HomeMy WebLinkAboutMilk Ordinance for the City of South BendORDINANCE No. 4Z
Passed by the Common Council of the City of South Bend,
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Presented by me to the Mayor of the City of South Bend,
Approved and signed by
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Clerk
of Common Council
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Clerk
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An order inance defining -"milk" end certain "milk products ", "milk
producer" "pasteurization" etc prohibiting the sale of adulterated
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and misbranded milk and milk products, requiring permits for the sale
of milk and milk products, regulating the inspection of dairy forms
and milk plants the examination,, grading, labeling, plagargpE
pasteurization, regrading, distribution, and sale of milk and milk
products providing for the publishing of milk grades, the construe -
tion of future dairies and milk plants, providing for the licensing
of dairies - retail and wholesale distributors. the enforcement of.t-his
ordinance -, and the fixing of penaltie
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 interpretation and the enforcement of this ordinance:
A. Milk. - Milk is hereby defined to be the lacteal secretion
obtained by the complete milking of one£or more healthy cows, exclud-
ing that obtained within 15 days before and 5 days after calving,
o er period as may be neeessa to<render the milk
or such 1 ng p y z'y. �- ,
practically cdlos#rum free; which contains xq� ess than 8.5 per cent
of milk solids not fat, and not less than 3.25 per cent of milk fat,
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B. Milk fat or butter fat, — Milk fat or butter fat is the fat
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of milk. '
C.. Cream and sour cream. - Cream is a portion of milk which
contains not less than.18 per cent milk fat.. Sour cream is cream
the acidity of which is more than 0.20 per cent,.expressed as
lactic acid,
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D. Skimmed milk. - Skimmed milk is milk from which a sufficient
portion of milk fat has been removed to reduce its milk -fat percent-
age to less than 3.25 per cent.
E. Milk or skimmed -milk beverage..- A milk beverage or a skimmed- r
milk beverage is a food compound or confection consisting of milk or
skimmed milk, as the case may be, to which has been added a syrup or 1
flavor consisting of wholesome ingredients,, i
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., reconstituted
skimmed mllk, evaporated or condensed milk or skimmed milk, or -milk
or skimmed -milk powder. It contains not less than 8.5 per cent o
milk solids not fat.
G. Vitamin D! milk. - Vitamin D milk is milk the vitamin D con-
tent of which has been increased by a method and in an amount approved
by the health officer.
H.'Reeonstitutdd or recombined milk and cream. - 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,. Recon-
stituted or recombined cream is a product resulting from the com-
bination of dried cream, butter, or butter fat with cream, milk,
skimmed milk, .or water, n t
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I. Goat milk. /
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shall -rnpry �t�ih all t /requis d
,rnnt.rarr h tcd tff` nC3 adz- gcats.
J. no�en� zed milk. - Homogenized milk is milk which has been
treated in such manner as to insure break -up of the fat gl&r[les 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 mss, of milk
in a quart bottle, or of proportionate volumes in containers of other
sizes, does not differ by more than 5 per cent of itself from the fat
percentage of the remaining milk as determined after thorough mixing.
K. Milk products. Milk products shall be taken to mean and
include cream, sour cream, homogenized milk, vitamin D
milk, buttermilk, skimmed milk, reconstituted or recombined milk and
cream, milk beverages, ski;nmed -milk beverages, and any other product
made by the addition of any substance to milk or any of these pro-
ducts and used for similar purposes and designated as a milk product
by the health officer.
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 143 degrees F.,
and holding at such temperature for at least 30 minutes, or to at
least 160 degrees F., and holding at such temperature for at least
15 seconds, in approved, and properly operated equipment; provided
that nothing contained in this definition shall be construed as dis-
barring any other process which has been demonstrated to be equally I
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efficient'and is approved by the State health authority.
MI 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 health officer and not revoked, shall be deemed adulterated
and misbranded.
