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HomeMy WebLinkAboutOrdinances Book 13, Page 98, No Ordinance NumberDj L. 91�/ . i MILK ORDINANCE AN ORDINANCE DEFINING ?MILK? AND CERTAIN +MILK PRODUCTS?, IMILK PRODUCER?, ?PASTEURIZATION', ETC;. PROHIBITING THE SALE OF ADULTERATED AND MISBRANDED MILK AND Pa LK PRODUCTS; REQUIRING PERMITS FOR THE SALE OF 1•i1LK AND BIILK PRODUCTS; REGULATING THE INSPECTION OF DAIRY FARMS AND MILK PLANTS, AND THE EXAi4-CNATION, GRADING, LABELING, PASTEURIZATION, DISTRIBUTION, AND SALE OF 11ILK AND NIILK PRODUCTS; PROVIDING FOR FEES FOR THE INSPECTION OF MILK AND i'+!ILK PRODUCTS; PROVIDING FOR THE CONSTRUCTION OF FUTURE DAIRIES AND P+iILK PLANTS, THE ENFORCEMENT OF THIS ORDINANCE, AND THE FIXING OF PENALTIES BE IT ORDAINED BY THE BOARD OF COST',MSSIONERS OF THE CITY OF PADUCAH, KENTUCKY, AS FOLLOWS: SECTION 1. DEFINITIONS -- The following definitions shall apply in the interpretation and the enforcement of this ordinance: A. 1,ILK -- Milk is hereby defined to be the lacteal secretion, practica free from colostrum, obtained by the complete milking of one or more healthy cows, which contains not less than 8 1/4 percent milk solids - not fat and not less than 3 1/4 percent 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. iIILKFAT -- Milkfat, or butterfat, is the fat of milk. B-1. CREAM -- Cream is a portion of milk which contains not less than 18 percent milkfat. B-2. SOUR CREA14 -- Sour cream is cream the acidity;of which is more than 0.20 percent, expressed as lactic acid. B-3. LIGHT CRM,,!, COFFEE CREAM, OR TABLE CREA,1 -- Light cream, coffee cream, or table cream, is cream which contains less than 30 percent milkfat. B-4. PIHIPPING CREAid -- Whipping cream is cream which contains not less than 30 percent milkfat. B-5. LIGH^1 WHIPPING CREW) -- Light whipping cream is whipping cream which contains less than 36 percent milkfat. B-6. Heavy CREAM, OR HEAVY WHIPPING CRE0i' -- Heavy cream, or heavy whippi: cream, is whipping cream which contains not less than 36 percent milk B-7. HALF AND HALF -- Half and Half is a product consisting of a mixture of milk and cream which contains not less than 11.5 percent milkfat. B-8. RECONSTITUTED, OR RECOIMINED, HALF AND HALF -- Reconstituted,or re- combined, half and half is a product resulting from the combination of reconstituted milk or -reconstituted skim mill: with cream or re- constituted cream, which contains not less than 11.5 percent milk -fat. Oil 13-9 UHIPPED CREA-M -- "Uhf p- � ped cream is 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. C. CONCENTRATED TALK -- Concentrated milk is a fluid product, unsterilized and unsweetened, resulting from the removal of a considerable portion of the mater from milk, :^then 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. 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 fron concentrated milk or concentrated skint milk, as the case may be, and which, :•Then recombined with grater in accordance with instructions printed on the container, conform with the definitions of the corres- ponding milk products in this section. I C-2. DRY MILK -- Dry milk is milk from which at least 95 percent of the water has been removed. D. SKIMKILK -- Skim milk is milk from which a sufficient portion of milkfat has been removed to reduce its milkfat content to less than 34 percent. D-1. NONFAT, FAT-FREE, OR DEFATTED 1QLLK -- Nonfat, fat-free, o., defatted mill: 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 concentrated skim milk and nonfat dry -milk solids. D-3 NONFAT DRY -T.7 Y. SOLIDS -- Nonfat dry -milk solids shall mean nonfat milk from which at least 95 percent of the grater has been removed. E. FLAVORED RZLK -- Flavored milk is a beverage or confection consisting of milk to which has been added a syrup or flavor made from wholesome ingredients. Etl. FLAVORED DRINK, or FLAVORED DAIRY DRINK -- Flavored drink, or flavored dairy drink, is a beverage or confwctjon consistinc of shim milk to which has been added a syrup or flavor made from r;holesorne ingredients. E-2. FLAVORED RECONSTITUTED i•SLK --- Flavored reconstituted raj ll; is a flavored milk made from reconstituted milk. E-3. FLAVORED RECONSTITUlTE1D DR.Ih-K OR FLAVORED RECO_?STITUTED DAIRY DR! 17K -- Flavored reconstituted drink, or flavored reconstituted dairy drink, is a :flavored drink Trade from reconstituted skim milk. F. BUTT l -,ILK Buttermilk is a fluid product -resulting ,'rola the churnin` of milk or cream. It contains not less than S, percent mills solids - not -fat. 100 CULTURED BUTTERiMILK -- Cultured buttermilk is a fluid product result- ing from the souring or treatment, by a lactic acid or other culture, of pasteurized skim milk or pasteurized reconstituted skim mill:. It contains not less than $w percent milk solids -not fat. F-2. QULTURED IILK -- Cultured milk is a fluid or semifluid product resulting from the souring or treatment, by a lactic acid or other culture, of pasteurized milk, pasteurized reconstituted milk, or pasteurized concentrated milk. It contains not less than $4 percent milk solids -not fat and not less than 3� percent milkfat. G. VITAMIN D MILK -- Vitamin D is the milk the vitamin D content of which has been increased by an approved method to at least 400 U -S -P- units per quart. H. R3CONSTITUTED, OR RECOMBINED IJILK -- 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 