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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, 2 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 3 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 4 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 1 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 5 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 6 f 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 7 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 8 i r � i 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 9 t 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 10 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 ]I.1_ 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 ]2 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, 13 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 14 Y v v Y 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 15 i 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 IL6 J 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 17 i 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