for human
i,consumption; (4) if it has been produced, processed, prepared,
;packed or held under insanitary conditions; (5) if its container is:
, composed, in whole or in part, of any poisonous or deleterious sub-
'istance which may render the contents injurious to 'health; or (6) if
any substance has been added thereto or mixed or packed therewith
Iso as to increase its bulk or weight , or reduce its quality or
` strength, or make it appear better or of greater value than it is l
1 3 . And/or . - Where the term "and/or" is used, "and" shall)
apply where appropr ate, otherwise "or" shall apply. !
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4. Buttermilk - Buttermilk is a fluid product resulting
Ifrom the manufacture o£""butter from milk or cream. It contains not)
less than 8k per cent of milk solids-not-fat.
I 5. Concentrated Milk - Concentrated milk is a fluid
product, unster. ze an unsweetened, resulting from the removal
of a considerable portion of the water from milk, which, when com-
bined with potable water, results in a product conforming with the
standards for milkfat and solids-not-fat of milk as defined above.
6. Concentrated Milk Products - Concentrated milk
'products shall be taken to mean and to nclude homogenized concen-
trated milk, vitamin D concentrated milk, concentrated skim milk,
Mortified concentrated skim milk, concentrated lowfat milk,
fortified concentrated lowfat milk, concentrated flavored milk,
concentrated flavored milk products, and similar concentrated
( products made from concentrated milk or concentrated skim milk, and
] which, when combined with potable water in accordance with the
! instructions printed on the container, conform with the definitions]
+iof the corresponding milk products in this section.
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!+ 7. Cream - Cream is the sweet, fatty 'liquid separated
!from milk, wit or without the addition of milk or skim milk,
11which contains not less than 18 per cent milkfat.
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8. Cultured Buttermilk - Cultured buttermilk is a fluid
�iproduct result ng from the sour ng, by lactic acid producing
(bacteria or similar culture, of pasteurized skim milk or
pasteurized low fat milk. '
9. Cultured Milk or Cultured Whole Milk Buttermilk - ?
Cultured milk -o-r-7M.-tured whole m utterm is a fluid product
resulting from the souring, by lactic acid producting bacteria or
similar cult-° - , of pasteurized milk.
10 . Dairy Farm - A dairy farm is any place or premises
where one or more cows or goats are kept, and from which all of the;
milk or milk. product (s) is provided, sold, or offered for sale to
Ila milk plant, transfer station, or receiving station.
11. E no Flavored Milk - E no flavored milk is a milk
f6 roduct consisting a mixture o at least 3.25 per cent butterfat
I at least 0.5 per cent egg yolk solids , sweetener, and flavoring.
mulsifier r and a maximum of 0.5 per cent stabilizer may be added,
12. E nod - Eggnog is a milk product consisting of a
ilmixture of milk or milk product of at least 6.0 per cent butterfat,
,at least 1.0 per cent egg yolk solids , sweetener, and flavoring. +
IiEmulsifier and not over 0. 5 r,(-:r cent stabilizer may be added.
13. Flavored Milk or Milk :oducts - Flavored milk or
!rMilk prcduc is °sfia mean mz tan Milk p` ro Tuc is as defined in
'ISections 40 .030 - 40. 200 to which has been added a flavor and/or. I
,sweetener. j
;` 14. Fortified Milk and Milk Products - Fortified milk andl
,milk. products are mil an27 m2 pro ucts of er than vitamin D milk i
(Iland milk products, the vitamin and/or mineral.. content of which haven
1[been increased by a method and in an amount approved by the health
authority.
15 . Goat Milk - Goat milk is the lacteal secretion,
'practically free r�m colostrum, obtained by the complete milking
of healthy goats . The word "milk" shall be interpreted to include i
goat milk.
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16. Grade A Da�milk Products - Grade A dry milk productsi
flare milk products which have-$een pro�c aced for use in Grade A
111pasteurized milk products and which have been manufactured under the provisions of Grade A Dr Milk Products - Recommended Sanita-
tion Ordinance and Coe for Dry MUTE Pro ucts Use n Gra e
Pasteurized IPasteurized Milk Pro2lucts.
17 . Half-and-Half - Half-and-Half is a product consisting
of a mixture of milk and scream which contains not less than 10.5
;per cent milkfat.
18. Health Authorittv - The health authority shall mean
�Ithe Department of Health ot the City of Jefferson, Missouri, or its
authorized representative. The term "Health Authority" wherever it
appears in Section 40.010 - 40.200 shall mean the appropriate agency
;having jurisdiction and control over the matters embraced within
iiSections 40.010 - 40.200.
(� 19. Heavy _Cream or Heavy Whipping Cream - Heavy cream or
liheavy whipping cream is cream wbich contains not less than 36 per
�Icent milkfat. {
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20. Homogenized Milk - Homogenized milk is milk which ha$
]'been treated to insure breakup of the fat globules to such an j
]extent that, after 48 hours of quiescent storage at 450F. , no
,,visible cream separation occurs on the milk, and the fat percentage
,of the top 100 milliliters of milk in a quart, or of proportionate
]!volumes in containers of other sizes, does not differ by more than
'10 per cent from the fat percentage of the remaining milk as
:determined after thorough mixing. The word "milk" shall be
!!interpreted to include homogenized milk.
I� 21. Light Cream Coffee Cream or Table Cream - Light
Icream, coffee cream, or table cream is cream whicE contains not
,less than 18 per cent but less than 30 per cent milkfat.
22. Light Whi in Cream - Light whipping cream is cream]
that contains not less than per cent but less than 36 per cent
;milkfat.
(: 23. Lowfat Milk - Lowfat milk is milk from which a suffi-4
Iicient portion o�Ir at as been removed to reduce its milkfat con
1tent to not less than 0.50 per cent and not more than 2.00 per cent}
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24. Milk - Milk is hereby defined to be the lacteal
lisecretion, pract ci ally free from colostrum, obtained by the com-
'plete milking of one or more healthy cows, which contains not less
1than 8k per cent milk solids-not-fat and not less than 3k per cent
,milkfat. (Milkfat or butterfat is the fat of milk.)