RECOI,93INED, CREAH -- Reconstituted, or recombined cream is a product which results from the combination of dry cream, butter, or milkfat, wits cream, milk, skim milk, or water, and which complies .with the milkfat standards of cream as defined herein_. H-2 RECONSTITUTED, OR RECOPIBINED, SKIN BILK -- Reconstituted, or re- combined, skim milk is a product which results from the recombining of skim -milk constituents with water, and which contains not less than $4 percent milk solids -not fat. I. COTTAGE CHEESE -- Cottage cheese is the soft uncured sheese prepared from the curd obtained by adding harmless, lactic -acid -producing bacteris, with or without enzymatic action, to pasteurized skim milk pr pasterrized reconstituted skim milk. it contains not more than 80 percent moisture. I-1 CREASED COTTAGE CHEESE -- Creamed cottage cheese is the.soft uncured cheese which is prepared by mixing cottage cheese with a pasteurized cream, or with a pasteurized mixture of cream and milk or skim milk, and which contains not less than 4 percent milkfat by weight, and not more than 80 percent moisture. J. HOI.-IOGEKIZED i•:ILK -- 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 proportionatge volw!is in containers of other sizes, does not differ by more than 10 percent o irself from the fat percentage of the remaining milk as determined after thorough mixing. The word "milk" shall be interpreted to include homogenized milk. 101 Ii. I_iilk Products Kilk products shall be taken to mean and to include cream, sour cream, half and half, reconstituted half and half, whipped cream, concentrated milk, concentrated milk products, skim milk, non- fat milk, flavored milk, flavored drink, flavored reconstituted milk, flavored reconstituted drink, buttermilk, cultured buttermilk, cultured milk, vitamin D. milk, reconstituted or -recombined milk, reconstituted ycream, reconstituted skim milk, cottage cheese, creamed cottage cheese, 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 health officer. 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 1.30 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. Ti. ADULTERATED AND MISBRANDED i•iILIi Ai\D MILK PRODUCTS -- Any milk or cream to which water has been added, or any milk or milk product which contains any unholesome 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 a grade label, unless such grade label has been awarded by the health officer and not revoked, or which fails to conform in any other respect with the statements on the label, shall be deemed to be misbranded. N. MILK PRODUCER -- A milk producer is an,,, 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. i;iILY DISTRIBUTOR -- A milk distributor is any person wino offers for sale: or sells to another any milk or milk products for human consumption as such we 0-1. PRODUCER -DISTRIBUTOR -- A producer -distributor is a milk producer i•aho is also a milk distributor. P. DAIRY, OR DAIRY FAP4�1 -- 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 mill, pro- ducts from which is sold or offered for sale. P-1 PRODUCER DAIRY -- A producer dairy is a dairy farm which sends milk or cream to a milk plant for processing. 102 P-2 I•IILK HAULER -- A milk hauler is any person, other than a railk produc or a milk -plant employee, who transports milk and/or milk products to or fron a milk plant or a collecting point. Q. !,_ilk plant -- A milk plant is any place, premises or establishment wh mill: or milk products are collected, handled, processed, stored, pasteurized, bottled, or prepared for distribution, except an establishment where railk or mills products are sold at retail only. R. HEALTH OFFICER -- The terra "health officer" shall mean the health auth of the City of Paducah, Kentucky, or his authorized representatives. S. AVERAGE BACTERIAL PLATE COUIIT, DIRECT MICROSCOPIC COUNT, AIzD COOLING TEiiPERATURE -- Average bacterial plate count and average direct micros- copic count shall be taken to mean the logarithmic average, or average reduction time, and average cooling temperature shall be taken to mean the'..• aritlimetic average, of the respective test results of 'the last four consecutive samples, taken upon separate days, irrespective o_" the 6 -month period referred to in Section 6. T. PERSON -- The mord "persona shall mean any individual, partnership, cor- poration, company, firm, trustee, or association. U. O OR -- Where the terra "and/ort' is used, "and" shall apply where possible, otherwise "or" shall apply. SECTION 2. THE SALE OF ADULTERATED, LISBRANDED, OR UNIG_RADED i-IILK OR MILK PRODUCTS PROHIBITED -- Uo person_ sjall, within the City of Paducah, Kentucky, or its police jurisdiction, produce, sell, offer or expose for sale, or have in possession with intent to sell, any milk or milk products 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 railk or milk product: PROVIDED, That in an emergency the sale of ungraded pasteurized milk or pasteurized milk products may be authorized by the health office!', upon th approval of the State health authority, in which case they shall be labeled Rungraded". Any adulterated, misbranded, and/or improperly labeled milk or milk products may be impounded by the health officer and disposed of in accordance with State law, and under the provisions of this ordinance. SECTION 3. PERIITS Ahl) INSPECTION PEES A. PERR-iITS -- It shall be unlawful for any person to bring into, send into, or receive into the City of Paducah, Kentucky, or its police jurisdiction, for sale or to sell, or offer for sale therein, or to have in storage where milk or milk products are sold or served, any mill: or mills products defined in this ordinance, who does not possess a permit from the health officer of the city of Paducah, Kentucky. 