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HomeMy WebLinkAbout08211 ORD - 10/19/1966IMS:JKH:10 -4 -66 AN ORDINANCE DEFINING "MILK" AND CERTAIN "MILK PRODUCTS," "MILK PRODUCER," 'PASTEURIZATION, ETC.; PROHIBITING THE SALE OF ADULTERATED AND MISBRANDED MILK AND MILK PRODUCTS; REQUIRING PERMITS FOR THE SALE OF MILK AND MILK PRODUCTS; REGULATING THE INSPECTION OF DAIRY FARMS AND MILK PLANTS, AND THE EXAMINATION, LABELING, PASTEURIZATION, DISTRIBUTION AND SALE AF MILK AND MILK PRODUCTS; PROVIDING FOR THE CON- STRUCTION OF FUTURE DAIRY FARMS AND MILK PLANTS, AND THE ENFORCEMENT OF THIS ORDINANCE; PROVIDING FOR SEVERABILITY; PROVIDING FOR PENALTY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1• THE FOLLOWING DEFINITIONS SHALL APPLY IN THE INTER- PRETATION AND THE ENFORCEMENT OF THIS ORDINANCE: A. MILK IS HEREBY DEFINED TO BE THE LACTEAL SECRETION, PRACTICALLY FREE FROM COLOSTRUM, OBTAINED BY THE COMPLETE MILKING OF ONE OR MORE HEALTHY COWS, WHICH CONTAINS NOT LESS THAN S 1/4 PERCENT MILK SOLIDS - NOT FAT - AND NOT LESS THAN 3 1/4 PERCENT MILKFAT. (MILKFAT OR BUTTERFAT IS THE FAT OF MILK.) A -1• GOAT MILK IS THE LACTEAL SECRETION, PRACTICALLY FREE FROM COLOSTRUM, OBTAINED BY THE COMPLETE MILKING OF HEALTHY GOATS. THE WORD "MILK" SHALL BE INTERPRETED TO INCLUDE GOAT MILK. B. CREAM IS THE SWEET, FATTY LIQUID SEPARATED FROM MILK, WITH OR WITHOUT THE ADDITION OF MILK OR SKIM MILK, WHICH CONTAINS NOT LESS THAN 18 PERCENT MILKFAT. B -1. LIGHT CREAM, COFFEE CREAM, OR TABLE CREAM IS CREAM WHICH CONTAINS NOT LESS THAN 18 PERCENT BUT LESS THAN 30 PERCENT MILKFAT. B -Z. WHIPPING CREAM IS CREAM WHICH CONTAINS NOT LESS THAN 30 PERCENT MILKFAT. B-3. LIGHT WHIPPING CREAM IS CREAM THAT CONTAINS NOT LESS THAN 1' 30 PERCENT BUT LESS THAN 36 PERCENT MILKFAT. B -4. HEAVY CREAM OR HEAVY WHIPPING CREAM IS CREAM WHICH CONTAINS NOT LESS THAN 36 PERCENT MILKFAT. B -5. WHIPPED CREAM IS WHIPPING CREAM INTO WHICH AIR OR GAS HAS BEEN INCORPORATED. 8211 B -6. WHIPPED LIGHT CREAM, COFFEE CREAM, OR TABLE CREAM IS LIGHT CREAM, COFFEE CREAM, OR TABLE CREAM INTO WHICH AIR OR GAS HAS BEEN INCORPORATED. B -7. SOUR CREAM OR CULTURED SOUR CREAM IS A FLUID OR SEMIFLUID CREAM RESULTING FROM THE SOURING, BY LACTIC ACID PRODUCING BACTERIA OR SIMILAR CULTURE, OF PASTEURIZED CREAM, WHICH CON- TAINS NOT LESS THAN 0.20 PERCENT ACIDITY EXPRESSED AS LACTIC ACID. C. HALF- AND -HALF IS A PRODUCT CONSISTING OF A MIXTURE OF MILK AND CREAM WHICH CONTAINS NOT LESS THAN 14.5 PERCENT MILKFAT. C -1. SOUR HALF - AND -HALF OR CULTURED HALF - AND -HALF IS FLUID OR SEMIFLUID HALF - AND -HALF DERIVED FROM THE SOURING, BY LACTIC ACID PRODUCING BACTERIA OR SIMILAR CULTURE, OF PASTEURIZED HALF - AND -HALF, WHICH CONTAINS NOT LESS THAN 0.20 PERCENT ACIDITY EXPRESSED AS LACTIC ACID. D. RECONSTITUTED OR RECOMBINED MILK AND MILK PRODUCTS SHALL MEAN MILK OR MILK PRODUCTS DEFINED IN THIS SECTION WHICH RESULT FROM THE RECOMBINING OF MILK CONSTITUENTS WITH POTABLE WATER. E. CONCENTRATED MILK IS A FLUID PRODUCTS UNSTERILIZED AND UN- SWEETENED, RESULTING FROM THE REMOVAL OF A CONSIDERABLE PORTION OF THE WATER FROM MILK, WHICH, WHEN COMBINED WITH POTABLE WATERS RESULTS IN A PRODUCT CONFORMING WITH THE STAN- DARDS FOR MILKFAT AND SOLIDS - NOT FAT - OF MILK AS DEFINED ABOVE. E -1. CONCENTRATED MILK PRODUCTS SHALL BE TAKEN TO MEAN AND TO