HomeMy Public PortalAboutORD06045 119
Section 2. Anyone violating any of the terms of this
ordinance shall be deemed guilty of a misdemeanor.
Section 3. This ordinance shall be in force and effect
from and after its passage and approval.
pasW Mar-7 1955 Approved 3-12- 1955
Arthur W. Ellis Arthur W. Ellis
Pre s c 'a - oe ouncil may or
i
Attest �en' W. Ella
AZT Ulerk I.
�o
Y ORD3NANCE N 0. ,
AN ORDINANCE RWEALING ORDINANCE 5179 and 5454 DEFINING MILK AND CERTAIN MILK
PRODUCTS.. M11X FRODUCER, PASTEURIZATION, ETC.., PROHIBITING THE BALE OF ADUISERATED
AND MISBRMED 14112, AND r1ILK PRODUCTS, REQUIRING PERMITS FOR THE BALE OF MILK AND
MILK PRODUCTS, REGU7„AT,1NG THE INSPECTION OF DAIRY FARMS AND MILK PLANTS, THE
EY.AMIRIATION, GRADING, LABELING AND PLACARDING, PASTEURIZATION, REGRADING, DISTRZ-
BumoN AND Bm OF NiTz AnD MILK PRODUCTS, PROVIDING FOR THE PUBLISHING OF MILK
GRADES' THE CONSTRUCTION OF FUTURE DAIRIES AND MILK PLANTS, THE ENFORCEMENT OF
THE MILK ORD331ANCS AND FT.XING PENALTIES, AND ENACTING A NEW ORDLNANC9 PERTAINING
TO THE SAME SUBJECT.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF OFFERSONp MISSOURI, AS FOLLOWS:
Section 1. Ordinances numbers 5179 and 5454 defining milk and certain milk
products, milk producer, pasteurization, etc. , prohibiting the sale of adulterated
and misbranded milk and milk products, requiring permits for the sale of milk and milk
products, regulating the inspection of da�ry farms and milk plants, the examination,
grading, labeling, placarding, pasteurize ion, regrading, distribution and sale of
milk and milk products, providing for the publishing of milk grades, the construction
of future••dairies and milk plants, the enforcement of the ordinances and fixing
penalties be and the same are hereby repealed.
Section 2. Definitions. The following definitions shall apply in the inter-
pretation and enforcement of this ordinance.
A. 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 8b per cent milk solids-not-fat and not less than 3u
per cent milk-fat.
A-1. 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.
B. tai,slkfut. - Milkfat, or butterfat, is the fat of cream.
B-1. Cream. - Cream is a portion of milk which contains not less than 18%
mil.kfat.
B-2. Sour Cream. - Sour cream is a cream the acidity of which is more than
0.20 percent, expressed as lactic acid.
B-3. Li ' t Creamo Coffee Cream or Table Cream. - Light cream, coffee cream,
or table cream, is cream which contains less than 30 milkfat.
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B-4. Whipping Cream. - Whipping cream is cream which contains not less than
30 percent mil.kfat.
B-5. Light Whipping Cream. - Light whipping cream is whipping cream which
contains less then 36 percent milkfat.
Br6. Heavy Cream, or Heavy Whipping Cream. - Heavy cream, or heavy whipping
cream, is whipping cream which contains not less than 36 percent milkfat.
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B-7. Half and Half. - Ialf and half is a product consisting of a mixture
'i of milk end cream which contains not less than 11.5 percent milkfat.
D-8. Reconstituted or recombined Half and Half. - Reconstituted, or
recombined, ha] and half is a product resulting from the combination of recon-
, stituted milk or reconstituted skim milk with cream or reconstituted crease, which
contains not less them 11.5 percent milkfat.
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l B-9. Whipped Cream'. - Whipped cream is cream to which a harmless gas has
' been added to cause whipping of the product. It may also contain sugary other
harmless flavoring, and a harmless stabilizer.
! C.• Concentrated Milk. - Concentrated milk is a fluid product, unsterilized
and una4metened, resulting from the removal of a considerable portion CC the water
from milk. When recombined with water, in accordance with instructions printed on
the container, the resulting product conforms with the standards for milkfat and
solids-not-fat of milk as defined above.