103 Every milk producer, milk hauler, mill: distributor, and operator of a milk plant shall secure a permit. Only a person who complies with the requirements of this ordinance shall be entitled to receive and retain such a permit. The permits provided for herein shall not be issued unless an inspection has been made by the Health Officer and the person who seeks such permit shall be found to be in full compliance with the provisions hereof. Permits shall not be transferable with respect to persons and/or locations. Such a permit may be temporarily suspended by the health officer upon violation by the holder of any of the terms of this ordinance, or for interference with the health officer in the performance of his duties, or may be revoked after an opportunity for a hearing by the health officer upon serious or repeated violations. B. iNSPECTION FEES - The permit provided for herein shall not be issued unless an inspection has been made by the Health Officer and inspection fees therefor paid to the City of Paducah, Kentucky, as provided by this ordinance, by the person holding or applying for said permit. Said inspection fees shall.not be construed as a tax and are deemed to be consistent with the fair and reasonable value of the services rendered and to be rendered by the Health Officer to the permit holder in the enforcement, of the provisions of this ordinance by regular inspections, tests, analysis, and all pertinent services. Said fees shall be paid monthly to the City of Paducah, Kentucky, on or before the 10th day of each month here- after, and same shall be based upon the actual net weight of all milk and milk products received or produced. The original weight sheets shall be made available to the Health Officer once each month for the determination of said fees. The owner or operator of a milk plant whose milk and milk products are sold, delivered for sale, offered for sale, given away, stored or distributed in the City of Paducah, Kentucky, shall pay an inspection fee of three cents (30) per hundred weight for all milk and milk products received or produced at said milk plant, except sweet cream purchased as such for market milk purposes, in which case the fee shall be one (10) cent per pound butterfat. Payment of the inspection fee herein provided shall entitle the owner or operator of said milk plant to regular inspections as herein pro- vided, which shall include systematic and regular inspections of the premises and equipment of all mills producers who supply milk or milk products to said milk plant for determination of Grade. The name and location of all such milk producers shall be registered with the Health Officer. All new producers shall be registered at least 7 days before milk is to be received in order that the grade may be determined. 104. The holder of a permit, when informed by the Health Officer of the breach of any of the requirements of this ordinance by a producer or producer, who supply milk or milk products to his milk plant, shall forthwith exclude such milk or milk products from his milk plant, and shall not accept same thereafter until permission so to do is received in writing from the Health Officer. The entirety of the inspection fees paid to the City of Paducah shall be used solely and exclusively for the inspections and various services rendered to the permit holder by the City of Paducah, under the terms and provisions of this ordinance, and for no other purpose whatsoever. Said fees are deemed to be and are consistent with the actual value of the services rendered to the permit holder by the City of Paducah, and no more. SECTION 4. LABELING -- All bottles, cans, packages, and other containers; enclosing milk or any milk product defined in Section 1 of this ordinance shall bei i plainly labeled or marked with (1) the name of the contents as given in the defi- nation of this ordinance; (2) the word "reconstituted" 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 rare, (6) the phrase "for pastenr- ization" if the contents are to be pasteurized; (7) the name of the producer if the contents are racy, and the identity of the plant at which the contents were pasteurized if the contents are pasteurized; 28) in the case of vitamin D mills or milk products, the designation "Vitamin Dig., the source of the vitamin D, and 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 adddd, except that this requirement shall not apply to reconsti- tuted 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, crashes, 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 misleading. . Homogenized milk or homogenized cream shall not be mixed with milk, skim milk, or cream which has not been homogenized, unless the product is labeled "homogenized" and conforms with the standards for homogenization in Section 1 (j). SECTION 5. IIISPECTION OF DAIRY FARI.;S AND KILR PLANTS -- Prior to the issuance of a permit, and at least once every three