HomeMy WebLinkAbout005 - 09/06/1946 - RELATING TO THE SALE OF MILK AND MILK PRODUCTS (EMERGENCY ORDINANCE) ORDINANCE NO .� , 1946
BEING AN E'i+ZMGENCY ORDINANCE REL1'-TIhG TO THE SALE OF It= AND
IV1ILK PRODUCTS, DEFINING "IJILh-" AND CERTAIN "IVTILK PRODUCTS,"
"MILK PRODUCER, " "PASTEURIZATION," PhD OTHER PROCESSES, PRO-
HIBITIITG THE SALE Of ADULTE TED -AND LI1SBRmITDED 11ILK PWD BILK
PRODUCTS, REQUIRING PERII,ITS FOR THE SALE 01 MILY PRODUCTS, RE-
GULATING THE INSPECTION OF DAIRY FARLZS AND YIL11 PLANTS, THE
EXAMINATION, GRADING, LABELING AND PLACARDING, PASTEURIZATION,
REGRADING, DISTRIBUTION, AND SALE OF MILK AND MILK PRODUCTS,
PROVIDING FOR THE PUBLISHING OF MILK GRADES, C014STRUCTION OF
FUTURE DAIRY AND LILK PLANTS, PROVIDING PENALTY FOR VIOLATION
HEREOF, nh-'GI 'DIIZ ORDINANCE NO 11, 1917, AND ORDINANCE NO 392
19231 AND REPE?..LING ALL ORDINANCES OR PhRTS 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 app y in the interpretation and the enforcement of this
ordinance
A 1vdLK Milk is hereby aef�ned to be the lacteal
secretion obtainea by the complete milking of one or more healthy
cows , excluding that obtained within 15 days before ana 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 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 CREA1v, AND SOUR CREAM Cream is a portion of milk wnich
contains not less than 18 percent milk fat Sour cream is cream
the aciaity of w,iich is more than 0 20 percent, expressed as
lactic acid
D SKI1fiiED MILK Skimmed milk is milk from wnich a sufficient
portion of milk fat has been removed to reduce its m-Llk-fat
percentage to less than 35 percent
E IFIILK OR SKI1v1�vLD-MILK BEVERAGE A milk beverage or a,
skimmed-milx beverage is a fooa compouna or confection consisting
of milk or 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 churning of milk or cream, or from the souring or treatment
by a lactic acid or other culture of milk, skimmed milk, re-
constituted skimmed milk, evaporated or condensed milk or skimmed
milk, or milk or skimmed-milk- powder It contains not less than
8 percent of milk solids not fat
c 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 CREAMS Reconstituted
or recombined milk is a product resulting from the recombining
of milk constituents 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 arced 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" snall be interpreted to inclucae goats.
d HOMOGENIZED MILK Homogenized mill- is milk which has
been treated in such 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 , noes not differ by more
than 5 percent of itself from the fat percentage of the remaining
milk as determines after thorough mixing
K MILK PRODUCTS Milk products shall be taken to mean
and include cream, sour cream, homogenized milk, goat milk,
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vitamin D milk, buttermilk, skimmed milk, reconstituted or
recombined milk and cream, milk beverages , skimmed-milk beverages ,
and any other product maae by the aaaition of any substance to
milk or any of these products and used for similar purposes and
designated as a milk product by the food inspector
L PASTEURIZATION The terms "pasteurization, " "pasteurized, "
and similar terms shall be taken to refer to the process of
heating every particle of milk or milk products to at least 1430
F , and holding at such temperature for at least 30 minutes , or
to at least loO` F , ana holding at such temperature for at least
15 seconas , in approved and properly operated equipment
PROVIDED, That nothing contained in tnis definition shall be
construed as disbarring any other process which has been demon-
strated to be equally efficient and is approved by the State
nealth authority
Iai 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 PCELK 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 is any person
who offers for sale or sells to another any milk or milk proaucts
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
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establishment 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 health authority of the City of Fort Collins , or his
authorized representative , as definea in Section 1 of Ordinance
No 11, of the Series of 1917,
S AVERAGE BACTERIAL PLATE COUNT, DIRECT MICROSCOPIC COUNT,
REDUCTION T=.E, AND COOLING TEMPERATURE Average bacterial
plate count 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 gracing period sha11L, be such
period of time as the food inspector may designate within which
grades shall be determines 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 f1
V AND/'OR Where the term "and/or" is used "and" shall_
apply where possible , otherwise "or" shall apply