N. j,tilk producer. - A milk producer is any person who owns or
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controls one or more cows)a part or -all of the milk or milk products
from which is sold or offered for sale.
0, J�Jilk distributor. - A milk distributor is any person who
offers for sale or sells to another any milk or milk products 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.
b4ilk plant. - A milk plant is any place or premises or
establishment where milk or milk products are collected, handled,
processed, stored, bottled, pasteurized, or prepared for distribution.
R. health officer. - The term "health officer" shall mean the
health authority of the city of South Bend or his authorized
representative,
S. Average bacterial plate count direct microscopic count,
reduction time, and cooling temperature. - 2�average bacterial plate
count and average direct microscopic count shall be taken to mean
the to *rit4mic average, and. average reduction time and average
cooling temperature shall be taken to mean the tic 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 grading period shall be such period
of time as the health officer may designate within which grades
shall be determined 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 this ordinance shall
mean "person, firm, corporation, or association ".
V. And/or. - 1here the term_ !'and /or"� is used "and,' shall apply
where possible, otherwise "or" shall apply.
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SECTION 2. The sale of adulterated, misbranded. ungraded milk
or milk products prohibited..- 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.milk
or milk product 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 milk
or milk product.
SECTION 3. Permits. - It shall be unlawful for any person to
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bring into or receive into the City of South Bcnd, 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 sold or served,
any milk or milk product defined in this ordinance, who does not
possess a permit from the health officer of the City of South.Bend.
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 health officer, or.re-
voked after an opportunity for a hearing by the health officer, upon
the violation by the holder of any of the terms of this ordinance.
SECTION 3a. License provision. - It shall be unlawful for any
dairy, or any retail or wholesale distributor to.sell or deliver milk
or milk products in the City of South Bend 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 said milk
or milk products. Upon recommendation 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 a dairy or retail or wholesale distribution
business,, the sum of 4"10.00 per year.
(b) For each vehicle used in the retail or wholesale distribution
of milk or ,silk products, the sum of ;5.00 a year.
Said license fees shall be paid on or before the first day of
February of each year.
In the event of any violation of the provisions of this ordinance
by any such licensed dairy, or retail or wholesale distributor, the
City Controller may, upon evidence being presented and upon recommen-
dation of the Board of Health, revoke any license issued hereunder.
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SECTICN 4o Labeling and pladardjng. - All bottles, cans,
packaj.,;es, and other containers enclosing milk or any milk product
defined 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 FHilk" and the
source of the vitamin D. The label or mark shall be in letters of a
size, kind, and color approved by the health officer and shall con -
tain no marks or words which are misleading.
Every restaurant, cafe, soda fountain, or other establishment
serving milk or milk products shall display at all times, in a place
designated by the health officer, a notice approved by the health
officer, stating tre lowest grade of milk and /or milk products
served.
SECTION 5. Inspection of dairy farms and milk plants for the
2u pose of grading or regradi - At leant once during each grading
period the health officer shall inspect all dairy farms and all milk
plants whose milk or milk products are 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 remodied, but not before the
lapse of 3 days; and the second inspection shall be used in determin-
ing the grade of milk and /or milk products. Any violation of the
same item of this ordinance on two consecutive inspections shall call
for izmmdiate 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
dairy farm or milk plant 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.
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SECTION 6., The examination of milk and milk products. - During
each grading period 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 health officer. Samples of oher milk products
may be taken and examined by the health officer as often as he deems
-necessary. Samples of milk and milk products from stores, cafes,
soda fountains, restaurants, and other places where milk or milk
products are 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 regulations of the Board of
Health. Examinations may include such other chemical and physical
determinations as the health officer may deem necessary for the
detection of adulteration. Samples may be taken by the health officer
at any ti.ie 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 health officer, upon hi.s
request, with the names of all distributors from whom their milk
and milk products are obtained. Dio- assays of the vitamin D content
of Vitamin D milk shall be made when required by the health officer
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 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 determining 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 r emainder
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.
