HomeMy Public PortalAboutORD07416 BILL NO. 19
INTRODUCED BY COUNCILMAN: Robinson
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, REGULATING MILK
AND MILK PRODUCTS, AND PROVIDING A PENALTY FOR VIOLATION THEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF JEFFERSON, MISSOURI,
AS FOLLOWS:
Section 1. There is hereby enacted an ordinance, to be known as the
"Milk Code of the City of Jefferson, Missouri, " comprised of nineteen sec-
tions, being Sections 75. 010 through 75. 190, regulating milk and milk products
sold and distributed within the.city.
Section 2. Sections 75. 010 through 75. 190 shall read in words and
figures as follows:
Section 75. 010. Title. Sections 75. 010 through 75. 190 shall be known
and referred to as the "Milk Code of the City of Jefferson, Missouri".
Section 75. 020. Definitions. The following definitions shall apply
in the interpretation and enforcement of Sections 75. 010 through 75. 190:
1. Adulterated and misbranded milk and milk products. - Any
milk or cream to which water has been added, or any milk or milk product
which contains any unwholesome substance, or which, if defined in this
section, does not conform with its definition, shall be deemed to be adulter-
ated. Any milk or milk product which carries a grade label, unless such
grade label has been awarded by the milk inspector and not revoked, or
which fails to conform in any other respect with the statement on the label,
shall be deemed to be misbranded.
2. And/or. - Where the term "and/or" is used, "and" shall
apply if possible, otherwise "or" shall apply.
3. Average bacterial plate count, direct microscopic count, and
cooling temperature. - Average bacterial plate count and average direct
microscopic count shall be taken to mean the arithmetic average, and
average cooling temperature shall be taken to mean the arithmetic average,
of the respective test results of the last four consecutive samples taken
upon separate days, irrespective of the six month period referred to in
Section 75. 060.
4. Buttermilk. - Buttermilk is a fluid product resulting from
the churning of milk or cream. It contains not less than 8 and 1/4 percent
milk solids-not-fat.
5. Concentrated milk. - Concentrated milk is a fluid product,
unsterilized and unsweetened, resulting from the removal of a considerable
portion of the water from the milk. When recombined with water, in
accordance with instructions printed on the container, the resulting pro-
duct conforms with the standards of milkfat and solids-not-fat of milk as
defined herein.
6. Concentrated milk products. - Concentrated milk products
shall be taken to mean and to include homogenized concentrated milk,
vitamin D concentrated milk, concentrated skim milk, concentrated flavored
drink and similar concentrated products made from concentrated milk or
concentrated skim milk, as the case may be, and which, when recombined
with water in accordance with instructions printed on the container, con-
form with the definitions of the corresponding milk products in this section.
7. Cottage cheese. - Cottage cheese is a soft, uncured
cheese prepared from the curd obtained by adding harmless, lactic-acid
producing bacteria, with or without enzymatic action, to pasteurized
skim milk or pasteurized reconstituted skim milk. It contains not more
than 80 percent moisture.
8. Cream - Cream is a portion of milk which contains not
less than 18% milkfat.
9. Creamed cottage cheese. - Creamed cottage cheese is
the soft uncured cheese which is prepared by mixing cottage cheese with
pasteurized cream, or with a pasteurized mixture of cream or skim milk,
and which contains not less than 4% milkfat by weight, and not more
than 80% moisture.
10. Cultured buttermilk. - Cultured buttermilk is a fluid
product resulting from the souring or treatment, by a lactic acid or other
culture, of pasteurized skim milk or pasteurized reconstituted skim milk.
It contains not less than 8 and 1/4 percent milli solids-!not-fat.
11. Cultured milk. - Cultured milk is a fluid or semi-
fluid product resulting from the souring or treatment, by a lactic acid
or other culture, of pasteurized milk, pasteurized reconstituted milk
or pasteurized concentrated drink. It contains not less than 8 and
1/4 percent milk solids-not-fat and not less than 3 and 1/4 percent
milkfat.
12. Dairy, or dairy farm. - A dairy or dairy farm, is
any place or premises where one or more cows are kept, a part or all
of the milk or milk products from which is sold or offered for sale.
13. Dry milk. - Dry milk is a milk from which at least
95 percent of the water has been removed.
14. Flavored drink, or flavored dairy drink. Flavored
drink, or flavored dairy drink, is a beverage or confection consisting
of skim milk to which has been added a syrup or flavor made from
wholesome ingredients.
15. Flavored milk. - Flavored milk is a beverage or con-
fection consisting of milk to which has been added a syrup or flavor
made from wholesome ingredients.
16. Flavored reconstituted drink, or flavored reconstituted
dairy drink. - Flavored reconstituted drink, or flavored reconstituted
dairy drink, is a flavored drink made from reconstituted skim milk.
17. Flavored reconstituted milk. - Flavored reconstituted
milk is a flavored milk made from reconstituted milk.
18. Goat milk. - Goat milk is the lacteal secretion,
practically free from colostrum, obtained by the complete milking of
healthy goats. The word milk shall be interpreted to include goat milk.
19. Half and Half. - Half and half is a product consist-
ing of a mixture of milk and cream which contains not less than 11.5
percent milkfat.
20. Heavy cream, or heavy whipping cream. - Heavy
cream, or heavy whipping cream, is whipping cream which contains
not less than 36 percent milkfat.
21. Homogenized milk. - Homogenized milk is milk
which has been treated in such a manner as to insure breakup of the
fat globules to such an extent that, after 48 hours of quiescent storage,
no visible cream separation occurs on the milk, and the fat percentage
of the top 100 milliliters of milk in a quart bottle, or of proportionate
volumes in containers of other sizes, does not differ by more than 10
percent of itself from the fat percentage of the remaining milk as deter-
mined after thorough mixing. The word milk shall be interpreted to
include homogenized milk.
22. Light cream, coffee cream or table cream. - Light
cream, coffee cream or table cream, is cream which contains less
than 306 milkfat.