I� C-1. 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 milk, concentrated flavored drink,.
and similar concentrated products made from concentrated milk or concentrated skim
mil's, are the case may be, and which, when recombined with water in accordance with
instructions printed on the container, conform with the definitions of the corresponding
milk products in this section.
C-2. Pr
y &1k- - Dry milk is milk from which at least 95 percent of the water
has been removed.
D. Skim Milk. - Skim milk is milk from which a sufficient portion of milk-
fat has been R'moved to reduce its milkfat content to less than _* percent.
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D-1. Nonfat, Fat-Free, or Defatted Milk. - Nonfat, fat-free or defatted milk
is skim milk which contains not more than 0.1 percent milkfat.
�(. D-2. Skim-Milk, Solids. - Skim-milk solids shall be deemed to include cone.Qn-
trated skim milk and nonfat dry-milk solids.
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I D-3. Nonfat Dxy-Milk Solids. - Nonfat dry-milk solids shall mean nonfat milk
f from which at least 95 percent of the water has been removed.
j' E. Flavored Milk. - Flavored milk is a beverage or confection consisting of
milk to which has been added a syrup or flavor made from wholesome ingredients.
E-1. 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 arnip or navor made from wholesome ingredients.
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E-2. Flavored Reconstituted Milk. - Flavored reconstituted milk is a flavored
milk made from reconstituted milk.
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E-3. Flavored Reconstituted Drink, or Flavored Reconstituted Dairy Drink. -
f Flavored reconstituted drink, or flavored reconstituted dairy drink, is a flavored
�i drink made from reconstituted skim milk.
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F. Butt . - Buttermilk is a fluid product resulting from the churning of milk or cream. It contains not less than 81 percent milk solids-not-fat.
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P.-I. Cultured Buttermilk. - Cultured buttermilk is a fluid product resulting
11 frost the sottri.n�; or treatment, by a lactic acid or other culture, of pasteurized skim
amilk or pasteurized reconstituted skim milk. It contains not less than 8;4 percent
lmilk solids-not-fat.
F-2. Cultured Milk. •- Cultured milk is a- fluid or semifluid product resulting
,'from the souring or treatment, by a lactic acid or other culture, of pasteurized milk,
?;paste:urized reconstituted milk, or pasteurized concentrated milk. It contains not
,Mess than 8' percent milt solids-not-fat and not less than 34 percent milkfat.
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G. Vitamin D Mlk. - 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.
li. 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.
H-1., Reconstituted,, or Recombined Cream. - Reconstituted, or recombined
cream is a product which results from the combination of dry cream, butter,• or milk-
fat, with cream, milk, skim milk, or water, and which complies with the milkfat
standards of cream as defined herein.
H-2. Reconstituted. or Recombined, Skim Milk. - Reconstituted, or recombined,
skim milk is a product which results from the recombining of skim milk constituents
with water, and which contains not less than 84 percent milk oolids-not-fat. '
I. Cot heese. - 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.
I-1. 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 per-
cent milkfat by weight, and not more than 80 percent moisture.
J. Homogenized 11ilk. - Homogenized milk is milk which has been treated in such
a manner as to insure break-up 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 determined after thorough mixing. The
word nmilkrr shall be interpreted to include homogenized milk.
K. •Milk Products. - Milk products shall be taken to mean and to include
cream, sour cream, half and half, reconstituted half and h"lf, whipped cream,
concentrated milk, concentrated milk products, skim milk, nonfat milk, flavored milk,
flavored drink, flavored reconstituted milk, flavored reconstituted drink, buttermilk,
cultured buttermilk, cultured mills, vitamin D milk, reconstituted or recombined 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 pur-
poses, and designated as a milk product by the milk inspector.
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L. Pasteurization. - The term "pasteurization", "pasteurized", and similar
terms shall be taken to refer to the process of heating every particle of milk or
milk products to at least 1430 F. , and holding it at such temperature continuously
for at least 30 minutes, or to at least 1610 F., and holding it at 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 State health authority.
M. Adulterated and Misbranded Milk and Milk Products. - Any milk or cream
to which water has been added, or any milk or milk product, whjch contains any un-
wholesome substance, or which if defined in this ordinance does not conform with its
definition, shall be deemed to be adulterated. Any milk or milk product which
carries s, 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.
N. 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.
0.- 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.
OTl. Producer-Distributor. - A producer-distributor is a milk producer who
is also a milk distributor.