SECTION 7. The grading of milk and milk products. - At least
once every 6 months the health officer shall announce the grades of
all milk and milk products 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 stan-
dards, 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 the case of sour cream and buttermilk.
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Vitamin DY milk shall be only of grade A pasteurized quality-.
Grade A raw milk. - Grade A raw milk is raw milk to be pasteu-
rized, the average bacterial plate count of which as determined
under Sections 1 (S) and 6 of this Ordinance does not exceed 200,000
per cubic centimeter, or the average direct microscopic count of
which does not exceed 200,000 per cubic centimeter if clumps are
counted, or 800,000 per cubic centimeter if individual organisms are
counted, or the average reduction time of which is not less than
6 hours; and which is produced upon dairy farms conforming with all
of the following items of sanitation.
ITEM lr. 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 12 months thereafter, by a licensed veledinar An
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 re- examination 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 pre-
scribed by him, and any diseased animals or reactors shall be dis-
posed 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,
windows shall be provided and kept clean and so arranged as to insure
adequate light properly distributed, and when necessary shall be pro-
vided with adequate supplementary artificial light.
ITEM 3r.. Dairy barn, air space and ventilation. S uch sections
of all dairy barns where cows are kept or milked shall be well
ventilated and shall be so arranged as to avoid over- crowding.
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ITEM 4r. Dairy barns floors. - The floors and gutters of s%kch
parts of all dairy barns in which cows 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, calves, etc- shall be permitted
in parts of the barn used for milking.
ITEM 5r. Dairy barn, walls and ceilings. - The walls and ceil-
ings of all dairy barns shall be whitewashed once each year or
painted once every 2 years, or oftener, if necesoary, 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
cows are milked, the ceiling shall be tight. If the feed room
adjoins the milking space, it shall be separated therefrom by.a
dust -tight partition and door. No feed shall be stored in the
milking portion of the barn.
ITEM 6r. Dairy barn, cow yard. - All cowyards shall be graded
and drained as well as practicable and kept clean.
ITEM 7r. Manure disposal. - 1A11 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 thereof.
ITEM 8r. Mill: house or room, 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, ba* e�icidal
treatment, and storing of milk containers and utensils shall be done.
(a) The milk house or room shall be provided 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 approved manner. (c) It shall be
well lighted and ventilated. (d) It shall have all openings
effectively screened including outvrard- 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 t he heating of water for t he cleaning
of utensils; shall be equipped with two- compartment stationary wash
and rinse vats.
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ITEM 9r. iilk house or room cleanliness 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 10r, Toilet. - Every dairy farm shall be provided with one
or more sanitary toilets conveniently located and properly constructed,
operated, and maintained, so that the waste is inaccessible to flies
and does not pollute the surface 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
milk or milk products must be made of smooth nonabsorbent material
and of such construction as to be easily cleaned, and must be in
good repair. Joints and seams shall be soldered flush. P,oven wire
cloth shall not be used for straining milk. All milk pails shall be
of a small - mouth- design approved by the health officer. The manu-
facture, and handling of sinle- service
_ facture, packing, transportation, , g =g
containers and container caps and covers shall be conducted in a
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sanitary manner.
ITEM 13r. Utensils, cleaning. - All multi -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 14r. Utensils, bac edci_{3ra4 treatment. - All multi -use
containers, equipment: and other utensils used in the handling,
storages, or transportation of milk or milk products shall between
each usage be subjected to an approved bactericidal process with
steam, hot water, chlorinol or hot air.
ITEM 15r. Utensils, storage. - All containers and other utensils
used in the handling, storage or transportation of milk or milk
products shall be stored so as to not become contaminated before
being used.
