HomeMy WebLinkAboutProposed Goat Milk Ordinance for City of South Bend, IndianaORDINANCE No. 3a�
Passed by the Common Council of the City of South Bend,
19"
Presented by me to the Mayor of the City of South Bend,
Approved and signed by
U
Clerk
of Common Council
Clerk
V i
PROPOSED GOAT MILK.ORDINANCE FOR THE.CITY OF SOUTH BEND, INDIANA
An ordinance defining "goat milk," "goat milk producer," etc., prohibiting
the sale of adulterated and misbranded goat milk, requiring permits for the sale
of goat milk, regulating the inspection of goat dairy farms, the examination,
grading, labeling, placarding, pasteurization, regrading, distribution, and sale
of goat milk, providing for the publishing of goat milk grades, the construction
of future goat dairies and goat milk plants, providing for the licensing of goat
dairies, retail and wholesale distributors, the enforcement of this ordinance, and
the fixing of penalties.
Be it ordained by the City Council of the City of South Bend, Indiana, as
follows:
SECTION 1. Definitions. The following definitions shall apply in the in-
terpretation and the enforcement of this ordinance:
A. Goat Milk. Goat milk is hereby defined to be the lacteal secretion ob-
tained by the complete milking of one or more healthy goats, excluding that obtained
within 15 days before and 5 days after pq"t ,*iytion, or such longer period as may be
necessary to render the goat milk practically colostrum free; which contains not
less than 8j per cent of milk solids not fat, and not less than 34 per cent of milk
fat.
B. Goat milk fat or butterfat. Goat milk fat or butterfat is the fat of milk
from goats.
C. Adulterated Goat Milk. Any goat milk which contains any unwholesome sub-
stance, 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
health officer and not revoked, shall be deemed adulterated and misbranded.
D. Goat Milk Producer. A goat milk producer is any person who owns or controls
one or more goats�a part or all of the milk from which is sold or offered for sale.
-2-
E. Goat Milk Distributor. A goat milk distributor is any person who offers
for sale or sells to another any goat milk for human consumption as such.
F. Goat Dairy or Goat Dairy Farm. A goat dairy or goat dairy farm is any
place or premises where one or more goats are kept, a part or all of the milk
from which is 'sold or offered for sale.
G. Health Officer. The term "health officer" shall mean the health authority
of the City of South Bend, or his authorised representative.
H. Average Bacterial Plate Count, Direct Microscopic Count, Reduction Time,
and Cooling Temperature. Average bacterial plate count and average direct micro-
seopic count shall be taken to mean the logarithmic average, and average reduction
time and average cooling temperature shall be taken to mean the athkoe{tio average,
of the respective results of the last four consecutive samples, taken( upon separate
days, irrespective of the date of grading or regrading.
I. Grading Period. The grading period shall be such period of time as the
health officer may designate within which grades shall be determined for all goat
milk, provided that the grading period shall in no case exceed 6 months.
J. Person. The word "person" as used in this ordinance shall mean "person,
firm, corporation, or association."
I
K. And Or. Where the term "and /or" is used "and" shall apply where possible,
otherwise "or" shall apply.
SEC. 2. The Sale of Adulterated, Misbranded, or Ungraded Goat Milk Pro-
hibited. No person shall within the City of South Bend, or its police jurisdiction,
produce, sell, offer, or expose for sale, or have in possession with intent to sell,
any goat milk which is adulterated, misbranded, or ungraded. It shall be unlawful
for any person, elsewhere than in a private home, to have in possession any
adulterated, misbranded, or ungraded goat milk.
SEC. 3. Permits. It shall be unlawful for any person to bring into or
-3-
$3
0
receive into the City Of South Bend, or its police jurisdiction, for sale, or to
b
sell, or offer for sale therein, or to have in storage where goat milk is sold or
o
' served, any goat milk defined in this ordinance, who does not possess a permit
.a
i o from the health officer of the City of South Bend.
a
D b Only a person who complied with the requirements of this ordinance shall be
a
iu entitled to receive and retain such a permit.
i m
mSuch a permit may be suspended by the health officer, or revoked after an
a opportunity for a hearing by the health officer, upon the violation by the holder
a 4 of any of the terms of this ordinance.
