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HomeMy WebLinkAbout008 - 03/28/1957 - RELATING TO THE SALE OF MILK AND MILK PRODUCTS ORDINANCE NO 8 1957 BEING AN ORDINANCE RELATING TO THE SALE OF MILK AND MILK PRODUCTS DEFINING MILK AND CERTAIN MILK PRODUCTS MILK PRODUCER PAS- TEURIZATION AND OTHER PROCESSES PROHIBITING THE SALE OF ADULTERAT- ED AND MISBRANDED MILK AND MILK PRODUCTS REQUIRING PERMITS FOR THE SALE OF MILK PRODUCTS REGULATING THE INSPECTION OF DAIRY FARMS AND MILK PLANTS THE EXAMINATION GRADING LABELING AND PLACARDING PASTEURIZATION REGRADING DISTRIBUTION AND SALE OF MILK AND MILK PRODUCTS PROVIDING FOR THE PUBLISHING OF MILK GRADES CONSTRUCTION OF FUTURE DAIRY AND MILK PLANTS PROVIDING PENALTY FOR VIOLATION HEREOF REPEALING ORDINANCE NO 11 1917 ORDINANCE NO 39 1923 AND ORDINANCE NO 5 1946 TOGETHER WITH ALL .AMENDMENTS THERETO AND REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT COLLINS as follows Section 1 Definitions The following definitions shall apply in the interpretation and the enforcement of this ordinance A Milk Milk is hereby defined to be the lacteal secretion obtained by the complete milking of one or more healthy cows excluding that obtained within fifteen (15) days before and five (5) days after calving or such longer period as may be necessary to render the milk practically colostrum free which contains not less than 8 5 percent of milk solids not fat and not less than 3 5 percent of milk fat B Milk Fat or Butter Fat Milk fat or butter fat is the fat of milk C Cream and Sour Cream Cream is a portion of milk which con tarns not less than 18 percent milk fat Sour cream is cream the acidity of which is more than 0 20 percent expressed as lactic acid D Skimmed Milk Skimmed milk is milk from which a sufficient portion of milk fat has been removed to reduce its milk-fat percentage to less than 3 5 percent E Milk or Skimmed-Milk Beverage A milk beverage or a skimmed- milk beverage is a food compound or confection consisting of milk or It skimmed milk as the case may be to which has been added a sirup or flavor consisting of wholesome ingredients F Buttermilk Buttermilk is a product resulting from the churn- ing of milk or cream or from the souring or treatment by a lactic acid or other culture of milk skimmed milk reconstituted skimmed milk evaporated or condensed milk or skimmed milk or milk or skimmed-milk powder It con- tains not less than 8 percent of milk solids not fat G Vitamin D Milk Vitamin D milk is milk the Vitamin D content of which has been increased by a method and in an amount approved by the food inspector H Reconstituted or Recombined Milk and Cream Reconstituted or recombined milk is a product resulting from the recombining of milk consti- tuents with water and which complies with the standards for milk fat and solids not fat of milk as defined herein Reconstituted or recombined cream is a product resulting from the combination of dried cream butter or butter fat with cream milk skimmed milk or water I Goat Milk Goat milk is the lacteal secretion free from colostrum obtained by the complete milking of healthy goats and shall comply with all the requirements of this ordinance The word cows shall be interpreted to include goats J Homogenized Milk 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 storage no visible cream separation occurs on the milk and the fat percentage of the top 100 cc of milk in a quart bottle or of proportionate volumes in containers of other sizes does not differ by more than 10 percent of itself from the fat percentage of the remaining milk as determined after thorough mixing K Milk Products Milk products shall be taken to mean and include cream sour cream homogenized milk goat milk vitamin D milk buttermilk skimmed milk reconstituted or recombined milk and cream milk beverages skimmed-milk beverages and any other product made by the addition of any substance to milk or any of these products and used for similar purposes and designated as a milk product by the food inspec- tor - 2 L Pasteurization The terms pasteurization pasteurized and similar terms shall be taken to refer to the process of heating every par- ticle of milk or milk products to at least 1430 F and holding at such temperature for at least 30 minutes or to at least 1600 F and holding at such temperature for at least 15 seconds in approved and properly operated equipment provided that nothing contained in this definition shall be construed as disbarring any other process which has been demonstrated to be equally efficient and is approved by the State Health Authority M Adulterated Milk and Milk Products Any milk or milk product which contains any unwholesome substance or which if defined in this ordinance does not conform with its definition or which carries a grade label unless such grade label has been awarded by the food inspector and not revoked shall be deemed adulterated and misbranded N Milk Producer A milk producer is any person who owns or controls one or more cows a part or all of the milk or milk products