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HomeMy WebLinkAboutOrdinances Book 8, Page 509, No Ordinance Number0 No. 509 AN ORDINANCE DEFINING "IIILK" AND CERTAIN "A.ILK PRODUCTS," "MILK PRODUCER, PASTEURIZATION," ETC., PROHIBITING THE SnLE OF ADULTERATED AND MISBRANDED MILK AND14ILK PRODUCTS, REQUIRING PERMITS FOR THE SALE OF MILK AND MILK PRODUCTS, REGULATING THE INSPECTION OF DAIRY FAR1.iS, i, Id ILK PLANTS, THE TESTING, GRADING, LABELING, PLACARDING, PASTEURIZA- TION, REGRADING, DISTRIBUTION, SALE AND DENATURING OF MILK AND MILK PRODUCTS, PROVIDING FOR THE PUBLISHING OF MILK GRADES, THE CONSTRUC- TION OF FUTURE DAIRIES AND MILK PLANTS, THE ENFORCEi.1ENT OF THIS ORDINANCE, AND THE FIXING OF PENALTIES. BE IT ORDAINED BY THE COUNCIL OF THE CITY OF YADUCAH, KY., AS FOLLOWS: SECTION 1. Definitions.-- The following definitions shall) apply in the interpretation and enforcement of this ordinance: MILK.(A). Milk is hereby defined to be the whole, fresh, clean, lacteal secretion obtained by the complete milking of one or more healthy cows, properly fed and kept, excluding that obtained within fifteen days before and five days after calving, or such longer period as may be necessary to render the milk practically colostrum free; which contains not less than eight and one-half per cent (820) of solids not fat and not less than three and one- fourth per cent (34) of milk fat. I MILK FAT OR BUTTER FAT.- (B) Milk fat or butter fat is the' i fat of milk and has a Reichert -Meissel number of not less than tweet - four (24) and a specific gravity of not less than 0.905 (40 degrees C./ 40 degrees C.) CREAM.- (C) Cream, sweet cream, is that portion of milk, rich in milk fat, which rises to the surface of milk on standing or is separated from it by centrifugal force, is fresh and clean, and which I i contains not less than eighteen per cent (180) of mills fat shall be i known as substandard cream. Cream having less than thirty per cent (304) IJilk fat shall be known as light cream. i Cream having more than thirty per cent (30`o) and less than forty per cent (404) milk fat shall be known as heavy cream, and cream having more than forty per cent (40`,x) milk fat shall be known as extra heavy cream. Whipping cream and manufacturing cream are creams intended for whipping or manufacturing, purposes, and the grades of same shall: not be based on bacterial count. SKIMMED MILK.- (D) Skimmed milk is milk from which substantial- r. ly all the milk fat has been removed. ADJUSTED M.iILK.- (E) Adjusted milk is milk in which the percen- tage of milk fat has been adjusted by the addition or removal of cream of (skimmed milk. II, BUTTERMILK.- (F) Buttermilk is the product which remains when �I l'milk fat is removed from milk or cream, sweet or sour, in the process of h churning. It contains not less than eight and five tenths(8.5%) of milk solids not fat. i CULTURED BUTTERP,SILK.- (G) Cultured buttermilk is the product resulting from the souring or treatment by a lactic acid culture of milk or milk products. EVAPORaTFD MILK (UNS7EETENED).- (H) Evaporated milk(unsweeten- led) is milk from which a considerable portion of water has been evaporated and which contains not less than twenty-five and five -tenths per cent(25.5) of milk solids and not less than seven and eight -tenths per cent (7.8%) milk fat. i CONDENSED I4ILK ( S1,7EETENED).- (I). Condensed milk (sweetened) is milk from which considerable portion of water has been evaporated, to ,.,:Eich sugar has been added, and which contains not less than twenty-eight per cent (280) of milk solids and not less than eight per cent (8f) milk fat, C014DENSED SKIMMIED MILK.- (J) Condensed skimmed milk is skimmed milk from which a considerable portion of water has beenevaporate, and which contains not less than twenty per cent (200) of milk solids. PO!"lDERED (DRIED) V., -HOLE MILK.- (K) Powdered whole milk is milk :from which substantially all of the water has been removed, and which con- tains not less than twenty-six per cent (26°0) of milk fat and not more than five per cent (5%) of moisture. P0111DERED (DRIED) SKIM14ED MILK.- (L) Powdered skimmed milk is (skimmed milk from which substantially all of the water has been removed, and which contains not more than five per cent (50) of moisture. RECGb7BINED MILK.