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HomeMy WebLinkAboutOrdinances Book 13, Page 841, No Ordinance NumberAN ORDINANCE AT-LeNDITIG, SECTION 1 OF All ORDINANCE ENTITLED: "AN ORDINANCE DEFIPIING 11IILK? AIdD CERTAIN I IILK PRODUCTSt, ?r-IILK PRODUCER?, ?PASTEURIZATIONt, ETC.; PROHIBITIIIG THE SALE OF ADULTERATED _ 'D I:ISDRAIIDED MILK AND I•SLK PRODUCTS; REQUIRIlTG PERT4dTS FOR THE SALE OF DULK A'ID IIILK PRODUCTS; REGULATING Tlly IIISPECTIOId OF DAIRY FARTJS AND IyIILK PLANTS, AND TILE EXAr'•IINATION, GRADING, LABELING, PASTEURIZATION, DISTRIBUTION, A^D SALE OF I-iiILIt AND T•IILI{ PRODUCTS; PROVIDING FOR FEES FOR THE I;ISPECTIOTT OF IIILI. a_rD !JILK PRODUCTS; PROVIDING FOR THE CO:;STRUCTION OF FUTURE DAIRIES AND MILK PLANTS, THE ENFORCEMENT OF THIS ORDINANCE, AND THE FIXING OF PENALTIES", WHICH WAS ADOPTED BY THE BOARD OF COU-IISSIONERS OF TIE CITY OF PADUCAH, KEIITUCKY ON l-fAY 11, 1954 AND 9.1ENDED ON JUNE 22, 1954 BE IT ORDAINED BY THE BOARD OF C01.1IISSI OTTERS OF THE CITY OF PADUCAH, KENTUCKY: SECTION 1. That Section 1 of an ordinance containing the title quoted above, which was adopted by the Board of Commissioners of the City of Paducah, Kentucky on iiay 11, 1954 and amended on June 22, 1954 be, and the same is hereby, amended and reordained so that said section as amended and reordained shall read as follows: "SECTION 1. DEFINITIOI?S -- The following definitions shall apply in the interpretation and the enforcement of this ordinance: A. I_iLK -- Kill, is hereby defined to be the lacteal secretion, practically free from colostrum, obtained by the complete milking of one or more healthy cows, which contains not less than $;� percent mills solids=not-fat and not less than 3.5 percent milk fat. A-1. GOAT I-JTLK -- Goat milk is the lacteal secretion, practically free from colostrum, obtained by the complete milking of healthy goats. The ?-turd "milk" shall be interpreted to include goat milk. B. iill,fat --- I-iilkfat, or butterfat, is tine fat of milk. B-1. CREAK -- Cream is a portion of milk which contains not less than 18 percent milkfat. 3-2. SOUR CREAr•I -- Sour cream is cream the acidity of which is more than 0.20 percent, e. -,pressed as lactic acid. B-3. LIGIIT CREAM, COFFEE CR ATI, Olt TABLE C C, ALI -- Light Cream, coffee cream, or table cream, is cream which contains less than 30 percent milkfat. 3-4. 61HIPPI°IG CREAI.I -- Whipping cream is cream which contains not less than 30 percent milkfat. 3-5. LIGHT M[IPPIIIG CIZEAi -- Light whipping cream is whipping cream which contains less than 36 percent milkfat. -6. HEAVY CRB V _:, Q', HEAVY NIPPI='C CREA11 -- Heavy cream, or heavy whipping cream, is rrhippin" cream which contains not less than 36 percent milkfat. D-7, HALF A;?D HALF -- Half and half is a product consisting; of a mi: pure of mil': and cream which contains not less than 11.5 percent milkfat . 3-8. RECO!.STITUTED OR RECOIKHHED, IIALF A11D HAL7 -- Recon- stituted, or recombined, half and half is a product resulting from the combination of reconstituted mill; or reconstituted skim milk .Ath cream or reconstituted cream, which contains not less than 11.6 percent milkfat. E-9 1,1HIPPED CRE—_- -- Whipped 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. CONCEIITRATED i1LK -- Concentrated mill: is a fluid product, unsterilized and unsweetened, resulting from the removal of a con- siderable portion of the water from milk. When recombined with water, in accordance with ihstructions printed on the container, the resulting product conforms with the standards for milkfat and solids-not-fat of milk as defined above. C-1. C0'CENTRATED 11ILK PRODUCTS -- Concentrated milk products shall be taken to mean and to include homogenized concentrated milk, vitamin D concentrated milk, concentrated skim milk, concentrated flavored milk, concentrated flavored drink, and similar concentrated products made from concentrated milk or concentrated skim milk, as the case may be, and which, when recombined with