HomeMy WebLinkAbout011 - 04/23/1916 - RELATING TO FOOD; CREATING THE OFFICE OF FOOD INSPECTOR, AND REGULATING HIS DUTIES CONCERNING THE IN ORDINANCE NO. / ( 1917
RELATING TO FOOD; CREATING THE OFFICE OF FOOD INSPECTOR, AND REGU-
LATING HIS DUTIES CONCERNING THE INSPECTION OF FOODS WITHIN
THE CORPORATE LIMITS OF THE CITY OF FORT COLLINS.
BE IT OF.DAINED BY THE CITY COUNCIL OF THE CITY OF FORT COLLINS:
Section 1. There is hereby created the office of Food Inspec-
tor, whose duties shall be as hereinafter prescribed. The Food
Inspector shall be appointed by the City Council upon the recom-
mendation of the Commissioner of Safety and Ex Officio Mayor. He
shall be a graduate veterinarian with a scientific and practical
knowledge of food, meat and milk inspection, and qualified to
make analyses of milk and having the necessary scientific and
practical knowledge of all diseases of meat- and milk- roducing
animals. He shall hold his office at the pleasure of the City
Council and subject to removal as provided in the City Charter,
with or without cause. Before entering upon the duties of his
office he shall file in the office of City Clerk his oath of
office, together with a bond in favor of the City of Fort Collins
in the penal sum of One Thousand Dollars (,�w'1,000), with sureties
to be approved by the Commissioner of Safety and Ex Officic Mayor,
which bond shall be conditioned for the faithful performance of
the duties of his office, and that he will deliver to his successor
in office all books, papers and official files connected with said
office; that he will pay over to the City Treasurer and duly
account for all moneys received by him in discharge of the duties
of his office. The salary of the Food Inspector shall be as
fixed by ordinance.
Section 2. The Food Inspector shell be subject Wt all times
to the control and supervision of the City Council under the
immediate direction and control of the Commissioner of Safety and
Health and Ex Officio 11aycr. It shE.11 be his duty to examine and
inspect all articles of food kept or offered for sale within the
corporate limits of the City of Fort Collins, and if upon inspec-
tion he shall find any such food unfit for human consumption he
shall condemn the same and order the same destroyed, or so treated
as to render the same vunmarketable for human consumption. He
shall keep a record of all condemned foods so determined by him
and make a monthly report thereof to the City Council upon a form
prescribed for that purpose. He shall furthermore keep a record
of all other inspections made by him in the discharge of his
duties under this ordinance, end for that purpose shall have a
record book which shall ccnstitute a permanent record of the
acts and doings of his office, and matte an annual report for the
calendar year on or before February let in each year. It shall
be his duty to appoint tot to exceed two deputy food inspectors,
subject to the approval of the City Council, who shall receive
such compensation for their duties as may be fixed by ordinance.
Such deputy food inspectors shall have all the powers conferred
upon the Food Inspector when in active duty, as provided in this
ordinance, but shall at all times be subject to the direction and
control of the Food Inspector under the general supervision and
control of the Commissioner of Safety and Ex Officio Mayor.
Section 3. No person shall sell or offer for sale, or cause
to be sold or kept for sale, or given away, any milk, cream or
buttermilk for human food, within the corporate limits of the
City of Fort Collins, without first having obtained a license
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
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license shall make application in writing therefor to the City
Clerk, ,which application shall be upon a printed form to be
furnished by the Commissioner of Safety and Ex Officio Mayor,
and such applicant, if an individual, shall state therein his
full name and address, and if a corporation shall state the full
name and residence of each of its officers. Such application
shall also state the location of the place at which it is desired
to carry on such business; also the number of cows oro:ned or con-
trolled by the applicant. Upon such application being filed
with the City Clerk, the Food Inspector, or his deputies, shall
lnvibstigate the place of business described in such application
and the wagons or other vehicles intended to be used by such
applicant. The Food Inspector or his deputies shall report the
result of such investigation to the City Clerk, and if such place
of business and such vehicles shall be found by said Food Inspector
to be in a sanitary condition "nd fit for the uses to which they
are intended to be put, the Commissioner of Safety may thereupon
authorize the City Clark to 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 axe issued.
Section 4. Every person or corporation receiving a license
under this ordinance shell keep the same in a conspicuous plc:.ce in
the room or place for which it was granted; and every person
authorized to peddle milk or cream, or either thereof, from a
wagon, shall cause the name of the person and number of the license
to be plainly printed in letters and figures at least one and one-
half (11) inches in height in a conspicuous place on the wagon.