SECTION 2 THE SALE OF ADULTIATED, MISBRANDED, OR UNGRADED
TVIILK OR MILK PRODUCTS PROHIBITED No person shall within the
City of Fort Collins, or its police jurisdiction, produce, sell,
offer, or expose for sale, or have in possession with intent
to sell , any milk or milk product which is adulterated, mis-
branded, 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
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SECTION 3 PERPiITS It shall be unlawful for any
person to bring into or receive into the City of Fort Collins ,
or its police jurisdiction, for sale, or to sell , or offer for
sale therein, or to have in storage where milk or milk products
are sola or served, any milk or milk product definea in this
ordinance , who does not possess a permit from the food inspector
of the City of Fort Collins
Only a person who complies with the requirements of this
ordinance shall be entitled to receive and retain such a permit.
Such a permit may be suspended by the fooa inspector or
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revoked by the City Council after an opportunity for a hearing
before the City Council, upon the violation by the holaer of any
of the terms of this ordinance
SECTION 4 LABELING AND PLACARDING From and after '
24 months from the date on which this orainance takes effect, all
bottles , cans , packages, ana other containers enclosing milk or
any milk product definea 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 Talk" and the source of the
vitamin D The label or mark shall be in letters of a size,
king, ana color approvea by the fooa inspector ana shall contain
no marks or viords which are misleading, and
Every restaurant, cafe, soda fountain, or otner establish-
ment serving milk or milk products shall aisplay at all times,
in a place designated by the food inspector , a notice approvea by
the food inspector stating the lowest grade of milk and/or milk
products served
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c SECTION 5 INSPECTION OF DAfRY FARMS AND MILK PLANTS
FOR-THE PURPOSE 6F GRADING OR REGRADING At least once auring
each grading period the food inspector shall inspect all dairy
farms and all milk plants wpose milk or milk proaucts are in-
tenaed for consumption within the City of Fort Collins , or its
police jurisdiction In case the food inspector discovers the
violation of any item of sanitation, he shall make a second in-
spection 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 secona inspection shall be used in determining the grade
of milk and/or milk products Any violation of the same item
of this ordinance on two consecutive inspections 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 aairy farm or milk plant building, and said inspection
report shall not be defaced 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
During each grading perioa at least four samples of milk and cream
from each dairy farm and each milk plant shall be taken on
separate days and examined by the food inspector Samples of other
milk products may be taken and examined by the food inspector
as often as he deems necessary Samples of milk and milk pro-
aucts from stores , cafes, soda fountains, restaurants, and other
places where milk or milk proaucts are sold shall be examinea as
often as the fooa inspector may require Bacterial plate counts
and airect microscopic counts shall be made in conformity with
the latest stanaard methods recommended by the American Public
Health Association Examinations may include such other chemical
and physical aeterminations as the food inspector may deem necessary
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for the detection of adulteration, these examinations to be
made in accordance with the latest standard metboas of the
American Public Health Association and the Association of Official
Agricultural Chemists Samples may be taken by the food in-
spector 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
Whenever the average bacterial count, the average reduction
time, or the average cooling temperature falls beyond the limit
for the grade then held, the food inspector shall send written
notice thereof to the person concerned, and shall take an
additional sample, but not before the lapse of 3 nays , for deter-
mining a new average in accordance with section 1 (S) Violation
of the grade requirement by the new average or by any subsequent
average during the remainder of the current gracing period shall
call for immediate degrading or suspension of the permit, unless
the last individual result is within the grade limit
SECTION 7 THE GRADING OF MILK AND MILK PRODUCTS At
least once every 6 months the food inspector shall compute the
average grades of all milk and milk products delivered by all