23. Light whipping cream. - Light whipping cream is
whipping cream which contains less than 36 percent milkfat.
24. Milk. - Milk is hereby defined to be the lacteal
secretion, practically free from colostrum, obtained by the complete
milking of one or more healthy cows, which contains not less than 8
and 1/4 percent milk solids-not-fat and not less than 3 and 1/4 per-
cent milkfat,
25. Milkfat. - Milkfat, or butterfat, is the fat of cream.
26. Milk distributor. - A milk distributor is any person
who offers for sale or sells to another any milk or milk products for
human consumption as such.
27. Milk inspector. - The term "milk inspector" shall
mean the employee of the City of Jefferson, Missouri, or his authorized
representative, designated to enforce Sections 75. 010 through 75. 190,
and all amendments thereto.
28. Milk plant. - A milk plant is any place, premises or
establishment where milk or milk products are collected, handled,
processed, stored, pasteurized, bottled or prepared for distribution,
except an establishment where milk or milk products are sold at retail
• only.
29. Milk producer. - A milk producer is any person who
owns or controls one or more cows, a part or all of the milk or milk
products from which is sold, or offered for sale.
30. Milk products. - Milk products shall be taken to
mean and include cream, sour cream, half and half, reconstituted half
and half, whipped cream, concentrated milk, concentrated milk pro-
ducts, skim milk, nonfat milk, flavored milk, flavored drink, flavored =r
reconstituted milk, flavored reconstituted drink, buttermilk, cultured
buttermilk, cultured milk, vitamin D drink, reconstituted or recom-
bined milk, reconstituted cream, reconstituted skim milk, and any
other product made by the addition of any substance to milk, or to any
of these milk products, and used for similar purposes, and designated
as a milk product by the milk inspector.
31. Nonfat dry-milk solids. - Nonfat dry-milk solids
shall mean nonfat milk from which at least 95 percent of the water has
been removed.
32. Nonfat, fat-free or defatted milk. - Nonfat, fat-free
or defatted milk is skim milk which contains not more than 0. 1 percent
milkfat.
33. Pasteurization. - The term "pasteurization", and
"pasteurized" and similar terms shall be taken to refer to the process
of heating every particle of milk or milk products to at least 1450 F. ,
and holding it at such temperatures continuously for at least 30 minutes,
or to at least 1610F. , and holding it to such temperature continuously
for at least 15 seconds, in approved and properly operated equipment;
provided, that nothing contained in this definition shall be construed
as barring any other process which has been demonstrated to be equally
.efficient and which is approved by the Board of Health of the State of
Missouri.
34. Person. - The word "person" shall mean any individual,
partnership, corporation, company, firm, trustee or association.
35. Producer dairy. - A producer dairy is a dairy farm
which sends milk or cream to a milk plant for processing.
36. Producer-distributor. - A producer-distributor is a
milk producer who is also a milk distributor.
37. Reconstituted or recombined cream. - Reconstituted,
or recombined cream is a product which results from the combination of
dry cream, butter or milkfat with cream, milk, skim milk or water, and
which complies with the milkfat standards of cream as defined herein.
38. Reconstituted, or recombined half and half. - Recon-
stituted, or recombined, half and half is a product resulting from the
combination of reconstituted milk or reconstituted skim milk with cream
or reconstituted cream, which contains not less than 11. 5 percent
milkfat.
39. Reconstituted, or recombined milk. - Reconstituted,
or recombined, milk is a product which results from the recombining of
milk constituents with water, and which complies with the standards
for milkfat and solids-not-fat of milk as defined herein.
40. Reconstituted, or recombined, skim milk. - Recon-
stituted, or recombined, skim milk is a product which results from the
recombining of skim milk constituents with water, and which contains
not less than 8 and 1/4 percent milk solids-not-fat.
41. Skim milk. - Skim milk is a milk from which a sufficient
portion of the milkfat has been removed to reduce its milkfat content
to less than 3 and 1/4 percent.
42. Skim-milk solids. - Skim-milk solids shall be deemed .
to include concentrated skim milk and nonfat dry-milk solids.
43. Sour cream. - Sour cream is a cream the acidity of
which is more than 0. 20 percent, expressed as lactic acid.
44. Whipped cream. - Whipped cream is a cream to which
a harmless gas has been added to cause whipping of the product. It
may also contain sugar, other harmless flavoring and a harmless
stabilizer.
45. Whipping cream. - Whipping cream is a cream which
contains not less than 30 percent milkfat.
46. Vitamin D milk. - Vitamin D milk is milk the vitamin
D content of which has been increased by an approved method to at
least 400 U. S.P. units per quart.
Section 75. 030. Grades of Milk and Milk Products Which May
Be Sold. 1. Until January 1, 1964, only Grade A pasteurized and Grade
A raw milk or milk products may be sold to any restaurant, soda fountain,
grocery store, any other similar establishment, or to any other final
consumer within this city. From and after January 1, 1964, only Grade
A pasteurized milk or milk products may be sold for consumption within
this city; provided however, that this prohibition against the sale and
distribution of raw milk shall not apply to persons engaged in the sale
and distribution of such products on the effective date of this ordinance.
2. If any milk distributor or milk producer fails to qualify
with the grades or grade authorized to be sold within this city in sub-
section 1, the milk inspector shall refuse the issuance of a permit to
the milk distributor or producer, or suspend any permit previously
issued, and institute court action for the sale of any milk or milk pro-
ducts within this city while a permit is suspended, or in lieu thereof,
to degrade the product and permit its sale during a temporary period not
exceeding thirty days or, in emergencies, for such longer periods of
time as the milk inspector may deem necessary.
3. Milk and milk products may not be sold within this
city unless produced and/or pasteurized under the provisions of Section
75. 010 through 75. 190 or under other requirements substantially equiva-
lent to those contained in said sections, promulgated by the federal or
any state government, or any agency or political subdivision thereof,
which are enforced with equal or greater effectiveness as determined by
the milk sanitation rating of the promulgating body.
