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HomeMy WebLinkAbout06320 ORD - 11/01/1961JKH :9 -18 -61 t -- - AN ORDINANCE ADOPTING THE PROVISIONS OF "GRADE 'A' MILK PRODUCTS---A RECOMMENDED SAN N ORDI E AND PRODUCT US D IN WE-TANT A MILK ORDINANCE AND CODE - -1953 RECM4ENDATIONS OF THE PUBLIC HEALTH D IONS AND ADOPTED BY THE STATE DEPARTMENT OF HEALTH, AND SAID ORDINANCE SHALL APPLY TO ALL GRADE "A" DRY MILK PRODUCTS PRODUCED, HANDLED, PROCESSED, PACKAGED AND LABELED, SOLD OR OFFERED FOR SALE WITHIN THE CITY OF CORPUS CHRISTI, SAID REQUIREMENTS BEING ON FILE IN THE OFFICE OF THE CITY SECRETARY AND MADE A PART HEREOF BY REFERENCE FOR ALL INTENTS AND PURPOSES. WHEREAS, IN PURSUANCE TO THE AUTHORITY GRANTED IN SECTION Z OF SENATE BILL 83 OF THE 115TH LEGISLATURE OF TEXAS REGULAR SESSION, 1937, THE STATE COMMISSIONER OF HEALTH HAS DEFINED AND ADOPTED FOR SUPPLEMENT 1 TO THE "PUBLIC HEALTH SERVICE MILK ORDINANCE - 1953 RECOMMENDATIONS OF THE PUBLIC HEALTH SERVICE ", CERTAIN DEFINITIONS, SPECIFICATIONS, REQUIREMENTS AND REGULATIONS FOR THE PRODUCTION, HANDLING, PROCESSING, PACKAGING, AND LABELING OF GRADE "A" DRY MILK PRODUCTS; AND WHEREAS, IT HAS BEEN RECOMMENDED BY THE CtTY— COUNTY HEALTH OFFICER THAT SAID PROVISIONS BE ADOPTED BY THE CITY: NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. THAT THE SPECIFICATIONS AND REQUIREMENTS FOR GRADE "A" DRY MILK PRODUCTS AS ADOPTED BY THE STATE DEPARTMENT OF HEALTH (MILK ORDINANCE AND CODE — 1953 RECOMMENDATIONS OF THE PUBLIC HEALTH SERVICE, AS AMENDED) AND THE SPECIFICATIONS AND REQUIREMENTS PROMULGATED BY THE STATE DEPARTMENT OF HEALTH IN CONFORMITY WITH THE STANDARDS, SPECIFICA- TIONS AND REQUIREMENTS OF SAID MILK ORDINANCE AND CODE BE AND THE SAME ARE HEREBY ADOPTED AND SHALL BE AND CONSTITUTE THE GRADE "A" DRY MILK PRODUCTS ORDINANCE AND LAW APPLICABLE AND ENFORCEABLE WITHIN THE CITY OF CORPUS CHRISTI, TEXAS, AND SHALL APPLY TO THE PRODUCTION, HANDLING, PROCESSING, PACKAGING AND LABELING OF GRADE "A" DRY MILK PRODUCTS SOLD OR OFFERED FOR SALE WITHIN THE CITY OF CORPUS CHRISTI, TEXAS, SAID RE- QUIREMENTS BEING ON FILE IN THE OFFICE OF THE CITY SECRETARY AND MADE A PART HEREOF BY REFERENCE FOR ALL INTENTS AND PURPOSES. L,,... v32Q e SECTION 2. THE ENFORCEMENT OF SAID PROVISIONS, SPECIFICATIONS AND REQUIREMENTS ADOPTED IN SECTION 1 HEREOF SHALL BE MANDATORY ON THE OFFICERS AND EMPLOYEES OF THE CITY HEALTH DEPARTMENT. SECTION 3. THE LAWS OR PARTS OF LAWS IN CONFLICT HEREWITH ARE HEREWITH REPEALED. SECTION 4. THE INVALIDITY OF ANY PROVISION OF THIS ACT SHALL NOT AFFECT THE VALIDITY OF THE REMAINING SECTIONS OR PARTS OF THIS ACT. SECTION 5. INFOFAR AS APPLICABLE ANY VIOLATION OF THE PROVISIONS OF THIS ACT OR THE ACTS, SPECIFICATIONS AND REGULATIONS HEREBY ADOPTED SHALL BE PUNISHABLE BY A FINE OF NOT LESS THAN ONE HUNDRED ($100) DOLLARS OR MORE THAN TWO HUNDRED ($200) DOLLARS. SECTION 6. THIS ORDINANCE SHALL BE EFFECTIVE FROM AND AFTER ITS FINAL PASSAGE AND PUBLICATION OF THE CAPTION, ONE TIME, IN THE OFFICIAL PUBLICATION OF THE CITY OF CORPUS CHRISTI. THAT THE FOREGOING ORDINANCE WAS �jy�� FOR THE FI S TIME AND PAS 0 TO ITS SECOND READING ON PHIS YHE //U DAY OF 19 / BY THE FOLLOWING VOTES "'777`°°° BEN Fe MCDONALD TOM R. SWANTNER DR. JAMES L. BARNARD JOSE Re DELEON M. P. MALDONADO W. Js ROBERTS JAMES H. YOUNG THAT THE FOREGOING ORDINANCE WAS rp FOR THE S 0 T E AND PAS TO ITS THIRD READING ON THIS THE OF 19—%—L----, BY THE FOLLOWING VOTES BEN Fe MCDONALD TOM Re SWANTNER DR. JAMES Lo BARNARD JOSE R. DELEON M. P. MALDONADO W. Jo ROBERTS JAMES Ho YOUNG THAT THE FOREGOING ORDINANCE WAS READ FOR THE THIRD TIME AND PASSED FINALLY ON THIS THE .DAY OF `-u- , 19 VOTES _L._, BY THE FOLLOWING BEN F. MCDONALD TON R. SWANTNER DR, JAMES L. BARNARD Jose R. DeLEoN M. P. MALDONADO W. J. ROBERTS JAMES H. YOUNG PASSED AND APPROVED, THIS THE / AV ATTEST: Azlz T. CITY 5ECRETARY AP�DAYSOFO L FORM 1961 s 1g L/ e Y THE CITY OF CORPUS CHRISTI ERAS, TEXAS DRY )= REQUnUMENTS STATE DEPARTMM OF HEALTH SPECIFICATIO14S AND REQU71?ENEM FOR GRADE A DRY MILK PRODUCTS In pursuance to the authority granted in Section 2 of Senate Bill 83 of the 45th legislature of Texas Regular Session, 1937, the State Commissioner of Health has defined and adopted for Supplement 1 to the Public Health Service Milk Ordinance - 1953 Recommendations of the Public Health Service, the following definitions, speci- fications, requirements and regulations for the production, handling, processing, packaging, and labeling of Grade A Dry Milk Products, the same to be interpreted by the 1953 Public Health Service Dry Milk Products Code which is made a part