In case the licensee shall ship or bring milk and crease, or
either of them, into the city by express or otherwise, the number
of the license shall be placed on every can, and he shall keep
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the some plain and distinct during the time for which such
license is in force and effect .
Section 5. Every person licensed under the provisions of
this ordinance who is engaged in or carrying on the business of
vending milk and cream, or either of them, within the corporate
limits of the City of Fort Collins, shall keep all cans and
other receptacles used in and about the handling of milk and
cream, or either of them, and all refrigerators, or compartments
and stores or other places where milk and oregm, or either of
them, is kept, stored or handled, in a scrupulously neat and
clean condition and free from the presence or vicinity of any
article or thing likely to contaminate or injuriously affect
the quality or sweetness of the milk or cream, and shall cause
all bottles, cans, dippers or other receptacles in which milk
or cream is kept, to be sterilized with boiling water or live
steam befure using again, and shall cause all bottles, cans,
dippers or other vess&ls used in or about the peddling or
vending of milk and cream to be scalded or sterilized daily;
and all sterilizing and cleansing required by this section shall
be done as the Food Inspector or his deputies may direct.
Section 6. No person shall deliver or bring into the
City of Fort Collins for sale any milk or cream unless the same
is contained in a can or receptacle sealed with a metal seal
by the shipper thereof, and such can or receptacle shall have
such seal intact at the time it is brought into the city. No
person shall sell, offer for sale or dispose of or deliver to
any person any milk or cream, or have any milk or cream in his
possession with the intent to sell, offer for sale or deliver
to any person, which he known or has reason to believe was
received in or brought into the city in a can or receptacle which
did not have its seal intact.
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Section 7. It shall be the duty of the Food Inspector or
his deputies to visit and inspect all places and vehicles in which
milk and efeam, or either of them, is sold or offered for sale,
stored or kept or delivered, and inspect all vessels, cans,
receptacles, packages, refrigerators or compartments in stores or
buildings, platforms, establishments or places of any kind con-
taining milk or cream, and to ascertain the condition thereof with
reference to cleanliness and sanitation, and to cause the removal
and abatement of any unfit, unclean or injurious conditions
attending the keeping, storin{; or possession, care, custody or
control of any milk or cream at any and in all places.
Section 8. The City Health Officer, the Food Inspector, or
his deputies, or any police officer authorized by the Commissioner
of Safety and Ex Officio Mayor, shall have the right and power
to enter and have full access to all wagons, railroad care or
other vehicles of any kind used for the conveyance or delivering
of milk or cream within the corporate limits of the City of Fort
Collins, and shall have the right to take samples of milk and
cream therefrom, such samples not to exceed one quart, for the
purpose of inspecting, testing or analyzing the same.
Section 9. No person licensed under this ordinance shall
keep, sell or offer for sale, or have in his possession, charge
or control, for sale within the corporate limits of the City of
Fort Collins, any milk which contains more than eighty-eight
per cent (88p) of watery fluid, or less than twelve per cent (12%)
of butter fat_
of total solids, or less than three and four-tenths (3.4) per cenf, ✓
or more then 100,000 bacteria per cubic centimeter. No person
licensed under this ordinance shall keep, sell, offer for sale or
have in his possession, charge or control, for sale within the
corporate limits of the City of Fort Collins, any cream which
contains less than fifteen per cent (15%) of butter fat. No
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butter shall be sold or offered for sale within the corporate limits
of the city of Fort Collins unless it has stamped thereon in plain
letters and figures the name of the maker and the date of manufacture .
Section 10. No person shall sell or offer for sale within the
corporate limits of the City of Fort Collins, any milk from which the
cream or any part thereof shall have been taken, unless such milk
shall be offered for sale and sold by such person as "skimmed milk, "
and unless the cans or other receptacles containing such milk shall
have painted or printed on the outside thereof the words "Skimmed
milk, " in plain, black letters, to be kept plainly visible at all
times; and no such person shall sell, offer for sale or deliver any
skimmed milk containing less than eight and eight-tenths per cent (8. 8)
of total solids other than butter fat .