- (I+i) Recombined milk is a substance produced by recombining powdered whole milk, powdered skimmed milk, condensed or evaporated whole milk, or skimmed milk, and milk fat, with water, and shall ,conform in milk fat percentage and bacterial counts to the provisions of this ordinance relating to milk. Is MILK PRODUCTS.- (N) Milk products shall oe taken to mean and include cream, skimmed, milk, adjusted milk, buttermilk, cultured butter- milk, evaporated milk ( unsweetened), condensed milk (sweetened), con- densed skimmed milk, powdered whole milk, powdered skimmed milk, and re- icombined milk. PASTEURIZATION. -(0) The terms "pasteurization", "pasteurized"I apd similar terms shall be taken to refer to the process of heating 11 milk or milk products to a temperature of not less than one hundred and forty-two degrees (142 degrees) Fahrenheit, and holding at such temperature for not less than thirty (30) minutes, in pasteurization apparatus approved by.the health officer, the temperature and time being automatically recorded by a temperature and time recording devise approved by the health officer. ADULTERATED i::ILK -_ND I,iILK PRODUCTS.- (P) Adulterated milk and milk products are milk and milk products defined in this ordinance which do not conform with the definitions contained in this ordinance. MILK PRODUCER -1A milk producer is any person, firm or i corporation who owns or controls one or more cows, a part or all of the milk from which is for sale, or sold or delivered to another persoh, firm or corporation. MILK DISTRIBUTOR. -(R) A milk distributor is any person, firm, or corporation which has in possession, offers for sale, sells or delivers to another, any milk or milk products for consumption or manufacturing purposes. DAIRY OR DAIRY FARI+1.- (S) A dairy farm is any place or premises where one or more cows are kept, a part all or of the milk or milk products from w:nich is sold or delivered to any person, firm or cor- poration i PJILK PLaNT.-(T) A milk plant is any place, or premises or establishment where milk or milk products are collected, handled, processed, stored, bottled, pasteurized, or prepared for distribution. HEALTH OFFICER.- (U) The health officer shall be 'taken to I mean the Health Officer of the City of Paducah in person, or his authorized representative. AVERAGE BACTERIAL COUNT.- Average bacterial count shall be taken to mean the average bacterial count of all samples taken,during the grading period, including at least four samples taken upon separate days. GRADING PERIOD.- (W) The grading period shall be such period of time as the Health Officer may designate, within which grades !I shall be determined for all milk and cream supplies, provided that the grading period shall in no case exceed six (6) months, DISINFECTANT.- (X) A disinfectant is any germicidal substance, approved by the Health Officer. i I SECTION 2. THE SALE OF ADULTERATED OR MISBRANDED MILK OR I-IILK PRODUCTS PROHIBITED.- No person, firm, association, or corporation shall n within the city of Paducah produce, sell., offer or expose for sale, or have in possession with intent to sell, any milk or milk product which is adulterated or misbranded. - SECTION 3. PERP.IITS.- It shall be unlawful for any person, firm, association or corporation to bring into or receive into the City of Paducah, for sale, or to sell or offer for sale therein, or to have on hand any milts or milk product, excepting evaporated milk, condensed milk, condensed skimmed milk, powdered whole milk and powdered skimmed milk, I who does not possess an unrevoked permit from the Health Officer of the City of Paducah, and on whose vehicles or in whose place of business there does not appear in a conspicuous place a placard showing the permit number in figures at least three inches high and one and one-half inches wide. Such a permit may be revoked by the Health Officer upon viola- tion by the holder of any of the terms of this or any ot%!er health ordi- ranee of the City of Paducah, provided that the holder of said permit shall, after complying with such revocation, have the right of appeal to the Board of Health. SECTION 4. LABELING AND PLACARDING.