'
° SAC. 3 (a). License Provision. It shall be unlawful for any dairy, or any retail or
m ..' wholesale distributor'to sell or deliver goat milk in the City of South Bend without first
m obtaining a license to operate such a business and also s license for each vehicle used For
m p the purpose of distributigg'or delivering said milk or milk products. Upon recommendation
o m of the Board.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
$4 •
w a dairy or retail, or wholesale distribution business, the sum of�2,�Dper year to cover s�
o m inspection of, piants. 5411 TicenseInfees shall be paid on or be£or ,,tee fi_ �rst day of February
each year. (See side of sheet for balance of Sec. 3(a)-
o ti m
W � «a SEC. 4`. Labeling cud- ';ki6arding. All bottles, oans, packages, and other
m
c4 0 containers enclosing goat milk defined in this ordinance shall be plainly labeled
o
or marked with (1) the name of the contents as given in the definitions in this
� q
00 m ordinance; (2) the grade of the contents; (3) the word "Raw" only if the contents
-HP b are raw; (4) the name and address of the producer if the contents are raw. The
d F
%0 0 label or mark shall be in letters of a size, kind, and color approved by the health
.rq 7 C
Fm officer and shall contain no marks or words which are misleading.
m.Px
i 0 b o Very restaurant, cafe, soda fountain, or other establishment serving goat
i 44 milk shall display at all times, in a place designated by the health officer, a
i s CS
° m ,4 n' notice approved by the health officer, stating the lowest grade of goat milk served.
Vx
ro 0 o SEC. 5. Inspection of Goat Dairy Farms for the Purpose of Grading or Re-
grading. At.least once during each grading period the health officer shall inspect
-4-
all goat dairy farms whose milk is intended for consumption within the City of
South Bend, or its police jurisdiction. In case the health officer discovers the
violation of'any item of sanitation, he shall make a second inspection 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 second inspection shall be used in determining
the grade of goat milk. Any violation of the same item of this ordinance on two
consecutive inspections shall call for immediate degrading.
One copy of the inspection report shall be posted by the health officer in
a conspicuous place upon an inside wall of one of the goat dairy farm buildings,
and said inspection report shall not be defaced or removed by any person 'except the
health officer. Another copy of the inspection report shall be filed with the
records of the health department.
SEC. 6. The Examination of Goat Milk. During each grading period at least
four samples of milk from each goat dairy farm shall be taken on separate days and
examined by the health officer. Samples of goat milk from stores, cafes, soda
fountains, restaurants, and other places where goat milk is sold shall be examined
as often as the health officer may require. Bacterial plate counts and direct
microscopic counts shall be made in conformity with the latest standard methods
recommended by the American Public Health Association. Examinations may include
such other chemical and physical determinations as the health officer may deem
necessary for the detection of adulteration, these examinations to be made in
accordance with the latest standard methods of the American Public Health Associa-
tion and the Association of Official Agricultural Chemists. Samples may be taken
by the health officer at any time prior to the final delivery of the goat milk.
All proprietors of stores, cafes, restaurants, soda fountains, and other similar
places shall furnish the health officer, upon his request, with the names of all
distributors from whom their goat milk is obtained.
-5-
Whenever the average bacterial count, the average reduction time, or the
average cooling temperature falls beyond the limit for the grade then held, the
health officer shall send written notice thereof to the person concerned, and
shall take an additional sample, but not before the lapse of 3 days, for deter-
mining a new average in accordance with section 1 (h). Violation of the grade
requirement by the new average or by any subsequent average during the remainder
of the current grading period shall call for immediate degrading or suspension
of the permit, unless the last individual result is within the grade limit.
