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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 -2- 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 -3- 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. -4- 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 -5- J 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- 1 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 -7- 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 -8- 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, -Q- 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 -10- 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 -11- 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 -12- 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 ($100) . Section 25. Ordinance No. 15, 1907, Relating to Food, and all amendments thereto, and all ordinances or parts of ordinances in conflict with this ordinance are hereby repealed; but this repeal shall in no wise affect any penalty or cause of action which may have accrued in favor of the City of Fort Collins under said repealed ordinances prior to the taking effect of this ordinance. -13- Introduced and read first time and ordered published at the adjourned regular meeting of the City Council held on the 3rd day of April, A. D.1917. Passed and adopted this day of April, A. D. 1917. Commissioner of Safety and Ex Officio Mayor. ATTEST:r,- ciyCar . STATE OF COLORADO, ) -86. COUNTY OF LARIDIER. ) I, Ray Baxter, City Clerk of the City of Fort Collins, Colorado, do hereby certify and declare that the foregoing ordinance, consisting of twenty-six (26) sections, was duly proposed and read at length at a regular meeting of the City Council held on the 2nd d;:.y of April, A. D. 1917, and was duly ordered by Aye and Nay note to be published once in full in The Fort Collins Courier, a daily newspaper of the City of Fort Collins, in accordance with the provisions of Section 7 of Article IV of the City C'ria,rter; that thereafter and on, to-wit the '`day of April, 1917, tea$ 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.