- All bottles, cans, packages, and other containers enclosing milk or any milk product defined' in this ordinance shall be plainly labeled or marked with (1) the name of the contents as given in the definitions in this ordinance; (2) the grade of the contents if said contents are graded under the provisions of this ordinance; (3) the word "pasteurized" if the contents have been I pasteurized; (4) the word "raw" if the contents are raw; (5) the percentage of milk fat if the package or other container encloses adjusted milk. Every grocery store, restaurant, cafe, soda fountain or similar establishment selling or serving milk shall display in a place designated by the Health Officer, a card furnished by the Health Officer, stating the grade of the milk at the time when delivered and whether same is raw or pasteurized. i SECTION 5. INSPECTION OF DaIRY FAR1.1S AND CALK PLANTS FOR THEA PURPOSE OF GRADING OR REGRADING.- At least once during each grading period the Health Officer shall inspect every dairy farm producing milk I' or cream for consumption within the City of Paducah, and all milk plants whose milk or cream is intended for consumption within the City of Paducah. In case the Health Officer discovers the violation of any item jof sanitation, he shall made a second inspection after a lapse of such time as he deems necessary for the defect to be remedied but not before No. 513. the lapse of three days, and the second inspection shall be used in determining the grade of milk or cream. One copy of the inspection report shall be posted by the Health Officer in a conspicuous place upon an inside wall of one of I the dairy farm or milk plant buildings, and said inspection report shall not be removed by any other person except the Health Officer. Another copy of the inspection report shall be filed with the records of the health department. In addition, a written notice shall be mailed to or left with the owner or manager in the case of violations. SECTION 6. THE TESTING OF MILK r.ND t:ILK PRODUCTS.- During each grading period at least four samples of milk or cream from each dairy farm and each milk plant shall be tested by the Health Officer. Samples of milk and cream from stores, cafes, soda fountains, restau- rants and other places where milk products are sold shall be tested as often as the Health Officer may require. Said tests shall include the determination of the bacterial count made in conformity with the standard methods recommended by the American Public Health Associatio , ii and may include such other chemical and physical determinations as the Health Officer may deem necessary for the detection of adulteratio n. Notices of bacterial counts shall be given to the producer or dis- tributor concerned as soon as made, or to any interested person on request. Samples may be taken by the Health Officer at any time prior) to the final delivery of the milk or milk products. All stores, cafes), I restaurants, soda fountains, and other similar places shall furnish the Health Officer upon his request, the name of the milk distributor from whom their milk is obtained. Should the market value of any single sample exceed twenty-five I cents the city of Paducah, shall pay the distributor therefor. SECTION 7. THE GRjLUING OF IdILK AND CREAMa.- At least once )every six (6) months the Health Officer shall .announce through the (daily press the grades of all milk and cream supplies delivered by ally producers or distributors and ultimately consumed within the City of Paducah. Said grades shall be based upon the following standards: The grading of cream identical with the grading of milk except that the permissable bacterial limits shall be multiplied five fold in each case. I + CERTIFIL+D ISILK: i Certified milk is milk which conforms with the re- quirements established and published by the State Board of Health in ithe State of Kentucky, relating to the production and grading of milk i las herein defined. No. 514. GRADE "A" RAL! I:iILK: Grade "A" raw milk is milk whose average bacterial count as determined under Section 6 of the ordinance does not exceed 50,000 ii I. per cubic centimeter, and which is produced upon dairy farms conforming erith all the following items of sanitation: COWS: TUBERCULOSIS AND OTHPR DISEASES.