months thereafter, the health officer shall inspect all dairy farms and all milk plants whose mill: or milk predicts 105 iare intended for consumption within the City of Paducah, Kentucky, or its police jurisdiction. If the health officer should discover the violation_ of any require- ment, 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 7 of this ordinance. Any violation of the same requirements of this or- dinance on such reinspection shall call for immediate suspension of permit, and/ or court action. One copy of the inspection report shall be posted by the health officer in a conspicuous place upon the inside wall of the milk house or milk plant, and said inspection report shall not be defaced or removed by any person except the health officer. Another copy of the inspection report shall be filed with the records of the health department. Every milk producer and distributor shall, upon the request of the health offic( permit him access to all parts of the establishment; and every distributor shall furnish the health officer, upon his request, for 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 all sources of such milk and milk products, records of inspection and tests, and pasteurization time and temperature records. SECTION 6. THE EXAMINATION OF EILK AILD 14ILK PRODUCTS -- During each 3 -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 health officer; PROVIDED, That in the case of raw milk for pasteurization, the health officer may accept the test re- sults of laboratories which he has checked periodically and found satisfactory. Samples of other milk products shall be taken and examined by the health officer at least once during each 3 -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 health officer may require. All proprietors of such places shall furnish the health officer, 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, phosphatase tests, efficiency of bactericidal treatment, and other laboratory and mreening tests shall conform to the procedures in the latest edition of "Standard Methods for the Examination of Daity Products", rec- orpmended by the American Public Health Association, current at the time of adoption of this ordinance. Examinations may include such other chemical and physical de- terminations as the health officer may deem necessary for the detection of adul- teration. Bio -assays of the vitamin D content of vitamin D milk and milk products shall be made when required by the health officer in a laboratory approved by him for such examinations. lm i�-/CISY ,/-3 106 Whenever the average bacterial count, or the average reduction time, 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 health officer shall send written notice thereof to the person concerned, and shall take an additional sample, but not before the lapse of 3 days, for determining a neer average in accordance with Section 1 (S). [violation of the grade requirements bit the new average, or by any subsequent average during theremainder of the current 3 -month period, shall call I , for immediate suspension of permit, and/or court action, unless the last individual) result is within the grade limit. VIhenever more than one of the last four consecutive coliform counts of samples taken on separate days are beyond the linit for the grade then held, the health officer shall send mitten notice thereof to the person concerned. He shall then take an additional sample, but not before the lapse of 2 days. Immediate suspension 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 3 -month period by more than one of the last four consecutive samples, unless the last individual -result is within the grade limit. in case of violation of the phosphatase -test requirement, the probable cause shall be determined and currected before milk or milk products from the plant con er again can be sold as pasteurized milk or milk products. SECTION 7 - THE GRADINIG OF i•i= �- I•iILR PRODUCTS -- Grades shall be based o the following standards, the grading of milk products being identical with the grad- ing of milk, except that the bacterial -count standards shall be doubled in the caT am of cream and half and half, and shall be omitted in the case of sour cre, butte milk, cultured buttermilk, cultured milk, cottage cheese, and creamed cottage cheese. vitamin D milk shall be only of grade A pasteurized, grade B pasteur- ized, or certified pasteurized quality. The grade of a milk product shall be that of the lowest grade of milk or milk product used in its preparation. CERTIFIED i•ilLh-RAi•I -- Certified milk -raw is -raw milk which conforms with the latest requirements of the American Association of I•:edical I� ilk Conunissions in force at the time of adoption of this ordinance, and which is produced under the supervision of a medical milk commission reporting monthly to the health officer, and of the State health authority or the city or county health officer of Paducah, I:entucky. , GRADE A RAI! LILP FOR PASTEURIZATIOU -- Grade A raw milk for pasteurizatior_ is raw milk from producer dairies conforming with the following iter: of sanitation. . The bacterial plate count or the direct microscopic clump count of the mill:, as delivered from the farm, shall not exceed 200,000 per milliliter, or the methylen - blue reduction time of which is not less than 5L,: hours, or the resazu in reductio time of which to P 7/4 is not less than 2 3/4 hours, as determined in accordance with Section 0. 