Section 11. Whoever, by himself or by his servant or agent,
or as agent or servant or employe of any other person, sells, offers
for sale or delivers within the corporate limits of the City of Fort
Collins any milk, cream or skimmed milk for human food which is
unclean, diluted, impure, unwholesome, adulterated, or not of the
standard provided fof by this ordinance, or milk or cream produced
from sick or diseased cogs, or from tors kept in an unclean, filthy
and unhealthy condition, or cows fed any garbage, swill, refuse, or
other improper food; or milk or cream that has been exposed or con-
taminated or affected by discharges or exhalations or any human being
or animal, sick or infected, shall on conviction, be fined in a sum
not less than five dollars ($5) nor more than twenty-five dollars
($25) for the first offense , and for each subsequent offense not
less than twenty dollars (41;.20) nor more than one hundred dollars ($100) .
Section 12. All milk or cream from sick or diseased cows, or
cows fed on slope, or that may injuriously affect or be detrimental
to life and health, shall upon discovery thereof, be confiscated or
forfeited by or under the direction of the Food Inspector or his
deputies. -6-
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Section 13. Every person owning, keeping or in possession,
charge or control of any cow stable or dairy where milch cows are
stabled or kept, or from which milk is sold within the corporate
limits of the City of Fort Collins, shall have such stable or
dairy cleaned daily in a thorough manner, and the accumulations
of manure shall be kept in a tight-covered box in or near the
alley, and such manure shall be removed as often as once a week;
and shall maintain the premises thereof free from any accumulations
of refuse matter or offal.
Section 14. All dairy cows which produce milk for the market
of the City of Fort Collins shall be free from all disease that
would in any way affect the milk, such as tuberculosis, anthrax,
lumpy jaw, garret, cowpox, enteritis, septic metritis, suppurative
processes, pneumonia, parturient appoplexy, malignant catarrh;
and the words "dairy cow" are hereby defined to include the
private cow from which milk is sold. No cow shall be used in
any dairy which supplies milk for private consumption or use, or
for sale within the corporate limits of the City of Fort Collins,
unless such cow has been tested with tuberculin for tuberculosis
by the Food Inspector or his deputies, or a specially designated
deputy food inspector for this purpose only, and no milk shall be
sold within the corporate limits of the City of Fort Collins from
any dairy unless a certificate of the Food Inspector or his deputies,
or a specially designated deputy food inspector for this purpose
only, shall have been filed with the City Clerk showing that all
the cows in said dairy have been tested and are free from all the
diseases mentioned heroin; and this inspection and certificate shall
be made and issued upon date of inspection without expense to the
owner, but such owner shall file the certificate with the City Clerk
within ten days after the same is issued. Such certificate
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shall be filed at least once a year, and at such other times as
the Food Inspector or his deputies shall direct. No milk shall
be sold, offered for sale or given away within the corporate limits
bf the City of Fort Collins, from any cow not so examined.
Additional certificates shall be immediately filed for cows- added
to any dairy. It shall be the duty of the City Clerk to keep
a permanent record of all such certificates. Cows found to be
affected with any of the foregoing, diseases shall be marked or
branded for identification by the Food Inspector, or his deputies,
in such a manner as to make the same complete and certain, and
cows which have passed inspection shall be so branded or marked
as to show, that they have passed inspection. No milk shall be
sold or given away from a cow which shall calve within two weeks
or has calved within one week. If any cow be sick or diseased,
the owner thereof shall not offer for sale or give away any milk
therefrom, but shall at once destroy such milk or cream and shall
notify the Food Inspector at once of the fact of such sickness or
disease. The Food Inspector or his deputies shall have power
to compel the isolation from the herd of cows suffering from
contagious diseases. No milk or cream shall be sold, given away
or delivered which shall be produced from any house or premises
where there is a communicable disease affecting the cows or those
in charge of same.
Section 15. Every person desiring to engage in the business
of selling ice within the corporate limits of the City of Fort
Collins, shall, before engaging in such business, file a written
application with the City Clerk for a license therefor, stating
in such application the name of the applicant, whether the ice is
manufactured, and if not, where the same is to be or has been out
and gathered and the number of wagons or vehicles intended to be
used by said applicant for the ,d811very thereof. All licenses
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granted under this section shall, unless sooner suspended or
revoked, expire on the 31st duy of December next after the issue
thereof.
Section 16. All ice sold and delivered within the corporate
limits of the City of Fort Collins for domestic use shall be pure
and free from matter deleterious to health, and such ice is hereby
defined to be ice which, upon chemical bacteriological examination, '
shall be found to be free from nitrites and pathogenic bacteria,
and net to contain more than 5-1000 of one part of free ammonia
and 5-1000 of one part of albumineid ammonia in 100,00C parts.