hereof: Section 1. Definitions- -The following definitions shall apply in the inter- pretation and the enforcement of these specifications and requirements - A. Nlil.k - -Milk means the lacteal secretion, practically free from colostrum, obtained by the complete milking of one or more healthy cows, which contains not less than 8.25 percent milk solids - not -Pat and not less than 3.25 percent milkfat. B. Milk Products --Milk products mean and shall include skim milk, nonfat or defatted milk, cream, condensed or concentrated milk, and any fluid product made by the addition of any wholesome substance to milk or to any of these products. C. Pasteurized Milk Products -- Pasteurized milk products mean commercially prepared Grade A pasteurized milk products regulated by the Texas Milk Grading and labeling law and the specifications and requirements thereunder authorized. D. Dry Milk Products--Dry milk products mean products resulting from the drying of milk or milk products and any product resulting from the combination of dry milk products with other wholesome dry inEXedients. E. Grade A Dry Milk Products- -Grade A dry milk products mean dry milk products Flhich comply with the applicable provisions of this ordinance. F. Milk Drying Plant - -Milk drying plant means a plant in which milk or milk products are dried, or in which milk or milk products are received, separated, con- centrated or otherwise processed for drying. G. Health Officer- -The term "health officer" shall messy the legally appointed health officer of a city or county in Texas or his authorized representatives. R. State Commissioner of Health- -The term "State Commissioner of Health" shall mean the Commissioner of Health of the State of Texas. Section 2. Manufacture and Sale of Dry Milk Products - -go person shall produce, manufacture, sell or offer for sale in a city which has adopted a dry milk products A-AAS DRY MILK REQUIREA' a1 ETS ordinance or its police jurisdiction any dry milk product intended for•use in the commercial preparation of Grade A pasteurized milk products except Grade A dry milk products. Section 3. Permits - -It shall be unlawful for any person to manufacture, sell or offer for sale in a city which has adopted a dry milk products ordinance or its police jurisdiction any Grade A dry milk products for use in the commercial pre- paration of Grade A pasteurized milk products without a permit from the health officer. only a person who complies with these specifications and requirements shall be entitled to receive and retain such a permit: Provided, That manufacture of dry milk products which do not meet these specifications and requirements for Grade A dry milk products =4 wnieh are intended for other uses, shall not be construed to violate the terms of these specifications and requirements, if such prcduets are processed, packaged and stored separately and are plainly identified. It shall be unlawful for any person to manufacture in a plant operating under a permit for Grade A dry milk products in a city which has adopted a dry milk products ordinance or its police jurisdiction, any dry milk product which does not meet these specifications and requirements for Grade A dry milk products without a permit from the health officer who shall require that such r7ry milk products be processed, packaged and stored separately from Grade A dry milk products, and that each package of such products be plainly marked in such manner as to prevent con- fusion of the product with Grade A dry milk products. A permit for the manufacture of either Grade A dry milk products or dry milk products which do not meet the specifications and requirements for Grade A dry milk products may be temporarily suspended by the health officer upon violation by the holder of any of the applicable provisions of theme specifications and requirements, or may be revoked after a reasonable opportunity for a hearinG by the health officer upon serious or repeated violations. Section 4, Inspection of Milk Drying Plants - -Upon application for a permit, the health officer shall inspect the mills drying plant with respect to which the permit is sought. If he is satisfied that 'the operation of Ue plant can comply with these specifications and requirements, he shall issue a `ermit which shall not be transferable. If a permit is not issued, the health officer shall advise the applicant of the reasons therefor, and shall afford him ar_ opportunity for a hearing before the health officer. At least once every six months after the issuance of a permit, the health officer shall inspect all milk drying plants manufacturing