Section 75.040. Permits, issuance, suspension, revocation.
1. Every milk distributor, milk hauler, milk producer,
and the operator of any milk plant bringing or sending into, or receiving
within, this city, any milk or milk products, as defined in Section
75. 020, for purposes of sale, distribution or storage within this city,
must have a currently effective and valid permit from the milk inspector.
A permit shall only be issued to, and may only be retained by, a person
who complies with all of the requirements of Section 75. 010 through
75. 190. A permit may.-h-)t be transferred with respect to either persons
or locations.
2. A permit may be suspended for a period of time not to
exceed thirty days, and thereafter for similar subsequent periods of
time, upon a violation by the holder of any of the terms of Sections
75. 010 through 75. 190, or for interference with the milk inspector in
the performance of his duties.
3. A permit may be revoked by the milk inspector after a
hearing, with notice thereof to the holder of the permit, for failure of
the holder to show cause why the permit should not be revoked for a
serious or repeated violation of Sections 75. 010 through 75. 190.
Section 75. 050. Inspection of dairy farms and milk plants;
degrading of product, suspension of permit.
1. When a dairy farm or milk plant, the milk or milk pro-
ducts of which are intended for consumption within this city, is located
more than thirty miles from this city, the milk inspector may issue a
permit without inspecting the dairy farm or milk plant if the facilities
thereof are inspected pursuant to, and comply with, the requirements,
substantially equivalent to those contained in Sections 75. 010 through
75. 190, promulgated by the federal or any state government, or any
agency or political. subdivision thereof, which are enforced with equal
or greater effectiveness, as determined by the milk sanitation rating of
the promulgating body.
2. Prior to the issuance of a permit, and at least once,
and more often if possible, every six months thereafter, the milk in-
spector shall inspect all dairy farms and milk plants, the milk or milk
products of which are intended for consumption within this city, when
the dairy farms and milk plants are located within thirty miles of this
city or, if located more than thirty miles from this city, when they are
not inspected under the conditions stated in subsection 1.
3. One copy of the inspection report shall be posted by
the milk inspector in a conspicuous place upon an inner wall of the
milk house or milk plant and shall not be defaced or removed by anyone
other than the milk inspector. Another copy of the report shall be filed
in the office of the milk inspector.
4. Every milk producer and milk distributor shall permit
the milk inspector to have access to every part of his facilities and
establishment and furnish him, for his official use only, a true state-
ment of the actual quantities of milk and milk products of each grade
purchased and sold, together with a list of the sources of such milk
or milk products, records of inspections and tests, and pasteurization
time and temperature records, provided however, that the producer or a
member of his family shall, if possible, accompany the inspector on his
inspection.
5. Should the milk inspector discover a violation of any
requirement of Sections 7 5. 010 through 75. 190, he shall make a second
inspection after the lapse of such time, but in no event sooner than
three days, as he deems sufficient to eliminate the violation, and the
second inspection shall be used to determine compliance or lack of
compliance with Section 75. 070. Any violation of the provisions of
subsection 4 of this section, or of the same requirement of Section
75. 070 on the reinspection, shall require that the milk inspector refuse
issuance of a permit, or to suspend any permit previously issued and
still outstanding, or to degrade the milk or milk products with proper
relabeling thereof, or to institute an action in the police court of the
city.
Section 75. 060. Examination of milk and milk products. On
separate days during each six month period, the milk inspector shall
take at least four samples of milk and cream from each dairy farm
described in Section 75. 050 (2), and at least four samples of milk,
cream and homogenized milk from each milk plant described in Section
.75. 050 (2), and at least four samples of milk, cream and homogenized
milk from the milk or milk products of each milk plant described in
Section 75. 020 (1) which are delivered within this city; provided, that
in the case of raw milk for pasteurization, the milk inspector may
accept the test results of laboratories which he has checked period-
ically and found satisfactory. Samples of other milk products shall be
taken and examined by the milk inspector at least once during each 6-
month period. Samples may be taken at any time prior to the final
delivery of the milk or milk products. Samples of milk and milk pro-
ducts from stores, cafes, soda fountains, restaurants, and other places
where milk or milk products are sold shall be examined as often as
the milk inspector may require. All proprietors of such places shall
Adn furnish the milk inspector, upon his request, with the names of all
distributors from whom their milk and milk products are obtained.
Bacterial plate counts, direct microscopic counts, coliform determina-
tions, phosphatase tests, efficiency of bactericidal treatment, and
other laboratory and screening tests shall conform to the procedures
in the latest edition of "Standard Methods for The Examination of Dairy
Products" recommended by the American Public Health Association,
current at the time of the examination. Examinations may include such
other chemical and physical determinations as the milk inspector may
deem necessary for the detection of adulteration. Bio-assays of the
vitamin D content of the vitamin D milk and milk products shall be
made when required by the milk inspector in a laboratory approved by
him for such examinations.
Whenever the average bacterial count or the average cooling
temperature of the last four consecutive samples, taken on separate days,
is beyond the limit for the grade then held, the milk inspector shall send
written notice thereof to the person concerned, and shall take an addi-
tional sample, but not before the lapse of 3 days, for determining a new
average in accordance with Section 75. 030 (3). Violation of the grade
requirements by the new average, or by any subsequent average during
the remainder of the current 6-month period, shall call for immediate
degrading, suspensions of permit, or court action, unless the last in-
dividual result is within the grade limit.
Whenever more than one of the last four consecutive coli-
form counts of samples taken on separate days are beyond the limit for
the grade then held, the milk inspector shall send written notice thereof
oo
9
to the person concerned. He shall then take an additional sample, but
not before the lapse of 3 days. Immediate degrading, suspension of
permit, or court action shall be called for when the grade limit is
violated by such additional samples, or when the grade limit is again
violated during the remainder of the current 6-month period by more
than one of the last four consecutive samples, unless the last individual
results is within the grade limit.