Section 17. It shall be the duty of the Food Inspector or
his deputies to cc.use to be examined ice offered for sale within
the corporate limits of the City of Fort Collins, c.nd the places
where ice is manufactured, stored and kept, and the wagons or
other vehicles from which it is sold or delivered, to ascertain
whether such ice is pure and ffee from matter hurtful to health
accordin; to the foregoing standard.
Section 18. Every person selling ice or offering ice for
sale, shall, at the time of delivery, if requested so to do by
the purchaser, weigh the quantity of ice delivered, and for th 't
purpose shall be provided with scales or other apparatus for
weighing ice, which shall have been duly adjusted by the person
charged with the duty of inspecting weights and measures within
the corporate limits of the City of Fort Collins.
Section 19. No meat shall be sold or offered for sale
within the corporate limits of the City of Fort Collins without
first having been inspected and approved by the Food Inspector
or his deputies. No person shall kill and dress any animal or
meat in any market or store, nor have nor permit to estbape therein
or within one hundred (100) feet thereof, any poisonous, noxious,
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or offensive substances, No blown, tainted, raised, stuffed,
diseased, putrid, impure, meagre, unhealthy or unwholesome meat
or fish, bird or fowl, or any unwholesome or decayed fruit,
berries or vegetables, shall be kept or sold, offered for sale
for human food, or held or kept in any market or any place within
the corporate limits of the City of Fort Collins. No calf, pig,
or lamb, nor meat thereof, shall be bought, sold or offered for
sale, for food in this city, which, being a calf, when killed was
less than four weeks old and when dressed shall weigh less than
seventy-five (75) pounds; or being a pig, was when killed less
than .five weeks old; or, being a lamb, was when killed less than
eight weeks old. Ido meat or dead animals above the size of a
rabbit shall be taken to any market or store until the same shall
have been fully cooled,nor until the entrails have been removed;
nor shall any unwholesome matter or thing be brought to or near
such market. No meat shall be bought tr sold for, food when
the same has been fed upon carrion, offal or dead animals.
It shall be the duty of the Food Inspector or his deputies
having knowledge of such facts, forthwith to seize and destroy
all such unwholesome meat and provisions, fruit, berries or
vegetables; and it shall be the duty of every person or persons
knowing of any food sold or offered for sale within the corporate
limits of the City of Fort Collins which is not sound or in a
healthy or wholesome condition, forthwith to report such facts
to the City Food Inspector or his deputies.
All meat in meat markets shall be kept in the coolers save
that which is displayed on the counters, and this shall be kept
covered with screens to protect it from flies and unnecessary
handling by prospective buyers. No dealer in meats shall keep
any refrigerator or ice boxes unless the same shall be lined with
lead or some proper substance, so as to be water-tight, nor unless
the same bd provided with a pipe of lead, zinc or copper leading
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therefrom to the proper waste pipe.
Section 20. No slaughtering, tanking or rendering shall
be permitted within the corporate limits of the City of Fort
Collins, nor within one mile of the cuter limits thereof,
without permit from the City Clerk issued upon the oPder of
the rood Inspector or his deputies, and all slaughter houses
shall comply with the following requirements: No slaughtering
shall be done in barns, sheds, or other buildings not de31 ned
end not suitable for slaughtering animals, and for the handling,
dressing and cooling of meats, nor shall any slaughtering be
done outside of a building. All slaughter houses shall have
suitable floors and shall be properly drained. All/slaughter
houses shall ave an abundant supply of water from an uncontaminated
source, and which may be supplied with adequate pressure through
a hose to any part of the room or rooms used for the slaughtering
or preparing meats for food. The floors shall be thoroughly
washed each day after slaughtering is completed. The walls and
exposed surfaces on the inside of the slaughter houses shall be
cleaned by washing or scraping as often as once in three months,
and if the surfaces are not painted, they shall be calcimined or
white-washed at least once in three months. Cooling and store
rooms for meat shall be properly ventilated. All offal and
refuse shall be remoled from the slaughter house on the day of
slaughtering and be disposed of in a sanitary manner. All
animals kept in yards attached to slaughter houses shell be
treated in a humane manner, and if kept there over twelve hours
shall be fed and watered; and no animal shall be killed while
such animal is in an overheated, feverish or diseased condition.