SEC. 7. The Grading of Goat Milk. At least once every 6 months the health
officer shall announce the grades of all goat milk delivered by all producers or
distributors and ultimately consumed within the City of South Bend, or its police
jurisdiction. Said grades shall be based upon the following standards:
Grade A Raw Goat Milk. Grade A raw goat milk is raw goat milk the average
bacterial plate count of which as determined under sections 1 (h) and 6 of this
ordinance does not exceed 50,000 per cubic centimeter, or the average direct mic-
roscopic count of which does not exceed 50,000 per cubic centimeter if clumps are
counted or 200,000 per cubic centimeter 'if individual organisms are counted, or
the average reduction time of which is not less than 8 hours, and which is produced
upon goat dairy farms conforming with all of the following items of sanitation.
Item lr. Goats, Tuberculosis and Other Diseases. A tuberculin test and a
blood test for Bang's disease of all herds and additions thereto shall be made
before any milk therefrom is sold,and at least once every 12 months thereafter,
by a graduate, licensed, and accredited veterinarian and copies of such tests filed
in the office of the health officer. All reactors shall be disposed of in a manner
satisfactory to the health officer.
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.
-6-
Item 2r. Goat Dairy Barn, Lighting. A goat milking barn shall be required
and in such ;sections thereof where goats are milked windows shall be provided and
kept clean and so arranged as to insure adequate light properly distributed, and
when necessary shall be provided with adequate supplementary artificial light.
Item 3r. Goat Dairy Barn, Air Space and Ventilation. Such sections of all
barns where goats are milked shall be well ventilated and shall be so arranged as
to avoid overcrowding.
Item 4r. Goat Dairy Barn, Floors. The floors and gutters of such parts of
all dairy barns in which goats are milked shall be constructed of concrete or other
approved impervious and easily cleaned material, shall be graded to drain properly,
and shall be kept clean and in good repair. No horses, pigs, fowl, kidsi 1gto *: ;ahall
be permitted in parts of the barn used for milking.
Item 6r. Goat Dairy.Barn, Walls and Ceilings. The walls and ceilings of all
goat 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 and in good repair. In case there is a second story above that part of the
barn in which goats are milked, the ceiling shall be tight. If the feed room
adjoins the milking space, it shall be separated therefrom by a dust -tight parti-
tion and door. No feed shall be stored in the milking portion of the barn.
Item 6r. Goat Dairy Barn, Goat Yard. All goat yards shall be graded and
drained as we a_sRrpaoticab�leeLand, kept clean.
-' /�LOI/ 'L.,'6.i[ /.. Y2*�°`I✓ �,,,� -e.:. ...y ✓R�'a`.:f�"�ra °�`.�`i@:�,6.w. *.x � +,`.'.ng '^d'.cn
j�tem 7r. Manure Disposal. All ure shall 11H removed and stored or disposed ' - r
of in such manner as best to prevent the breeding of flies therein or the access of
goats to piles thereof.
• Item 8r. Milk House Construction. There shall be provided a milk house in
which the cooling, handling, and storing of goat milk and the washing, bactericidal
treatment, and storing of milk containers and utensils shall be done. (a) The
milk house shall be provided with a tight floor constructed of concrete or other
-7-
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 approved manner. (c) It shall be
well lighted and ventilated. (d) It shall have all openings effectivescreened
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 approved by the health officer;
shall not open directly into a stable or into any room used for domestic purposes;
shall 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- oompart-
ment stationary wash and rinse vats, if chlorine is employed as the principal
bactericidal treatment, the three - compartment type must be used; and shall be
partitioned to separate the handling of, goat milk and the storage of cleansed
utensils from the cleaning and other operations, which shall be so located and con-
ducted as to prevent any contamination of the milk or of cleaned equipment.