In case of violation of the phosphatase test requirement,
the probable cause shall be determined and corrected before milk or
milk products from the plant concerned again can be sold as pasteur-
ized milk or milk products.
Section 75. 070. Grading of milk and milk products; sanitation
requirements. At least once every six months, the milk inspector shall
announce the grades of all milk and milk products delivered to and con-
sumed within this city.
AML
Grades shall be based on the following standards, the grad-
ing of milk products being identical with the grading of milk, except that
the bacterial-count standards shall be doubled in the case of cream and
half and half, and shall be omitted in the case of sour cream, buttermilk,
cultured buttermilk, cultured milk, cottage cheese, and creamed cottage
cheese. Vitamin D milk shall be only of Grade A pasteurized, Grade B
pasteurized, or certified pasteurized quality. The grade of a milk pro-
duct shall be that of the lowest grade of milk or milk product used in its
preparation.
Grade A Raw Milk. - Grade A raw milk is raw milk produced
upon dairy farms conforming with al.l of the following items of sanitation:
the bacterial plate count or the direct microscopic clump count of the
milk shall not exceed 50, 000 per milliliter, as determined in accordance
with Section 7 5. 0 60.
Grade A Raw Milk for Pasteurization. Grade A Raw Milk
for pasteurization is raw milk from producer dairies of which the bacterial
plate count or the direct microscopic clump count of the milk, either as
delivered from the farm or contained in bulk tanks on the farm, shall not
exceed 100, 000 per milliliter as determined by Section 75. 060, and
which conforms with the following standards of sanitation:
Item lr. Cows-Health. - All milk for pasteurization shall
be from herds which are located in a modified accredited tuberculosis
free area, as determined by the Bureau of Animal Industry, United States
Department of Agriculture, and which have been tested for tuberculosis
not more than 6 years prior to January 1 , 1963 and at least every 6 years
after such test: Provided, That herds located in an area that fails to
maintain such accredited status, or that has an incidence of bovine
tuberculosis in excess of 0. 2 percent, shall have been accredited by
said Bureau of Animal Industry as tuberculosis-free, or shall have
passed an annual tuberculin test. All. additions to such herds shall be
free from tuberculosis. In the case of milk not for pasteurization, all
herds and additions thereto shall be tested and found free of tuberculosis
before any milk therefrom is sold, and all herds shall be retested at
least every 12 months thereafter. Said test and retests shall be made,
and any reactors disposed of, in accordance with the latest require-
ments approved by the Bureau of Animal Industry, United States Depart-
ment of Agriculture, for tuberculosis-free, accredited herds, in effect
on or after January 1 , 1963. Acertificate identifying each animal, signed
by the veterinarian or attested to by the milk inspector, and filed as
directed by the milk inspector, shall be evidence of the above test.
From and after January 1, 1963 all milk and milk products
for pasteurization shall be from herds certified by the State Livestock
Sanitary Authority as following with Plan A or Plan B approved by the
BAI, for the eradication of brucellosis. Evidence of this certification
shall be filed as directed by the milk inspector. All additions to the
herd shall be brucellosis-free. In the case of milk not for pasteuriza-
tion, all herds and additions thereto shall be tested and found free of
brucellosis before any milk therefrom is sold, and all herds shall be
retested at least every 12 months thereafter. Tests and retests shall
be made, and any reactors disposed of, in accordance with the latest
requirements approved by the BAI, USDA, in effect on or after January
1, 1963. A certificate identifying each animal, signed by the veter-
inarian and the director of the laboratory making the test, and filed as
directed by the milk inspector, shall be evidence of the above test.
Cows which show a complete induration of one quarter
or extensive induration in one or more quarters of the udder upon
physical examination, whether secreting abnormal milk or not, shall
be permanently excluded from the milking herd: Provided, That this
shall not apply in the case of a quarter that is completely dry. Cows
giving bloody, stringy, or otherwise abnormal milk, but without entire
or extensive induration of the udder, shall be excluded from the herd
until re-examination shows that the milk has become normal.
For other diseases, such tests and examinations as the
milk inspector may require after consultation with State livestock
sanitary officials shall be made at intervals and by methods prescribed
by him, and any diseased animal or reactors shall be disposed of as
he may require.
Item 2r. Milking Barn-Lighting. A milking barn, stable,
or parlor shall. be provided,. It shall be provided with adequate light,
properly distributed, for both day and night milking.
Item 3r. Milking Barn-Air Space and Ventilation. - Such
sections of the milking barn, stable; or parlor, where cows are kept
or milked, shall be well ventilated, and shall be so arranged as to
avoid overcrowding.
Item 4r. Milking Barn-Floors-Animals. - The floors and
gutters of that portion of the barn; stable, or parlor, in which cows
are milked, shall be constructed of concrete, or other approved, im-
pervious, and easily-cleaned material.. Floors and gutters shall be
graded so as to drain properly, and shall be kept clean and in good
repair. No swine or fowl shall be permitted in the milking barn, stable,
or parlor, If horses, dry cows, calves, or bulls should be stabled
therein, they shal.l be confined in sta.11.s, stanchions, or pens, which
shall be kept clean and in good repair.
Item 5r . Milking Barn-Walls and Ceilings. - The interior
walls and the ceilings of the milking barn, stable, or parlor shall be
white-washed or painted as often as may be necessary, or finished in
an approved manner,- and shall be kept clean and in good repair. Where
there is a second story above the milking barn, stable, or parlor, the
ceiling shall. be tight. If feed should be ground or mixed, or sweet
feed should be stored; in a feed room or feed-storage space which
adjoins the milking space, it shall be separated therefrom by a dust-
tight partition and door,
Item 6r. Cow Yard. - The cow yard shall be graded and
drained as well as is practicable, and shall be so kept that there are
no standing pool.s of water :nor accumulations of organic wastes;
Provided, That, in loafing and/or cattle-housing areas, manure droppings
shall be removed, or clean bedding added, at sufficiently frequent
intervals to prevent the accumulation of manure on cows' udders and
® flanks. Swine shall be kept out.