from which is sold or offered for sale 0 Milk Distributor A milk distributor iz any person who offers for sale or sells to another any milk or milk products for human consumption as such P Dairy or Dairy Farm 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 milk products from which is sold or offered for sale Q Milk Plant A milk plant is any place or premises or estab lishment where milk or milk products are collected handled processed stored bottled pasteurized or prepared for distribution R Food Inspector The term food inspector shall mean the person appointed by the health authority of the City of Fort Collins or his authorized representative S Average Bacterial Plate Count, Direct Microscopic Count, Reduction Time, and Cooling Temperature Average bacterial plate count - 3 and average direct microscopic count shall be taken to mean the logarithmic average and average reduction time and average cooling temperature shall be taken to mean the arithmetic average of the respective results of the last four consecutive samples taken upon separate days irrespective of the date of grading or regrading T Grading Period The grading period shall be such period of time as the food inspector may designate within which grades shall be determined for all milk and milk products provided that the grading period shall in no case exceed 6 months U Person The word person as used in the ordinance shall mean person firm corporation or association V And/Or Where the term and/or is used and shall apply where possible otherwise or shall apply Section 2 The Sale of Adulterated, Misbranded, or Ungraded Milk or Milk Products Prohibited No person shall within the City of Fort Collins or its police jurisdiction produce sell offer or ex- pose for sale or have in possession with intent to sell any milk or milk product which is adulterated misbranded or ungraded It shall be unlawful for any person elsewhere than in a private home to have in possession any adulterated misbranded or ungraded milk or milk product Section 3 Permits It shall be unlawful for any person to bring into or receive into the City of Fort Collins or its police juris- diction for sale or to sell or offer for sale therein or to have in storage where milk or milk products are sold or served any milk or milk product defined in this ordinance who does not possess a permit from the City Clerk of the City of Fort Collins Only a person who complies with the requirements of this ordi- nance shall be entitled to receive and retain such a permit Such a permit may be suspended by the food inspector or re- voked by the City Council after an opportunity for a hearing before the - 4 - City Council upon the violation by the holder of any of the terms of this ordinance 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 (3) the word pasteurized only if the contents have been pasteurized (4) the word raw only if the contents are raw (5) the phrase for pasteurization if the contents are to be pasteurized (6) the name of the producer if the contents are raw and the name of the plant at which the contents were pasteurized if the contents are pasteurized and (7) in the case of vitamin D milk the designation Vitamin D Milk and the source of the vitamin D The label or mark shall be in letters of a size kind and color approved by the food inspector and shall contain no marks or words which are misleading and Every restaurant cafe soda fountain or other establishment serving milk or milk products shall display at all times in a place de- signated by the food inspector a notice approved by the food inspector stating the lowest grade of milk and/or milk products served Section 5 Inspection of Dairy Farms and Milk Plants For The Purpose of Grading or Regrading At least once during each calendar month the food inspector shall inspect all dair/arms and all milk plants whose milk or milk products are intended for consumption within the City of Fort Collins or its police jurisdiction or such food inspector may accept reports of other food inspectoonz which shows substantial compliance with the above requirements In case the food inspector discovers the viola- tion of any item of sanitation he shall make a second inspection after a lapse of such time as he deems necessary for the defect to be remedied but not before the lapse of 3 days and the second inspection shall be used in determining the grade of milk and/or milk products Any viola- tion of the same item of this ordinance on two consecutive inspections - 5 - shall authorize the food inspector to suspend the milk producer s license One copy of the inspection report shall be posted by the food inspector in a conspicuous place upon an inside wall of one of the dairy farm or milk plant building and said inspection report shall not be de- faced or removed by any person except the food inspector Another copy of the inspection report shall be filed with the records of the Health Department Section 6 The Examination of Milk and Milk Products Within each grading period at least four samples