distributors and ultimately consumed within the City of Fort
Collins , or its police jurisdiction Saia graaes shall be oased
upon the following standards , the grading of milk products being
identical with the grading of milk except that the bacterial
standards shall be doubled in the case of cream, and omitted in
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the case of sour cream and butter-milk Vitamin D milk
snall be only of grade A pasteurized , certifl-d , or grade
A raw quality
CERTIFIED IVIILK-RAW Certified milk-raw is raw milk
which conforms with the requirements of the American Association
of Medical Iv.ilk Commissions in force at the time of production
ana is produced under the supervision of a medical milk commission
and of the State board of nealth or of zhe city food inspector
GRADE A RAW MILK Grade A raw milk is raw milk the
average bacterial plate count of which as determined under
sections 1 (S) and 6 of this ordinance does not exceed 50 ,000
per cubic centimeter, or the average airect microscopic count of
whicli does not exceed 50,000 per cubic centimeter if clumps are
counted or 200 ,000 per cubic centimeter if indiviaual organisms
are counted, or the average reduction time of which is not less
tnan 8 hours PROVIDED, That if it is to be pasteurized the
corresponding limits shall be 200 ,000 per cubic centimeter ,
200,000 per cubic centimeter, 800,000 per cubic centimeter, and
6 hours respectively , and which is produced upon dairy farms
conforming with all of the follotiving items of sanitation
ITEM lr COVVS, TUBERCULOSIS AND OTHER DISEASES Except
as proviaed hereinafter, a tuberculin test of all heras and additions
thereto shall be maae before any milk therefrom is sold, and at
least once every 12 months thereafter, by a licensed veterinarian
approved by the State livestodk sanitary authority Said tests
shall be made ana reactors disposed of in accordance with the
requirements approved by the United States Department of Agriculture,
Bureau of Animal Industry , for accredited herds A certificate
signed by the veterinarian or attested to by the food inspector
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and filed with the food inspector shall be evidence of the
above tests
After the aaoption of this ordinance all milk ana milk
products consumed raw shall be from herds or adaitions thereto
which have been found free from Bangis disease, as shown by
blooa serum tests for agglutinins against BkUCELLA ABORTUS made
in a laboratory approved by the food inspector All such herds
shall be retested at least every 12 months and all reactors re-
movea from the herd A certificate iaentifyirg each animal by
number, ana signed by the laboratory making the test , shall be
evidence of the above test
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 oVierwise ab-
normal 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
For other diseases such tests and examinations as the
food inspector may require shall ce made at intervals and by methods
prescribed by him, ana 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 such sections thereof where cows
are milked winaows shall be provided ana kept clean and so arranged
as to insure adequate light properly distributed, and when necessary
shall be provided with adequate supplementary artificial light
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ITEM 3r DAIRY BARN, AIR SPACE AND VENTILATIOIT Such
sections of all aairy barns where cows are kept or milked shall
be well ventilated and shall be so arranged as to avoid over-
crowding
ITEih 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, shall Ue graded to Grain 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 5r DAIRY BARN, WALLS AND CEILINGS The walls
and ceilings of all dairy barns shall be whitewashed once each
year or painted once every 2 years, or oftener , if necessary , or
finished in an approved manner, and shall be kept clean ana in
good repair In case there is a second story above that part of
the barn in which cows are milked , the ceiling shall be tight
If the feed room adjoins the milking space, it shall be separated
tnerefrom by a dust-tight partition and door No feed shall be
stored in the milking portion of the barn
ITEM 6r DAIRY BARN, COWYARD All cowyards shall be
graded and drained as well as practicable and kept clean
ITEPrI 7r 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 tteieof
ITMI Sr MILK HOUSE OR R00m, CONSTRUCTION There shall
be provided a milk house or milk room in which the cooling,
handling, and storing of milk and milk products and the washing,
bactericidal treatment, and storing of mill containers and utensils
shall be done (a) The milk house or room snall be provided
