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HomeMy WebLinkAboutOrdinances Book 13, Page 148, No Ordinance Number14✓ / AlvkENDGD AN ORDINANCE AMENDING SECTION 3-B AND SECTION 6 OF AN ORDINANCE ENTITLED: "AN ORDINANCE 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 DAIRY FARW9 AND MILK PLANTS, AND THE EXAMINATION, GRADING, LABELING, PASTERUIZATION, DISTRIBUTION, AND SALE OF MILK AND MILK PRODUCTS; PROVIDING FOR FEES FOR THE INSPECTION OF MILK AND MILK PRODUCTS; PROVIDING FOR THE CONSTRUCTION OF FUTURE DAIRIES AND MILK PLANTS, THE ENFORCEMENT OF THIS ORDINANCE, AND THE FIXING OF PENALTIES'?, WHICH WAS ADOPTED BY THE BOARD OF COMMISSIONERS OF THE CITY OF PADUCAH, KENTUCKY ON MAY 11, 1954. BE IT ORDAINED BY THE BOARD OF COMMISSIONERS OF THE CITY OF PADUCAH, KENTUCKY: SECTION 1. That Sections 3-B and 6 of an ordinance containing the title quoted above, which eras adopted by the Board of Commissioners on May ll, 1954 be, and the same is hereby, amended and reordained so that said sections as amended and reordained shall read as follows: "SECTION 3. PERMITS AND INSPECTION FEES 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 pro- vided 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, analyses, and all pertinent services. Said fees shall be paid monthly to the City of Paducah, Kentucky, on or before the 10th day of eac# month hereafter, and shall be based upon the actual net weight of all milk and milk products received or produced. The original weight sheet 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 or 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 (3¢) 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 (1¢) cent per pound butterfat. The inspection fees collected by'the City of Paducah shall be deposited by the City Treasurer in an account to be known as "City of Paducah, Kentucky Division of Milk Control". -Each month the City Treasurer shall issue a check against said account payable to the order of Paducah McCracken County Board of Health in an amount necessary for the -jayment of the inspections and other various services•in carry- ing out the terms of this ordinance. Said amount to be certified by a resolution duly introduced and adopted by said Paducah -McCracken County Board of Health. Payment of the inspection fee herein provided "shall entitle the owner or operator of said milk plant to regular inspections as herein provided, which shall include systematic and regular inspections of the premises and equipment of all milk producers who supply milk or milk products to said milk plant for determination of Grade. The name and locations 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. The holder of'a permity when informed by the'Health Officer of the breach of any of the requirements of this ordinance by a producer or producers, who supply. milk or milk products to his milk plant, shall forth with 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 and the Paducah McCracken County Board of Health, 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 the Paducah -McCracken County Board of Health, and°no more." "SECTION 6. THE EXAMINATION OF MILK AND MILK PRODUCTS -- During each 6 -month period, at least four samples df 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 chacked periodically and found satis- factory. Samples of other milk products shall be taken and examined by the health officer at least once during each 6 -month period. Samples 149 150 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 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 health officer may deem necessary for the detection of adulteration. 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. 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 new average in accordance with Section 1 (S). Villation 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 suspension of permit, and/or court action, unless the last individual result is within the grade limit.. 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 health officer shall send written notice thereof to the person concerned. He shall then take an additional sample, but not before the lapse of 3 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 6 -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 corrected before milk or milk products fromathe plant concerned again can be sold as pasteurized milk or milk products." 151 SECTION 2. All ordinances and parts of ordinances in conflict herewith are, to the extent of such conflict, hereby repealed. SECTION 3. This ordinance shall be in full force and effect from and after its adoption. Mayor ��- Passed by the Board of Commissioners June 22, 1954 Recorded by Sarah Thurman, City Clerk, June 22, 1954.