of milk shall be taken on separate days from each dairy farm and at least four samples of milk and cream from each milk plant and examined by the food inspector Samples of other milk products may be taken and examined by the food in- spector as often as he deemes necessary Samples of milk and milk pro- ducts from stores cafes soda fountains restaurants and other places where milk or milk products are sold shall be examined as often as the food inspector may require Bacteral plate counts and direct miscroscopic counts shall be made in conformity with the latest standard methods re- commended by the American Public Health Association Examinations may include such other chemical and physical determinations as the food in spector may deem necessary for the detection of adulteration these examinations to be made in accordance with the latest standard methods of the American Public Health Association and the Association of Official Agricultural Chemists Samples may be taken by the food inspector at any time prior to the final delivery of the milk or milk products All proprietors of stores cafes restaurants soda fountains and other similar places shall furnish the food inspector upon his request with the names of all distributors from whom their milk and milk products are obtained Bio assays of the vitamin D content of vitamin D milk shall be made when required by the food inspector in a laboratory approved by him for such examinations - 6 - Whenever the milk from any producer is found to have an average f«, cohIc S*K+meter bacterial count in excess of the legal maximum (200 000) the producer shall promptly be sent a written notice to that effect and advised of the penalties prescribed for excessive counts Such producer s milk shall again be examined but not before the lapse of three (3) days and the producer again informed as to the bacterial count In the event the next succeeding regular test shows an excessive count the producer may be suspended for from one to three days depending on the degree in which the average count exceeds the legal maximum herein prescribed Following three (3) or more successive counts made at the intervals prescribed for a t` regular tests the suspension period may be extended to a total of seven 6a (7) days G Jp G Whenever the regular plate counts of any producer exceed 100 OOQIV' the producer shall be sent a written notice to that effect and advised of the penalties prescribed above in the event his counts shoul/ater ex- ceed the legal limitations Repeated violations of the bacterial stan- dards herein prescribed whether consecutive or intermittent shall call for indefinite suspension or revocation of the permit to sell milk as prescribed in Section 3 of this ordinance Section 7 The Grading Of Milk And Milk Products At least once every six (6) months the food inspector shall compute the average grades of all milk and milk products delivered by all distributors for consump- tion within the City of Fort Collins or its police jurisdiction Said grades shall be based upon the following standards the grading of milk products being identical with the grading of milk except that the bac- terial standards shall be doubled in the case of cream and ice cream and omitted in the case of sour cream and buttermilk Vitamin D milk shall be prepared only from Grade A pasteurized milk Grade A Raw Milk For Pasteurization Grade A raw milk for pasteurization is raw milk the average bacterial plate count of which - 7 - does not exceed 200 000 per cubic centimeter or the direct microscopic clump count of which does not exceed 400 000 at any time prior to pas- teurization ITEM lr Cows, Tuberculosis and Other Diseases Except as pro- vided hereinafter a tuberculin test of all herds and additions thereto shall be made before any milk therefrom is sold and at least once every three (3) years thereafter by a licensed veterinaria4pproved by the State Livestock Sanitary Authority Said tests shall be made and reactors disposed of in accordance with the requirements of the United States De- partment of Agriculture for accredited herds A certificate signed by the veterinarian and filed with the food inspector shall be accepted as evidence of the above tests Brucellosis All milk produced and processed under the provisions of this ordinance shall come from herds which have been found to be free of Brucellosis (Bang s Disease) as attested by offi- cially recognized blood tests of each individual animal or by officially recognized ABR (ring) tests of pooled samples of the entire herd which tests must be repeated at such intervals as the State Livestock Sanitary Authority may direct but not less than twice within any calendar year Herd approval certificates issued by the Colorado Department of Agricul- ture must be posted in a conspicuous place within the producer s dairy barn or within the milk room thereof In the event that any other tests for the detection of Brucellosis which meet the approval and acceptance of the State and Federal Sanitary Authorities shall hereafter