107 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 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 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. Said tests and retests shall be made, and any reactors disposed of, in accordance with the latest requirements approved by the Bureau of Animal Industry, United States Department of Agriculture, for tuberculosis -free, accredited herds, in effect at the time of the adoption of this ordinance. A certificate identifying each animal, signef by the veterinarian or attested to by the health officer, and filed as directed by the health officer, shall be evidence of the above test. Within 3 years after the adoption of this ordinance, all milk and milk products for pasteurization shall be from herds certified by the State Livestock Sanitary Authority as following either Plan A or Plan B approved by the BAI for the eradication of brucellosis. Evidence of this certi- fication shall be filed as directed by the health officer. All additions to the herd shall be brucellosis -free: Tests and retests shall be made, and any reactors disposed of, in accordance with the latest requirements approved by the BAI, USDA, in effect at the time of the adoption of this orfinance. A certificate identifying each animal, signed by the veterinarian and the director of the laboratory making the test, and filed as directed by the health officer, 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 health officer 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. 108 ITE,,, ?_r. i•SL1CIidG BJLItt? - LIGII^l II,G -- A milking barn, stable, or parlor shall be provided. It shall be provided with adequate lizht, properly distributed, for both day and night milking. IT'—'!, 3r. i•:ILKIi?G BAR -i.1 - AIR SPAC3 AI?D ATE-ETILATIOi? -- Such sections of the milking barn, stable, or parlor, where cons are kept or milked, shall be itell ventilated, and shall be so arran,r,•ed as to avoid overcrowding. IT11, 4r. KILIiIi?G BART? - FLOORS - Ai?IIiALS -- The floors and gutters of than portion of the barn, stable, or parlor, in which cons 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. Ho swine or foal shall be permitted in the milking barn, stable or parlor. If horses, dry cons, calves, or bulls should be stabled therein, they shall be confined in stalls, stanchoins, or pens, which shall be kept clean and in good repair. ITEi•i 5r. IIILKITIG BA??•? - WALLS AED C !LIHGS -- The interior walls and the ceilings of the milking barn, stable, or parlor shall be whitewashed or painted as often as may be necessary, or finished in an approved manner, and shall be kept clean and in good repair. Miere there is a second story above the milking barn, stable, or parlor, the ceiling shall be tight. If feed should be found or nixed, or sheet feed sho.3d 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. ITEI•I or. COIJ 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-housin-• areas, manure droppings shall be removed, or clean bedding added, at sufficiently frequent intervals to prevent the accumulation of manure on cotes' udders and flanks. Swine shall be kept out. !TEK 7r. DiAEURE DISPOSAL -- All manure shall be removed, and stored or disposed of in such manner as best to prevent the breeding of _"lies there- in and the access of cows to piles thereof. ITEI-I 8r. i-iILK HOUSE OR ROOiS - COIdSTRUCTIOI Ai?D EQUIPi Vii?^1 -- 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, con- structed 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 2 10, screened, including outward -opening self-closing doors, unless other effective means are provided to prevent the entrance of files. (e) It shall be used for no purposes other than those specified above, except as may be approved by the health officer; it shall not open directly into a milking barn or stable, nor into any room used for domestic purposes; it shall be provided with adequate facilities for heating water to clean utensils; it shall be equipped with 2-companyment, stationary, wash and rinse vats. The cleaning and other operations shall be located and conducted so as to prevent any contamination of the milk or of cleaned equipment. ITEI+'i 9r. MILK HOUSE OR ROOIJ - CLEAI3LINESS AIdD 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 elimination of flies shall be used. ITEI4 lOr. 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 inaccessible to flies, and does not pollute the surface soil nor contaminate any water supply. ITE -E llr. WATER SUPPLY -- [Nater for all dairy purposes shall be fron a supply properly located, protected, and operated, and shall be easily accessible, adequate and of a safe, sanitary quality. ITEK 12r. UTENSILS - CONSTRUCTION -- All multi -use containers, equip- ment, and other utensils used in the handling, storage, or transportation of mills 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. Moven-wire cloth shall not be used for straining milk. When milk is strained, strainer pads shall be used and shall not be re -used. 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 13r. UTENSILS - CLEAI+IING -- All Multi -use containers, equipment, and other utensils used in the handling, storage, or transportation of milk and milk products shall be thnroughly cleaned after each usage. ITEM 14r. UTENSILS - BACTERICIDAL TREAMIENT -- All multi -use containers, equipment, and other utensils used in the handling, storage, or trans- portation 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. 