- (1) A physical ex- amination and tuberculin test of all cows shall be made before any milk i therefrom is sold and at least once every twelve months thereafter by a i; veterinarian approved by the health Officer. A certificate signed by the i veterinarian, and filed with the Health Officer, shall be the only valid i evidence of the above test. Every diseased animal shall be removed from the herd at once and no milk from diseased cows shall be offered for sale. I All reacting animals shall be isolated at once and immediately excluded from the premises. all animals failing to pass the tuberculin test shall be branded with the letters "T" or "T.B" on the shoulder, hip, oil jaw and removed at once and slaughtered under the direction of the Health Officer. Each letter in the brand shall be not less than two inches high and one and one-half inches wide. herds showing reactors on any test shall be retested within six months, but no, before the lapse of sixty days. DAIRY BARNS.:: (2) LIGHTING: All dairy barns shall have at least i three square feet of window space for each animal. 1 � �! (3) AIR SPACE: All dairy barns shall have at least five hundred (500) cubic feet of air space per cow. (4) FLOOR: Floors and gutters of all dairy barns shall be constructed of concrete or other impervious or easily cleaned material approved by the Health Officer and shall be graded to drain properly, and I; shall be kept clean and in good repair. (5) VdALLS AND CEILINGS: The walls and ceilings of all dairy i barns shall be whitewashed once each year and painted once every two years, or finished in a manner approved by the Health Officer, and shall,be kept clean and in good repair. In case hay or other feed stuffs are stored above the barn, the ceiling shall be tight. (6) COPT YARD: All cow yards shall be graded and drained as well as practicable, and kept clean. (7) MAPURE DISPOSAL: All manure shall be removed and stored or disposed of in such manner -as best to prevent the breeding of flies therein. (8). BILK HOUSE OR ROOIfi: CONST-,UCTION: There shall be provided a separate milk house or milk room for the handling and storage of milk, provided with a tight floor constructed of cement or other impervious material and graded to provide proper drainage. The walls and ceilings of the milk house or room shall be of such construction as to permit easy cleaning* and shall be painted at least once each year or finished in a manner approved by the Health Officer. The milk house or room shall be well lighted and all openings effectively screened to prevent the i entrance of flies, and shall be used for no other purpose than the handling and storage of milk or milk products and other operations j� incident thereto. The cleaning and other operations shall be so located and conducted as to prevent contamination one to the other. 'The milk room shall riot open directly into the barn or into any room jI used for sleeping or domestic purposes. I (9). CLEANLINESS AND FLIES: The floors, walls, ceilings and equipment of the milk house or room shall be kept clean at all times. All means necessary for the elimination of flies shall be used. (10) '"TOILET: Every dairy form shall be provided with a sanitary toilet constructed and operated in accordance with the ordinances of the City of Paducah. - ('ll)" '.'TATER SUPPLY: The i -nater supply shall be easily accessible adequate and of'a safe sanitary quality. UTENSILS.- (12) 'CON:gHUCTION: All containers or utensils use in the handling or storage of milk or milk products must be of such d construction as to be easily cleaned and must be in'good repair. Joints and'seams shall be soldered flush. All milk pails shall be of a narrow mouth design approved by the Health Officer. (13) CLEANING: All containers and other utensils used in the handling and storing or transportation"of milk and milk products muetl be thoroughly•cleaned by rinsing with clean water after each usage, scrubbing in an alkaline solution, and rinsing with clean water. (14) STERILIZATION: All containers and other utensils used in the handling, storage or transportation of milic or milk products shall'betwesn'each usage be sterilized with steam. II (15) STORAGE: ''All containers and other utensils used in the handling, storing or "transportation of milk or milk products shall i be stored so as not to become contaminated until again used. i (16) HANDLING: After sterilization no container or other mill: or.milk product utensil shall be handled in such a manner as to permit i any part of the person or clothing to come in contact with any surface with which milk or milk products come in contact. 9IP,HING.