be developed such tests may be accepted if also approved by the food inspector Cows which show an extensive or entire induration of one or more quarters of the udder upon physical examination whether secreting abnormal milk or not shall be permanently excluded from the milking herd Cows giving bloody stringy or otherwise abnormal milk but with only slight induration of the udder shall be excluded from the herd until re- examination shows that the milk has become normal - 8 For other diseases such tests and examinations as the food in- spector may require shall be made at intervals and by methods prescribed by him and any diseased animals or reactors shall be disposed of as he may require ITEM 2r Dairy Barn, Lighting A dairy or milking barn shall be required and in all sections thereof where cows are milked windows shall be provided and kept clean and so arranged as to insure adequate light properly distributed and when necessary shall be provided with adequate supplementary artificial light ITEM 3r Dairy Barn, Air Space and Ventilation Such sections of all dairy barns where cows are kept or milked shall be well ventilated and shall be so arranged as to avoid over-crowding ITEM 4r Dairy Barn, Floors The floors and gutters of such parts of all dairy barns in which cows are milked shall be constructed of concrete or other approved impervious and easily cleaned material it shall be graded to drain properly and shall be kept clean and in good repair No horses pigs fowl calves etc shall be permitted in parts of the barn used for milking ITEM Sr Dairy Barn, Walls and Ceilings The walls and ceilings of all dairy barns shall be white-washed once each year or painted once every two (2) years or oftener if neeessary or finished in an approved manner and shall be kept clean and in good repair In case there is a second story above that part of the barn in which cows argaIked the ceiling shall be tight If the feed room adjoins the milking space it shall be separated therefrom by a dust-tight partition and door No feed shall be stored in the milking portion of the barn ITEM 6r Manure Disposal All manure shall be removed and stored or disposed of in such manner as best to prevent the breeding of flies therein or the access of cows to piles thereof ITEM 7r Dairy Barn, Cow Yard All cowards shall be graded and drained as well as practiceable and kept clean - 9 - ITEM Sr Milk House or Room, Construction There shall be pro- vided a milk house or milk room in which the cooling, handling and storage 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 tight floor constructed of con- crete or other impervious material 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 ventilated (d) It shall have all openings effectively screened including outward-opening self-closing doors unless other effective means are provided to prevent the entrance of flies (e) It shall be used for no other purposes than those specified above except as may be approved by the food inspector shall not open directly into a stable or into any room used for domestic purposes shall have water piped into it shall be provided with adequate facilities for the heating of water for the cleaning of utensils shall be equipped with two-compartment stationary wash and rinse vats and shall be partitioned to separate the handling of milk and the storage of cleansed utensils from the cleaning and other operations which shall be so located and conducted as to prevent any contamination of the milk or of cleaned equipment ITEM 9r Milk House or Room, 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 ITEM lOr Toilets 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 or contaminate any water supply ITEM llr Water Supply The water supply for the milk room and dairy barn shall be properly located constructed and operated and shall - ID - be easily accessible adequate and of a safe sanitary quality ITEM 12r Utensils, Construction All multi use containers or other utensils used in the handling storage or transportation of milk or milk products must be made of smooth nonabsorbent material and of such con- struction as to be easily cleaned and must be in good repair Joints and seams shall be soldered flush Sloven wire cloth shall not be used for straining milk All milk pails shall be of a smallmouth design approved by the food inspector The manufacture packing transportation and hand- ling of single-service containers and container caps and covers shall be conducted in a sanitary manner ITEM 13r Utensils, Cleaning All multi-use containers equip- ment and other utensils used in the handling storage or transportation of milk and milk products must be thoroughly cleaned after each usage Pipe- lines and bulk storage tanks are acceptable if installed and maintained in a manner approved by the food inspector ITEM 14r Utensils, Bactericidal Treatment All multi-use con- tainers equipment and other utensils used in the handling storage or transportation of milk or milk products shall between each usage be sub- jected to an approved