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P. Dot ors Dairy Farm, - A dairy, or dairy farm, is any place or premises
where one or more cows are kept, n part or all of the .milk or milk products from
which is eold or offered for sale.
P-1. Producer Dair, - A producer dairy is a dairy farm which sends milk or
cream to a mil ;TeEF-far processing.
Q. Milk Plant. - A milk plant is any place, premises, or establishment where
mi.11k or milk products are collected, handled, processed, stored, pasteurized, bottled,
or prepared for distribution, except an establishment where milk or milk products are
Bold at retail. only.
R. Milk Inspector. - The term "Milk Inspector" shall mean the health
authority of the City of Jefferson, or his authorized representative, designated to
enforce this ordinance and all amendments thereto.
3. Average Bacterial Plate Count, Direct Microscopic pic Count, and Cooling
Temperature. - Average bacteria., plate count and average direct microscopic count
shall be taken to mean the logarithmic average, and average cooling temperature
shall be taken to meem the arithmetic average, of the respective test results of
the last four consecutive samples, taken upon separate days, irrespective of the
6-Month period referred to in Section 7.
T. Person. - `The word "person" shall mean any individual, partnership,
corporation, company, firm, trustee, or association.
U., And/or. - Where the term "and/or" is used, "and" shall apply where
possible, otherwise "or" shall. apply.
SECTION 3. The Sale of Adulterated, Misbranded, or Ungraded Milk or Milk
Products Prohibited. - No person shall, within the municipality of Jefferson City,
or its police jurisdiction, produce, sell, offer or expose for sale, or have in
possession with intent to sell, any milk or milk product which is adulterated,
misbranded, or ungraded. It shall be unlawful for any person, elsewhere than in
a private home, to have in possession any adulterated, misbranded, or ungraded
milk or milk product: Provided, That in an emergency 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, and/or improperly labeled milk or milk products
may be impounded by the milk inspector and disposed of in accordance with state law.
SECTION 4. Permits. - It shall be unlawful for any person to bring into,
send into, or receive into the municipality of Jefferson City, or its police juris-
diction, for sale, or to sell., or offer for sale therein, or to have in storage
where milk or milk products are sold or served, any milk or milk products defined
in this ordinance, who does not possess a permit from the milk inspector of the
municipality of Jefferson City.
Every milk producer, milk hauler, milk distributor, and operator of a milk
;f plant shall secure a permit. Only a person who complies with the requirements of
I this ordinance shall be entitled to receive and retain such a permit. Permits
shall not be tranuferabl.e with respect to persons and/or locations.
Such a permit may be temporarily suspended by the milk inspector upon'
�l violation by the holder of any of the terms of this ordinance, or for interference
i� with the milk inspector in the performance of his duties, or may be revoked after
an opportunity for a hearing by the milk inspector upon serious or repeated violations.
A: SECTION 5. Labeling. - All bottles) cans, packages, and other containers
enclosing milk or any milk product defined in Section 2 of this ordinance shall be
plainly labeled or marked with (1) the name of the contents as given in the definition
in this ordinance; (2) the word "reconstituted" or "recombined" if included in
,!f the name d 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 enntents-are .
raw, the 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 milk products, the
designation "Vitamin D", the source of the vitamin D, and the number of U.S.P. units
y per quart; (9) in the case of concentrated milk or milk roducts, the volume or
proportion of water to be added for recombining; and (103 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
j delivered to a milk plant which receives only one grade of raw milk for pasteurization,
I and which immediately dumps, washes) and returns the cans to the producer dairy.
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The label, or mark, ohall be in letters of an approved size, kind, and color,
and shall contain no marks or words which are misleading.
HomoFen.ized milk or homo(;cnized cr(;am aho.11 not be mixed with milk, skim
milk) or bream which has not been homogenized, unlcsa the product is labeled
"homogenized." and conforms with the standards for homogenization in Section Z (J).