- (17) Udders and teats: The udders and teats of all milking cows shall be clean and sponged with a disinfectant immediately I before milking. I, (18) FLANKS: The flanks of all milking cows shall be kept free from visible dirt at the time of milking. (19) MILKERS1 HANDS: Milkers' hands shall be clean, rinsed with a disinfectant and dried with a clean towel immediately before Milking. Should the milking operation be interrupted, the milkers, No. 516. hands must be re -disinfected. Wet hand milking.is prohibited. (20) CLEAN CLOTHING: Milkers shall wear clew -outer garments during milking. (21). MILK STOOLS: Milk stools shall be kept clean. (22) REKOVAL OF 1,=K: Each pail of milk shall be removed immediate- ly to the milk house. No milk shall be strained in the dairy barn. (23) COOLING: Milk must be cooled within one hour after milking to 50 degrees Fahrenheit or less and maintained at or below that tempera -1 ture until delivery, unless it is delivered to a milk plant for pasteuriza- tion or separation, in which case it must be cooled or pasteurized within two hours of the time of production. (24) BOTTLING AND CAPPING: Capping shall preferably be.done by machine. In case capping is done by hand, the hands shall be disinfected in a manner approved by the Health Officer before the process of capping is begun and after each interruption: Caps not purchased in sanitary containers and kept therein until used shall be kept in dustproof con- tainers and shall be immersed in an approved disinfectant solution immediately before use. PERSONNEL.- (25) HEALTH CERTIFICATES: Every person whose .,iork brings him or her in regular contact with the production, handling, storage, or transportation of milk or milk products shall.hold,a certificate from the Health Officer certifying to the fact that within twelve months laboratory and other examinations have been made indicating that said person is free of tuberculosis, that said person is nota carrier of typhoid fever, and that said person is free of.any disease capable of being spread through milk supplies. (26) NOTIFICATION OF DISEASE: Notice shall be sent to the Health Officer within tti-✓enty-four hours by any milk producer or distributor upon chose dairy farm any case of sickness or any infectious, contagious or communicable disease occurs. GRADE "B" RAPI MILK: Grade "B" raw milk is milk the average bacterial count of which at no time prior to delivery exceeds 200,000 per cubic centimeter, and which is produced upon dairy farms conforming with all the items of sanitation required for Grade "A" raw milk except (2), (3), (5), or (6), provided that cleanliness of the barn and cow yard shall in no case be ogimitted. Item (23) shall apply except that cooling temperature shall be changed to sixty (60) degrees Fahrenheit. Item (14) shall apply except that boiling water may be substituted for steam. No. 517. GRADE "C" RAW TAILK: Grade "C" raw milk is milk the average bacterial count of which Iat no time prior to delivery exceeds 1,000,000 per cubic centimeter, and which is produced upon dairy farms conforming with all the items IIof sanitation required for Grade "B" raw milk, except (23) or (25), provided that cleanliness shall in no case be omitted. GRADE "D" RAW MILK - Grade "D" raw milk is milk which does not meet the requiremen s of Grade "C" raw milk, and the average bacterial count of which does not exceed 5,000,000. GRAD; "A" PASTEURIZED MILK: Grade "A° pasteurized milk is a Grade "A" or grade "B" raw I milk which has been pasteurized, cooled, and bottled in a milk plant conforming with all of the following items of sanitation and the average bacterial count of which at no time after pasteurization and until delivery exceeds 50,000. BUILDINGS 1iND EQUIP-iiENT. (1) FLOORS. The floors of all roo s in which milk is handled shall be smooth, impervious, properly drained and provided with trapped drains and kept clean. (2) WALLS AND CEILINGS: Walls and ceilings of rooms in which milk is handled or stored shall be frequently painted with a light colored paint of finished in a manner approved by the Health Officer, and kept clean. (3) DOORS AND WINDO.VS: All openings into the outer air shall be effectively screened to prevent the access of flies, Doors shall be self-closing. I' i(4) LIGHTING AND VENTILATION: All rooms shall be well lighted and ventilated. (5) PROTECTION FROM CONTARiIN';TION AND FLIES: The vaaious i milkplant operations shall be so located and conducted as to prevent liany contamination one to the other. All means necessary