bactericidal process with steam hot water chlorine or hot air ITEM 15r Utensils, Storage All containers and other utensils used in the handling storage or transportation of milk or milk products shall be stored so as not to become contaminated before being used All multi-use containers shall be stored inverted on metal racks at least twelve (12) inches above the floor All filter pads or discs shall be stored in a clean dust-tight cabinet or container ITEM 16r Utensils, Handling After bactericidal treatment no container or other milk or milk product utensil shall be handled in such manner as to permit any part of any person or his clothing to come in con- tact with any surface with which milk or milk products come in contact ITEM 17r Milking, Udders and Teats, Abnormal Milk The udders - 1Q - i and teats of all milking cows shall be clean and rinsed with a 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 in- fection of the cows and the contamination of milk utensils ITEM 18r Milking, Flanks The flanks bellies and tails of all milking cows shall be free from visible dirt at the time of milking ITEM 19r Milkers' Hands Milkers' hands shall be clean rinsed with a bactericidal solution and dried with a clean towel immed- iately before milking and following any interruption in the milking opera- tion we/and milking is prohibited Convenient facilities shall be pro- vided for the washing of milkers' hands ITEM 20r Clean Clothing Milkers and milk handlers shall wear clean outer garments while milking or handling milk milk products containers utensils or equipment ITEM 21r Milk Stools Milk stools shall be kept clean ITEM 22r Removal of Milk Each pail or can of milk shall be removed immediately to the milk house or straining room No milk shall be strained in the dairy barn ITEM 23r Cooling Milk must be cooled immediately after the completion of_msl$in to a temperature of 500 F or lower and maintained at that average temperature until delivery Provided however that if said milk is to be delivered to a pasteurizing plant within two (2) hours it shall be cooled to 600 F and maintained at that average temperature until delivery ITEM 24r Bottling and Capping Milk and milk products shall be bottled from a container with a readily cleanable valve or by means of an approved bottling machine Bottles shall be capped by machine Caps or cap stock shall be purchased in sanitary containers and kept there- in in a clean dry place until used ITEM 25r Personal Health The food inspector in cooperation with the City Physician may at any time call upon the manager of any - 1A - dairy farm or milk plant to require that any or every person whose work brings him into contact with the processing handling storage or trans- portation of milk milk products and/or utensils be subjected to a com- plete medical examination and to have his medical history carefully checked if there is any reason to believe that he may carry some communicable disease likely to be transmitted through milk to the consumers thereof If the results of such a study should indicate that such a health hazard exists the food inspector shall require that the person or persons con- cerned be removed ITEM 26r Miscellaneous All vehicles used for the transpor- tation of milk or milk products shall be so constructed and operated as to protect their contents from the sun and from contamination All ve- hicles used for the transportation of milk or milk products in their final delivery containers shall be constructed with permanent tops and with permanent or roll-down sides and back provided that openings of the size necessary to pass the delivery man be permitted in the sides or back for loading and unloading purposes All vehicles shall be kept clean and no substances capable of contaminating milk or milk products shall be transported with milk or milk products in such manner as to permit con- tamination All vehicles used for the distribution of milk or milk pro- V� ducts shall have the name of the distributor prominently displayed The immediate surroundings of the dairy shall be kept in a neat clean condition PASTEURIZED MILK Grade 'A Pasteurized Milk Grade A pasteurized milk is grade A raw 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 plate count of which at no time after pasteurization and until delivery exceeds 30 000 per cubic centimeter as determined under Sections 1 (S) and 6 The grading of a pasteurized milk supply shall include the inspection of receiving and collecting stations with respect to items 1p to 15p inclusive and 17p 19p 22p and 23p except that the parti- tioning requirement of item 5p shall not apply ITEM 1p Floors 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 ITEM 2p Walls and Ceiling Walls and ceilings of rooms in which milk or milk products are handled or stored or in which milk utensils are washed shall have a smooth washable light-colored surface and shall be kept clean ITEM 3p Doors and Windows Unless other effective means are provided to prevent the access of flies all openings into the