dry milk products as defined herein within a city which has adopted a dry milk products ordinance or its police jurisdiction. He shall notify the holder of the permit of any failure to comply with the provisions of these specifications and requirements and, if a violation of Section 9 is involved, shall sallow a reasonable r3riod but in no event less than 3 working days, to correct conditions; Provided, That the health officer may require the suspension of operations until corrective action has been taken if, in his judgment, continued operation of the plant will result in a serious threat to the pullic health. Upon the expiration of the period allowed, he shall reinspect the premises. Violation of the same requirement on such reinspection shall cell for the immediate suspension of permit end /or court action. WAS DRY XIM RNMURMITS The health officer shall also make such other inspections and investigations on are necessary for the enforcement of these specifications and requirements. One copy of the inspection report shall be posted by the health officer in a conspicuous place upon an inside wall of the milk drying plant, 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. The holder of any permit under these specifications and requirements shall keep accurate daily records of the actual quantities of dry sulk products manu- factured and sold, together with a list of all sources of milk or milk products from Vaich such products were made, records of inspections rsnd tests, and pasteugi- zation time and temperature records. Such records shall be retained for a period of 12 months, and shall be available for examination in such establishment by the health officer during normal business hours. The health officer shell upon request be afforded access to all parts of any milk dying plant holding a permit from the health officer of a city which has adopted a dry milk products ordinance and at any reasonable time, for the purpose of inspecting and investigating conditions relating to the enforcement of these specifications and requirements. It shall be unlawful for any person who in an official capacity obtains any Information under these specifications and -requirements concerning any method or process or business operation which is entitled to protection as a trade secret to use such information to his own advantage or to reveal it to any person other than the health officer or as may be necessary for the enforcement of these specifications and requirements. Section 5. labeling of Grade A Dry Milk Products - -Grade A dry milk products shall be packaged in containers which are plainly and per-aanently labeled or marked with. W the common or usual name of the product and, if a mixture of two or more ingredients, the common or usual name of each ingredient; (2) the designation "Grade A "; (3) the identity of the plant in which the product was manufactured, either by name and address or by permit number and identity of the regulatory agency issuing such permit, and, in the levier case, the name sold add- ress of the distributor, qualified by an expression of connection with the praduat such as "Distributed by ", shell also be shown; (4) a code or lot number identifying the contents wrlth e, specific date, run, or batch of the product; and (5) the quantity of the contents of the container. Mber information, ouch as as registered trade mark design, may also be included, provided that it is not misleading and does not obscure any of the labeling required above. Section 6. bilk and Milk Products Wed in -the Vanufacture of Grade A Dry Milk Products- -Edilk and milk products used in the manufacture of Grade k dry milk products shall comply with the requirements for Grade A Raw Milk for Pasteurization as provided in the VA-1k Ordinance and Code a 1953 Recommendations of the public Health Service and shat be produced under the routine supervisioe of the health officer, or produced under provisions which are substantially equivalent to the requirements of said ordinance and code, and which are enforced with equal effectiveness as determined by a milk sanitation racing. section 7. Examination of Dry iH.1k Products - -The health officer sha3.collect and examine at least one sample of each Grade A dry milk product being manufactured during each month. Samples of milk products resulting from processing for drying shall be taken and examined as often as the health officer may deem necessary. Bacteriological examinations shall be in accordance with the procedures of the latest edition of Standard Y-6thods for the wxmination of Dajrx Products recommended by the