SECTIOU 6. Inspection of Dairy Farms and Milk Plants. - Prior to the
issuance of a permit, and at least once every b months thereafter, the milk inspector
shall inspect all dairy farms and all milk plants whose milk or milk produeta are
intended for consumption within the municipality of Jefferson City, or its police
Jurisdiction. Provided, The milk inspector may accept, as a supplement to official
inspection, the results of periodic inspections by industry, of producer -dairies
which he checks periodically and finds satisfactory. If the milk inspector should dis-
cover the r1ola,tion of any requirement, he shall make a second inspection after a
lapse of such time as he may deem necessary for the defect to be remedied, but not
before the lapse of 3 days; and the second inspection shall be used in determining
compliance with the requirements of Section 8 of this ordinance. Any violation of
the same requirement of this ordinance on such reinspection shall call for immediate
degrading, suspension of permit, and/or court action.
One copy of the inspection report shall be posted by the milk inspector in a
conspicuous place upon an inside wall of the milk house or milk plant, and said
inspection report shall not be defaced or removed by any person except the milk
inspector. Another copy of the inspection report shall be filed with the records of
the health department.
Every railk producer and distributor shail� upon the request of the milk
inspector, permit him access to all parts of the establishment; and every distributor
shall furnish the milk inspector, upon his request, for official use only, a true
statement of the actual quantities of milk and milk products of each grade purchased
and sold, together with a list of all sources of such milk and milk products, records
of inspections and tests, and pasteurization time and temperature records.
SECTION 7. The Examination of Milk and Milk Products . - During each 6-month
period, at least four samples of milk and cream from each dairy farm, and at least
four samples of milk, cream, and homogenized milk from each milk plant, shall be
taken on separate days and examined by the milk inspector: Provided, That in the
case of raw milk for pasteurization, the milk inspector may accept the test results
of laboratories which he has checked periodically 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 products 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 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 determinations, phospha.-
tase 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 adoption of this ordinance. 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
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person concerned, and shall take an additional sample, but not before the lapse of
3 days, for determining a new average in accordance with Section 2 (S). 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, and/or court action, unless the last individual result is
within the grade limit.
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Whenever more than one of the last four consecutive coliform counts of
samples taken on separate days are beyond the limit for the grade then held, the
milk inspector shell send written notice thereof to the person concerned. He shall
then take an additional eample, but not before the lapse of 3 days. Immediate
degxadingp su"nsion of permit, and/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 eagzles, unless the last individual results is within the
grade limit.
In case of violation of the phosphatase test requirement, the probable cause
shalt be determined and corrected before milk or milk products from the plant
concerned again can be sold as pasteurized milk or milk products.
SECTION 8. The Grading of Milk and Milk Products. - At least once every 6
Irdonths, the milk inspector shall announce the grades of all milk and milk products
, delivered by all distributors and ultimately consumed within the municipality of
ii Jefferson City or its police jurisdiction.
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�) Grades shall be based on the following standards, the grading of milk pro-
II ducts 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
it pasteurized) Grade B pasteurized, or certified pasteurized quality. The .grade of
ii a Alk product shall be that of the lowest grade of milk or milk product used in
1I its preparation.
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Grade A Raw Milk. - Grade A raw milk is raw milk produced upon dairy farms
conforming with all of the following items of sanitation: The bacterial plate count
l or the direct microscopic clump count of the milk shall not exceed 50,000 •per
milliliter, as determined in accordance with Section 7.
I Grade A Raw Milk for Pasteurization. - Grade A raw milk for pasteurization
ie raw milk from producer dairies conforming with the following items of sanitation
except Item 24r (Bottling and Capping), Item 25r (Personnel-Health), and such
i portions of other items as are indicated therein. The bacterial: plate count or the
direct microscopic clump count of the milk, as delivered from the farm, shall not
exceed 200,000 per milliliter, as determined in accordance with Section 7-
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!, Item lr. Cows-Health. - All milk for pasteurization shall be from herds
which are located in a modified accredited tuberculosis free area, as determined
Iby the Bureau of Animal Industry, United States Department of Agriculture, and
; which have been tested for tuberculosis not more than 6 years prior to the adoption
of this ordinance 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
!i 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
ii annual, tuberculin test. All additions to such herds shall be free.-from -tuberculosis.
!i In the case of milk not for pasteurization, all herds and additions thereto shall be
!j tested and found free of tuberculosis before any milk therefrom is sold, and all
�I herds shall be retested at least every 12 months thereafter. Said test and retests
i, shall be made, and any reactors disposed of, in accordance with the latest
j requirements approved by the Bureau of Animal Industry, United States Department of
! Agrirultuure, for tuberculosis-free, accredited herds, in effect at the time of the
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adoption of this ordinance. A certificate identifying each animal., signed by
the veterinarian or attested to by the milk inspector, and filed as directed by
j the milk inspector, shall be evidence of the above test.