110 ITEI-I 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. TTEI•i 16r. UTENSILS -HANDLING -- After bactericidal treatment, containers and other milk and milk -product utensils shall be handled in such a manner as to prevent contamination of any surface with;.which mill: or milk products come in contact. ITEI-i 17,r. MILKING -UDDER and TEATS -ABNORMAL KILK -- Idilking shall be done in the milking barn, stable, or parlor. The udders and teats of all milk- ing 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 disposed of as to preclude the infection of the cows and the contamination of milk utensils. ITEI•I 1$r. MILKIIiG - FLAIIKS 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. ILKERS' HAI;DS -- Milker's 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 milkerTs hands. No person with an infected cut or lesion on hands or arms shall milk cows, or hankle milk or milk utensils. ITEM 20r. CLEA11 CLOTHING -- Milkers and milk handlers shall wear clean outer garments while milking or handling milk, milk products, containers, utensils, or equipment. ITEId 21r. I4ILK STOOLS -- I•:ilk stools and surcingles shall be kept clean. ITEi-T 22r. REIJOV"AL 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. ITEI•I 23r. COOLIIIG -- i•:ilk for pasteurization, unless delivered to a milk plant of receiving station within 2 hours after completion of milking, shall be cooled immediately to 500 F. or less and shall be maintained at t4at temperature as determined in accordane with Section 6, until delivered. ITI' __ 24-r. VZHICL�S AI;D SUMOUNDII?GS -- All vehicles used for the trans portation o." milk or milk products s -al be constructed and operated so as to protect their contents from the sun, from freezing, and from contamination. Tha immediate surroundings of the dairy shall be kept in a clean neat condition. 111 CERTIFIED A41'LK-PASTEUi2IZED -- Certified milk -pasteurized is certified milk -rata which has been pasteurized, cooled, and bottled in a milk plant which conforms with the requirements for grade A pasteurized milk. GRADE A PASTEURIZZD I•ILK -- Grade A pasteurized mills is grade A rata 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 6: PROVIDED, That the raw milk at no time between dump- ing and pasteurization, shall have a bacterial plate count or direct microscopic clump count exceeding 400,000 per milliliter, or the methylene -blue reduction time of which is not less than 4 3/4 hours or the resazurin reduction time of which to P 7/4 is not less than 212 hours. The grading of a pasteurized -milk supply shall include the inspection of receivi g and collecting stations with respect to compliance with Items 1P to 15P, inclusive, and 17P, lgp, 21p, 22p, and 23p, except that the partitioning requirements of Item 5p shall not apply. ITil., 1p. RLOORS -- 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. IT_R.1 2p. WALLS AND CEILINGS -- Halls and ceilings of rooms in which milk or milk products are handled or stored, or in which milk utensils are washed, j j shall have a smooth, washable, lightcolored surface, and shall be kept clean and in good repair. IT•I DOORS AND IIIA?DO175 -- 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. IT_ OA•I 4p LIGHTENG AA?D VENTILATIORI -- All rooms shall be well lijhted and well ventilated. ITE,; 5p. I'•IISCELLANEOUS PROTECTION FRODI COHTAIiINATIO1' -- The various milk - plant operations shall be located and conducted so as to pi^wvent any contamination of the milk, or of cleaned equipment. All necessary means shall be used for the elimination of flies, other insects, and nodents. There shall be separgie rooms for (a) the pasteurizing, processing. cooling and bottling operations, and (b) the washing and bactericidal treatment of containers. Cans of raw milk shall not be unloaded directly into the pasteurizing roam. Rooms in bhich milk, ;ilk products, cleaned i 112 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 health officer. ITon up. TOILET FACILITIES -- Every milk plant shall be provided with toilet facilities conforming with the ordinances of the City of Paducah, I , Kentucky. 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 -cloning. Toilet rooms shall be kept in a clean condition, in good repair, and well ventilated. A placard on which Section 13 in 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. ITER 7p. WATER SUPPLY -- The water supply shall be easily accessible, adequate, and of a safe, sanitary quality. ITE14 $p. HAND -MASHING 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. ITIU•: 92. SANITARY PIPING -- All piping used to conduct milk or mill; products shall be 'sanitary milk piping1P 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 N•i 10D. CONSTRUCTION APiD REPAIR OF C011TAINERS AIdD EQUIPI•111;T -- All multi- use containers and equipment with which milk or milk products come into contact shall be of smooth, inpervious, non -corrodible, non-toxic material; 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. ITZ, ll-(). 