25. Milk Distributor - A milk distributor is any person
who offers for sa a or se s to another any milk or milk products.
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i; 26. Milk Hauler - A milk hauler is any person who trans- ,
�Iports raw milk anU' or raw milk products to or from a milk plant, a I
llreceiving or transfer station.
27 . Milk Plant and/or Receiving Station - A milk plant
+!and/or receiving station is any pTace, premises , or establishment }
;where milk or milk products are collected, handled, processed,
;stored, pasteurized, bottled, or prepared for distribution.
Ii 28. Milk Producer - A milk producer is any person who ?
��operates a dairy Karim a°"n�yrovides , sells or offers milk for sale
Ito a milk plant, receiving station, or transfer station.
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�� 29. Milk Products - Milk products include cream, light
jicream, coffee cream, to a cream, whipping cream, light whipping �
;cream, heavy cream, heavy whipping cream, whipped cream, whipped
flight cream, whipped coffee cream, whipped table cream, sour cream, ]
cultured sour cream, half-and-half, sour half-and-half, cultured 11
!half-and-half, reconstituted or recombined milk and milk products , �
(concentrated milk, concentrated milk products, skim milk, skimmed
.milk, lowfat milk, fortified milk and milk products, vitamin D milkl
(and milk products , homogenized milk, flavored milk or milk products
eggnog, eggnog flavored milk, buttermilk, cultured buttermilk,
cultured milk, cultured whole milk buttermilk, and acidified milk
land milk products .
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This definition is not intended to include such
(products as sterilized milk and milk products hermetically sealed
in a container and so processed, either before or after sealing, as
to prevent microbial spoilage, or evaporated milk condensed milk,
ice cream and other frozen desserts, butter, dry milk products
(except as defined herein) , or cheese except when they are combined
,with other substances to produce any pasteurized milk or milk
product defined herein.
30. Misbranded Milk and Milk Products - Milk and milk
�iproducts are mis ran e when their conta ner (s) bear or accom- '
��pany any false or misleading written, printed or graphic matter;
' (2) when such milk and milk products do not conform to their
definitions as contained in Sections 40.010 - 40.200; and (3) when
such products are not labeled in accordance with Section 40.050.
31. Official Laborator - An official laboratory is a
a
biological, chem c , or- phys ca laboratory which is under the
(direct supervision of the State or local health authority.
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32. Officiall Desi nated LaboratorX An officially
�Idesignated laboratory is a commercial a oratory authorized to do
official work by the supervising agency, or a milk industry
(laboratory officially designated by the supervising agency for the
examination of producer samples of Grade A raw milk for !
pasteurization.
33. 02tional Ingredients - Optional ingredients shall
mean and include Grade A-wry m_=products, concentrated milk,
concentrated milk products , flavors , sweeteners , stabilizers ,
emulsifiers, acidifiers , vitamins , minerals, and similar ingredients.
34. Pasteurization - The terms "pasteurization" ,
°tpasteurized" , and s m ar terms shall mean the process of heating
revery particle of milk or milk product to at least 1450F. , and
holding it co inuously at or above this temperature for at least
30 minutes, oat least 1610F. , and holding it continuously at
or above this temperature for at least 15 seconds, in equipment
MA which is properly operated and approved by the health authority:
Provided, That milk products which have a higher milkfat content
t an mi and/or contain added sweeteners shall be heated to at
least 1500F. , and held continuously at or above this temperature
for at least 30 minutes, or to at least 1660F. , and held contin-
uously at or above this temperature for at least 15 seconds:
Provided further, that nothing in this definition shall be con-
strue as arr ng any other pasteurization process which has been
recognized by the United States Public Health Service to be equally
efficient and which is approved by the State health authority. i
35. Person - The word "person" shall mean any
individual, plant, operator, partnership, corporation, company,
firm, trustee, or association.
!1 36. Reconstituted or Recombined Milk and Milk Products.
Reconstituted or recombined 'Cc p`ro ucts s mean
milk or milk products defined in this section which result from they
recombining of milk constituents with potable water. i
li 37. Sanitization - Sanitization is the application of anyl
�Ieffective method or substance to a clean surface for the destructiol
of pathogens , and of other organisms as far as is practicable. Such
treatment shall not adversely affect the equipment, the milk or
milk product or the health of consumers, and shall be acceptable to
the health authority.
38. Skim Milk or-Skimmed- Milk - Skim milk or skimmed milk'
is milk from wTa-cF sufficient mi at as been removed to reduce
its milkfat content to less than 0.50 per cent.
39. Sour Cream or Cultured Sour Cream - Sour cream or `
cultured sour cream Is-a fluid or semifluid cream resulting from
the souring, by lactic acid producing bacteria or similar culture,
'lof pasteurized cream, which contains not less than 0. 20 per cent
acidity expressed as lactic acid.
(I 40. Sour Half-and-Half or Cultured Half-and-Half - Sour
half-and-half or cultured a -an - a lf is- fluid or sem uid half-
j�and-half derived from the souring, by lactic acid producing bacteria
or similar culture, of pasteurized half-and-half, which contains
not less than 0.20 per cent acidity expressed as lactic acid.
S41. Transfer Station - A transfer station is any place, I
premises , or establishment where milk or milk products are
transferred directly from one transport tank to another.
42. Vitamin D Milk and Milk Products - Vitamin D milk andl
milk products are m WO-m WO- mllk product-s,- t e vitamin D content r.
which has been increased by an approved method to at least 400
U.S.P. units per quart.
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43. Whipped Cream - Whipped cream is whipping cream into
'which air or gas s YieenFfncorporated.
+� e 44. Whipped Light Cream Coffee Cream or Table Cream
;('Whipped light cream, co ee cream, or table cream s light cream,
'coffee cream, or table cream into which air or gas has been
incorporated.
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45. �Whhi�ingCCre�am - Whipping cream is cream which
(contains not Less than 3-0 per cent milkfat.
i Section 40.030. Adulterated or Misbranded Milk or Milk.