Item 7r. Manure Disposal. - All manure shall be removed,
and stored or disposed of in such manner as best to prevent the breeding
of flies therein and the access of cows to piles thereof.
Item Br, Milk House or Room - Construction and Equipment.
There shall be provided a milk house or milk room, in which the cooling,
handling, and storing of milk and milk products, and the washing,
bactericidal treatment, and storing of milk containers and utensils,
shall be done. (a) The milk house or room shall be provided with a
smooth floor, constructed of concrete or other impervious material,
maintained in good repair,, and graded to provide proper drainage. (b)
It shall have walls and ceilings of such construction as to permit easy
cleaning and shall be well painted, or finished in an approved manner.
(c) It shall be well lighted and well ventilated. (d) It shall have all
openings effectively screened, including outward-opening self-closing
doors, unless other effective means are provided to prevent the entrance
of flies. (e) It shall. be used for no purposes other than those speci-
fied above, except as may be approved by the milk inspector; it shall
not open directly into a milking barn or stable, nor into any room used
for domestic purposes; it shall. if the milk will. be consumed raw, have
water piped into it, and shall. be provided with adequate facilities for
heating water to clean. utensils; and it shall be equipped with 2-compart-
ment, stationary, wash and rinse vats, except that where an in-place
washer is used only a one compartment vat shall be required, and ex-
cept that in the case of retail raw milk, if chemicals are employed as
the principal bactericidal treatment, the 3-compartment type must be
used. The cleaning and other operations shall, unless the milk is to
be pasteurized, be partitioned to separate the handling of milk and the
storage of cleaned utensils from the cleaning and other operations,
which shall be so located and conducted as to prevent any contamination
of the milk or of cleaned equipment.
Item 9r. Milk House or Room - Cleanliness and Flies. -
The floors, walls, ceilings, and equipment of the milk house or room
shall be kept clean at all times„ All necessary means for the elimin-
ation of flies shall be used.
Item 10r, Toilet. - Every dairy farm shall be provided
with one or more sanitary toilets, conveniently located, and properly
constructed, operated, and maintained, so that the waste is inacces-
sible to flies, and does not pollute the surface soil nor contaminate
any water supply.
Item 11 r. Water Supply. - Water for all. dairy purposes
shall be from a supply properly located, protected, and operated, and
shall be easily accessible, adequate, and of a safe, sanitary quality.
Item 12r. Utensils - Construction. - All multi-use con-
tainers, equipment, and other utensils used in the handling, storage,
or transportation of milk or milk products shall be made of smooth, non-
absorbent, non-corrodible: non-toxic material, shall be so constructed
as to be easily cleaned, and shall be kept in good repair. joints and
seams shall be welded or soldered flush. Woven-wire cloth shall not
be used for straining milk. When milk is strained, strainer pads shall
be used and shall not be reused. All milk pails obtained hereafter shall
be of the seamless, hooded type. All single-service articles used shall
have been manufactured, packaged, transported, and handled in a sani-
tary manner.
Item 13r, Utensils - Cleaning. - All multi-use containers,
equipment, and other utensils used in the handling, storage, or trans-
portation of milk and milk products shall be thoroughly cleaned after
each usage.
Item 14r, Utensils - Bacter.Jcidal Treatment. - All multi-
use containers, equipment, and other utensils used in the handling,
storage, or transportation of milk. or milk products shall, before each
usage, be subjected effectively to an approved bactericidal process
utilizing steam, hot water, chemicals, or hot air.
Item 15r,. Utensils - Storage. - All containers and other
utensils used in the handling, storage, or transportation of milk or
milk products, unless stored in bactericidal solutions, shall be stored
so as to drain dry, and so as not to become contaminated before being
used.
Item 16r. Utensils - Handling. - After bactericidal treat-
ment, containers and other milk product utensils shall be handled in
such a manner as to prevent contamination of any surface with which
milk or milk products come into contact.
Item 17r. Milking - Udders and Teats, Abnormal Milk. -
Milking shall be done in the milking barn, stable, or parlor. The
udders and teats of all milking cows shall be clean and wiped with an
approved bactericidal solution at the time of milking. Abnormal milk
shall be kept out of the milk supply, and shall be so handled and dis-
posed of as to preclude the infection of cows and the contamination
of milk utensils.
Item 18r. Milking-Flanks. - The flanks, bellies, and tails
of all milking cows shall. be free from visible dirt at the time of milking.
All brushing shall be completed before milking commences.
Item 19r. Milkers' Hands. - Milkers' hands shall be
washed clean, rinsed with an effective bactericidal solution, and dried
with a clean towel, immediately before milking and immediately after
any interruption in the milking operation. Wet-hand milking is pro-
hibited. Convenient facilities shall be provided for the washing of
milkers' hands. No person with an infected cut or lesion on hands or
arms shall milk cows, or handle milk or milk utensils,
Item 20r. Clean Clothi.ng. - Milkers ind milk handlers
shall. wear clean outer garments while milking or handling milk, milk
products, containers, utensils, or equipment.
item 21r. Milk. Stools,. - Mil.k. stools and surcingles shall
be kept clean,
Item 22r, Removal of Milk. Each pail or can of milk
shall be removed immediately to the milk house or straining room. No milk
shall be strained or, poured in the barn, unless it is protected from flies
and other contamination.
Item 23r. Cooling - Milk and milk products for pasteuriza-
tion shall be cooled, immediately after completion of milking, to 400 F.
or less, and shall be maintained at that temperature until delivery, as
determined in accordance with Section 75. 060.