Item 9r. Milk House, Cleanliness and Flies. The floors, walls, ceilings,
and equipment of the milk house shall be kept clean at all times. All means neces-
sary for the elimination of flies shall be used.
Item 10r, Toilet. Every goat dairy farm shall be provided with one or more
sanitary toilets conveniently located and properly constructed, operated, and main-
tained, so that the waste is inaccessible to flies and does not pollute the sur-
face soil or contaminate any water supply.
Item llr. Water Supply. The water supply for the milk room and dairy barn
shall be properly located, constructed, and operated, and shall be easily accessible,
adequate, and of a safe sanitary quality.
Item.12r. Utensils, Construction. All multi -use containers or other utensils
used in the handling, storage, or transportation of goat milk must be made of smooth
nonabsorbent material and of such construction as to be easily cleaned, and must
-8-
be in good repair. Joints and seams shall be soldered flush. Woven wire cloth
shall not be used for straining goat milk. All milk pails shall be of a small -
mouth design approved by the health officer. The manufacture, packing, trans-
portation, and handling of single- service containers and container caps and covers
shall be conducted in a sanitary manner.
Item l5r. Utensils, Cleaning. All multi -use containers, equipment, and
other utensils used in the handling, storage, or transportation of goat milk must
be thoroughly cleaned after each usage.
Item 14r. Utensils, Bactericidal Treatment. All multi -use containers,
equipment, and other utensils used in the handling, storage, or transportation of
goat milk shall between each usage be subjected to an approved bactericidal process
with steam, hot water, chlorine, or hot air.
Item 15r. Utensils, Storage. All containers and other utensils used in the
handling, storage, or transportation of goat milk shall be stored so as not to be-
come contaminated before being used.
Item 16r. Utensils, Handling. After bactericidal treatment no container or
other milk 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 goat milk
comes in contact.
Item 17r. Milking, Udders and Teats, Abnormal Milk. The udders and teats
of all milking goats 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 goats and the con-
tamination of the milk utensils.
Item 18r. Milking, Flanks. The flanks, bellies, and tails of all milking
goats shall be free from visible dirt at the time of milking.
Item 19r. Milkers' Hands. Milkers' hands shall be clean, rinsed with a
bactericidal solution, and dried with a clean towel immediately before milking
-9-
and following any interruption in the milking operation. Net -hand milking is
prohibited. Convenient 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, containers, utensils, or equipment.
Item 21r. Milk Stools. Milk stools shall be kept clean.
Item 22r. Removal of Milk. Each pail of milk shall be removed immediately
to the milk house or straining room. No goat milk shall be strained or poured in
the dairy barn.
(2j.Item 23r. Cooling. Goat milk must be cooled immediately after completion
of milking to 500 F. or less, and maintained at that average temperature, ag de-
fined in section 1 (h), until delivery.
Item 24r. Bottling and Capping. Goat milk shall be bottled from a con-
tainer with a readily cleanable valve, or by means of an approved bottling machine.
Bottles shall be capped by machine. Caps or cap stock shall be purchased in sani-
tary containers and kept therein in a clean dry place until used. The cap or cover
shall cover the pouring lip to at least its largest diameter.
Item 25r. Personnel, Health. The health officer or a physician authorized
by him shall examine and take a careful morbidity history of every person connected
with a retail raw goat dairy, or about to be employed, whose work brings him in
contact with the production, handling, storage, or transportation of goat milk,
containers, or equipment. If such examination or history suggests that such person
may be a carrier of or infected 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 employment.
Such persons shall furnish such information, submit to such physical examinations,
-10-
and submit such laboratory specimens as the health officer may require for the
purpose of determining freedom from infection.