(Products - No person shall, within the City of Jefferson, Missouri,
,or its police jurisdiction, produce, provide, sell, offer or expose!
for sale, or have in possession with intent to sell, any milk or 1
milk product which is adulterated or misbranded: Provided, That in
,an emergency, the sale of pasteurized milk and milk products which
have not been graded, or the grade of which is unknown, may be
authorized by the health authority, in which case such products +)
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shall. be labeled "ungraded" .
Any adulterated or misbranded milk or milk product may be
limpounded by the health authority and disposed of in accordance
with applicable laws or regulations .
Section 40.040. Permits ts - It shall be unlawful for any peA sonj
;who does not possess a permit from the health authority of the City;
o-A Jefferson, Missouri, to bring into, send into, or receive into
the City of Jefferson, Missouri, or its police jurisdiction, for j
Isale, or to sell, or offer for sale therein, or to have in storage +
lany milk or milk products defined in Sections 40.010 - 40.200;
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!Provided, That, grocery stores, restaurants, soda fountains, and
!similar establishments where milk or milk products are served or
sold at retail, but not processed, may be exempt from the
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requirements of this section.
only a person who complies with the requirements of
lSections 40.010 - 40.200 shall be entitled to receive and retain i
such a permit. Permits shall not be transferable with respect to
(persons and/or locations.
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( The health authority shall suspend such permit whenever
the has reason to believe that a public health hazard exists; or
(whenever the permit holder has violated any of the requirements of
[this Ordinance; or whenever the permit holder has interfered with
lili the health authority in the performance of his duties; Provided,
That the health authority shall, in all cases except where the milk
or milk product involved creates, or appears to caseate, an imminent
hazard to the public health; or in any case of a willful refusal to
Termit authorized inspection, serve upon the holder a written
{[notice of intent to suspend permit, which notice shall specify with
jjparticularity the violation (s) in question and afford the holder
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such reasonable opportunity to correct such violation (s) as may be�
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lagreed to by the parties, or in the absence of agreement, fixed by
(the health authority, before making any order of suspension
effective. A suspension of permit shall remain in effect until the
(violation has been corrected to the satisfaction of the health
'authority.
Upon written application of any Person whose permit has
�lbeen suspended, or upon application within 48 hours of any person
'who has been served with a notice of intention to suspend, and in
iIthe latter case before suspension, the health authority shall with-
in 72 hours proceed to a hearing to ascertain the facts of such
violation or interference and upon evidence presented at such
lhearing shall affirm, modify, or rescind the suspension or
[intention to suspend.
Upon repeated violation (s) , the health authority may
revoke such permit following reasonable notice to the permit holder
and an opportunity for a hearing. This section is not intended to
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preclude the institution of court action as provided in Sections
40.060 and 40.070.
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Section .40.050. Labeling - All bottles, containers, and
packages enclosing milk or milk products defined in Section 40.020
shall be conspicuously labeled or marked with (1) the name of the
contents as given in the definitions of Sections 40.010 - 40.200;
(2) the word "reconstituted" or "recombined" if the product is made
by reconstitution or recombination; (3) th, trade of the contents;
(4) the word "pasteurized" if the contents are pasteurized and the
identity of the plant where pasteurized; (5) the word "raw" if the
contents are raw and the name or other identity of the producer;
(6) the designation "Vitamin D" and the number of U.S.P. units per
quart- in the case of vitamin D milk or milk products; (7) the
'volume or proportion of water to be added for recombining in the
!case of concentrated milk or milk products; (a) the words "nonfat
milk solids added" and the percentage added if such solids have
been added, except that this requirement shall not apply to recon-
stituted or recombined milk or milk products; (9) the words
I"artificially sweetened" in the name if non-nutritive and/or
( artificial sweeteners are used; and (10) the common name of stabi-
Ilizers , distillates , and ingredients; Provided, That (a) only the
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identity of the milk producer shall be required on cans delivered
to a milk plant which receives only Grade A raw milk for pasteuri-
zation, and which immediately dumps, washes, and returns the cans
to the milk producer; (b) the identity of both milk producer and
the grade shall be required on cans delivered to a milk plant which
receives both Grade A raw milk for pasteurization and ungraded raw
milk, and which immediately dumps, washes, and returns the cans to
the milk producer; (c) in the case of concentrated milk products,
the specific name of the product shall be substituted for the
generic term "concentrated milk products", e.g. , "homogenized
concentrated milk", "concentrated skim milk", "concent,rated
chocolate milk", "concentrated chocolate flavored lowfat milk"; (d)
in the case of flavored milk or flavored reconstituted milk, the
name of the principal flavor shall be substituted for the word
"flavored"; and (e) in the case of cultured milk and milk products,
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the special type culture used may be substituted for the word
II"cultured", e.g. , "aci.dophilus buttermilk" , "bulgarian buttermilk",
�land "yogurt" .
All vehicles and transport tanks containing milk or milk
products shall be legibly marked with the name and address of the
milk plant or hauler in possession of the contents.
Tanks transporting raw milk and milk products to a milk
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1plant from sources of supply not under the routine supervision of
the health authority are required to be marked with the name and
!address of the milk plant or hauler and shall be sealed; in addi-
tion, for each such shipment, a shipping statement shall be
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prepared containing at least the following information.
�1) Shipper's name, address and permit number.
2) Permit number of hauler, if not employee of shipper. !
(3) Point of origin of shipment.
�j (4) Tanker identity number.
11 5) Name of product.
6) Weight of product.
(7) Gracie of product.
(8) Temperature of product.
I� (9) Date of shipment
(10) Name of supervising health authority at the point of
' origin.
Whether the contents are raw, pasteurized, or otherwise
heat treated.
Such statement shall be prepared in triplicate and shall
be kept on file by the shipper, the consignee, and the carrier for
a period of 6 months for the information of the health authority.
The labeling information which is required on all bottles ,
containers, or packages of milk or milk products shall be in letters
of an acceptance size, kind, and color satisfactory to the health
authority and shall contain no marks or words which are misleading.