Item 24r. Vehicles and Surroundings, - All vehicles used
for the transportation of milk or milk products shall. be constructed and
operated so as to protect their contents from the sun, from freezing, and
from contamination. The immediate surroundings of the dairy shall be
kept in a clean, neat condition,
GRADE A PASTEURIZED MILK. - Grade A pasteurized milk is
grade A raw milk for pasteurization which has been pasteurized, cooled,
and placed in the final container in a milk plant which conforms with
the items of sanitation described. below, In all cases the milk shall
show efficient pasteurization as evidenced by satisfactory phosphatase
test, and at no time after pasteurization and before delivery shall the
milk have a bacterial plate count_ exceeding 30, 000 per milliliter, or a
coliform count exceeding 10 per milliliter, as determined in accordance
with Section 75. 060. Provided That the raw milk at no time between
dumping and pasteurization, shall have a bacterial plate count or direct
microscopic clump count. exceeding 400,000 per milliliter.
The grading of a pasteurized-milk supply shall include the
Inspection of receiving and collecting stations with respect to com-
pliance with Items 1p to 15p, inclusive, and 17p, 19p, 21p, 22p, and
23p, except that the partitioning requirement of Item 5p shall not apply.
Item I p. Floors. - The floors of all rooms in which milk
or milk products are handled or stored, or in which milk utensils are
washed, shall be constructed of concrete or other equally-impervious
and easily-cleaned material, and shall be smooth, properly drained,
provided with trapped drains; and kept clean and in good repair.
Item 2p, Walls and Ceilings,. - Walls and ceilings of
rooms in which milk or milk products are handled or stored, or in which
utensils are washed, shall have a smooth, washable, light-.colored
surface, and shall. he kept clean and in good repair.
Item 3p. Doors and Windows._ - Unless other effective
means are provided to prevent the access of flies, all openings to the
outer air shall. be effectivel.y screened, and all doors shall be self-
closing.
Item 4p. Lighting and Ventilation. - All rooms shall be
well lighted and well ventilated,.
Item 5p. Miscellaneous Protection from Contamination. -
The various milk-plant operations shall be located and conducted so as
to prevent any contamination of the milk, or of cleaned equipment. All
necessary means shall be used for the elimination of flies, other in-
sects, and rodents. There shall be separate rooms for (a) the pasteur-
izing, processing, cooling, and bottling operations, and (b) the washing
and bactericidal treatment of container. Cans of raw milk shall not be
unloaded directly into the pasteurizing room. Rooms in which milk,
milk products, cleaned utensils; or containers are handled or stored
shall not open directly into any stable or living quarters. The pasteuriza-
tion plant, milk containers, utensils, and equipment shall be used for
no purposes other than. the processing of milk and milk products, and the
operations incident thereto, except as may be approved by the milk
inspector.
Item 6p. Toilet Facilities. - Every milk plant shall be
provided with toilet facilities conforming with the ordinances of this
city. Toilet rooms shall not open directly into any room in which milk,
milk products, equipment, or containers are handled or stored. The
doors of all toilet rooms shall be self.-closing. Toilet rooms shall be
kept in a clean condition, in good repair, and well ventilated. A
placard on which the provisions of Section 75. 130 is printed, and a
® sign directing employees to wash their hands before returning to work,
shall be posted in all toilet rooms used by employees. Where privies
or earth closets are permitted and used they shall be separate from the
building, and shall be of a sanitary type, located, constructed, and
operated in conformity with the requirements of Item 10r.
Item 7p. Water Supply - The water supply shall be
easily accessible, adequate, and of a safe, sanitary quality.
Item 8p. Hand-washing Facilities. - Convenient hand-
washing facilities shall be provided, including hot and cold running
water, soap, and approved sanitary towels.. Hand-washing facilities
shall be kept clean. The use of a common towel is prohibited. No
employee shall resume work after using the toilet room without having
washed his hands.
Item 9p. Sanitary Piping. - All piping used to conduct
milk or milk products shall. be sanitary milk piping of a type which can
be easily cleaned, Pasteurized milk and milk products shall be con-
ducted from one piece of equipment to another only through sanitary
milk piping.
Item 10p. Construction and Repair of Containers and
Equipment. - All multi.-use containers and equipment with which milk
or milk products come into contact shall be of smooth, impervious,
non-corrodible, non-toxic material; and shall be so constructed and
so located as to be easily cleaned; and shall. be kept in good repair.
All single-service containers, closures, gaskets, and other articles
used shall have been manufactured, packaged, transported, and
handled in a sanitary manner.
Item 11p. Disposal of Wastes. - All wastes shall be
properly disposed of. All plumbing and equipment shall be so designed
and so installed as to prevent contamination of milk equipment by
backflow.
Item 12p. Cleaning and Bactericidal Treatment of Con-
tainers and Equipment. All milk and milk product containers and
equipment except single-service containers, shall be thoroughly
cleaned after each usage. All. such containers shall be subjected
effectively to an approved bactericidal. process after each cleaning,
and all equipment immediately before each usage. When empty, and
before being returned to a producer by a milk plant, each container
shall be thoroughly cleaned and subjected to an effective, approved
bactericidal process.
Item 13p. Storage of Containers and Equipment. - After
bactericidal treatment, all bottles, cans, and other multi-use milk or
milk-product containers and equipment shall be transported and stored
In such a manner as to be protected from contamination.
Item 14p. Handling of Containers and Equipment. - Between
bactericidal treatment_ and usage, and during usage, containers and
equipment shall not be handled or operated. in such a manner as to per-
mit contamination of the milk. Pasteurized milk or milk products shall
not be permitted to come into contact with equipment with which unpas-
teurized milk or milk products have been in contact, unless the equipment
has first been thoroughly cl.eaned and effectively subjected to an
approved bactericidal process. No milk or milk products shall be per-
mitted to come into contact with equipment with which ungraded or a
lower grade of mil.k. or milk. products has been in contact, unless the
equipment has first been thoroughly cleaned and effectively subjected
to an approved bactericidal prccess„
Item 15p. Storage of Caps, Parchment Paper, and Single-
Service Containers. - Milk.-bottle caps or cap stock, parchment paper
for milk cans, single-service containers, and gaskets shall be purchased
and stored only in sanitary tubes, wrappings, or cartons; shall be kept
therein in a clean, dry place until used; and shall be handled in a sani-
tary manner.