ITMI 16r. Utensils, handling. - After bactericidal treatment
no container or other milk or milk product utensil shall be handled
in such manner as to permit any pert of any person or.his clothing
to come in contact with any surface with which milk or milk products
come in contact. - 9 -
ITEM 17r, Milking, udders and teats, abnormal milk. - The
udders and teats of all milking cows shall be clean and rinsed with
e, bactericida1 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.
ITEIw 18r. Milking, flanks. - The.,flanks, bellicsl� and tails of
all milking cows 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 and following any interruption.in the
milking operation. Wet -hand milking is prohibited. Convenient
facilities shall be provided for the washing of milkerst hands.
ITEM 20r. C lean clothing. - Milkers and milk handlers shall
wear clean outer garments while milking or handling milk., milk
products, 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 milk shall be
strained or poured in the dairy barn.
ITEM 23r. Cooling. - If milk is delivered to a milk plant or
receiving station for pasteurization or separation, it must be de-
livered within 2 hours after completion of milking or cooled to 70
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degrees F. or less and maintained at that average temperature until
delivered.
ITEM 24r. Miscellaneous. - All vehicles used for the trans-
portation of milk or milk product's shall be so constructed and
operated as to protect their contents from the sun and from contami-
nation. 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 -dorm sides and back,
provided that openings of the size necessary 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 milk or milk products shall be transported
with milk or milk products in such ,Manner as to permit contamination.
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The immediate surroundings of the dairy shall be kept in a neat,
clean condition.
Certified milk - pasteurized
q certified milk -raw which has be
\ in a milk plant conforming with
pasteurized milk.
Grade A pasteurized milk.
Certified milk - pasteurized is
:n pasteurized, cooled,,, and bottled
the requirements for grade A
Grade A pasteurized milk is grade
A raw milk, with such exceptions as are indicated if the milk is to
be pasteurized, 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 determined 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, 19.p2 22p, and 23p,, except that the
partitioning requirements 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
and easily cleaned material and shall be smooth, properly drained,
provided with trap;ed drains \and kept clean.
ITEM 2p. 'Halls and ceilings. - walls and ceilings of rooms in
which milk or milk products are handled or stored or in which milk
utensils are washed shall have a smooth; washable, light- colored
surface and shall be kept clean.
ITEM 3p. Doors and windows. - Unless other effecti ve means are
provided to prevent the access of flies, all openings into the outer
air shallbe effectively screened and doors shall be self - closing.
ITEM 4p. Lighting and ventilation. - All rooms shall be ti.ell
lighted and ventilated.
ITEM 5p. B:iscellaneous protection from contamination - The
various milk -plant operations s hall 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, coo;ing,,
and bottling operations, and (b) the washing and bactericidal treat-
ment of contincrs. Cans of raw milk shall not,bo unloaded directly
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into the- po.steurizing room. Pasteurized milk or milk products shall
not be permitted to come in contact with equipment with which un-
pasteurized 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 th5 the processing of milk and 'milk
products and the operations inciden thereto, except as may be
approved by the health officer.
ITEM 6p. oilc� t facilities. - Every milk plant shall be provided
with toilet facilities conforming with the ordinances o£ the City of
South Bond. Toilet rooms shall not open directly into any room in
which milk, milk products, equipment, or containers are handled 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, shall be separate from the building, and shall be of a. sanitary
type constructed and - operated in conformity with the requirements of
item 10r, grade A raw milk.
ITEM 7p. Water supply. - The water supply shall be easily
accessible, adequate and of a safe, sanitary quality.
ITEM 8p. Hand- washing facilities. - Convenient hand -washing
facilities shall be provided, including warm running water, soap,
and approved sanitary towels. The use of a common towel is
prohibited.
ITEM 9p. Sanitary piping. - All piping used to conduct milk
or milk products shall be "sanitary milk piping" of a type which can
be easily cleaned with a brush. Pasteurized milk and milk products
shall be conducted from one piece of equipment to another only through
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sanitary milk piping.