Within one (1) year after the adoption of this ordinance, all milk and milk
I 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.
i'! In the case of milk not for pasteurization, 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
y YwAe, and any reactors disposed of, in accordance with the latest requirements
approved by the BAX) USDA, in effect at the time of the adoption of this ordinance.
A certificate identifying each animal, signed by the veterinarian and the director
of the laboratory making the test, and filed as directed by the milk inspector,
shall be evidence of the above test.
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,__._.... .._......... . Cowe whhich show a complete induration of one
mp 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. owws
giving bloody, stringy) or otherwise abnormal milk, but without entire or extensive
induration of the udder, shall be excluded from the hard until re-examination shows
that the milk has become normal.
For other dinegses, 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 animals or reactors
shall be disposed of as he may require.
Item 2r, Milking Barn-righting. - 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, impervious, 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,
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or parlor. If horses, dry cows, calves, or bulls should be stabled therein, they
shall be confined in stalls, stanchions, or pens, which shall be kept clean and in !.
good repair..
Item 5r. Milking Barn-Walls and Ceilings. - The interior walls and the II
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 j
the milking space, it shall be separated therefrom by a dust-tight partition and
door. I'
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 pools 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. Dhnure 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 8r. 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 mills products, and the washing, bactericidal treatment, and storing of
milk containers and utensils, shall be done. (a) The milk house or room shall be
providad 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 shell i
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' II
prevent the entrance of flies. (e� It shall be used for no purposes other than '
those specified 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
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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-compartment, stationary, wash and rinse vats, except
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. (f) Section 14, shall be posted in the milk
house.
Item 9r, Milk House or Room - Cleanliness and Flies. - The floors, walls,
ceilings, and equipment o£ the milk house or room shall be kept clean at all times:
! All necessary means for the elimination of flies shall be used.
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Item 1Or. Toilet. - Every dairy farm shall be provided with one or more
sanitary toiletu, convcnieritly located, and properly constructed, operated, and
maintained, so that the waste is inaccessible to flies, and does not pollute the
surface soil nor contaminate any water supply.
i Item llr. Water Suzy. - 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 containers, 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 sanitary manner.
item l3r. Utensils - Cleaning. - All multi-use containers, equipment, and
other utensils used in the handling.) storage, or transportation of milk and milk
products shall be thoroughly cleaned after eash usage.
Item 14r. Utensils - Bactericidal 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 treatment, 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.
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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 shell 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 disposed of as to preclude the infection of cows and the contamination
of milk utensils.
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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 prohibited. Convenient facilities shall be provided for the
washing of milkers' hands. No person with an infected cut or lesion on hands or
awns shall milk cows, or handle milk or milk utensils.
Item 20r. Clean Clothing. - Milkers and milk handlers shall wear clean
outer garments while milking or handling milk, milk products, containers, utensils,
or egulpment.
Item 21r. Milk Stools. - Milk stools and surcingles shell 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.
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item. 23r. Cooling- - Milk and milk products not fo: pasteurization shall be
cooled) immediately after completion of milking, to 50o F. or less, and shall be
maintained at that temperature until delivery, as determined in accordance with
Section 7. 141k for pasteurization, unless delivered to a milk plant or receiving
station within 2 hours after completion of milking, shall be cooled immediately
to 500 F. or less and shall be maintained at that temperature as determined in
accordance with Section 7, until delivered.
Item 24r. Vehicles and Surroundings- - All vehicles used for the transporta-
tion oi' milk or milk products shall be constructed and operated no as to protect
their contents from the sun, from freezing, and from contamination. All vehicles
used for the distribution of milk and milk products shall have the distributor's
name prominently displayed thereon.
The immediate surroundings of the dairy shall be kept clean, neat condition.
Item 25r. Bottling and Capping- - Milk and ;Wilk products not for pasteuriza-
tion shell be bottled on the farm where produced. Bottling and capping shell be
done in a sanitary manner by means of approved equipment, and these operations shall
be integral in one machine. Caps or cap stock shall be purchased in sanitary con-
tainers, and shall be kept therein in a clean, dry place until used.