Item 26r. Miscellaneous. All vehicles used for the transportation of goat
milk shall be so constructed and operated as to protect their contents from the
sun and from contamination. All vehicles used for the transportation of goat milk
in its final delivery container shall be constructed with permanent tops and with
permanent or roll -down sides and back, provided that openings of the size neces-
sary to pass the delivery man may be permitted in the sides or back for loading
and unloading purposes. All vehicles shall be kept clean, and no substance capable
of contaminating goat milk shall be transported with goat milk in such manner as to
permit contamination. All vehicles used for the distribution of goat milk shall
have the name of the distributor prominently displayed.
The immediate surroundings of the dairy shall be kept in a neat, clean con-
dition.
Grade B Raw Goat Milk. Grade B raw goat milk is raw goat milk which violates
the bacterial standard and /or the abortion testing requirement for grade A raw
goat milk, but which conforms with all other requirements for grade A raw goat
milk, and has an average bacterial plate count not exceeding 1,000,000 per cubic
centimeter, or an average direct microscopic count not exceeding 1,000,000 per
cubic centimeter if olumps are counted or 4,000,000 per cubic centimeter if indi-
vidual organisms are counted, or an average reduction time of not less than 32
hours, as determined under sections 1 (h) and 6.
Grade C Raw Goat Milk. Grade C raw goat milk is raw goat milk which violates
any of the requirements for grade B raw goat milk.
SHO. 8. Grades of Goat Milk Which May Be Sold. From and after 12 months
from the date on which this ordinance takes effect no goat milk shall be sold to
the final consumer or to restaurants, soda fountains, grocery stores, or similar
establishments except Grade A raw or Grade A pasteurized goat milk: Provided,
-11-
That when any goat milk distributor fails to qualify for one of the above grades
the health officer is authorized to revoke his permit, or in lieu thereof to de-
grade his product and permit its sale during a temporary period not exceeding 30
days or in emergencies such longer period as he may deem necessary.
SEC. 9. Supplementary Grading Prescribed and Regrading Authorized. If, at
any time between the regular announcements of the grades of goat milk, a lower
grade shall become justified, in accordance with sections 5, 6, and 7 of this
ordinance, the health officer shall immediately lower the grade of such goat milk,
and shall enforce proper labeling and placarding thereof.
Any producer or distributor of goat milk the grade of which has been lowered
by the health officer, and who is properly labeling his goat milk, may at any time
make application for the regrading of his product.
Upon receipt of a satisfactory application, in case the lowered grade is the
result of an excessive average bacterial plate count, direct microscopic count,
reduction time, or cooling temperature, the health officer shall take further
samples of the applicant's output, at a rate of not more than two samples per week.
The health officer shall regrade the goat milk upward whenever the average of the
last four sample results indicates the necessary quality, but not before the lapse
of 2 weeks from the date of degrading.
In case the lowered grade of the applicant's product is due to a violation
of an item of the specifications prescribed in section 7, other than average bac-
terial plate count, direct microscopic count, reduction time, or cooling tempera-
ture, the said application must be accompanied by a statement signed by the
applicant to the effect that the violated item of the specifications has been con-
formed with. Within 1 week of the receipt of such an application and statement
the health officer shall make a reinspection of the applicant's establishment, and
thereafter as many additional reinspeotions as he may deem necessary to assure
himself that the applicant is again complying with the higher grade requirements,
-12-
and, in case the findings justify, shall regrade the goat milk upward, but not
before the lapse of 2 weeks from the date of degrading.
SEC. 10. Transferring or Dipping Goat Milk; Delivery Containers; Handling
of More Than One Grade; Delivery of Goat milk at Quarantined Residences. Except
as permitted in this section, no goat milk producer or distributor shall transfer
goat milk 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 goat milk is hereby prohibited.
All raw goat milk sold for consumption in the raw state shall be placed in
its final delivery container at the farm at which it was produced. Goat milk
sold in the distributor's containers in quantities less than 1 gallon shall be
delivered in standard milk bottles or in single - service containers. It shall be
unlawful for hotels, soda fountains, restaurants, groceries, and similar estab-
lishments to sell or serve any goat milk except in the original container in which
it was received from the distributor or from a bulk container equipped with an
approved dispensing device.