Section 40.060. Inspection of Dairy Farms and Milk Plants
Each dairy farm, milk plant, receiving station, and transfer
station whose milk or milk products are intended for consumption
within the City of Jefferson, Missouri, or its police jurisdiction,
shall be inspected by the health authority prior to the issuance of
I�a permit. Following the issuance of a permit, each dairy farm and
® transfer station shall be inspected at least once every 6 months
d receiving b
and each milk plant an a eiving station shall a inspected at
least once every 3 months . Should the violation of any requirement
on an inspection
set forth in Section 40.080 be found to exist/, -a second inspection
shall be required after the time deemed necessary to remedy the
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violation, but not before 3 days; the reinspection shall be used to
determine compliance with the requirements of Section 40.080. Any
violation of the same requirement of Section 40.080 on such rein-
spection shall call for permit suspension in accordance with
Section 40.040 and/or court action.
One copy of the inspection report shall be handed to the
operator, or other responsible person, or be posted in a conspicu-
ous place on an inside wall of the establishment. Said inspection
report shall not be defaced and shall be made available to the
health authority upon request. Anidentical copy of the inspection
report shall be filed with the records of the health authority.
Every milk producer, hauler, distributor, or plant opera-
tor shall, upon request of the health authority, permit access of
officially designated persons to all parts of his establishment or
facilities to determine compliance with the provisions of Section
40.010 - 40.200. A distributor or plant operator shall furnish the
health authority, upon request, for official use only, a true
( statement of the actual quantities of Milk and milk products of eac
grade purchased and sold, and a list of all sources of such milk
and milk products , records of inspections, tests, and pasteuriza-
tion time and temperature records .
It shall be unlawful for any person who in an official
capacity obtains any information under the provisions of Sections
40.010 - 40.200 which is entitled to protection as a trade secret
(including information as to quantity, quality, source or disposi-
Ition of milk or milk products, or results of inspections or tests
thereof) to use such information to his own advantage or to reveal
it to any unauthorized person.
Section 40.070. The Examination of Milk and Milk Products .
During any consecutive 6 months, at least four samples of raw milk +
for pasteurization shall be taken from each producer and four sam-
ples of raw milk for pasteurization shall be taken from each milk
plant after receipt of the milk by the milk plant and prior to
pasteurization. In addition, during any consecutive 6 months , at I
least four samples of pasteurized milk and at least four samples o
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lof each milk product defined in Sections 40.010 - 40.200 shall be
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! taken from every milk plant. Samples of milk and milk products +}
1jshall be taken while in possession of the producer or distributor 1
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,l at any time prior to final delivery. Samples of milk and milk 4
!products from dairy retail stores, food service establishments , I
grocery stores, and other places where milk and milk products are
sold shall be examined periodically as determined by the health
authority; and the results of such examination shall be used to
determine compliance with Sections 40.030, 40.050 and 40.110.
lProprietc.t:s of such establishments shall furnish the health author-
IEity, upon his request, with the names of all distributors from who
milk or milk products are obtained.
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Required bacterial counts and cooling temperature checks
shall be performed on raw milk for pasteurization. In addition,
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antibiotic tests on each producer' s milk or on commingled raw milk
1shall be conducted at least four times during any consecutive 6
months. When commingled milk is tested, all producers shall be i
! represented in the sample. All individual sources of milk shall bel
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' tested when rest results on the commingled milk are positive, ,
{Required bact-eri.al counts, coliform determinations, phosphatase an
cooling temperature checks shall be performed on pasteurized milk
land milk products.
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Whenever two of the last four consecutive bacteria countg,
coliform determinations or cooling temperatures, taken on separates
days , exceed the limit of the standard for the milk and/or milk
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product, the health authority shall send a written notice thereof
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ffto the person concerned. This notice shall be in effect so long ash
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�1two of the last four consecutive samples exceed the limit of the i
�Istandard. An additional sample shall be taken within 14 days of
the sending of such notice, but not before the lapse of 3 days. !
' Immediate suspension of permit in accordance with Section 40.040
hand/or court action shall be instituted whenever the standard is
Iviolated by three of the last five bacteria counts, coliform '
determinations, or cooling temperatures.
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Whenever a phosphatase test is positive, . the cause shall
The determined. Where the cause is improper pasteurization, it
( shall be corrected; and any milk or milk product involved shall not
be offered for sale. !
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Samples shall be analyzed at an official or appropriate
officially designated laboratory. All sampling procedures and
( required laboratory examinations shall be in substantial compliances
with the Z&Z-s7` Edition of Standard Methods for the
Examination of Dairy Products of the American Public Health
iAssociation, and the -'-1'9 TL:,.sT' Edition of Official
Methods of Analyses of the Association of Official Analytie-al '.
(Chemists. Such procedures and examinations shall be evaluated in
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accordance with the methods of evaluating milk laboratories recom-
i,mended by the U.S.Public Health Service. Examinations and tests I
Ishall be conducted to detect adulterants, including pesticides, as
11 the health authority shall require. Assays of vitamin D milk or
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Ijmil.k products and/or fortified milk and milk products shall be made)
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�jat least annually in a laboratory acceptable to the health authorit .
Section 40.080. Standards for Milk and Milk Products - All
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IlGrade A raw milk for pasteurization and all Grade A pasteurized
k
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Imilk and milk products shall be produced, processed, and pasteuriz-
,led to conform with chemical, bacteriological, and temperature
standards, and the sanitation requirements of this Section.
No process or manipulation other than pasteurization,
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processing methods integral therewith, and appropriate refrigera-
tion shall be applied to milk and milk products for the purpose of
removing or deaativating microorganisms.
Sanitation Requirements for Grade A Raw Milk for Pasteurization.
CHEMICAL, BACTERIOLOGICAL, AND TEMPERATURE STANDARDS FOR
GRADE A MILK AND MILK PRODUCTS
Grade A raw milk for Temperature - - - Cooled to 450F. , or less
pasteurization. and maintained thereat
until processed.