Item 1.6p. Pasteurization. - Pasteurization shall be per-
formed as described in Section 75. 020 (33).
Item 17p. Cooling. - All milk and milk products received
for pasteurization shall be cooled immediately in approved equipment
to 400 F. or less, and shall be maintained at that temperature until
pasteurized. All pasteurized milk and milk products, except those to
be cultured, shall be cooled immediately in approved equipment to a
temperature of 400 F. or less, and shall be maintained thereat until
delivery, as determined in accordance with Section 75. 060.
Item 18p. Bottling and Packaging. - Bottling and packag-
ing of milk and milk products shall be done at the place of pasteuriza-
tion in approved mechanical equipment.
Item 19p. Overflow Milk. -- Overflow milk or milk pro-
ducts shall not be sold for human consumption.
Item 20p. Capping. - Capping of milk and milk products
shall be done in a sanitary manner by approved mechanical. equipment.
Hand-capping is prohibited, The caps, or cover, shall protect the
pouring lip to at least its largest diameter.
Item 21p. Personnel - Health_ - The milk inspector, or
a physician authorized by him, shall examine and take a careful morbidity
history of each person connected with a pasteurization plant, or about
to be employed by one, whose work will bring him into contact with the
processing, handling, storage, or transportation of milk, milk products,
containers, or equipment. If such examination or history should suggest
that such person may be a carrier of typhoid or paratyphoid fever, or
any other communicable disease likely to be transmitted through milk,
he shall secure appropriate specimens of body discharges and cause
them to be examined in a laboratory approved by him or by the State
health authorities for such examination, and, if the results justify, such
persons shall be barred from such employment.
Such persons shall. furnish such information, submit to
such physical examinations, and submit such laboratory specimens as
the milk inspector may require for the purpose of determining freedom
from infection.
No person with an infected cut or lesion on hands or arms
shall handle milk, milk products, milk containers, or milk equipment.
Item 22p. Personnel - Cleanliness. - All persons who
come into contact with milk, milk products, containers or equipment,
shall wear clean outer garments, and shall keep their hands clean at
all times while engaged in such works
Item 23p. Vehicles. - All. vehicles used for the transpor-
tation of milk or milk products shall be constructed and operated so as
to protect their contents from the sun, from freezing, and from contamin-
ation. All vehicles used for the distribution of milk or milk products
shall have the name of the distributor prominently displayed thereon.
Milk tank-cars and tank trucks shall comply with the con-
struction, cleaning, bactericidal treatment, storage, and handling re-
quirements of Items 5p, l0p, 1.2p, 13p, 14p. While containing milk,
cream, or milk products, they shall be sealed and labeled in an
approved manner. For each tank shipment, a bill of lading containing
all necessary information shall be prepared in triplicate, and shall be
kept on file by the shipper-, the consignee, and the carrier for a period
of six months for the information of the milk inspector.
Section 75. 080. Supplementary regrading; reinstatement of
suspended permit. Any producer or distributor of milk or milk products,
the grade of which has been lowered by the milk inspector, and who
thereafter properly labels his milk and milk products, or whose permit
has been suspended at any time pursuant to the provisions of Section
75. 050, 75. 060 or 75. 070, may make application for the regrading of
his milk or milk products, or the reinstatement of his permit.
Upon receipt of a satisfactory application for regrading or
reinstatement of permit based on correction of a violation of any
bacteriological or cooling temperature standard, the milk inspector
shall take further samples at the rate of not more than two per week,
and shall approve the application upon compliance with the grade re-
qui.rements as determined in �.ccordance with Section 75. 060„ Provided,
That if samples are not available because of suspension of permit to
operate, or for, other reasons, the milk inspector may issue a temporary
permit upon satisfying himself, by inspection of the facilities and the
operating methods, that the conditions responsible for the violation
have been corrected, with final reinst-at.ement of permit conditional
upon subsequent bacteriological or temperature findings.
In case the lowered grade of the applicant's product or the
permit suspension had been due to a violation of an item other than
bacteriological standards or cooling temperature, the said application
must be accompanied by a statement; signed by the applicant, to the
effect that the violated item of the specifications has been corrected.
Within one week of the receipt of such an application and statement,
the milk inspector shall. make a r.einspection of the applicant's estab-
lishrrient, and thereafter as many additional reinspections as he may
deem necessary, to assn:a himself that the applicant is again complying
with the higher-grade requirements, and, in case the findings justify,
shall regrade the milk or milk products upward or reinstate the permit.
Section 75. 090. Labeling. All bottles, cans, packages, and
other containers enclosing milk or, any milk product defined in Section
75. 020 shall be plainly labeled or marked with (1) the name of the con-
tents as given in the definition in this ordinance; (2) the word "recon-
stituted" or "recombined" if included in the name of the product as
given in the definition; (3) the grade of the contents; (4) the word
"pasteurized" only if the contents have been pasteurized; (5) the word
"raw" only if the contents are raw; (6) the phrase "for pasteurization"
if the contents are to be pasteurized; (7) the name of the producer if
the contents are raw, and the identity of the plant at which the contents
were pasteurized if the contents are pasteurized; (8) in the case of
vitamin D milk or m11.k products, the designation "Vitamin D", the source
of the vitamin D, acid the number of U. S. P. units per quart; (9) in the
case of concentrated milk or milk products, the volume or proportion
of water to be added for recombining; and (10) the words "skim-milk
solids added", and the percentage added if such solids have been
added, except that this requirement shall. not apply to reconstituted
or recombined milk or milk products. Provided, That only the identity
of the producer dairy shall. be required on cans delivered to a milk
plant which receives only one grade of raw milk for pasteurization,
and which immediately dumps, washes, and returns the cans to the
producer dairy,
The label, or mark, shall be in letters of an approved size,
kind, and color, and shall contain no marks or words which are mis-
leading.