outer air shall be effectively screened and doors shall be self-closing ITEM 4p Lighting and Ventilation All rooms shall be well lighted and ventilated ITEM 5p Miscellaneous Protection from Contamination The various milk-plant operations shall be so located and conducted as to prevent any contamination of the milk or of the cleaned equipment All a means necessary for the elimination of flies shall be used There shall be separate rooms far (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 room Pasteurized milk or milk products shall not be per- mitted to come in contact with equipment with which unpasteurized milk or milk products have been in contact unless such equipment has first - 1�- - been thoroughly cleaned and subjected to bactericidal treatment Rooms in which milk milk products cleaned utensils or containers are handled or stored shall not open directly into any stable or living quarters The pasteurization plant shall be used for no other purposes than the pro- cessing of milk and milk products and the operations incident thereto except as may be approved by the food inspector ITEM 6p Toilet Facilities Every milk plant shall be provided with toilet facilities conforming with the ordinances of the City of Fort Collins 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-closing Toilet rooms shall be kept in a clean condition in good repair and well ventilated In case privies or earth closets are permitted and used they shall be separate from the building and shall be of a sanitary type constructed and operated in conformity with the requirements of item lOr grade A raw milk ITEM 7p Taster Supply The water supply shall be easily accessible adequate and of a safe sanitary quality ITEM 8p Hand-washing Facilities Convenient hand-washing facilities shall be provided including warm running water soap and approved sanitary towels The use of a common towel is prohibited ITEM 9p Sanitary Piping All piping used to conduct milk or milk products shall be sanitary milk piping` of a type which can be easily cleaned with a brush Pasteurized milk and milk products shall be conducted from one piece of equipment to another only through sani- tary milk piping ITEM 10p Construction and Repair of Containers and Equip- ment All multi-use containers and equipment with which milk or milk products come in contact shall be constructed in such manner as to be easily cleaned and shall be kept in good repair The manufacture - 13' - packing transportation and handling of single-service containers and con- tainer caps and covers shall be conducted in a sanitary manner ITEM Up Disposal of Wastes All wastes shall be properly disposed of ITEM 12p Cleaning and Bactericidal Treatment of Containers and Equipment All milk and milk products containers and equipment ex- cept single-service containers shall be thoroughly cleaned after each usage All containers shall be subjected 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 effectively cleaned and subjected to bactericidal treatment ITEM Up Storage of Containers and Equipment After bacteri- cidal treatment all bottles cans and other multi-use milk or milk-pro- ducts containers and equipment shall be stored in such manner as to be protected from contamination ITEM 14p Handling of Containers and Equipment Between bac- tericidal treatment and usage and during usage containers and equip ment shall not be handled or operated in such manner as to permit con- tamination of the milk ITEM 15p Storage of Caps, Parchment Paper and Single Service Containers Milk bottle caps or cap stock parchment paper for milk cans and single-service containers shall be purchased and stored only in sanitary tubes and cartons respectively and shall be kept therein in a clean dry place ITEM 16p Pasteurization Pasteurization shall be performed as described in Section 1 (L) of this ordinance ITEM 17p Cooling All milk and milk products received for pasteurization shall immediately be cooled in approved equipment to 500 F or less and maintained at that temperature until pasteurized unless they are to be pasteurized within two (2) hours after receipt and all pasteurized milk and milk products shall be immediately cooled in approved equipment to an average temperature of 500 F or less as defined in Sec- tion 1 (S) and maintained thereat until delivery 11W - ITEM 18p Bottling Bottling of milk and milk products shall be done at the place of pasteurization in approved mechanical equipment ITEM 19p Overflow Milk Overflow milk or milk products shall not be sold for human consumption ITEM 20p Capping Capping of milk and milk products shall be done by approved mechanical equipment Hand capping is prohibited The cap or cover shall cover the pouring lip to at least its largest dia- meter ITEM 21p Personnel, Health The food inspector or a physician authorized by him smay. examine and take a careful morbidity history of every person connected with a pasteurization plant or about to be em- ployed whose work brings him in contact with the production handling storage or