Item 26r. Personnel-Health.- The milk inspector or a physician authorized
by him, shall examine and take a careful morbidity history of every person connected
with a producer-distributor dairy, or about to be employed by one, whose work brings
him into contact with the production, handling, storage, or transportation of milk,
millp products, containers, or equipment. If such examination or history should
suggest that such person may be a carrier of, or be infected with, the organisms of
typhoid or paratyphoid fever or any other communicable disease likely to be trans-
mitted through milk, he shall obtain 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 person shall. be
barred from such employment. j
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Such persons shall furnish such information, submit to such physical examina-i
bons, and submit such laboratory specimens as the milk inspector May require for the!
purpose of determining freedom from infection.
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No person with an infected cut or lesion on hands or arms shall handle milk,
milk products, milk containers, or milk equipment.
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
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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 it
Section 7: Provided, That the raw milk at no time between dumping and pasteurization.,
shall have a bacterial plate count or direct microscopic clump count exceeding
200,000 per milliliter.
The grading of a pasteurized-milk supply shall include the inspection of ;!
receiving and collecting stations with respect to compliance with Items 1p .to 15p, j
inclusive, and 17p, 19p, 21p, 22p, and 23p, except that the partitioning require- ,
merit of Item 5p shall not apply. ,
Item 1p. Floors. - The floors of all rooms in which milk or milk products I�
are hwidled or stored, or in which milk utensils are washed, shall be constructed I�
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
I repair.
Item 2p. Walls and Ceilings. - Walls and ceilings of rooms in which milk
or milk products are handled or stored, or in which milk utensils are washed,
shall have a smooth, washable, light-colored surface, and shall be kept clean and
in good. repair.
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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 effectively
screened, and all doors shall be self-closing.
Item 4p. LJ in and Ventilation. - All rooms shall be well lighted and
well ventilated.
item 5p. Miscellaneous Protection from Contamination. - The various milk-
plant operations ahall 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 insects, and rodents. There shall be separate rooms for
(a) the pasteurizing, 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 pasteurization 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 Ep. Toilet Faeilties. - Every milk plant shall be provided with
toilet racilities conforming with the ordinances of the municipality of Jefferson
City. Toilet rooms shall not open directly into any room in which milk, milk
proiuctn) 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 Section 14 is printed, and
a siLm 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 require-
ments of 7t sm 10r.
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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. Band-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.
I Item 9p. Sanitary Pii�. - 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 conducted from one piece of equipment to another
only through sanitary milk piping.
I
Item 10p. Construction and Repair of Containers and Equipment. - All multi-
use containers and equipment with which milk or milk products come into contact
IshaJl 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.
1 Item llp. Disposal of Wastes. - All wastes shall be properly disposed of.
AL1. plumbing and equipment shall be so designed and so instal.led as to prevent
contamination of milk equipment by backflow.
Item 12p. Cleaning and Bactericidal Treatment of Containers 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 proceso.
Item 13p. Storage of Containers and Equipment. - After bactericidal treat-
ment, 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.
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129
Item 14p. Handlino�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 permit contamination of the milk. Pasteurized
milk or milk products shall not be permitted to come into contact with equipment
with which unpasteurized milk or milk products have been in contact, unless the
equipment has first been thoroughly cleaned and effectively subjected to an approved
bactericidal process. No milk or milk products shall be permitted to come into
contact with equipment with which ungraded or a lower grade of milk or mint products
has been in contact, unless the equipment has first been thoroughly cleaned and
effectively subjected to an approved bactericidal process.
Item 15p. Storage of Caps, Parchment Paper, and SinQ1e-Service Containers. -
Milk-bottle caps or cap stock, parchment paper for milk cans, single-service con-
tainere, and gaskets shall be purchased and stored only in sanitary tubes, wrappings,
or cartons; shal1 be kept therein in a clean, dry place until used; and shall be
handled in a sanitary manner.
Itein 1G Pasteurization. - Pasteurization shall be performed as described
in Section 2 (I. of this Ordinance.