Paerican Public HesaZth Association. Section 8. Bacteriological, Chemical and Physical Requirements for Grade A Dry Milk Products- -Grade A raw milk for pasteurization and Grade A raw milk products used for the manufacture of Grade A dry milk products shell at no time between receipt at the milk drying plant end pasteurization have a bacterial plate count or a direct microscopic clump count exceeding 400,000 per ml. After pasteurization such milk and milk products shall at no time have a bacterial count exceeding 30,000 per ml.: ProPided, TGat the above limits shall be increased in the case of concentrated products in proportion to the degaee of concentration. Grade A dry milk products shall have at no time a bacterial plate count exceeding 30,000 per gram, or a coliform count exceeding 90 per gram; shall be free of unwholesome and deleterious materials and shall comply with the chemical and physical requirements for the U. S. Extra -Grade spray process products as promul- gated by the U. S. Department of Agriculture and published in the Federal Register for August 5, 1954, and May 23, 1958• Section 9. Sanitation Requirements for Milk Drying Plants - -VAlk drying plants shall comply with the following items of eanitation: Item 1. Floors- -The floors of all rooms in which milk or milk products are handled or stored, or in which milk utensils are washed, or in which dry milk pro- ducts are handled, up to and including packaging, but not including rooms used only for storage of packaged dry milk products, shall be constructed of concrete, or other equally impervious and easily cleaned material, and shall be smooth, properly drained, provided with trapped drains, and kept clean and in good repair. Floors of storage rooms for packaged dry milk products six<11 be kept clean, dry and in good repair. Item 2. Malls and Ceilings--Valle and ceilings of rooms in which milk and milk products are handled ore ored, or in which milk utensils are washed, or in Which dry milk products are handled, up to and including packaging, but not including rooms used only for storage of packaged dry milk products, shall have a smooth washable, light- colored surface, and shall be kept clean and in good repair. Walls and ceilings of storage rooms for packaged dry products shall be kept clean. Item 3. Doors and Windows-- Usless other effective means are provided to pre- vent the access of flies, all openings to the outer air from rooms in which fluid milk and milk products are handled and stored, or in which milk utensils are washed, or in which dry milk products are processed or handled, up to and including packages,, but not including rooms used only for storage of packaged dry milk products shall be effectively screened, and all doors shadl be self - closing. Item 4. idghting and Ventilation - -All rooms shall be well lighted and well ventilated. M S DRY haLK RERUN Item 5. Hitscellaneous Protection from Contamination --The vdrious'milk drying plant operations shall be so located and conducted as to prevent any contamination of milk, milk producte, dry milk products, or clean equipment. All necessary means shall be used for the elimination of flies, other insects and rodents. Cans of incoming milk or milk products shell not be unloaded directly into the processing rooms. Roams in which milk, milk products, dry milk products, or unprotected clean containers are handled or stored shall not open directly into any stable or living quarters. The milk drying plant, milk containers, utensils and equipment shall be used for no purpose other than the processing of milk, milk products, or dry milk products, and the operations incident thereto, except as may be approved by the health officer. Item 6. Toilet Facilities - -Every milk dryins plant shall be provided with adequate and satisfactory flush - toilet facilities. Toilet rooms shall not open directly into any room in which milk, milk products, dry milk products, equipment, or containers are handled or stored. The doors of all toilet rooms shall be self - closing, and open outward. Toilet rooms shall be kept in a clean condition, in good repair, and well ventilated. The text of Section 10 of these regulations and a notice directing employees to wash their hands before returning to work shall be posted in all toilet rooms used by employees. Item 7. dater Sough - -The water supply shall be easily accessible, adequate, and of a safe, sanitary quality. Item 8. $and - Washing Facilities -- Convenient hand - washing facilities shall be provided, including hot and cold running water, soap, approved sanitary towels, and suitable waste