transportation of milk milk products containers or equip- ment If such examination or history suggests that such persons may be a carrier of or infected with the organisms of typhoid or paratyphoid fever or any other communicable diseases likely to be transmitted through milk he shall secure appropriate specimens of body discharges and cause them to be examined in a laboratory approved by him or by the State Health Authorities for such examinations and if the results ,justify such per- son shall be barred from such employment Such persons shall furnish such information submit to such physical examinations and submit such laboratory specimens as the food in- spector may require for the purpose of determining freedom from infection ITEM 22p Personnel Cleanliness All persons coming in contact with milk milk products containers or equipment shall wear clean outer garments and shall keep their hands clean at all times while thus engaged ITEM 23p Miscellaneous All vehicles used for the transportation of milk or milk products shall be so constructed and operated as to protect their contents from the sun and from contamination All vehicles used for the transportation of milk or milk products in their final delivery con- tainers shall be constructed with permanent tops and with permanent or - 1'$ - roll-down sides and back provided that openings of the size necessary to pass the delivery man may be permitted in the sides or back for loading and unloading purposes All vehicles shall be kept clean and no substances capable of contaminating milk or milk products shall be transported with milk or milk products in such manner as to permit contamination All ve- hicles used for the distribution of milk or milk products shall have the name of the distributor prominently displayed The immediate surroundings of the milk plant shall be kept in a neat clean condition Section 8 Grades of Milk and Milk Products Which May Be Sold No milk shall be sold to the final consumer or to restaurants soda foun- tains grocery stores or similar establishments except Grade A pas- teurized milk Section 9 Transferring or Dipping Milk, Delivery Containers, Handling of More Than One Grade, Delivery of Milk at Quarantined Resi- dences Except as permitted in this section no milk producer or distri- butor shall transfer milk or milk products from one container to another on the street or in any vehicle or store or in any place except a bot- tling or milk room especially used for that purpose The sale of dip milk is hereby prohibited All pasteurized milk and milk products shall be placed in their final delivery containers in the plant in which they are pasteurized Milk and milk products sold in the distributor' s containers in quantities less than one (1) gallon shall be delivered in standard milk 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 milk products except in the original container in which it was received from the distributor or from a bulk container - it- equipped with an approved dispensing device PROVIDED that this require- ment shall not apply to cream consumed on the premises which may be served from the original bottle or from a dispenser approved for such service It shall be unlawful for any hotel soda fountain restaurant grocery or similar establishment to sell or serve any milk or milk pro- ducts which have not been maintained while in its possession at a tem- perature of 500 F or less No milk or milk products shall be permitted to come in contact with equipment with which a lower grade of milk or milk products has been in contact unless such equipment has first been thoroughly cleaned and subjected to bactericidal treatment Bottled milk or milk products if stored in water shall be so stored that the tops of the bottles will 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 Apparatus containers equipment and utensils used in the handling storage pro- cessing or transporting of milk or milk products shall not be used for any other purpose without the permission of the food inspector The delivery of milk or milk products to and the collection of milk or milk products containers from residences in which cases of communi- Cablag disease transmissible through milk supplies exist shall be subject to the special requirements of the food inspector Section 10 Milk and Milk Products From Points B@yon4 The Limits Of Routine Inspection Milk and milk products from points beyond the limits of routine inspection of the municipality of Fort Collins may not be sold in the municipality of Fort Collins or its police jurisdic- tion unless produced and/or pasteurized under provisions which are sub- stantially equivalent to the requirements of this ordinance and which are enforced with equal effectiveness as determined by a milk sanitation rating Whenever a permit to sell milk and milk products is granted to any dairy or milk company located outside the zone of routine inspection of the City of Fort Collins the City reserves the right to send its own authorized inspectors to any or all dairy farms