ITEM 10p. Construction and repair of containers and equipment. -
All multi -use containers and equipment with which milk or milk pro-
ducts come in contact shall be constructed in such manner as to be
easily cleaned and shall be kept in good repair. The manufacture,
packing, transportation and handling of single- service containers
and container caps and covers shall b e conducted in a sanitary manner.
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ITEM llp. Disposal of wastes. - All wastes shall be properly
disposed of.
ITEM 12p. Cleaning and bactericidal treatment of containers and
equipment. - All milk and milk product# containers and equipment,
except single- service containers, shall be thoroughly cleaned after
each usage,. All containers shall be subjected to an approved
bactericidal process after each cleaning and all equipment immediate-
ly before each usage. Vlhen empty and before being returned to a
producer by a milk plant each container shall be effectively cleaned
and subjected to bactericidal treatment.
ITEM 13p.
Storage of containers_ and equipment.
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After
bacteri-
cidal 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. ,
ITER 14p. Handling of containers and equipment.- Between bac-
tericidal 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
containers. - Mill",- 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 performed
as 'described in section 1 (L) of this ordinance
ITEM 17p. Cooling. - All milk and milk products received for
pasteurization shall immediately be cooled in approved equipment to
50 degrees 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 imned-
lately cooled in approved equipment to an average temperature of 50
degrees F., or less, as defined in section 1 (S)., and maintained
thereat until delivery.
ITEM 18p. Bottling. - Bottling of milk and milk products shall
be done at the place of pasteurization in approved mechanical
equipment.
ITEM 19p. Overflow milk. - Overflow milk or milk products shall
not be sold for human consumption.
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ITEM 20p. "Capping, - Capping of milk and milk products 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.
ITEM 21p. 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 pasteurization plant, or about to be
employed, whose work brings him in contact with the production,
handling, storage, or transportation of milk, milk products, con-
tainers, 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 s:
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
health officer may require for the purpose of determining freedom
from infection.
ITEM 22p, Personnel, cleanliness. - All persons coming in
contact with milk, milk products, containers,, or equipment shall
wear clean outer garments and shall keep their hands clean at all
times while thus engaged.
ITEM 23p. Miscellaneous.,- All vehicles used for the trans-
portation of milk or milk products shall be so constructdd and
operated as to protect their contents from the sun and from contami-
nation. 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 sides and back, pro-
vided that openings of the size necessary 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 milk or milk products shall be transported with milk
or milk products in such manner as to permit contamination, All
vehicles used for the distribution of milk or milk products shall
have the name of the distributor prominently displayed.
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The immediate surroundings of the milk plant shall be kept in
a neat, clean condition.
Grade B pasteurized milk. - Grade B pasteurized milk is pasteu-
rized milk which violates the bacterial standard for grade A pasteu-
rized milk and /or the provision of lip -cover caps of item 20p and /or
tho roquirement that grade A raw milk be used, but which conforms
with all other requirements for grade A pasteurized milk, has been
made from raw milk of not loss than grade B quality, and has an
average bacterial plate count after pasteurization and before delivery
not exceeding 50,000 per cubic centimeter, as determined under
sections 1(S) and 6.
SECTION 8. Grades of milk and milk products which may be sold.
From and after 12 months from the date on which this ordinance takes
effect no milk products shall be sold to the final consumer or to
restaurants, soda fountains, grocery stores, or similar establish-
ments except Grade A pasteurized and Certified pasteurised. Provided,
that when any 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 degrade 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. Provided, further, that during
the twelve months waiting period provided for herein, no milk or
milk products shall be sold in the City of South Bend, which do not
comply with the minimum requirements as set out in ordinance No. 2662
of the City of South Bend.
SECTION 9. Supplementary grading prescribed and regrading
authorized. - If at any time between the regular announcements of
the grades of milk or milk products, 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 milk or
milk products, and shall enforce proper labeling and placarding
thereof.