Bacterial limits- Individual producer milk
not to exceed 100,000 per
ml. prior to commingling
with other producer milk.
Not exceeding 300,000 per
ml. as cotmningled milk
prior to pasteurization.
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Antibiotics - - - No detectable antibiotic
residues.
Grade A pasteurized Temperature - - - Cooled at 450F. , or less
milk and milk products and maintained thereat.
(except cultured
products) . Bacterial limits- Milk and milk products --
20,000 per ml.
Coliform limit Not exceeding 10 per m1.
Phosphatase - - - Less than 1 ug per ml. by
Scharer Rapid Method (or
equivalent by other means) .
Grade A pasteurized Temperature - - - Same as above
cultured products .
Coliform limit - Do,
Phosphatase - - - Do.
Bacterial limits- Exempt.
Item lr. Abnormal Milk - Cows which show evidence of the
secretion of a one or more quarters based upon
bacteriological, chemical, or physical examination, shall be milked
last or with separate equipment, and the milk shall. be discarded.
Cows treated with, or cows which have consumed chemical, medicinal
ar radioactive agents which are capable of being secreted in the
milk and which, in the judgment of the health authority, may be
deleterious to human health, shall be milked last or with separate
equipment, and the milk disposed of as the health authority may
direct.
Item 2r. , Milking Barn Stable or Parlor - Construction.!
A milking Barn, stable, or parlor s a e prove a on a a2.ry
farms in which the milking herd shall be housed during milking time
operations. The areas used for milking purposes shall (l.) have
floors constructed of concrete or equally impervious material; (2)
have walls and ceilings which are smooth, painted or finished in an
approved manner, in good repair, ceiling dusttight; (3) have
separate stalls or pens for horses, calves, and bulls ; (4) be pro-
vided with natural and/or artificial light, well distributed for `
'day and/or night milking; (5) provide sufficient airspace and air
circulation to prevent condensation and excessive odors; (6) not be
overcrowded; and (7) have dusttight covered boxes or bins, or
separate storage facilities for ground, chopped, or concentrated .
, feed.
Item 3r. Milking Barn Stable or Parlor - Cleanliness.
The interior shall a kept clean. Floors, walls, w n ows, p pe-
lines, and equipment shall be free of filth and/or litter and shal.11
be clean. Swine and fowl shall be kept out of the milking barn.
Item 4r. Cowyard - The cowyard shall be graded and
drained andMall Eave no standing pools of water or accumulations
of organiz waster. ; Provided, That in loafing or cattle-housing �
areas , cow droppings and soiled bedding shall be removed, or clean
bedding added, at sufficiently frequent intervals to prevent the
soiling of the cow's udder and flanks. Waste feed shall not be
allowed to accumulate. Manure packs shall be properly drained and
r. shall provide a reasonably firm footing. Swine shall be kept out
lof the cowyard,
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item 5r. Milkhouse or Room - Construction and Facilities
A milkhouse or room of sufficient size shall a prcv e , n w c
the cooling, handling, and storing of milk and the washing, saniti-
zing, and storing of milk containers and utensils shall be conducted.
The milkhouse shall be provided with a smooth floor
constructed of concrete or equally impervious material graded to
idrain and maintained in good repair. Liquid waste shall be
disposed of in a sanitary manner; all floor drains shall be
accessible and shall be trapped if connected to a sanitary sewer
system.
The walls and ceilings shall be constructed of
smooth material, in good repair, well painted, or finished in an
equally suitable manner.
The milkhouse shall have adequate natural and/or
artificial light and be well ventilated.
The milkhouse shall be used for no other purpose
than milkhouse operations; there shall be no direct opening into
any barn, stable, or into a room used for domestic purposes:
Provided, that a direct opening between the milkhouse and milking
barn, stable, or parlor is permitted when a tight-fitting self-
closing solid door (s) hinged to be single or double acting is
provided.
Water under pressure shall be piped into the
milkhouse.
The milkhouse shall be equipped with a two-compart=-
ment wash vat and adequate hot water heating facilities.
When a transportation tank is used for the cooling
and storage of milk on the dairy farm, such tank shall be provided
with a suitable shelter for the receipt of milk. Such shelter
shall be adjacent to, but not a part of, the milkroom and shall
comply with the re.—i.rements of the milkroom with respect to
construction, lig)" , drainage, insect and rodent control, and
general maintenance.
Item 6r. Milkhouse or Room - Cleanliness - The floors,
.walls , ceilings, w n ows, E_a es,s e- ves, ca n—e— , wash vats,
non-product contact surfaces of milk containers, utensils, and
' equipment, and other milkroom equipment shall be clean. Only
articles directly related to milkroom activities shall be pezmitte
in the milkroom. The milkroom shall be free of trash, animals,
and fowl.
Item 7r. Toilet - Every dairy farm shall be provided
with one or more to ets, conveniently located and properly con-
structed, operated, and maintained in a sanitary manner. The waste
shall be inaccessible to flies and shall not pollute the soil
surface or contaminate any water supply.
Item 8r. Water Su 1 - Water for milkhouse and milking )
operations shall e from a supp y properly located, protected, and
operated, and shall be easily accessible, adequate., and of a safe,
isanitary quality. I
Item 9r. Utensils and E q ment - Construction - All
,multiuse conta ners, equ pment and utens s usea in t e andling,
storage, or transportation of milk shall be made of smooth, non-
absorbent, corrosion-resistant, nontoxic materials, and shall be so
constructed as to be easily cleaned. All containers, utensils , an !
equipment shall be in good repair. All milk pails used for hand
1milking and stripping shall be seamless and of the hooded type,
, Multiple-use woven material shall not be used for straining milk.
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(All single-service articles shall have been manufactured, packaged,1
transported, stored, and handled in a sanitary manner and shall
comply with the applicable requirements of item llp. of this
section. Articles intended for single-service used shall not be
reused.
Farm holding/cooling tanks, welded sanitary piping,
and transportation tanks shall comply with the applicable require-
ments of items 10p. and llp. of this section.