Homogeni zed. milk or homogenized cream shall not be
mixed with mil.k., skim mil.k., or cream which has not been homogenized,
unless the product is labeled "homogenized." and conforms with the
standards for homogPni zation in Section 75, 020 (21),
Section 75. 100. Sale of Adul.t.erated, Misbrandedg or Ungraded
Milk or Mil.k. Products Prohibited •- No person shal.l produce, sell,
offer or expose for sale, or have in possession with intent to sell
within this city, any milk or milk product which is adulterated, mis-
branded, or ungraded. It shall be unlawful for any person, elsewhere
than in a private home, to have in possession any adulterated, mis-
branded, or ungraded milk or m.i.lk. product: Provided, That in an emer-
gency the sale of ungraded pasteurized milk or pasteurized milk products
may be authorized by the milk inspector, upon the approval of the State
health authority, in which case they shall be labeled "ungraded".
Any adulterated, misbranded, or improperly labeled milk
or milk products found in this city may be impounded by the milk
inspector and disposed. of in accordance with state law.
Section 75. 110. Transferring or Dipping Milk; Delivery Con-
tainers; Cooling; Quarantined Residences. - Except as permitted in
this section, no milk producer or distributor shall transfer milk or milk
products from one container to another on the street, or in any vehicle;_
or store, or in any place except a bottling or milk room especially
used for that purpose, The sale of dip milk is hereby prohibited.
Milk, and fluid-,milk products sold in the distributor's con-
tainers in quantjtiPs of one gallon or Less shall be delivered in standard
milk bottles or in single service containers. It shall be unlawful for
hotels, soda restaurants, groceries and similar establishments to sell
or serve any milk or fluid-milk products except in the individual,
original container in which it was received from the distributor, or
from a bulk container equipped with an approved dispensing device:
Provided, That this requirement shall not apply to cream, whipped
cream, or half and half which is consumed on the premises, and which
• may be served from the original. bottle or from a dispenser approved
for such service, nor to.mil.k served at hospitals or institutions, which
may be served from 1-quart containers packaged at a milk plant, nor to
mixed milk drinks requiring less than 1/2 pint of milk, which may be
poured from 1-quay- or 2-quart containers packaged at a milk plant.
It shall. be unlawful. for any hotel, soda fountain, res-
taurant, grocery store, hospital or similar establishment to sell, or
serve anv milk or milk product which has not been maintained, while
in its possession, at a, temperature of 400 F. or less. If containers
of milk or milk products are stored in water for cooling, the pouring
lips of the containers shall not be submerged.
It shall. be the duty of al.]. persons to whom milk or milk
products are delivered to clea.n thoroughly the containers in which
such milk or milk products are delivered before returning such con-
tainers.
The delivery of milk or milk products to, and the collec-
tion of milk or milk products containers from, residences in which
cases of communicable disease transmissible through milk supplies
exists, shall be subject to the special, requirement of the milk inspector.
Section 75, 120• Future Dairies and Milk Plants. - All dairies
and milk plants from which milk, or milk products are supplied to this
city which are hereafter constructed, reconstructed, or extensively
altered,, shall. conform in their construction to the Grade A require-
ments of this ordinance,. Properly-prepared plans for all. dairies and
milk plants, which are hereafter constructed, reconstructed, or exten-
sively altered; shall be submitted to the Milk Inspector for approval
before work is begun. In the case of milk plants, signed approval
shall be obtained from the Milk Inspector and/or the State health
authority.
Section 75. 130. Notification of Disease. - No person with
any disease in a communicabl.e form, or who is a carrier of such disease,
shall work at anv dairy farm or milk plant in any capacity which brings
him into contactt with the production, handl.ing, storage, or transporta-
tion of milk, milk products; containers or equipment; and no dairy farm
or milk plant shall employ in any such capacity any such person, or
any person suspected of having any disease in a communicable form,
or of being a 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 Milk Inspector immediately.
Section 75. 140. 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, or
milk products, the Milk Inspector 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 the milk supply con-
cerned from distribution and use; and (3) adequate medical and bacteri-
ological examir..adon of the per son. of his associates, and of his and
their body discharges.
Section 75. 150. Enforcement interpretation.. Sections 75. 010
through 75. 190 shall. be enforced by the milk inspector in accordance
with the interpretations thereof ccnta.i.ned in Milk Ordinance and Code -
1953 Recommendations of the Public Health Service, and the Missouri
Division of Health Policies Governing the Handling of Bulk Milk from
Dairy Farm to Dairy Plant., certified. copies of which shall be on file in
the office of the mil.k. .inspector.
Section 75. 160, Unconstitutionality clause. Should any pro-
vision or provisions of Sections 75. 010 through 75. 190 be declared
unconstitutional. or invalid for any reason, the remainder of the pro-
visions of Sections 75, 010 through 75, 190 shall not be affected thereby.
Section 75, 170. Repeal. Clause. - All ordinances, or parts of
ordinances, in conflict with Sections 75. 010 through 75. 190, or any
of said sections,, shall be, and they are hereby, repealed insofar and
to the extent that they do conflict.
Section 75. 180. Pe alty. Any person who shall violate any of
the provisions of Section 75. 010 through 75. 190 shall be deemed guilty
of a misdemeanor, and upon conviction thereof shall be fined not more
than $100. 00, and each and every violation of any of the provisions
of Sections 75 010 through 75,. 190 shall constitute a separate and dis-
tinct offense.
Section 75, 190,. Effective date, Sections 75. 010 through
75. 190 shall take effect and be in force from and after their passage
and approval..
Section 3. This ordinance shall take effect and be in force from
and after its passage and approval..
Passed: o?r /9L_7 Approved: �3
President of the Coun Mayor
Attest:
ity Clerk