Any producer or distributor of milk or milk products the grade
of which has been lowered by the health officer, and who is properly
labeling his milk and milk products, 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,
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1�•
9
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 milk or milk products upws.rd 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 de-
grading.
-In case the lowered grade of the applicant's product is due to
a violation of an item of tho specifications prescribed in Section
7, other than average bacterial plate count, direct microscopic
count, reduction time, or cooling temperature, 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 conformed
with. Within one 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 rein -
spoctions as he may deem necessary to assure himself that the
applicant is again complying with the higher grade requirements, and,
in case the findings justify, shall regrade the milk or milk products
upward, but not before the lapse of two weeks from the date of.
degrading.
SECTION 10. 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 con-
tainor to anothcr..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.
All pasteurized milk and milk products shall be placed in their
final delivery containers in the plant in which they are pasteurized.
Silk and milk products sold in the distributor's containers in quant-
ities less than one 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 establishments
to sell or serve any mill: or milk product except in the original
container in which it was received from the distributor or from a
bulk container equipped with an approved dispensing device; Pro-
vided, That this requirement shall not apply to cream consumed on
I
the premises,,,`v;hich may be served 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 which have not been maintained, while in its possession, at
a temperature of 50 degrees F. or less.
No milk or milk products shall be permitted to,come in contact
with equipment with which a lower grade of milk or milk products has
been in contact unless such equipment hap., - first. been thoroughly
cleaned and subjected to bactericidal treatment.
Bottled milk or milk products, if stored in plater, shall be so
stored that the tope of the bottles will not be submerged.
It shall be the duty of all persons to whom milk.or milk pro-
ducts 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 products shall
not be used for any other purpose without the permission of the
health officer;
The delivery of milk or milk products to and the collection of
milk or milk products 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.
SECTION 110 Milk and milk products from points beyod the limits
of routine inspection. - Milk and milk products 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 re-
quirements of this ordinance; provided that the health officer shall
require evidence that the health officer having jurisdiction over
the production and processing is properly enforcing such provisions.
SECTION 12. Future dairies and milk plants. - All dairies and
milk plants from which milk or milk products are supplied to the
City of South Bend w'nich are hereafter constructed, reconstructed,
or extensively altered shall conform in their construction to the
requirements of this ordinance for grade A dairy farms producing
milk for grade A pasteurization plants. Properly prepared plans for
all dairies and milk plants which are hereafter constructed,
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I
reconstructed,'or `extensively altered shall be submitted to the health
officer for approval before work is begun. In the case of milk plants
signed approval shall be obtained from the health officer and /or the
State Health Department.
SECTION 13. Notification of disease. - Notice shall be sent to
the health officer 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 14. Procedure when infection suspected. - When suspic-
ion arises as to the possibility of transmission of infection from
any person concerned with the handling of milk or milk products, 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 distribution and use, (3) adequate medical and bacteriological
examination of the person, of his associates, and of his and their
body discharges.
SECTION 15. Enforcement interpretation. - This ordinance shall
be enforced by the health officer in accordance with the interpreta-
tions thereof contained in the 1939 edition of the United States
y, 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 interpre-
tation set out in -rne U. S. Public Health Service Milk Code shall be
binding.
SECTION 16. Penalty. - Any person who shall violate any pro-
vision of this ordinance shall be fined not more than 41;100.00 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.
z •
,SECTION 17. Repeal Clause. - All ordinances or parts of
ordinances in conflict herewith are hereby repealed, except as pro-
vided in Section 8 hereof.
SECTION 18. Unconstitutionality clause. Should any section,
paragraph, sentence, clause, or phrase of this ordinance be declared
unconstitutional or invalid for any reason, the remainder of said
ordinance shall not be affected thereby.
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SECTION 19. Date of effect. - This ordinance shall be in full
force and effect two woofs after its publication in pamphlet form
Vnich publication in pamphlet form is hereby ordered by the
Common Council.
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