for elimina-I tion of flies shall be used. (6) TOILET FACILITIES: Every milk plant shall be provided with toilet facilities conforming with the ordinances of the City of; Paducah. There shall be at least one room or vestibule not used fori milk purposes between the toilet room and any room in which milk or milk products are handled. The doors of all toilet rooms shall be self-closing. Toilet rooms shall be kept V. a clean condition, in good repair, and well ventilated. In case privies or earth closets I are permitted and used, they shall be located at least 100 feet from the building, and shall be of a sanitaru, type constructed and operated In conformity with the ordinances of theCityof Paducah. No. 518. (7) WATER SUPPLY: The water supply shall be easily accessible, adequate and of a safe sanitary quality. (8) WASH ROOM: A %,;ash room shall be provided, equipped -with hot running water, soap, and sanitary towels of a type approved by the Health Officer. The use of a common towel is prohibited. (9) 14ILK PIPING: Only "sanitary milk piping" of a type which r can be easily cleaned with a brush shall be used. (10) CONSTRUCTION OF EQUIPMENT: All equipment with which milk comes in contact shall be constructed in such manner as to be easily cleaned. (11) DISPOSAL OF ';9.'.STES. All wastes shall be disposed of in conformity with the requirements of the Health Officer. METHODS.- (12) CLEANING A3dD STERILIZING OF CONT,:INERS AND APPARATUS: All milk containers and milk apparatus shall be thoroughly cleaned after each usage by rinsing with clean water, then scrubbing in an alkaline solution, then rinsing with clean vrater, and finally steriliz- ed in a manner approved by the Health Officer. II (13) STORAGE OF CONTAINERS: After sterilization all bottles, cans, and other containers shall be stored in an inverted position in a clean place protected from contamination. (14) HANDLING OF CONTaINIRS AND _.PPARATUS: Between sterilization I and usage all containers and apparatus shall be handled in such manner as j to prevent any part of the person am clothing from coming in contact with! any surface with which milk or milk products come in contact. I (15) Storage of cans: Milk bottle caps shall be purchased and stored only in sanitary tubes and shall be kept therein until used. (16) PASTEURIZATION: Pasteurization shall be performed as i described in the definition section of this ordinance. The time and temperature record charts shall be preserved for a period of three months i V cpfd the information of the Health Officer. j I (17) COOLING: All milk not pasteurized upon receipt shall be immediately cooled to a temperature of 50 degrees Farhenheit or less i and maintained thereat until pasteurized, and all pasteurized milk i shall be immediately cooled to a temperature of 50 degrees Farhenheit or less and maintained thereat until delivery. (18)BOTTLING: Bottling shall be done in such a manner as to prevent any part of the person or clothing from coming in contact with any surface with which milk or milk products come in contact. (19) OVERFLOVIMILK: Overflow milk which has become machine I contaminated shall not be sold for human consumption. No. 519. (20) CAPPING: Capping shall be done by machinery approved by the Health Officer. Hand capping is prohibited. (21) TIME OF DELIVhRY: Milk to be consumed in the form of whole milk shall be delivered to the final consumer within thirty-si hours of the time of pasteurization. PERSONNEL.- (22) Every person venose work brings him or her �I in contact with the production, handling, storage, or transportatior. of milk or milk products shall hold a certificate from the Health Officer certifying to the fact that within twelve months laboratory �I and other examin:�tions have been made indicating that said person is free Of tuberculosis, that said person is not a carrier of typhoi fever, and that said person is free of any disease capable of being Spread through milk supplies. (23) NOTIFICATION OF DISE[aSES: Notice shall be sent to the Health Officer within twenty-four hours by any milk producer or distributor upon whose dairy farms any case of sickness or any ii infections, contagious, or communicable disease occurs. (24) CLEANLINESS: All persons coming in contact with milk or milk products containers or equipment, shall wear clean outer I garments and shall keen their hands clean at all times whale