water in accordance with instructions printed on the container, conform with the definitions of the corresponding milk products in this section. C-2. DRY i7LK -- Dry milk is mill: from which at least 95 per- cent of the water has been removed. D. SI:Ii_ LZLK -- Skim mill: is milk from which a sufficient portion of milkfat has been removed to reduce its milkfat content to less than 3.5 percent. D-1 TiOEFAT FAT-FREE, OR DEFATTED i?ILK -- 's?onfat, fat-free, or defatted milk is skim mil'.: which contains not more than 0.1 percent milkfat. D-2 SKIT•:-LELLK SOLIDS -- Skim-milk solids shall be deemed to include concentrated skim milk and nonfat dry-milk solids. D-3 i?O?1FAT D;tY-7.11LK SOLIDS -- I1on_at dry-mil'; solids shall mean nonfat mil': from which at least 95 percent of the water has been removed. &1,: E. FLAVORED MLCLK -- Flavored mill- is a beverage or confection consisting of milk to which has been added a syrup or flavor made from wholesome ingredients. E-1. FLAVORED DRI1K, OR FLAVORED DAIRY DRINK -- Flavored drink, or flavored dairy drink, is a beverage or confection_ consisting of skim milk, to which has been added a syrup or flavor made from wholesome ingredients. E-2. FLAVORED RECONSTITUTED i -SLK -- Flavored reconstituted mill; is a flavored milk made from reconstituted milk. E-3. FLAVORED RECONSTITUTED DRINK OR FLAVORED RECOITSTI^lUTED DAIRY DR111K -- Flavored reconstituted drink, or flavored reconstituted dairy drink, is a flavored drink made from reconstituted skim milk. F. BUTTER-LaLK -- Buttermilk is a fluid product resulting from the churning of mill: or cream. It contains not less than $-,r-, percent, milk solids=not fet. F-1. CULTURED BUTTERI•IILK -- Cultured buttermilk is a fluid product resulting from 'the souring or treatment, by a lactic acid or other culture, of.pasteurized skim mills or pasteurized reconstituted skim milk. It contains not less than $- percent milk solids -not -fat. F-2 CULTURED ILLI{ -- Cultured milk is a fluid or semi -fluid product resulting from the souring or treatment, by a lactic acid or other sulture, of pasteurized milk, pasteurized reconstituted milk, or pasteurized concentrated milk. It contains not less than $4 percent mill: solids -not -fat and not less than 3.5 percent milkfat. G. VITA::I_; 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. itECONSTITUTED, OR RECOHMMID, 11ILK -- Reconstituted, or recombined, mill: 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. FE-CO:]STITUTED OR RECOHMINED, CRE<11•1 -- Reconstituted, or recombined, cream is a product which results from the combination of dry cream, butter, or milkfat, frith cream, milk, skim mill, or water, and which complies with the millfat standards of cream as defined 'herein. H-2. RECO_-MITUTED 03 RECC7DI:!Z D, SKII._ I_ILK -- Reconstituted, or recombined, slciri mi 1'.c is a product which results from the recombinin ,• of skim -milk, constituents vwith water, and which contains not less than $- percent nulls solids -not -fat. I. COTTAGE C11EE3E.-- Cottage cheese is the soft uncured cheese prepared from the curd obtained by acldinC harmless, lactic -acid - producing bacteria., with or without enzyrlatic action, to pasteurized skim mil'- or pasteurized reconstituted shim nil':_. It contains not more than 80 percent noisture. I-1. Clams:= COTTAGE C MESE -- Creamed cottage cheese is the soft uncured cheese which is prepared by mi."ing cottage cheese with a pasteurized cream, or with a pasteurized mi_-ture of cream and milk or skim milk, and which contains not less than 4 percent milkfat by weight, and not more than 80 percent moisture. J. II0=I00BiiIZED '?Ll' -- Homogenized milk is mill, which has been treated in such a manner as to insure break-up of the fat globules to such an ex=tent that, after 48 hours of quiescent storage, no visible cream separation occurs on the milk, and the fat percentage of the top 100 milliliters of mills in a quart bottle, or of proportionate volumes in containers of other -sizes, does