and/or dairy plants from which such milk and milk products originate or is processed and to re- gister with the persons involved anlr adverse opinions regarding the acceptability of such milk and milk products as in the ,judgment of said inspectors seems justified Section 11 Future Dairies and Milk Plants All dairies and milk plants from which milk or milk products are supplied to the City of Fort Collins which are hereafter constructed reconstructed or exten- sively altered shall conform in their construction to the requirements of this ordinance for grade A dairy farms Properly prepared plans for all dairies and milk plants which are hereafter constructed reconstructed or extensively altered shall be submitted to the food inspector for approval before work is begun In the case of milk planty signed approval shall be obtained from the food inspector and/or the State Health Department Section 12 Notification of Disease Notice shall be sent to the food inspector immediately by any producer or distributor of milk or milk products upon whose dairy farm or in whose milk plant any infectious contagious or communicable disease occurs Section 13 Procedure When Infection Suspected When suspicion arises as to the possibility of transmission of infection from any person concerned with the handling of milk or milk products the food inspector 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 (3) ade- quate medical and bacteriological examination of the person of his asso- ciates and of his and their body discharges Section 14 Milk Producers License No milk or milk products - 10 - shall be received sold or distributed within the corporate limits of the City of Fort Collins unless the milk producer from whom said milk or milk products is obtained shall have in full force and effect a license issued by the City Clerk of the City of Fort Collins Any person desiring such license shall make application therefor to the City Clerk upon a printed form which shall state his full name and address Upon such application being filed the food inspector shall investigate the premises of the milk producer and if the same conforms with the requirements of this ordinance he shall approve said application and the City Clerk shall issue a license to such applicant All licenses issued under this section shall expire on the 31st day of December in the year in which they are issued The applicant shall also pay to the City Clerk an annual license fee of $1 00 Any person desiring such a license shall furnish to the food inspector any information that he desires concerning the production transportation and distribution of such milk before a license shall be issued Any milk producer who pays an annual license fee to a city other than Fort Collins shall not be required to pay the above license fee to the City of Fort Collins Section 15 Milk Distributor's License No person shall sell or offer for sale or cause to be sold or kept for sale or given away any milk or cream for human food within the corporate limits of the City of Fort Collins without having first obtained a license therefor as herein provided No person shall ship or bring into the city by freight express or otherwise any milk or cream for sale without having a license so to do Any person desiring such license shall make application in writing therefor to the City Council upon a form which shall be provided by the City Clerk in which shall be stated the name of the applicant his residence and the location of the place to carry on the business Accompanying such application shall be a report of the Food Inspector or his deputy showing that the place of business has been approved by the Inspector Said application shall be accompanied by a fee of Twenty-five ($25 00) Dollars and all licenses issued under this ordinance shall expire on the thirty-first (31st) day of December of each - 21 - year Provided however that this ordinance shall not apply to hotels restaurants or eating houses or other places of business that serve milk or cream to their customers obtained from regularly licensed milk dealers nor to merchants who purchase milk or cream from regularly licensed milk dealers for the purpose of re-selling the same Section 16 Penalty Any person firm or corporation who shall violate any provision of this ordinance shall upon conviction be fined not more than $300 00 Each and every violation of the provisions of this ordinance shall constitut( a separate offense Section 17 Unconstituiionality Clause Should any section paragraph sentence clause or phrase of this ordinance be declared un- constitutional or invalid for any reason the remainder of said ordinance shall not be affected thereby Introduced considered Eavorably on first reading and ordered published this 21st day of Feoruary A D 1957 and to be pre- sented for final passage on the _)8th day of March A D 1957 ze o� Mayor ATTEST City Clerk Passed and adopted on final reading this 28th day of March A D 1957 Mayor ATTEST City Clerk - 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