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HomeMy WebLinkAboutRegulate the Production, Transportation, Processing, Handling, Sampling, Examination, Labeling and Sale of Milk and Milk ProductsORDINANCE No. 4354 - - -60 Passed by the Common Council of the City of South Bend, DECEMBER 12, Acting Presented by me to tLJ Mayor of the City of South Bend, DECEMBER 13, zg3 60 Approved and signed by me DECEMBER 13, Clerk of Common Council Clerk r ORDIRNC1'NO. T35'1 - -�00 An ordinance to Regulate the Production, Transportation, Processing, Handling, Sampling, Examination, Labeling and salet of Milk and Milk Products; the Inspection of Dairy Herds, Dairies, and Milk Plants; The Issuance, Suspension and Revocation of Permits to Milk Producers, Milk Haulers, Milk Distributors and Operators of Milk Plants; Appointment of Inspectors and Sanitary Police; Repealing all Ordinances and Parts of Ordinances in Conflict herewith and Fixing Penalties. Be it ordained by the Common Council of the City of South Bend, Indiana: SECTION 1. The health officer having jurisdiction within the territorial limits of the City of South lend, Indiana, or his authorized representative shall have supervision over the production, transportation, processing, handling, sampling, examination, labeling, and sale of all milk and milk products sold at retail or wholesale within the City of South lend, Indiana, or its police jurisdic- tion; the inspection of dairy herds, dairies and milk plants; and the issuing, suspension, and revocation of permits to milk producers, milk haulers, milk distributors and operators of milk plants. SECTION 2. Grade A Milk Ordinance. The health officer having jurisdiction within the territorial limits of the City of South Bend, Indiana, in the performance of his duties under Section 1 of this ordinance shall follow the standards established under Section 1 (f) of Chapter 174 of the Acts of the 1957 Indiana General Assembly, as amended by Chapter 190, Acts of the 1959 Indiana General Assembly, and as further amended by Section 2 -31 of this ordinance. Grade A Milk and Milk Products referred to in Section 1 (f) of the above Act shall be taken to mean and include those milk products defined as "Fluid Milk" in Section 1 (b) of the above Act and in addition thereto cottage cheese and creamed cottage cheese, the labeling of which is authorized under Section 2 of this Act. Page -2 SECTION 2 -A. Milk and Milk Products from Points beyond Inspection of City. All such milk and milk products offered for sale in the City of South Bend, or its police jurisdiction, must be processed in plants which process exclusively milk and milk products which comply with the Grade "A" standard of the City of South Bend. SECTION 2 -B/ Grade A Milk and Milk Products. Grade A milk and milk products, as referred to in the aforesaid regulations shall in this ordinance be taken to mean and include: Raw and pasteurized milk, extra rich milk, Jersey milk, Guernsey milk, homogenized milk, flavored milk, skimmed.milk, flavored skimmed milk, buttermilk, creamed buttermilk, cultured buttermilk, creamed cultured buttermilk, goat's milk, milk fat, light cream, whipping cream, a mixture of milk and cream, cottage cheese, creamed cottage cheese, concentrated milk and any other product made by the addition of any substance to milk or to any of these products and used for similar purposes and designated as a milk product by the health officer. Except as provided hereafter, for the purpose of interpreting the aforesaid requirements, the unabridged form of the Public Health Service publication Ho. 229, 1953 Edition, third printing, entitled, "Milk Ordinance and Code Recommended by the Public Health Service ", shall be used. A copy of said publication of the Public Health Service shall be on file in the office of the Health Officer for public inspection. Provided, Section 7, Item 1 -r of the above publication, shall be amended to read as follows: Except as provided hereinafter, a tuberculin test of all herds and additions thereto shall be made before any milk therefrom is sold, and at least once every twelve (12) months thereafter, by a licensed veterinarian approved by the State livestock authority. Said tests shall be made and reactors disposed of in accord- ance with the requirements approved by the United States Department of Agriculture, Page -3" Bureau of Animal Industry for accredited herds. A certificate signed by the veterinarian or attested to by the health officer and filed with the health officer shall be evidence of the above test. All milk and milk products for pasteurization shall be from herds certified by the State livestock sanitary authority as following either plan A or plan B approved by the USDA for the eradication of brucellosis, Evidence of the certification shall be filed as directed by the health officer. All additions to the herds shall be brucellosis -free. Tests and retests shall be made, and any reactors disposed of, in accordance with the latest requirements approved by the USDA, in effect at the time of the adoption of this ordinance. A certificate identifying each animal, signed by the veterinarian and the director of the laboratory making the test, and filed as directed by the health officer, shall be evidence Of the above test. Cows which show a complete induration of one quarter, or extensive induration in one or more quarters of the udder upon physical examination, whether secreting abnormal milk or not, shall be permanently excluded from the milking herd: Provided, That this shall not apply in the case of a quarter that is completely dry. Cows giving bloody, stringy, or otherwise abnormal milk, but without entire or extensive 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 