Item 1'jp. Cooling. - All milk and milk products received for pasteurization
shall be cooled immediately in approved equipment to 500 F. or leas, and shall be
maintained at that temperature until pasteurized, unless they are to be pasteurized
within 2 hours after receipt; and all pasteurized milk and milk products) except
those to be cultured, shall be cooled immediately in approved equipment to a
temperature of 500 F. or less, and sha11 be maintained thereat until delivery, as
determined in accoYdance with Section 7.
Item 18p. Bottling and Packaging. - Bottling and packaging of milk and
milk products shall be done at the place of pasteurization in approved mechanical.
equipment.
Item l9p. Overflow Milk. - Overflow milk or milk products shall not be sold
for human consumption.
Item 20p. Ca in - Capping of milk and milk products shall be done in a
sanitary manner by approved mechanical equipment. Hand-capping is prohibited.
fihe 'eaps, .or cover, shall protect the pouring lip to at least its largest diameter.
Item 21p. personnel - Health. - The milk inspector, or a physician
afthorized by him, shall examine and take a careful morbidity history of each
per6dn connected with a pasteurization plant, or about to be employed by one,
*chose work will bring him into contact with the proaesskng, handling, storage,
or transportation of milk, milk products, oontainers, -or equipment. If such
exaAnation or history should suggest that such person may be a earrijr of
typhoid or paratyphoid fever, or any other communicable disease likely to be
transmitted through milk, he shall secure appropriate specimens of body dis-
charges and cause them to be examined 'in a laboratory approved by h1m. or by the
State health authorities for such examinations, and, if the results justify,
such persons shall be barred from such employment.
Such persons shall furnish such information, submit to such physical examina-
tions, 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 work. .
Item 23p. Vehicles. - 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. All vehicles used for the distri-
bution of milk or milk products shall have the name of the distributor prominently
displayed thereon.
bilk tonic-cars and tonic trucks shall comply with the construction, cleaning, j
bactericidal treatment, storage, and handling requirements of Items 5p, 10p, 12p, 13p.'
ill j
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14p. Stole containing milk, croam, or milk products, they shall be sealed and
labeled in an approv(jd manner. For each tank ahipment, a bill of lading containing
all necessary information alvall be proparod in triplicatu, and shall be kept on
file by the shipper, the conoignoe, and the carrior for a period of six months
for the i.nfomnation of the health officer.
SECTION g. Grades of Milk and Milk Products Which May Be Sold. - From
mnd after r the date on which this ordinance takes effect, no
milk.or milk products shall be sold to the final consumer, or to restaurants,
soda fountains, grocery stares, or similar establishments, except Grade A
pasteurized and Grade A rawt Provided, That when any milk distributor fails to
qua! fy for one of the above grades, the milk inspector is authorized to suspend
his permit, and/or to institute court action, or in lieu thereof, to degrade his
product and to permit its sale during a temporary period not exceeding 30 days,
or in smergeneies such longer periods as he may deem necessary.
SECTION 10. Reinstatement of Permit.-
Supplementary Regrading. - If, at
any time between regttlar announcements of the grades of milk or milk products, a
lower grade shall become ,justified, in accordance with Section 6, 7, or 8 of this
ordinance, the milk inspector shall immediately lower the grade of such milk or
milk products,p and shall enforce proper labeling thereof.
MW producer or distributor of milk or milk products, the grade of which
has been lowered by the milk inspector) and who is properly labeling his milk and
milk products, or whose permit has been suspended at any time may make application
j for the regrading of his products or the reinstatement of his permit.
J 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 riot more than two per week, and shall approve the application upon compliance
i with the grade requirements as determined in accordance with Section 7; 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 con-
ditions responsible for the violation have been. corrected, with final reinstatement
of permit conditional upon subsequent bacteriological or temperature findings.
j In case the lowered grade of the applicantfs product or the permit suspension
had been due to a violation of an item other than bacteriological standards or
cooling temperatures 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 reinspection of the applicantfs establish-
; went, and thereafter as many additional reinspections as he may deem necessary, to
assure himself that the applicant is again complying with the higher-grade require-
ments, and, in case the findings justify, shall regrade the milk or milk products
upward or reinstate the permit.
SECTION 11. Transferring or Dipping I-LIU; Delivery Containers- Cooling;
rantined 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
ii room especially used for that purpose. The sale of dip milk is hereby prohibited.