Item 10r. Utensils and E ui ment - Cleaning - The
product-contact surfaces of all multiuse containers, equipment, and
utensils used in the handling, storage, or transportation of milk
shall be cleaned after each usage.
Item 11r. Utensils and Equipment - Sanitization - The
product-contact surfaces of all multiuse con ta Hers, equ pment$ and
utensils used in the handling, storage, or transportation of milk
shall be sanitized before each usage. f
Item 12r. Utensils and E ui ment - o
St �a_ gge - All
containers, utensils an equ pment used in the handlIng, storage orf
transportation of milk, unless stored in sanitizing solutions ,
shall be stored to assure complete drainage, and shall be protected
from contamination prior to use.
Item 13r. Utensils and Equipment - Handling - After
sanitization, all containers, utensl s, an equ pment shall De
handled in such manner as to prevent contamination of any product.,
contact surface.
Item 74r. Milkin - Flanks Udders and Teats - Milking i
shall be done Zn t e mi ng arnn,stable, or par or. The flanks,
udders, bellies , and tails of all milking cows shall be free from
+visible dirt. All brushing shall be completed prior to milking.
The udders and teats of all milking cows shall be cleaned and
Itreated with a sanitizing solution just prior to the time of milk-
ing, relatively shall be elatively dry before milking. Wet hand milking;
is prohibited.
t Item 15r. Milking - Surcin les Milk Stools and Anti-
kickers - Surcing es, mid stools an anti .ic ers s� wept
stored above the floor.
Item 16r. Milkin - Transfer and Protection of Milk
Each -
Each pail or container of milk shall e tra-Fifferred -immediately
from the milking barn, stable, or parlor to the milkhouse. No wil
shall be strained, poured, transferred, or stored unless it is
properly protected from contamination.
Item 17r. Personnel - Handwashina Facilities - There
shall be prov e adequate ha n washing tacilities, including runni
water, soap or detergent, and individual sanitary towels, in the
milkhouse and in or convenient to the milking barn, stable, or
parlor.
Item lgr. Personnel - Cleanliness. - Hands shall be I
washed clean an r e w t h an n v ua sanitary towel immediate-
ly before milking, before performing any milkhouse function, and
immediately after the interruption of any of these activities.
Milkers and milk haulers shall wear clean outer garments while
milking or handling milk, milk containers, utensils or equipment.
Item 19r. Coolie - Raw milk for pasteurization shall bed
cooled to . or less w. t�in 2 hours after milking and shall be
maintained at that temperature until delivered. !
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Item 20r. Vehicles - Vehicles used to transport milk in
�Icans from the dairy tarm to -the milk plant or receiving station
;shall be constructed and operated to protect their contents from 1
(sun, freezing, and contamination. Such vehicles shall be kept
clean, inside and out; and no substance capable of contaminating
,milk shall be transported with milk.
Sanitation Requirements for Grade A Pasteurized Milk and Milk 4
Products. A receiving station 6hall comply with tems 1p to p
nc us ve, and 17p, 20p, and 22p, except that the partitioning
requirement of item 5 p shall not apply.
A transfer station shall comply with items 1p, 4p, 6p, 7p, $p,!
'�9p, 10p, llp, 12p, 14p, 15p, 20p, and 22p; and as climatic and
operating conditions require, the applicable provisions of items 2p
and 3p: Provided, that in every case, overhead protection shall be
provided. Facilities for the cleaning and sanitizing of bulk
transport tanks shall comply with items 1p, 4p, 6p, 7p, 8p, 9p, 10p
�11p, 12p, 14p, 15p, 20p, and 22p; and as climatic and operating
(conditions require, the applicable provisions of items 2p and 3p:
♦Provided, that in every case, overhead protection shall be provided(
11 Item 1 . Floors - Construction - The floors of all rooms
IIin which m or m pro ucts are processed, handled, or stored,
ior in which milk containers , equipment, and utensils are washed,
ishall be constructed of concrete or other equally impervious and
;easily cleaned material; and shall be smooth, property sloped,
(provided with trapped drains, kept in good repair: Provided, that ,
;cold storage rooms used for storing milk and milk products need not
-be provided with floor drains when the floorsare sloped to drain to
one or more exits: Provided further, that storage rooms for stor
Bing dry ingredients and/or packaging materials need not be providedil
l1with drains; and the floors may be constructed of tightly joined
iwood.
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Item 29. Walls and Ceilings - Construction - Walls and I
,!ceilings off"rooms ' n wF c m. �c or mi.Tk products are handled,
(processed, or stored, or in which milk containers , utensils, and
equipment are washed, shall have a smooth, washable, lightwcolored I
surface, in good repair.
Item 3p. Doors and Windows - Effective means shall be
(provided to prevent t e access of7I7- es and rodents . All openings
;to the outside shall have solid doors or glazed windows, which I
!shall be closed during dusty weather. f
Item 4 . Li htinA and Ventilation - All rooms in which
milk and m� pr- oucts are handlea, processed, or stored and/or in
!which milk containers, equipment, and utensils are washed shall be J
!well lighted and well ventilated. '
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Item 5p. Separate Rooms . - There shall be separate rooms
for (1) pasteur z ng, processing, cooling, and packaging; (2)
cleaning of milk cans and bottles. In addition, plants receiving
►milk in bulk transport tanks shall provide for cleaning and
sanitizing facilities.
facilities.
! Unless all milk and milk products are received in
(bulk transport tanks, a receiving room, separate from rooms (1) andj
(2) above, shall be required. Rooms in which milk or milk products;
care handled, processed, or stored, or in which milk containers,
, utensils, and equipment are washed or stored, shall not open i
( directly into any stable or any room used for domestic purposes .
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Item 6p. Toilet-Sewage Disposal Facilities - Every milk
; plant shat a prow e w t toilet tacilities conforming with the
,ordinances of the City of Jefferson, Missouri. Toilet rooms shall
;not open directly into any room in which milk and/or milk products
are processed. Toilet rooms shall be completely enclosed and shall
have tight-fitting, self-closing doors. Dressing rooms, toilet
;rooms, and fixtures shall be kept in a clean condition, in good
;(repair, and shall be well ventilated and well lighted. Sewage and
pother liquid wastes shall be disposed of in a sanitary manner. I
Item 72.- Water Su 1 - Water for milk plant purposes
ishall be from a supply properly located, protected, and operated,
land shall be easily accessible, adequate, and of a safe, sanitary
Ilquality.