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with a. tight floor constructed of concrete 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
approvea manner ( c ) It snail 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 approvea by the food inspector , shall not open directly
into a stable or into any room used for domestic purposes , shall,
unless the milk is to be pasteurized , 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-compart-
ment stationary wash and rinse vats, except that in the case of
retail raw milk, if chlorine is employed as the principal bac-
tericidal treatment, the three-compartment type must be used,
and shall, unless the milk is to be pasteurized, be partitioned
to separate the handling of milk ana the storage of cleansed
utensils from the cleaning and other operations, which shall be so
located ana conducted as to prevent any contamination of the milk
or of cleaned equipment
ITEM 9r MILK HOUSE OR ROOM, CLEANLIIV'ESS 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 TOILET Every dairy farm shall be provided
with one or more sanitary toilets conveniently located and properly
constructea, operated, and maintained , so that the waste is in-
accessible to flies and aoes not pollute the surface soil or
contaminate any water supply
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IMT 13ir WATER SUPPLY The water supply for the
milk room and dairy barn shall be properly located, constructed
and operatea, ana shall be easily accessible, adequate, and of
a safe sanitary quality
IM 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 ana of such construction as to be easily
cleanea, ana must be in good repair Joints and seams shall be
soldered flush cloven 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 handling of single-service containers and container caps and
covers shall be conaucted in a sanitary manner
ITEM 13r UTENSILS, CLEANING All mu]Lti-use containers ,
equipment, and other utensils used in the handling, storage, or
transportation of milk and milk products must be thoroughly
cleaned after each usage
ITEM l4r UTENSILS, BACTERICIDAL TREAMIERT All
multi-use containers , equipment,, and other utensils used in the
handling, storage, or transportation of milk or milk products
shall between each usage be subjected to an approved bactericidal
process with steam, hot water, chlorine, or hot air
ITEH L5r 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 con-
taminated before being used
ITFd 16r UTENSILS, HANDLIAG 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 contact with any surface with which milk
or milk products come in contact
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ITEM L7r MILKING, UDDERS AND TEATS, ABhORYIAL idILK
The uaders 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 infection 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
ITE6I 19r MILKERS' HAA�S Milkers , hangs shall be
clean, rinsed with a bactericidal solution, and dried with a_ clean
towel immediately before milking and following any interruption
in the milking operation Xet-hand milking is prohibited Con-
venient facilities shall be provided 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 proaucts , containers , utensils, oz equipment
ITEiVT 21r MILK STOOLS )?Milk stools shall be kept clean
ITEM 22r REMOVAL OP 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
ITi'EM 23r COOLING bilk must be cooled immediately after
completion of milking to 50° F or less , and maintained at that
average temperature, as defined in section 1 (S) , until delivery
If milk is delivered to a milk plant or receiving station for
pasteurization or separation, it must he delivered within 2 hours
after completion of milking or cooled to 600 F or less ana main-
tained at that average temperature until delivered
ITEM 24r BOTTLING AND CAPPING Milk and milk products
shall be bottled from a container with a readily cleanable valve,
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or by means of an approvea bottling machine Bottles shall be
capped by machine Caps or cap stock shall be purchased in san-
itary containers ana kepttherein in a clean dry place until used
IMi 25r PE'RSONhEL, HEALTH The food inspector or
a physician authorized by him shall examine and take a careful
morbidity history of every person connected with a retail raw
dairy , or about to be employed, whose work brings him in contact
with the production, handling, storage, or transportation of milk,
milk products , containers , or equipment If such examination
or history suggests that such person may be a carrier of or in-
fected 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 person shall be barred from such emplayment..