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. IT31i 12p. CLEUI1M AND BACTERICIDAL TREATI--iL+NT OF CONTAINERS AND EQUIPKENT All milk and milk -product containers and equipment, except single -service containers, shall be thoroughly cleaned after each usage. All such 113 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. ITEIA 13p. STORAGE OF CONTAINERS AND EQUIPKENT -- After bactericidal treatment, all bottles, cans, and other julti-use milk or milk -product containers and equipment shall be transported and stored in such a manner as to be protected from contamination. ITEM 14•p. 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 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 milk products has been in contact, unless the equipment has first been thoroughly cleaned and effectively subjected to an approved bactericidal process. ITEK 15p. STORAGE OR CAPS PARCiEIENT PAPER, AND SINGLE-SERITICE CONTAINERS --) Alilk-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'_plape until used; and shall be handled in a sanitary manner. ITEM 16p. PASTEURIZATION -- Pasteurization shall be performed as described in Section 1 (L) of this Ordinance. ITFM 17p. COOLIIG -- All milk and milk products received for pasteurization shall be cooled immediately in approved equipment to 501 F. or less, 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 mill; products, except those to be cultured, shall be cooled immediately in approved equipment to a temperature of 500 F. or less, and shall be maintained thereat until delivery, as determined in accordance with Section 6. ITEM; 18p. BOTTLING AND PACKAGING -- Bottling and packaging of milk and milk products shall be done aft the place of pasteurization in approved mechanical equipment. 114 ITEM 19p. OVERFLOW 14ILh -- Overflow milk or mill: products shall not be sold for human consumption. ITEI,. 20p. 6APPIEG -- Capping of milk and milk products shall be done in a sanitary manner by approved mechanical equipment. Hand -capping is prohibited. The cap, or cover, shall protect the pouring lip to at least its largest diameter. ITEP•1 21p PERSOhRdEL - HEALTH -- The hea lth officer, 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, or infected with, the organisms of typhoid or paratyphoid fever, or any other communicable disease likely to be trans- mitted through milk, he shall secure appropriate specimens of body dis- charges and cause them to be examined in a laboratory approved by him or by the State health authorities for such examinations, and, if the results justify, such person shall be barred from such employment. Such person shall furnish such information, submit to such physical examinations, and submit such laboratory specimens as the health officer may require for the purpose :of determining freedom from infection. Ido person with an infected cut or lesion on hands or arms shall handle milk, milk products, milk containers, or milk equipment. ITEK, 22p. PERSOMIEL - 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. I^lEM 23D VEHICLES -- All vehicles used for the transportation of milk or mill; products shall be constructed and operated so as to protect their contents from the sun, from freezing, and from co ntamination. All vehicles used for the distribution of milk or milk products shall have the name of the distributor prominently displayed thereon. Kilk tank -cars and tank -trucks shall comply with the construction, clean- ing, bactericidal treatment, storage, and handling requirements of Items 5p, 10P, 12p, 13p and 14p. ?lhile containing milk, cream, or milk products, they shall be scaled 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 health officer. SSCTION 8. GRADES OF LILK AND 1$ILK PRODUCTS 'UHIC11 1. -AY BE SOLD -- !rom and after 12 months from the date on which this ordinance takes effect, no milk or milk Products shall be sold to the final consumer, or to restaurants, soda fountains, grocery stores, or similar establishments, except certified pasteurized and grade A pasteurized: PROVIDED, That when any milk distributor fails to qualify for one of the above grades, the health officer is authorized to suspend his permit, and/or to institute court action. SECTION 9. REINSTATE1.-ENT OF PER -!IT -- Any producer or distributor of .milk or mi: products whose permit has been suspended at any time may make application for the reinstatement of his permit. Upon receipt of a satisfactory application for reinstatement of permit based on correction of a violation of any bacteriological or cooling -temperature standard, the health officer shall take further samples at the rate of not more than two per week, and shall approve the application upon compliance with the grade requirements as determined in accordance with Section 6: PROVIDED, That if samples are not available because of suspension of permit to operate, or for other reasons, the health officer 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 reinstatement of permit conditional upon subsequent bacteriological or temperature findings. In case 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 48 hours of the receipt of such an application and statement, the health officer shall make a reinspection of the applicant's establishment, and thereafter as many additional reinspections as he may deem necessary, to assure himself that the applicant is again complying with the requirements, and, in case the findings justify, shall reinstate the permit. SECTION., 10. TRANSFERRING