disposal facilities. Sind- washing facilities shell be kept clean. The use of a common towel is prohibited. No employee shall resume work after using the toilet room without having washed his hands. Item 9. Sanitary Piping - -A11 piping, including fittings, used to conduct milk and milk products shall be constructed of smooth, imporvious, noncorrodible and nontoxic materials; shall be so constructed as to permit proper cleaning; and shall be kept in good repair. Item 10. Construction and Repair of Containers and Equipment- -All multiuse containers and equipment with which milk, milk products, or dry milk products come into contact shall be of smooth, impervious, noncorrodible, nontoxic material; shall be so constructed and so located as to be easily cleaned; and shall be kept in good repair. All single - service containers, gaskets, and other articles used shall have been manufactured, packaged, transported and handled in a sanitary manner. Item 11. Disposal of tastes - -All wastes shell be properly disposed of. A11 plumbing and equipment aheU be so designed and so installed as to prevent con- tam-1 ion of processing equipment by backflow. Item 3.2. Cleaning and Sectericidaal.Treatment of Containers and Eouipment- -All milk and milk - product containers and equipment, except single- service containers, shall be thoroughly cleaned after each use. Equipment comprising the drying system shall be cleaned more often if necessary to prevent contamination of the product. All multiuse containers shall be subjected effectively to a bactericidal process e b the health officer after each cleaning, and all equipment immed3� 1 befopreoeacch usage. When empty, sad before being returned to a producer by a milk az3ring Plant, each container shall bs thoroughly cleaned and subjected to an effective bactericidal process approved by the health officer. ^E76A., DRY xmx Mr. QirMWCD�Z Item 13. Storag of Containers and Equipment- -After bactericidal treatment, all saes and other multiuse milk, milk products, or dry milk products containers and equipment shall be transported and stored in such a ma nner as to be protected from contamination. item 14. Eane.lIM of Containers and Equipment -- Between bactericidal treat- ment and use, and during-pi iods of use; containers and equipment shall not be handled or operated in such a manner as to permit contamination of the milk, milt: Products, or day milk products. Ho milk, milk products, or dry milk products shall be permitted to come into contest with equipment with which ungraded or a lower grade of milk, milk products, or dry milk products have been in contact, unless the equipment has first been thoroWlay cleaned and effectively subjected to a bactericidal process approved by the health officer. containers and materials shall be purchased and stored only in sanitary packages, Shall be kept therein in a clean, day place above the floor until used, and shall be handled in a sanitary manner. I`e�em 16. Fasteurization ° -ntiik or milk products shall be pasteurized in the Plant in which the milk or milk product is dried. Pasteurization shall be taken to refer to the process of heating every particle of milk or milk products (1) to at least 145°F., and holding it at such temperature continuously for at least 30 minutes, (2 ) to at least 1610F., and holding it at such temperature continuously for at least 15 seconds or (3) to such other temperature, and holding it continu- ously at such temperature for such time as may be approved by the health officer. Pasteurization shall be Performed only in equipment which is constructed end operated in a manner approved by the health officer. Item 37. Cooliemn° -.917 milk received for drying, unless processed writhie two hours after receipt, shall be cooled immediately in approved equipment to 50 F., or less, and shall be maintained at that temperature until processed. Fluid MM products resulting from processing prior to dryin„ shall, if stored, be cooled Immediately to 500F. or less and maintained thereat until processing is resumed. Item 18. Packages and Packaging- -Dry milk products shall be packaged in now containers, c s be suf is ently substantial to protect the contents from contamination. Packaging shall be done oimly at the place of manufacture and by methods approved by the health officer. Item 19. Health of Personnel - -A physician authorized by the heallih officer shall hike a careful morbidity history of each person connected with a milk drying Plant or about to be employed by one, whose work will bring him into contact with the processing of milk, milk products or dry milk