It shall be unlawful for any hotel, soda fountain, restaurant, grocery, or
similar establishment to sell or serve any goat milk which has not been maintained,
while in its possession, at a temperature of 500 F. or less.
No goat milk shall be permitted to come in contact with equipment with
which a lower grade of goat milk has been in contact unless such equipment has
first been thoroughly cleaned and subjected to bactericidal treatment.
Bottled goat milk, 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 goat milk is delivered to clean
thoroughly the containers in which such milk is delivered before returning such
containers. Apparatus, containers, equipment, and utensils used in the handling,
-13-
storage, processing, or transporting of goat milk shall not be used for any
other purpose without the permission of the health officer.
The delivery of goat milk to and the collection of goat milk containers
from residences in which cases of communicable disease transmissible through
milk supplies exist shall be subject to the special requirements of the health
officer.
SEC. 10 (a). If goads milk is pasteurized it shall meet all of the re-
quirements of ordinance No.23;X4 City of South Bend, passed by the City Council
of South Bend and signed by the Mayor on June 24, 1940.
SEC. 11. Goat Milk from Points Beyond the Limits of Routine Inspection.
Goat milk from points beyond the limits of routine inspection of the City of
South Bend may not be sold in the City of South Bend, or its police jurisdiction,
unless produced and /or pasteurized under provisions equivalent to the requirements
of this ordinance; provided that the health officer shall satisfy himself that the
health officer having jurisdiction over the production and processing is properly
enforcing such provisions.
SEC. 12, Future Goat Dairies and Goat Milk Plants. Properly prepared plans
for all goat dairies and goat milk plants which are hereafter constructed, recon-
structed, or extensively altered shall be submitted to the health officer for
approval before work is begun. In the case of goat milk plants signed approval
shall be obtained from the health officer and or the State health department.
SEC. 13. Notification of Disease. Notice shall be sent to the health
officer immediately by any producer or distributor of goat milk upon whose goat
dairy farm any infectious, contagious, or communioable disease occurs.
SEC. 14. Procedure When Infection Suspected. When suspicion arises as to
-14-
the possibility of transmission of infection from any person concerned with the
handling of goat milk, the health officer 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 distribu-
tion and use, (3) adequate medical and bacteriological examination of the person,
of his associates, and of his and their body discharges.
SEC. 15, Enforcement Interpretation. This ordinance shall be enforced by
the health officer in accordance with the interpretations thereof contained in
the 1939 edition of the United States Public Health Service Milk Code, a certified
copy of which shall be on file in the city clerk's office. If any question arises
as to the interpretation of any provision of this ordinance, then the interpreta-
tion set out in the U. S. Public Health Service Milk Code shall be binding.
SEC. 16. Penalty. Any person who shall violate any provision of this
ordinance shall be fined not more than $100 at the discretion of the court. Upon
the failure of any person to pay any fine imposed he may be imprisoned in the
county jail until such fine is paid or replevied. Each and every violation of the
provisions of this ordinance shall constitute a separate offense.
SEC. 17. Repeal and Date of Effect. All ordinances and parts of ordinances
relating to goat milk in conflict with this ordinance are hereby repealed; and this
ordinance shall be in full force and effect immediately upon its adoption and its
publication, as provided by law.
let & 2nd .REAOINGI
COMMITTEE OF TH
SEC. 18. Unconstitutionality Clause. Should any section, paragraph, �'
PUBLIC HEARING
sentence, clause, or phrase of this ordinance be declared unconstitutional RC&OINg 9 / /P)!o
valid for any reason, the remainder of said ordinance shall not be affectedRTWAINVP
REFERRED.
SEC. 19. Date of Effect. This ordinance shall be in full force and eWM �I�y
two weeks after its publication in pamphlet form which publicati n in pamphlet form
is hereby ordered by the Common Council. �°"