OR DIPPING MILK: DELIVERY CONTAITdERS^ COOLING• UARA11- TINED RESIDENCES -- Except as permitted in this section, no milk producer or dis- tributor shall transfer milk ar milk products from one container to another on the street, or in any vehicle or store, or in any place except a bottling or mill: room especially used for that purpose. The sale of dip milk, is hereby prohibited. Islilk and fluid -milk products sold in the distributor's containers in quantities of one gallon or less shall be delivered in standard mill: bottles or in single -service containers. It shall be unlawful for hotels, soda fountains, restaurants, groceries and similar establishments to sell or serve any milk or fluid-railk 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 115 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 mill: served at hospitals and institutions, which may be served from 1 -quart containers packaged at a milk plant, nor to mixed milk drinks requiring less than 1 -pint of milk, which may be poured from 1 -quart or 2 -quart containers packaged at a milk plant. It shall be unlawful for any hotel, soda fountain, restaurant, grocery 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 500 F. or less. If containers of milk or milk nroduets are stored in water for cooling, the pouring lips of 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 product. -containers from, residences in which cases of. -'communicable disease transmissible through milk supplies exist, shall be subject to the special requirements of the health officer. SEC^1ION 11. PaLK AHD MILK PRODUCTS FROi•I POIivTS BEYOND THE L -TI I T S OF ROUTIME INSPECTION -- i -:ilk and milk products from points beyond the limits of routine inspection of the City of Paducah, Kentucky, may not be sold in the city of Paducah, Kentucky;. or its police jurisdiction, unless produced and/or pasteur- ized under provisions which are substantially equivalent to the requirements of this ordinance, and which are enforced with equal effectiveness, as determined by a milk -sanitation rating. SECTIO:' 12. FUTURE DAIRIES A D i.iILK PLANTS -- All dairies and milk plants from which milk or milk products are supplied to the City of Paducah, Kentucky, 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 health officer for approval before work is begun. In the case of milk plants, signed approval shall be obtained from the health officer and/or the State health authority. SECTIO:: 13, NOTIFICATION, OF DISEASE -- AIo person with any disease in a cormnunicable form, or who is a carrier of such disease, shall work at any dairy farm or milk plant in any capacity which brings him into contact with the pro- duction, handlin,, stora3e, or transportation of milk, mill: 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 o2 bein a carrier of aituh disease. Any producer or distributor of milk or milk products upon whose dairy farm, or in whose milk plant, any ccimrunicablra 117 disease occurs, or who suspects that any employee has contracted any disease in a com unicable form or has been a carrier of such disease, shall notify the health officer immediately. SECTION 14. PROCEDURE WHEN INFECTION IS SUSPECTED -- Mien reasonable cause to suspect the possibility of transmission of infection from any person concerned with the handling of milk or milk products, the health officer 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 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. SECTIOii 15. EHDORCM=-NT INTERPRETATION -- This ordinance shall be wr orced by tl health officer in accordance with the interpretation thereof contained in iiILK ORDINANCE AND CODE -- 1953 RECOIZIMMATIONS OF THE PUBLIC HEALTH SERVICE, a certified copy of which shall be on file in the city glerk?s office. SECTION 16. PENALTY -- Any person who shall violate any provision of this ordinance shall be fined not less than :110.00 and not more than 51100.00, at the discretion of the court. Each and every violation of the provisions of this ordinance shall constitute a separate offense. SECTION 17. CONFISCATION AND DESTRUCTION OF NOid-COffFORLIII,;G PRODUCTS -- IMilk or milk products, as defined in this ordinance, brought into or received into the city of Paducah, Kentucky, or its police jurisdiction, for sale, or to sell, or offered for sale therein, or to have in storage where milk or mills products are sold or serviced, which do not conform to the requirements of this ordinance may, upon order of the health officer of the City of Paducah, Kentucky, be donfiscated and destroyed. SECTION 1$. SEPARABILITY PROVISION -- If any section, paragraph or provision c this ordinance shall be found to be inoperative, ineffective or invalid for any cause, the deficiency or invalidity of such section, paragraph or provision shall not affect any other section, paragraph or provision hereof, it being the purpose and intention of this ordinance to make each and every section, paragraph and provision hereof separable from all other sections, paragraphs and provisions. SECTIOII 19. REPEAL AND DATE OF EFFECT -- All ordinances and parts of ordinances in conflict with this ordinance are hereby repealed; and this ordinance shall he in full force and effect immediately upon its adoption. ;ayor Passed by the Board of Commissioners May 11, 1954 Recorded by Sarah Thurman, City Clerk, May 11, 1954. s