products or with unsealed con- tainers or processing equipment. If examination or history should suggest that such person may be a carrier of, or infected with, the organism of typhoid fever, Paratyphoid fever, or any other communicable disease likely to be transmitted through milk, he sbe33 secure appropriate specimens of body discharges and cause them to be examined in a laboratory approved by him or by the State Commissioner Of Health for such examinations, and, if the laboratory results so indicate, such person shall be barred from Such employment. Such person shall furnish such information, submit to such physical exami- rations, and provide such laboratory specimens as the health officer may require for the purpose of determining freedom from infection. No person with an infected cut or lesion on bands or arms shall handle milk, milk products, dry milk products, or unsealed containers, or processing equipment. Item 20. Cleanliness of personnel- -All persons who come into contact with milk, milk products, dry mtilk products, unsealed containers, or processing equip- ment, shall swear clean outer garments, and shall keep their hands clean at all times, while engaged in such work. Item 21. Vehicles- 44121- tank -cars and tank- trucks shall comply with the con- struction, cleaning, bactericidal treatment, storage, and handling requirementa of Items 5, 10, 3.2s 13, and 14. While containing milk, cream, or milk products, they shall be sealed and labeled in a manner approved by the health officer, yor eaeb tank shipment, a bill of lading shall be prepared in triplicate, containing the Identity of the product, the amount shipped, the grade, the receiving point, the shipping point, the shipper °s nom, the consignee's noms, and whether the product Is raw, pasteurized or otherwise heat treated. Bills of lading shall be kept on file by the shipper, the consignee, and the carrier for a period of 12 months for the information of the health officer. Section 10. Notification of Disease - -loo person with any disease in a com- municable form, or who is a carrier of such disease, shall work in any milk drying plant in SOY capacity which brings him into contact with the production, handling, storage, or transportation of milk, min products, unpackaged dry milk products, containers, or equipment; and no milk drying plant shall employ in any such capacity any such parson, or any person suspected of having any disease in a communicable form or of being a pier of such disease. Any processor of dry milk products In whose milk drying plant any communicable disease occurs, or wro suspects that any employee has contracted any disease in a communicable form or has become a, carrier of such disease, aha12. notify the health officer immediately. Section 11. Flixedure when Infection is Suspected - -When reasonable cause exists to suspect the possibility of transmission of infection from any person concerned with the handling of milk, milk products and dry mills products, the health officer is authorized to require any or au of the fo?lowi_ng msa€ss�ese (1) The immmd1ate exclusion of that person from handling milk, milk products eyed dry milk products; (2) the imiediete exclusion of the milk, milk products, and dry milk products concerned from distribution end use; and (3) adequate medical and baeterioloeioal examination of the person, of his associates, and of his and their body discharges. Section 12. Dry Milk Products from Points Beyond Limits of Routine inspection -= Dry milk products from points beyond the limits of routine inspection of a city which has adopted a dry milk products ordinance may not be sold or offered for sale for use in the commercial preparation of Grade A pasteurized milk products in a city which hoe adopted a dry milk products ordinance or its police jurisdiction, unless produced under provisions which are substantially equivalent to the require- ments of these specifications and requirements, and which are enforced with equal effectiveness as determined by a milk sanitation rating. Section 13. Enforcement Interpretation - -These specifications mid require - ments shall be enforced by the health officer in accordance with the interprets; thereof contained in Fart III of Grade A Dry Mk Praductsv_A Rsr!nm smdad RaM+ a certified copy of which shall be on file in the office of the in conjunction with the MIk Ordirtance and Code--1253 Recommendations These specifications and requirements were adopted and promulGated on the 20th day of June, 1900, and shall be in effect tares months after that date. Approved.: J. E. Peavy, M. D. Comissioner of Health