thus engaged. GRADE "B" PASTEURIZED],iILK: GRADE "B" pasteurized milk is Grad "A", "B", or "C" raw milk which has been pasteurized, cooled and bottled in a milk plant i conforming with all the items of sanitation required for -Grade "A" pasteurized milk excepting (2), (4), or (24), and the average bacterial count of which at no time after pasteurization and prior to delivery exceeds 100,000. GRADE "C" PASTEURIZED SILK: Grade "C" pasteurized milk is pasteurized milk which does nqt meet the requirements of Grade "B" pasteurized milk, and the aberage bacterial count of which is no time prior to delivery exceeds 500,000 per cubic centimeter. Grade "C" pasteurized milk shall be sold for cooking and manufacturing purposes only and every container thereof shall be marked with the words, "For cooking and manufacturing purposes only." i SECTION B.- GRABE9 OF RAVI tIILK ',7HICH T1UST BE PASTEURIZED— At the expiration of twelve months from the date on which I this ordinance takes effect, and thereafter all grades of mills except "Certified" and Grade "A" shall be pasteurized before delivery to the consumer. No. 520. SECTION 9. SUPPLEIGENTARY REGRADING.- At any time between regular I announcements of milk grades any producer or distributor may make appli- cation for regrading his product. ` I In case the applicant's existing low grade is due to excessive bacterial count, said applicant must be supported by at least two i bacgeriological examinations made subsequent to the end of the previous i grading period and indicating, that the quality of the applicant's output has improved since the last grading announcement and conforms with the requirements of a higher grade. The samples upon which the said two analysis are rpade may be brought to the Health Department laboratory by the applicant. Upon receipt of a satisfactory application, the Health Officer shall make at least four bacterological analysis upon samples, collected by the Health Officer of the applicant's output within a period of not less than two weeks and not more than three weeks of the date of the application. The Health Officer shall award a higher grade immediately in case the said four analysis indicate the necessary quality. In case the applicant's existing low grade is due to a violation of an item of sanitation other than bacterial count, said application must be accompanied by a statement signed by the applicant to the effect that the violated item of sanitation has been conformed with. 'Nithin one week of the receipt of such application the Health Officer shall make a re -inspection of the applicant's establishment and, in case the findings) ,justify, shall award a regrade. At any time between regular announcements of milk grades the Health Officer may lower the grade of any milk producer or distributor if as a result of inspections or milk analysis a lower grade shall be justified in accordance ,with the terms of this ordinpnce. j SECTION 10. TRANSFERRING OR DIPPING MILK.- No milk producer or distributor shall transfer milk or milk products from one container i to another upon the street or in any vehicle or store or in any place except a bottling or milk room especial used for that purpose, except as may be specially permitted by the Health Officer in the case of milk i being delivered in bulk. The sale of dip milk is hereby expressly prohibited. It shall be unlawful for hotels, soda fountains, restaurants; and similar establishments to sell or serve any whole milk on adjusted milk except in the original container in which it was received from the producer or distributor. SECTION 11. I+iILK NOT TO BE PASTEURIZED OU'T'SIDE OF 1,1CCReCKEN COUNTY. No milk or cream shall be sold in the City of Paducah that has been pasteurized outside the county of i.IcCracken, Kentucky, except as may be authorized by the City Health Officer. No. 521. SECTION 12. SPITTING.- No person shall spit, except into I a receptable provided for the purpose, in any part of any room, vehicle or other place used for the sale, storage, handling, or transportation of milk. SECTION 13.- VEHICLES.- All vehicles used for the deliver of milk in the City of Paducah shall be so constructed as to protect the milk from the sun and from contamination. Such vehicles shall be kept clean while used in transporting milk or milk products. No !: substance capable of contaminating milk or milk products shall be j transported with milk or milk products. SECTION 14.