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' Item 8p. Handwashina Facilities - Convenient handwashi.ng
!(facilities shall e provided, nc u ng of and cold and/or warm
�Irunning water, soap, and individual sanitary towels or other
��approved hand-drying devices. Handwashing facilities shall be kept
in a clean condition and in good repair.
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I Item 9p. Milk Plant Cleanliness - All rooms in which
1milk and milk products are an e , processed, or stored, and/or in
which containers, utensils, or equipment are washed or stored,
Ishall be kept clean, neat, and free of evidence of insects and
rodents. Pesticides shall be safely used. Only equipment directly
Irelated to processing operations or to the handling of containers,
1 and equipment, shall be permitted in the pasteurizing,
Processing, cooling, packaging, and bulk milk storage rooms.
Item 1Q Sanitary Piping - All sanitary piping, fitting
,and connec tion.s wwh1�are expo to ►nilk and milk products, or f roan
which liquids may drip, drain, or be drawn into milk or milk
,products, shall consist of smooth, impervious, corrosion-resistant,
�Inontoxic, easily cleanable material. AllpLping shall be in good
'repair. Pasteurized milk and milk products shall be conducted from
hone piece of equipment to another only through sanitary piping.
item ll. . Construction and Repair of Containers and I
l•E ui ment -A mu Buse containers anc equ pment with w c milk
Ior ml=products come into contact shall be of smooth, impervious, j
;corrosion-resistant, nontoxic material; shall be constructed for
Beast of cleaning; and shall be kept in good repair. All single-
(service containers, closures, gaskets, and other articles with
,which milk or milk products come in contact shall be nontoxic, and
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shall have been manufactured, packaged, transported, and handled inj
Ila sanitary manner. Articles intended for single-service use shall
Onot be reused.
Item 122. Cleaning and Sanitizing of Containers and
�,Equipment 'The product-contact sun aces of all mu t use containersl,
utens s, and equipment used in the transportation, processing, {
(1handling, and storage of milk and milk products shall be effective-!
I, ly cleaned and shall be sanitized before each use.
Item 13p. Storage -of Cleaned Containers and Equipment
I
u —or-EM conta ners;lAfter clean ng, a multi se ,
Iutensils,
and equipment shall be transported and stored to assure
('complete drainage, and shall be protected from contamination f
; before use. I
ii Item 14 . Storage of Single-Service Containers Utensils
,sand Materia s - • ng a-sere ce caps, cap stock, parchment paper,
!;conta Hers, gaskets, and other single-service articles for use in
';contact with milk and milk products shall be purchased and stored
in sanitary tubes , wrappings, or cartons; shall be kept therein in
a clean, dry place until used; and shall be handled in a sanitary
Imanner. j
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Item 15 2. Protection from Contamination - Milk plant
operations, equ pment, and facilities sHaIl be I ocated and conduct-
ed to preventany contamination of milk or milk products , ingredients,
equipment, containers, and utensils. All milk or milk products or
ingredients which have been spilled, overflowed, or leaked shall be
discarded. The processing or handling of products other than milk
land milk products in the pasteurization plant shall be performed toy
;preclude the contamination of such milk and milk products.
Item 16p. Pasteurization - Pasteurization shall be '
performed as defined in Paragrap 3 of Section 40.020. j
Item 17p. Cooling of Milk - All raw milk and milk
products shall be maintained at 45wF. or less until pprocessed. All.
pasteurized milk and milk products, except those to be cultured,
shall be cooled immediately in approved equipment to a temperature
of 450F. or less. All pasteurized milk and milk products shall be
stored at a temperature of 450F. or less . On delivery vehicles the
1temperature of milk and milk products shall not exceed 500F. Every
roo1m, or tank in which milk or milk products are stored shall be
equippad with an accurate thermometer.
Item 182, Bottling and Packaging - Bottling and packag-
ing of milkand milk products shall e done at the place of
?pasteurization in approved mechanical equipment.
Item 19P Capping - Capping or closing of milk and milk
product containers sfia done in a sanitary manner by approved
mechanical capping and/or closing equipment. The cap or closure
lshall protect the pouring lip to at least is largest diameter.
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l Item 20p. Personnel- Cleanliness - Hands shall be
thoroughly was a _e .ore commencing p an - unctions and as often as
may be required to remove soil. and contamination. No employee
f� shall resume work after visiting the toilet room without thoroughly
washing his hands . All persons engaged in the processing,
1pasteurization, handling, storage, or transportation of milk., milk
products , containers, equipment, and utensils shall wear clean outer
garments . The -use of tobacco by any person engaged in the process-
ling of milk or milk products is prohibited.
Tteemm�2l Vehicles - All vehicles used for transporta-
�� tion of paateuuri =ancd-milk products shall be constructed an
loperated so that the milk and milk products are maintained at 45oF.'
i less, and are protected from sun, from freezing, and from
contamination.
Item 22 Surroundings - Milk plant surroundings shall
' be kept neat,clean, and ' re Mom conditions which might attract
( or harbor flies, other insects , and rodents, or which otherwise
`JJconstitute a nuisance.
I Section 40.090 . Animal Health - All milk for pasteurization
shall be from herds wh c are ocated in a Modified Accredited '
Tuberculosis Area as determined by the U.S.Department of Agricul-
ture: Provided, that herds located in an area that fails to
maintain such accredited status shall have been accredited by said
Department as tuberculosis free, or shall have passed an annual
tuberculosis test.