Such persons shall furnish such information, submit to
such physical examinations , and submit such laboratory specimens
as the food inspector may require for the purpose of determining
freedom from infection
IMI 26r MISCELLANEOUS All vehicles used for the
transportation of milk or milk products shall be so constructed
and opezatea 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 aelivery containers shall be constructed
with permanent tops and with permanent or roll-down sides ana back,
provided that openings of the size necessary to pass the delivery
man be permitted in the sides or back for loading ana unloading
purposes All vehicles shall be kept clean, and no suostance
capable of contaminating milk or milk products shall be transported
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with milk or milk products in such manner as to permit contam-
ination All vehicles used for the distribution of milk or
milk products shall have the name of the distributor prominently
displayed
The immediate surroundings of the dairy shall be kept
in a neat , clean condition
CERTIFIED IELK-PASSTEURIZED Certified milk-pasteurized
is certified milk-raw whicn has been pasteurized, cooled, and
bottlea in a milk plant conforming with the requirements for grade
A pasteurized milk
GRADE A PASTEURIZED MILK Grade A pasteurizea milk is
grade A raw milk, with such exceptions as are indicates if the
milk is to be pasteurizea , 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 determines 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 partitioning 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 ana easily cleanea 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 hanaled or stored or
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in which milk utensils are wasted shall have a smooth, nashable,
light-colored surface and snail 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 lighten and ventilated
I1EM 5P MISCELLANEOUS PROTECTIOIST FROM CONTAI11IrTATION
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 means necessary for the elimination of flies shall
be used There shall be separate rooms for (a) the pasteurizing,
processing, cooling, and bottling operations , ana ( 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 permitted to
come in contact -with equipment with which unpasteurized milk
or milk products have been in contact, unless such equipment has
first 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 processing of
milk and milk products and the operations incident thereto,
except as may be approved by the food inspector
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I MI 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 airectly
into any room in which milk, milk products , equipment, or con-
tainers are handlea 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 snall be separat6 from the
building, and shall be of a sanitary type, constructea and operated
in conformity with the requirements of item lOr, grade A raw milk
ITEhI 7p WATER SUPPLY The water supply shall- be
easily accessible, adequate, and of a safe , sanitary quality
ITMI Sp HAND-WASHING FACILITIES Convenient hand-
washing facilities shall be providea, including warm running water,
soap, and approved sanitary towels The use of a common towel is
prohibited
IT MT, 9p SANITARY PIPING All piping used to conduct
milk or milk products shall be "sanitary milk pipings' of a type
which can be easily cleaned with a brush Pasteurized milk and
milk products shall be conaucted from one piece of equipment
to another only tnrough sanitary milk- piping
ITEM 10pi, CONSTRUCTION AID REPAIR OF CON"TAINE tS AND
EQUIPIENT All multi-use containers and equipment with which milk
or milk proaucts come in contact shall be constructed in such
manner as to be easily cleanea ana shall be kept in gooa repair
The manufacture, packing, transportation, ana handling of single-
service containers ana container' caps ana covers shall be conducted
in a sanitary manner
ITEM 11p DISPOSAL OF WASTES All wastes stall be
properly disposed, of
ITEM 12p CLEANING AND BACTERICIDAL TREATiU]E'NT OF CON-
TAINERS AND EQUIPMENT All milk and milk products containers and
equipment, except single-service containers , shall be thoroughly
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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 L3p STORAGE OF CONTAINERS AND EQUIFivIENT After
bactericidal treatment all bottles, cans , and other multi-use
milk or milk-products containers and equipment shall be stored
in such manner as to be protected from contamination
ITEM 14P HAITDLING OF CONTAINERS AIM EQUIPMENT Be-
tween bactericidal treatment and usage, and during usage, containers