examination as the health officer may require after consultation with the State livestock sanitary officials shall be made at intervals and by methods prescribed by him, and any diseased animals or reactors shall be disposed of as he may require. SECTION 3. It shall be unlawful for any person, firm, or corporation to have in his possession any ungraded milk or milk products as defined in this ordinance except when held for private use and consumption and not resale. Page -4 SECTION 4. Permits. It shall be unlawful for any person, firm, or corporation to bring into, send into, or receive into the municipality of South Bend, Indiana, or its police jurisdiction, for sale, or to sell, or to offer for sale therein, or to have in storage where milk or milk products are sold or served, any milk or milk products defined in this ordinance, who does not possess a permit from the health officer of the municipality of South Bend, Indiana. Every milk producer, milk hauler, milk distributor, and operator of a milk plant shall secure a permit. Only a person who complies with the require- ments of this ordinance shall be entitled to receive and retain such a permit. Permits shall not be transferable with respect to persons and /or locations. Such a permit may be temporarily suspended by the health officer upon violation by the holder of any terms of this ordinance, or for interference with the health officer in the performance of his duties, or may be revoked after an opportunity for a hearing by the health officer upon serious or repeated violations. It shall be unlawful for any dairy or any retail or wholesale distributor to sell or deliver milk or milk products in the City without first obtaining a license to operate such a business and also a license for each vehicle used for the purpose of distributing or delivering such milk or milk products. Upon recommendation of the Department of Health, the City Controller shall issue a license to such dairy, or any retail or wholesale distributor, upon the payment of the following fees: (a) For conducting a dairy or retail or wholesale distribution business, the sum of twenty ($20.00) dollars per year. (b) For each vehicle used in the retail or wholesale distribution of milk or milk products, the sum of fifty (.50¢) cents per year. Page'-5 Such license fees shall be paid on or before the first day of February each year. In the event of violation of the provisions of this chapter, by any such licensed dairy, or retail or wholesale distributor, the City Controller may, upon evidence being presented and upon recommendation of the Department of Health, revoke any license issued hereunder. SECTION 5. From and after the date on which this ordinance and the Acts herein referred to take affect, the health officer is authorized to suspend or revoke the permits of and /or institute court action against any milk producer, milk hauler, milk distributor or operator of a milk plant who fails to meet the standards adopted by this ordinance. SECTION 6. Such sanitary police and inspectors as may be necessary for the enforcement of this ordinance shall be employed. They shall be the authorized representatives of the health officer having jurisdiction to perform such duties of inspection and reports as may be necessary for the full enforcement of this ordinance. Such sanitarians or employees of official inspection agencies shall be persons certified as qualified by the Indiana State Hoard of Health for the performance of said duties and shall be paid such salaries, fees, or other k I i''t 0'V iiA o (Jj renra ions as may be agreed upon by the Mayor and the health officer having jurisdiction out of such funds as may hereafter be appropriated therefore by the Common Council. Whenever, in the judgment of the health officer, it shall be required by this ordinance to make an inspection of any plant not within the City limits, Page -6 which is processing Grade A milk or milk products, as heretofore defined, the fee for such inspection shall be equivalent to the actual expense of the inspectors or inspector making such inspection. SECTION 7. Any person, firm, or corporation who violates any of the provisions of this act shall be guilty of a misdemeanor and, upon conviction, shall be liable to a fine of not more than three hundred ($300.00) dollars, to which may be added imprisonment for any period not to exceed six months, or to both such fine and imprisonment. Each day of violation shall constitute a separate offense. SECTION 8. All ordinances and parts of ordinances in conflict herewith are hereby repealed. This ordinance shall be in full force and effect on and after its passage and legal advertising. SECTION 9. If any section, subdivision or clause of this ordinance shall be held to be unconstitutional or invalid, such decision shall not effect the validity of the remaining portions of this ordinance. 161'& 2nd READING 00h °MITTEE Of THE MIKE PUBLIC HEARING 3rd READING NOT M, MROVEi REFUi',tED PASSED I"�'lt�'�L6 �Cutttmifier �epnrt _ Xv tke Town utt Tonard of t4r Tug of Omd# wend- Your Committee of the Whole, to whom was referred AN ORDINANCE TO REGULATE THE PRODUCTION, TRANSPORTATION, PROCESSING, HANDLING, SAMPLING, EXAMINATION, LABELING AND SALE OF MILK AND MILK PRODUCTS; THE INSPECTION OF DAIRY HERDS, DAIRIES AND MILK PLANTS: THE ISSUANCE, SUSPENSION AND REVOCATION OF PERMITS TO MILK PRODUCERS, MILK HAULERS, MILK DISTRIBUTORS AND OPERATORS OF MILK PLANTS; APPOINTMENT OF INSPECTORS AND SANITARY POLICE; REPEALING ALL_, ORDINANCES AND PARTS OF ORDINANCES IN CONFLICT HEREWITH AND FIXING PENALTIES Respectfully report that they have examined the matter and that in their opinion IT SHOULD BE �hairman December 12, ,960