All slaughter houses from which meat is brought within the
corporate limits of the City of Fort Collins, which are not
under government inspection, shall be under the direct super-
vision of the Food Inspector . No person shall sell, or offer
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for sale within the corporate limits of the City of Fort Collins
any meat which does not bes the meat inspection brand or mark
of the Food Inspector of the City of Fort Collins, or of the
United States Department of Agriculture, or municipalities where
food inspection is maintained, and of which the food inspector
shall have approved. The Inspector shall have the power to
condemn and destroy, as provided in said regulation, all carcasses
or parts of carcasses found to be unfit for food. The inspector
shall be treated in a courteous manner, and any violation of the
rules and regulations shall be the cause for the withdrawal of
inspection from that place. The inspector shall direct such
disposition of such carcasses as he shall deem proper. , Every
dealer in meat within the corporate limits of the City of Fort
Collins shall cause the place where such meats are kept or offered
for sale to be thoroughly cleaned and purified at least once in
every twenty-four hours.
Section 21. Meats slaughtered outside the City of Fort
Collins and not in approved abattoirs and brought into the city
for sale, may be inspected and branded, or otherwise marked for
identification by the Food Inspector or his deputies, under the
follwwing rules, to-wit: All carcasses must have the head and
all viscera, except the stomach, bladder and intestines, held
together by natural attachment, and all such carcasses shall be
brought to such place at such time as may be designated by the
Food Inspector or his deputies, who shall be notified when such
meat is ready for inspection.
Section 22. Every person being the owner, lessee, or occupant
of any place, other than a private dwelling house, -,-There any meat,
fish, poultry, game, vegetables, fruit, or other perishable articles
of food shall be stored or kept, and every person engaged in the
care, custody or sale of any such artiolei'of food supply, shall
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put, preserve and keep such articles' in a clean and wholesome
condition, and shall not allow the same or any part thereof to
be putrid, decayed, poisoned, infected or in any other manner
rendered or made not safe or unwholesome for human food, and it
shall be the duty of the Food Inspector and his deputies to
enter any and all such premises at any time of any day, and to
condemn, seize and destroy any such putrid, decayed, poisoned or
infected food which may be found in such premises.
Section 23. No meat, fish, or any other article of food
or drink shall knowingly be bouht, sold, held or offered for
sale, labeled or any representation made in respect thereto
under a false name or quality, or any false representation
whatever respecting its wholesomeness for food or drink. No
bread shall be offered for sale unless the same shall be
wrapped with paraffin paper, and all bakers' goods in the stores
or while being delivered within the corporate limits of the
city, shall be protected from dust and flies by being kept in
t13ht boxes or glass cases.
Section 24. Any person, firm or corporation who shall
violate any of the provisions of this ordinance, excgpt as
herein otherwise provided, shall upon conviction, be fined in
any sum not less than five dollars M) nor more than one
hundred dollars ($100) .
Section 25. Ordinance No. 15, 1907, Relating to Food,
and all amendments thereto, and all ordinances or parts of
ordinances in conflict with this ordinance are hereby repealed;
but this repeal shall in no wise affect any penalty or cause
of action which may have accrued in favor of the City of Fort
Collins under said repealed ordinances prior to the taking
effect of this ordinance.
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Introduced and read first time and ordered published at
the adjourned regular meeting of the City Council held on the
3rd day of April, A. D.1917.
Passed and adopted this day of April, A. D. 1917.
Commissioner of Safety and
Ex Officio Mayor.
ATTEST:r,-
ciyCar .
STATE OF COLORADO, )
-86.
COUNTY OF LARIDIER. )
I, Ray Baxter, City Clerk of the City of Fort
Collins, Colorado, do hereby certify and declare that the
foregoing ordinance, consisting of twenty-six (26) sections,
was duly proposed and read at length at a regular meeting of
the City Council held on the 2nd d;:.y of April, A. D. 1917, and
was duly ordered by Aye and Nay note to be published once in
full in The Fort Collins Courier, a daily newspaper of the City
of Fort Collins, in accordance with the provisions of Section 7
of Article IV of the City C'ria,rter; that thereafter and on, to-wit
the '`day of April, 1917, tea$ at a regular meeting of the
City Council, said ordinance came before said council upon
final passage, a peri d of more than tan days having elapsed
since the ,-ablication as above set forth, and th ,t said or.-.inanee
was upon second reading duly adopted as an ordinance and duly
numbered and thereafter and on, to-wit, the � .', day
of April, 1917, said ordinance No. // as finally passed and
adopted was duly published in The Fort Collins Courier, a daily
hewspaper published in the City of Fort Collins, Colorado.
In Witness Whereof, I htLve hereunto set my hand AR&
this .' day of April, A. D. 1917.
�f City Clerk.