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HomeMy WebLinkAboutRegulate the Production, Transportation, Processing, Handling, Sampling, Examination, Grading, Labeling, Regarding and Sale of Milk and Milk ProductsORDINANCE N Passed by the Common Council of the City of South Bend, MAY 28th 4096 Presented by me to the Mayor of the City of South Bend, MAY 29th Clerk of Common Council �... ,,_ Clerk < ..........................13.f ORDINANCE NO 4096 AN ORDINANCE ENTITLED AN ORDINANCE TO REGULATE THE PRODUCTION, TRANSPORTATION, PROCESSING, HANDLING, SAMPLING, EXAMINATION, GRADING, LABELING, REGRADING, AND SALE OF MILK AND MILK PRODUCTS= THE INSPECTION OF DAIRY HERDS, DAIRIES,, AND MILK PLANTS; THE ISSUING AND REVOCATION OF PERMITS. TO MILK PRO- DUCERS MILK HAULERS, AND DISTRIBUTORS; PERMIT FEES; APPOINTMENT OF INSPECTORS AND SANITARY POLICE; RE- PEALING 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. SUPERVISION. The health officer having jurisdiction within the territorial limits of the City of South Bend, Indiana, or his authorized repre. sentative shall have supervision over the production, transportation, processing, handling, sampling, examination, grading, regrading, labeling, and sale of all milk and milk products sold at retail or wholesale within the City of South Bend, Indiana, or its police jurisdiction; the inspection of dairy herds, dairies, and milk plants; and the issuuig and revoreation of permits to milk producers, milk haulers, and distributors. SECTION 2. GRADE A MILK ORDINANCE. The health officer having juris- diction within the territorial limits of the City of South Bend, Indiana, in the performance of his duties under Section 1 of this ordinance, shall adopt as standards to be followed, the provision in paragraph HDP4H entitled "Grade A Milk and Milk Products" of regulations of the Indiana Stat6 Board of Health duly passed on September 13, 1945, and filed with the Secretary of State on October 18, 1945 as amended by the State Board of Health on February 19, 1954, and filed with the Secretary of State on March 17, 1954, of the regulations of the State Board of Health entitled "Regulations Relating to Dairy Products Including Definitions and Standards of Identity." In addition to the requirements contained in the aforesaid regulations, all milk for pasteurization shall come from herds conforming to the following: A. Cows, Tuberculosis and Other Diseases. 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 twehve (12): months thereafter, by a licensed veterinarian approved by the State livestock sanitary authority. Said tests shall be made and. 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 Health officer and filed with the health officer 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 otherwise abnormal milk, but with only slight induration of the udder, shall be excluded from the herd until reexamination shows that the milk has become normal. For other diseases such tests and examinations as the health officer may require 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. B. Milk and Milk Products from Points Beyond Inspection of City. Milk and milk products from points beyond the limits of routine inspection of the City may not be sold in the City or its police jurisdiction unless produced or pasteurized under provisions equivalent to the requirements of this section; provided, that the health officer shall require evidence that the health officer having jurisdiction over the production and processing is properly enforcing such provisions. All such milk and milk products offered to sale in the City of South Bend, or its police jurisdiction, must be processed in plants which process ex- clusively milk and milk products which comply with the Grade "A" standard of the City of South Bend. C. Grade A Milk and Milk Products. Grade A Milk and milk pro- ducts, as referred to in the aforesaid regulation 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, goatTs milk, milk fat, light cream, whipping cream; a mixture of milk and cream, cottage cheese, creamed cottage cheese, concen- trated 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. For the purpose of interpreting the aforesaid requirements until January 1, 1957, the unabridged form of Public Health Service Bulletin No. 200, The 1939 Edition, entitled, "Milk Ordinance and Code, Recommended by the United States Public Health Service, " shall be used. After that date the unabridged form of the Public Health Service publication No. 229, 1953 edition, entitled, "Milk Ordinance and Code Recommended by the Public Health Service, " shall be used. Two copies of said regulations of the Indiana State Board of Health and said publication of Public Health Service then in effect shall be on file in the office of the health officer for public inspection. SECTION 3. THE SALE OF UNGRADED MILK OR MILK PRODUCTS PROHIBITED. No person shall within the municipality of South Bend, Indiana, or its police juris- diction, produce, sell, offer or expose for sale, or have in possession with intent to sell, any milk or milk product which is ungraded. It shall be unlawful for any person, elsewhere than in a private home, to have in possession any ungraded milk or milk product; provided, that, in an emergency the sale of ungraded pasteurized milk or pasteurized milk products may be authorized by the health officer, upon the approval of the State health authority, in which case they shall be labeled "ungraded." SECTION 4. PERMITS. It shall be unlawful for any person to bring into, send into, or receive into the municipality of South Bend, Indiana, or its police juris- diction, for sale, or to sell, or 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 muni" cipality of South Bend, Indiana, "2. Every milk producer, milk hauler, milk distributor, and operator of a milk plant shall .secure a permit. Only a person who complies with the re- quirements of this ordinance shall be entitled to receive and retain such a per- mit. 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 ordinances 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 viola" tions. Any person, firm or corporation shall have the right to take an appeal from any decision of the health officer to the St. Joseph Circuit Court, as in other civil cases. It shall be unlawful for any dairy or any retail or wholesale distri- butor -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 re" commendation 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 busi- ness, 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. Such license fees shall be paid on or before the first day of February each year. In the event of any violation of the provisions of this chapter, by any such licensed dairy, or retail or wholesale distributor, the City Controller may, upon t evidence being presented and upon recommendation of the department of health, revoke any license issued hereunder.; SECTION S. From and after 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 Pasteurized milk, or milk products as defined in the standards required to be adopted by this ordinance; provided, that when any milk distributor fails to qualify for the above grade, the health officer is authorized to suspend his peril mit and /or institute court action, (or in lieu thereof to degrade his product and permit its sale during a temporary period not exceeding thirty (30)`days, or, in emer¢encies, suchloneer Period as he may deem necessary. ) 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 sanitary police and inspectors shall be persons qualified and approved by the Indiana State Board. of Health for the performance of said duties and shall be paid such sum as may be agreed upon by the Mayor and the health officer having jurisdiction out of such funds as may be hereafter appropriated therefor by the Common Council. »3t. j S Whenever, in the'jitd' nt of'\tlhe $ealth officer, it shall be required by this ordinance to make an ins?4R& df';any plant not within the City limits, 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. In determining such expenses the following shall be the basis of computation of such expenses: (a) Mileage from City Hall at South Bend, Indiana, to plant to be inspected and return at ten (10�),cents per mile; (b)- The inspector or inspectors salary on a per diem basis and any fractional day shall constitute a full day; -(c) Such meals and lodging as may be required or necessitated by the distance involved in such inspection; The Health Department shall then bill such plant inspected and payment thereof shall be made to the Civil City of South Bend. SECTION 7. Any person, firm or corporation violating any provision of this ordinance shall, upon conviction, be punished by a fine of not more than One Hundred ($100. 00)-Dollars or imprisonment in the county jail for not more than thirty (30) days, or both such fine and imprisonment at the discretion of the Court. Each and every violation of the provisions of this ordinance 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 re" maining portions of this ordinance. Mem,�er of the Common Council 1st & 2nd READING COMMITTEE Of THE WHOLE S73 g /�O PUBLIC HEARING S a V S76 «4w 3rd READING j a b'f j'6 NOT APPROVED REPERNED PASSED 57.14S-Z