not differ by more than to percent of itself from the fat percentage of the remaining milk as determined after thorough mi,_in?;. The word "milk" shall be interpreted to include homogenized milk. I. 11IL$ PRODUCTS -- hill: 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 mill_", non-fat milk, flavored rli 1'_", flavored drink, flavored reconstituted milk, flavored reconstituted drink, buttermilk, cultured buttermilk, cultured milk, vitamin D milk, reconstituted or recombined milk, reconstituted cream, reconstituted sl=im mill:, 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. PASTEURIZATI03? -- The terms ;Ipasteurization°,"pasteurized," and similar terms shall be taken to refer to the process of heating every particle of mill" or mil'.: products to at least 1430 F., and holding it at such temperature continuously for at least 30 minutes, or to at least 1610 F., and holding it at such temperature continuously for at least 15 seconds, in approved and properly operated equipmenp: PROVIDED, That nothing contained in this definition shall be construed as barring any other process which has been demonstrated to be euoally efficient and which is approved by the State health authority. 1.1. ADULTERATED AND i•TSBRA11DED iiILK AILD iZLIL PRODUCTS -- Any milk or cream to which water has been added, or any mill: or milk product rthich contains any unwholesome substance, or which if defined in this ordinance does not conform with its definition, shall be deemed to be adulterated. Any mil':: or milk product which carries a grade label, i4 J 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. .I. IZLI{ PRODUCER -- A milli producer is any person who owns or controls one or more corns, a part or all of the milk or milk products from which is sold, or offered for sale. 0. IdILY DISTRIBUTOR -- A mill: distributor is any person who offers for sale or sells to another any milk or milk products for human consumption as such. 0-1. PRODUCER DISTRIBUTOR -- A producer -distributor is a milk producer who is also a milk distributor. P. DAIRY OR DAIRY FAM11 -- A dairy, or dairy farm, is any place or premises where one or more cows are kept, a part or all of the mil'.: or mills products 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 mill: plant for processing. P-2, i--IILI{ HAULER -- A milk hauler is any person, other than a milk producer or a mil'_t-plant employee, who transports milk and/or milk products to or from a milk plant or a collecting point. Q. 1,11 LK PLAIT -- A milk plant is any place, premises, or establishment where milk or milk products are collected, handled, processed, stored, pasteurized, bottled, or prepared for distribution, except an establishmdnt Mhere milk or mill: products are sold at retail only. R. HEALTH OFFICER -- The term "health officer" shall mean the health authority of the Pity of Paducah, Ifentucky, or his authorized representatives. S. AVERAGE BACTERIAL PLATE COURT, DIP,ECT NICROSCOPIC COU:1T. AI?D COOLIiIG TETITERATURE -- Average bacterial plate count and average direct microscopic count shall be taken to mean the logarithmic average, or average reduction time, and average cooling temperature shall be taken to mean the arithmetic average, of the respective test results of the last four consecutive samples, taken upon separate days, irrespective of the u -month period referred to in Section o. T. PEI13011 -- The word "person" shall mean any individual, pertnership, corporation,company, _"irra, trustee, or association. U. AHD OR -- [There the terra "and/or" is used, "and'r shall apply where possible, otheririse "or" shall apply." SLCTIOU 2. All ordinances and parts of ordinances in conflict hereln_th are, to the e::tent of such conflict, hereby repealed. SECTIO11 3. This ordinance shall be in full force and effect from and after its adoption and publication. sGr✓'v' ' ir' L�-Ff� is 1 r Passed by the Board of Commissioners February 15, 1958 Recorded by Sarah Thurman, City Clerk, February 15, 1958.