-16-.
i Milk and fluid-milit products sold in the distributor 's containers in
;;,quantities of one gallon or less shall be demivered in standard milk
bottles or in single service containers. It shall be unlawful for hotels,
jsoda restaurarits, groceries and similar establishments to sell or serve
any milk or fluid-milk products except in the individual, original con-
Itainer 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 approveu for such service, nor
Ito milk served at hospitals or institutions, which may be served from
I-quart containers packaged at a milk plant, nor to mixed milk drinks
'requiring less than i pint of milk, which may be poured from 1-quart
or 2-quart containers pasckaged at a milk plant.
a
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It shall be unlawful for any hotel, soda fountain, restaurant,
grocery store, hospital or similar establishment to sell or serve any
milk or milk product which has not been maintained, while in its
possession, at a temperature of '80 degrees F or lees. If containers
of milk or milk products are stored in water for co6ling, the pouring
lips bf the containers shall not be submerged.
It shall be the duty of all persons to whom milk or milk products
are delivered to clean thoroughly the containers in which such milk or
milk products are delivered before returning such containers.
The delivery of milk or milk products to, and the collection 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 12. Milk and Milk Products from Points Beyond the Limits
of Routine Inspection. T a limits of routine inspection are: The
Lounty a Z''v aa� her territory not more than twenty (20) miles
distant from the City of Jefferson City.
Milk and milk products from points beyond the limits of routine
inspection of 'the City of Jefferson City may not be sold within
Jefferson City, or its police jurisdiction, unless produced and/or
pastuarized under the provisions of this ordinance.
Any milk producer or milk distributor, at points beyond the limits
of routine inspection, may submit to the provisions of this ordinance
by requesting inspection by the milk inspector of the City of Jefferson,
Missouri, and paying for the services of such milk inspector the
following fees: For each inspection, including testing and grading,
made beyond the limits of routine inspection, the milk inspector shall
request and collect in advance from the person requesting the same a
fee of T-Nkrrrl Felt Dollars per day, or proportionate part
thereof for the proportionate part of a day, together with7'rtl
am per mile, for each mile traveled from Jefferson City to and from the
point of inspection where the dairy farm or milk plant is located; the
milk inspector shall account to the Treasurer of the City of Jefferson
City for such inspection fees and mileage fees.
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SECTION 13. Future Dairies and Milk Plants. - All dairies and milk plants
from which milk or milk products are supplied to the municipality of Jefferson City,
which are hereafter constructed, reconstructed, or extensively altered, shall
conform in their construction to the grade A requirements of this ordinance.
Properly-prepared plans for all dairies and milk plants, which are hereafter constructed,
reconstructed, or extensively 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 14. Notification of Disease. - No person with any disease in a
communicable form, or who is a carrier of such disease, shall work at any dairy II
farm or milk plant in any capacity which brings him into contact with the production, '
handling, storage, or transportation of milk, milk products, containers or equipment;
and no dairy farm or milk plant shall employ in any such capacity any such person, j
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.
II
SECTION 15. 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
: u
to require any or all of the following measures the immediate exclusion of that
Person from milk handling; (2) the immediate exclusion of the milk supply concerned
-from distribution and use; and (3) adequate medical and bacteriological examination
of the person, of his associates, and of his and their body discharges.
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SzCT w 16. Enforcement Intervretatimi, - This ordinance eihall be enforced t
by. the Milk Inspector in aecos�anee ,`it i the Interpretation# thereof contained in t
"kill Ordinance and Code - 1953 Recommendations of the Public Health Service",, a
certified copy of Vhich shall be' on file in the municipal clerk's office.
SMxCH 17- Penalty. - Any person aho shall violate any provision of this
. ordinance shall be fine no T, more than $100.00 at the discretion of the court.
Hach and every violation of the provisions of this ordinance shall constitute a
sopmke offense.
TION 10. Ante of Effect. - This ordinance shall be in full force and . .
ei'fst idiately upon its passaga and approved.
tSTION 19. Unconstitutionality Clause. Should' section
, 4 / pgPh1
entee,;Q;l,ause, or p"bx°ease ofl this ordinance be declared unconetituti.cmal or.''
r. invalid
'for"sziy. reason, the remainder of said ordinance shall not be affected theroby.
:
MAR x 1955
Pas�ia±i Approved
President of Council Mayor
ATNST s �.
r, Cltr,Clerk --- - T-
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