and equipment shall not be handled or operated in such manner as
to permit contamination of the milk
ITEM 15P STORAGE OF CAPS, PARCHMENT PAPER, AND SINGLE-
SERVICE COYTAI17ERS. 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 per-
formed as described in section I (L) of this ordinance
ITEM 17/p 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 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 Section 1 (S) , and maintained
thereat until delivery
ITMI 1-8p BOTTLING Bottling of milk and milk products
shall be done at the place of pasteurization in approved mechanical
equipment
ITEM 19p OVERFLOW MILK Overflow silk or milk products
shall not be sold for human consumption
18
ITEM 20p CAPPING Capping of milk and milk proaucts
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 diameter
ITEDI 21p PERSONNEL, HEALTH The food inspector or
a physician authorized by him shall examine ana take a careful
morbidity history of every person connected with a pasteurization
plant, or about to be employea, whose work brings him in contact with
the production, handling, storage, or transportation of milk,
milk products , containers , or equipment If such examination or
history saggests tnat such person maybe a carrier of or infected
with the organisms of typhoid or paratyphoia fever or any other
communicable aiseases likely to be transmitted through miik, 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 person 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 Inspector may require for the purpose of determining
freedom from infection
IT EN, 22p PERSONi\M, CLExNL1NESS All persons coming
in contact witn milk, milk proaucts , containers , or equipment shall
wear clean outer garments ana srall keep their hands clean at all
times while thus engagea
ITMA 23p MISCELLANEOUS A.11 vehicles used for the
transportation of milk or milk products shall be so constructed
and operatea as to protect their contents from the sun ana from con-
tamination All vehicles 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 siaes and back,
provided that openings of the size necessary to pass the delivery
119
man may be permitted in the sides or back for loading ana un-
loading purposes All vehicles shall be Dept clean, and no sub-
stance capable of contaminating milk or milk products shall be
transported with milk or milk products in sucn manner as to per-
mit contamination All vehicles used for the distribution of
milk or milk products shall have the name of the distributor
prominently displayed
Tne 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 From and after 24 months from the date on which
this ordinance takes effect no milk or milk products shall be
sold to the final consumer or to restaurants , soda fountains ,
grocery stores , or similar establishments except Grade A milk,
PROVIDED, That when any milk distributor fails to qualify for
a perioa of 30 days after notice thereof by the food inspector
for the above grade the City Council is autnorized to revoke
his permit
SECTION 9 TRANSFERRING OR DIPPING MILK, DELIVERY
CONTAINERS; HANDLING OF MORE THAN ONE GRADE, DELIVERY OF MILK
AT QUARANTINED RESIDENCES Except as permitted in this section,
no milk producer or distributor 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 bottling or milk
room especially used for that purpose The sale of dip milk
is hereby prohibited
20
All pasteurized milk and milk products shall be
placed in their final delivery containers in the plant in
which they are pasteurized, and all raw milk and milk products
sold for consumption in the raw state shall be placed in their
final delivery containers at the farm at which they are pro-
duced Milk and milk products sold in the distributorts con-
tainers in quantities less than 1 gallon shall be delivered
in standara 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 proauct except in the original container in which
it was received from the distributor or from a bulk container
equipped with an approved dispensing device PROVIDED, That
this requirement shall not apply to cream consumed on the
premises , which may be servea 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 products whicn have not been maintained,
while in its possession, at a temperature of 500 F or less
No milk or milk products stall be permittea 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
2L
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 mills or
milk proaucts 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, processing, or transporting of
milk or milk proaucts shall not be used for any other purpose
without the permission of the food inspector
The delivery of milk or mllk products to and the collection