- DEi,,ATURING I,iISBMiNDED PRODJCTS.- The Health i Officer shall immediately denature with rennet or some harmless color ing matter any milk or milk product found misbranded with respect to grading or sold without a permit. SECTION 15. REPASTEURIZATION PROHIBITED.- No milk or 'I milk products shall be pasteurized more than once. SECTION 16.- FUTURE DAIRIES AND 1.71LK PLANTS.- All dairies and milk plants from which milk is supplied to the City of Paducah, which are hereafter constructed, shall conform in their construction to the requirements of the Healtn Officer. SECTION 17. PROSCRIBED I.TILK.- Milk which does not conform with any one of the grades described in this ordinance shall not be 1 sold in the City of Paducah. SECTION 18. PENALTY.- Any person, firm or corporation violating any of the provisions of this Ordinance, shall be guilty of a misdemeanor, and subject to a fine of not less than 435.00 nor more than 5}50.00 for each offense; and each sale shall constitute a separate offense. SECTION 19. REPEAL AND DxTE OF EFFECT.- All ordinances and parts of ordinances in conflict with this ordinance are hereby repealed; and this ordinance shall be in full force and effect immediately upon its adoption and its publication, as provided by law. SECTION 20.- UNCONSTITUTIONALITY CLAUSE.- Should any section, i paragraph, sentence, clause, or phrase of this ordinance be declared i unconstitutional or invalid for any reason, the remainder of said ordinance shall not be affected thereby. Eaeh and every violation of the provisions of this ordinance shall constitute a separate offense., A PROPOSED -0,;r1dTaQrtv'P TO THA; PROPOSED SILK ORDINANCE FOR TIIE CITY OF P;ICUCAH GOVERNING THE Iii NUFkiG TUNE BIND SALE OF COUNTRY OR BUTTER kND COTTAGE CHEESE. SECTION 1. Grade "A" country or raw butter. All country I or raw butter sold as an edible or table product for human food in the City of Paducah, County of BicCracken, State of Kentucky shall conform to the following items: (1) All cows from vrr.ich milk or cream is used for the manufact{zre of this butter must have been recently tuberculin tested. (2) This butter shall contain not less than BOj1' butterfat, I not more than 16% moisture, 3 to 4,o salt and 1 to 2`' curd and coloring matter. (3) All persons engaged in the manufacture or packing of tris butter shall present if required by the Health Officer, a certificate from a competent physician stating that s,.ieh persons are free from tuberculosis, are not carriers of typhoid fever or other communicable diseases. (4) This butter shall be sold only in a sanitary package or container bearing plainly the words "Grade A country butter" and name of person, firm or corporation manufacturing same. (5) Upon proper application oviner, firm or corporation shall be given a permit by ti --e Health Officer stating that he or they/ may manufacture and offer for sale, barter or trade country or raw butter in the City of Paducah, Ky. SECTION 2. Grade "B" country or raw butter need not conform to (1), (2) or (3) of Section 1, and shall be sold only in a package or container bearing plainly the words "Grade B country butter for cooking purposes only" and name of person, firm or corporation manufacturing same. SECTION 3. Grade "C" country or raw butter need not conform to any of the above items and shall be offered for sale, barter or trade only to shippers, packers, produce houses or junk dealers, and shall be plainly labeled "Grade C country butter." SECTION 4. All cottage c;,ieese sold as an edible or table product for human food in the City of Paducah, County of LicC.racken, State of Kentucky, shall conform to the regulations set forth in Section 1, except that the container shall bear plainly the label "Cottage cheese", date of manufacture and name of person, firm or corporation manufacturing same. I SECTION 5. Any person, firm or corporation who sells or offers for sale, barter or trade any country or raw butter, or cottagecheese which has not been labeled in accordance with the requirements set No. 523. I forth above, shall be guilty of a misdemeanor and shall be it punishable with a fine of not less than �N5,00 and not more j than 025.00, and said 'butter or cottage cheese may be conficated i by the I3ealth Officer. Each sale shall constitute a separate I offense. =61A crtnat^;