All milk for pasteurization shall be from herds under a
brucellosis eradication program which meets one of the following
, conditions:
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1. Located in a Certified Brucellosis-Free Area as defined by
the U.S.Department of Agriculture and enrolled in the testing
'program for such areas ; or
2. Located in a Modified Certified Brucellosis Area as
defined by the U.S.Department of Agriculture and enrolled in the
testing program for such areas; or
3 Meet U.S .Department of Agriculture requirements for an
indiviL .ally certified herd; or
+I 4. Participating in a milk ring testing program which is
(conducted on a continuing basis at intervals of not less than every
3 months or more than every 6 months with individual blood tests on
all animals in herds showing suspicious reactions to the milk ring
test; or
5. Have an individual blood agglutination test annually with
an allowable maximum grace period not exceeding 2 months.
For diseases other than brucellosis and tuberculosis, the
health authority shall require such physical, chemical, or bacter-
iological tests as he deems necessary. The diagnosis of other
diseases in dairy cattle shall be based upon the findings of a.
licensed veterinarian or a vertinarian in the employ of an official)
agency. Any diseased animal disclosed by such test (s) shall be
disposed of as the health authority directs .
Section 40. 100. Milk and Milk Products Which May be Sold
From and after the date on w1iich Sections 40.010 - 40.200 are
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adopted, only Grave A pasteurized milk and milk products shall be
(sold to the final consumer, or to restaurants, soda fountains,
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,grocery stores, or similar establishments: Provided, that in an
emergency, the sale of pasteurized milk and milk products which
have not been graded, or the grade of which is unknown, may be
authorized by the health authority; in which case, such milk and
milk products shall be labeled "ungraded".
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NOTE: Certified pasteurized milk is derived from certi-
fied raw milk which meets the latest requirements of the American
Association of Medical Milk Commissions , Inc. , 405 Lexington
Avenue, New York, New York, 10017. j
Section 40.110. Transferring: Delivery Containers: Cooling.1
Except as permitted in this section, no milk producer or distribute
shall transfer milk or milk products from one container or tank
truck to another on the street, in any vehicle, store, or in any
place except a milk plant, receiving station, transfer station, or j
milkhouse especially used for that purpose. The dipping or ladling)
of milk or fluid milk products is prohibited.
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It shall be unlawful to sell or serve any milk or fluid
milk product except in the individual, original container received
from the distributor, or from an approved bulk dispenser:
Provided, that this requirement shall not apply to milk for mixed
drinks requiring less than one-half pint of milk, or to cream,
whipped cream, or half-and-half which is consumed on thepremises
and which may be served from the original container of not more
than one-half gallon capacity, or from a bulk dispenser approved
for such service by the health authority.
It shall be unlawful to sell or serve any pasteurized
milk or milk product which has not been maintained at a temperature
of 450 F. or less. If containers of pasteurized milk or milk
(products are stored in ice, the storage container shall be properly
drained.
Section 40.120. Milk and Milk Products from Points Beyond the
Limits of Routine Inspection. - Milk and milk products from points
beyond the limits of routine inspection of the City of Jefferson,
Missouri, or its police jurisdiction may be sold in the City of
(Jefferson, Missouri, or its police jurisdiction; provided they are j
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produced and pasteurized under regulations which are substantially
equivalent to Sections 40,010 - 40.200 and have been awarded an
acceptable milk sanitation compliance and enforcement rating made
by a State milk sanitation rating officer certified by the U.S .
Public Health Service.
Section 40.130. Future Dairy Farms and Milk Plants - Properly
prepared plans for all milkhouses, milking barns, stables , parlors,
transfer stations, receiving stations, and milk plants regulated
under Sections 40.010 - 40.200, which are hereafter constructed,
reconstructed, or extensively altered, shall be submitted to the
health authority for written approval before work is begun.
Section 40.140. Personnel Health - No person affected with
any disease in a communicable form, or while a carrier of such
disease, shall work at any dairy farm or milk plant in any capacity
which brings him into contact with the production, handling,
i storage, or transportation of milk, milk products, containers,
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11equipment, and utensils; and no dairy farm or milk plant operator j
shall employ in any such capacity any such person, or any person
suspected of have any disease in a communicable form, or of being al
carrier of such disease. Any producer or distributor of milk or
milk products, upon whose dairy farm, or in whose milk plant any
communicable disease occurs, or who suspects that any employee has
contracted any disease in a communicable form, or has become a
carrier of such disease, shall notify the health authority
immediately.
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Section 40.150. Procedure When Infection is Suspected - When
reasonable cause exists to suspect the possibility of transmission
of infection from any person concerned with the handling of milk
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hand/or milk products, the health authority is authorized to require
any or all of the following measures: (1) the immediate exclusion)
of that person from milk handling; (2) the immediate exclusion of
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the milk supply concerned from distribution and use; and (3)
adequate medical and bacteriological examination of the person, of
ihis associates, and of his and their body discharges.
Section 40.160, _Enforcement - Sections 40.010 - 40.200 shall
be enforced by the health authority in accordance with the Grade A
Pasteurized Milk Ordinance with Administrative Procedures - 1965
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Recommendations of the United States Public Health Service, a
certified copy of which shall be on file at the municipal clerk's
office. Where the mandatory compliance with provisions of the
jappendixes is specified, such provisions shall be deemed a require-!
{ment of Sections 40.010 - 40.200.
Section 40.170. Unconstitutionality Clause - Should any
1
section, paragraph, clause, or phrase of this Ordinance be declare
unconstitutional or invalid for any reason, the remainder of this
Ordinance shall not be affected thereby.
Section 40.180. Penalty - Any person who shall violate any o
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the provisions of Sections 40.010 - 40.220 shall be guilty of a
misdemeanor and, upon conviction thereof, shall be punished by a
4 fine of not more than $100.00, and/or such persons may be enjoined )
from continuing such violations . Each day upon which such a
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violation occurs shall constit26e-a separate violation.
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Section 40.190. Repeal Clause - Ordinance No. 7416 of the
City of Jefferson, Missouri, be, and it is hereby, repealed.
Section 40.200. Effective Date - Sections 40.010 - 40.200
shall be in force and take effect from and after their passage and
j approval.
Passed Approved
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P ident of the Counc Mayor
Attest
'City Clerk
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