of milk or milk-products containers from residences in w1lich cases
of communicable disease transmissible through milk supplies
exist shall be subject to the special requirements of the food
inspector
SECTION 10 MILK AND IviILk PRODUCTS FROM POINTS BEYOND
TIE LIMITS OF ROUTINE INSPECTION Milk ana milk products from
points beyond the limits of routine inspection of the City of
Fort Collins may not be sold in the City of Fort Collins
SECTION 11 FUTURE DAIRIES AND MILK PLANTS All
aairies ana milk plants from which milk or milk proaucts are
supplied to the City of Fort Collins which are hereafter constructed,
reconstructed, or extensively alterea shall conform in their
construction to the requirements of this ordinance for grade A
dairy farms producing milk for consumption in the raw state, or
for grade A pasteurization plants , respectively PROVIDED, That
the requirement of a two-room milk house shall be waived in the
case of dairies the milk from which is to be pasteurized Properly
prepared plans for all dairies and mill plants which are hereafter
constructed , reconstructed, or extensively altered shall be
submitted to the fooa inspector for approval before work 13 begun
In the case of milk plants signed approval shall be obtained from
the fooa inspector and/or the State health department
22
SECTION 12 NOTIFICAITION 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 INFECTIGN SUSPECTED When
suspicion arises as to the possibility of transmission of in-
fection from any person concerned with the handling of milk or
31
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)
adequate medical and bacteriological examination of tie person,
of his associates , ana of his and their body discharges
SECTION 14 VILK PRODUCERS' LICENSF After January
11 1947, no milk or milk products shall be received, sold or
distributed witnin 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 adaress 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,
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
2-3
SECTION 15 ENFORCEMENT INTERPRETATION This
ordinance shall be enforced by the food inspector in accordance
with the interpretations thereof contained in the 1939 edition
of the United States Public Health Service IvIiik Code, as amended,
a certified copy of wnich snall be on file in the city clerks
office
SECTION 16 PENALTY Any person, firm or corporation
who shall violate any provision of this ordinance shall upon
con,wiction be fined not more than $300 00 Each and every
violation of the provisions of this ordinance shall constitute
a separate offense.
SECTION 17 AYMIDMENT AND REPEEIL Orainanc e No 1L
of the Series of 1917, ana Orainance No 39 of the Series of 1923 ,
are hereby amended as in this Ordinance provided, and Sections
5 to 14 inclusive of Ordinance No 11 of the Series of 1917) and
Sections 7, 8, 19(a) and 19(b) of Ordinance No 39 of the Series
of 1923 , and all other sections , ordinances ana parts of ordinances
in conflict with this Ordinance, are hereby repealed
SECTION 18 DATE OF EFFECT In the opinion of the
City Council an emergency exists for the preservation of the
public health, peace ana safety , ana this ordinance shall take
effect upon its passage under and by virtue of the authority
contained in Sections 6 and 7 of Article IV of the City Charter
SECTION 19 UNCONSTITUTIONALITY CLAUSE Should any
section, paragraph, sentence , clause, or phrase of this ordinance
be -declarea unconstitutional or invalid foi any reason, the re-
mainder of said ordinance shall not be affected thereby.
24
Introduced, read at length, and adopted by the unani-
mous vote of all members of the CiLy Council , at a regular
meeting of the City Council, hela this `'_ day of ,
A D 1946
Mayor a
Attest
�&F& C;;
City Clerk
25
STATE OF COLORADO, )
ss
County of Larimer )
I, b4ILES F HOUSE, City Clerk of the City of Fort
Collins , do hereby certify and declare that the aforesaid
Ordinance, consisting of nineteen Sections, was duly proposed
ana read at length at a regular meeting of the City Council,
held on the �=day of A D 1946, and was
duly adopted ana ordered published in the Fort Collins Coloradoan,
a daily newspaper and official newspaper of the City of Fort
Collins, by the unanimous vote of all members of the City Council,
as an Emergency Ordinance, in accordance with the provisions
of Sections 6 and 7 of Article IV of the City Charter , and there-
after ana on, to-wit the A day of 1 ,
A D 1946, said Ordinance No $ was duly published in
the Fort Collins Coloradoan, a daily newspaper published in
the City of Fort Collins , Coloraao
IN WITNESS 4d=OF, I have hereunto set my hand and
affixed the seal of said City, this day of ,
A D 1946
��
City Clerk