INCLUDE HOMOGENIZED CONCENTRATED MILK, VITAMIN D CONCENTRATED MILK, CONCENTRATED SKIM MILK, FORTIFIED CONCENTRATED SKIM MILK, CONCENTRATED LOWFAT MILK, FORTIFIED CONCENTRATED LOWFAT MILKS CONCENTRATED FLAVORED MILKI CONCENTRATED FLAVORED MILK PRODUCTS, AND SIMILAR CONCENTRATED PRODUCTS MADE FROM CON- CENTRATED MILK OR CONCENTRATED SKIM MILK, AND WHICH WHEN COMBINED WITH POTABLE WATER IN ACCORDANCE WITH INSTRUCTIONS PRINTED ON THE CONTAINER, CONFORM WITH THE DEFINITIONS OF THE CORRESPONDING MILK PRODUCTS IN THIS SECTION. -2- F. SKIM MILK OR SKIMMED MILK IS MILK FROM WHICH SUFFICIENT MILKFAT HAS BEEN REMOVED TO REDUCE ITS MILKFAT CONTENT TO LESS THAN 0.50 PERCENT. G. LOWFAT MILK IS MILK FROM WHICH A SUFFICIENT PORTION OF MILKFAT HAS BEEN REMOVED TO REDUCE ITS MILKFAT CONTENT TO NOT LESS THAN 0.50 PERCENT AND NOT MORE THAN 2.0 PERCENT. H. VITAMIN D MILK AND MILK PRODUCTS ARE MILK AND MILK PRODUCTS, THE VITAMIN D CONTENT OF WHICH HAS BEEN INCREASED BY AN APPROVED METHOD TO AT LEAST 400 U.S.P. UNITS PER QUART. I. FORTIFIED MILK AND MILK PRODUCTS ARE MILK AND MILK PRODUCTS OTHER THAN VITAMIN D MILK AND MILK PRODUCTS, THE VITAMIN AND/OR MINERAL CONTENT OF WHICH HAVE BEEN INCREASED BY A METHOD AND IN AN AMOUNT APPROVED BY THE HEALTH AUTHORITY. J. HOMOGENIZED MILK IS MILK WHICH HAS BEEN TREATED TO INSURE BREAKUP OF THE FAT GLOBULES TO SUCH AN EXTENT THAT, AFTER 48 HOURS OF QUIESCENT STORAGE AT 45° F., NO VISIBLE CREAM SEPARA- TION OCCURS ON THE MILK, AND THE FAT PERCENTAGE OF THE TOP 100 MILLILITERS OF MILK IN A QUART, OR OF APPORTIONATE VOLUMES IN CONTAINERS OF OTHER SIZES DOES NOT DIFFER BY MORE THAN 10 PERCENT FROM THE FAT PERCENTAGE OF THE REMAINING MILK AS DETERMINED AFTER THOROUGH MIXING. THE WORD "MILK" SHALL BE INTERPRETED TO INCLUDE HOMOGENIZED MILK. K. FLAVORED MILK OR MILK PRODUCTS SHALL MEAN MILK AND MILK PRODUCTS AS DEFINED IN THIS ORDINANCE TO WHICH HAVE BEEN ADDED A FLAVOR AND/OR SWEETENER. L. BUTTERMILK IS A FLUID PRODUCT RESULTING FROM THE MANUFACTURE OF BUTTER FROM MILK OR CREAM. IT CONTAINS NOT LESS THAN 8 1/4 PERCENT OF MILK SOLIDS - NOT FAT. i L -1. CULTURED BUTTERMILK IS A FLUID PRODUCT RESULTING FROM THE SOURING, BY LACTIC ACID PRODUCING BACTERIA OR SIMILAR CULTURE OF PASTEURIZED SKIM MILK OR PASTEURIZED LOWFAT MILK. M. CULTURED MILK OR CULTURED WHOLE MILK BUTTERMILK IS A FLUID PRODUCT RESULTING FROM THE SOURING, BY LACTIC ACID PRODUCING BACTERIA OR SIMILAR CULTURE OF PASTEURIZED MILK. -3- N. ACIDIFIED MILK AN D MILK PRODUCTS ARE MILK AND MILK PRODUCTS OBTAINED BY THE ADDITION OF FOOD GRADE ACIDS TO PASTEURIZED CREAM, HALF - AND -HALF, MILK, LOWFAT MILK, OR SKIM MILK, RESULTING IN A PRODUCT ACIDITY OF NOT LESS THAN 0.20 PERCENT EXPRESSED AS LACTIC ACID. O. MILK PRODUCTS INCLUDE CREAM, LIGHT CREAM, COFFEE CREAM, TABLE; CREAM, WHIPPING CREAM, LIGHT WHIPPING CREAM, HEAVY CREAM, HEAVY WHIPPING CREAM, WHIPPED CREAMS WHIPPED LIGHT CREAM, WHIPPED COFFEE CREAM, WHIPPED TABLE CREAM, SOUR CREAM, CUL- TURED SOUR CREAMS HALF- AND-HALF, SOUR HALF- AND -HALF, CULTURED HALF- AND -HALF, RECONSTITUTED OR RECOMBINED MILK AND MILK PRODUCTS, CONCENTRATED MILK, CONCENTRATED MILK PRODUCTS, SKIM MILK, SKIMMED MILK, LOWFAT MILK, FORTIFIED MILK AND MILK PRODUCTS VITAMIN D MILK AND MILK PRODUCTS, HOMOGENIZED MILK, FLAVORED MILK OR MILK PRODUCTS, BUTTERMILK, CULTURED BUTTERMILK, CULTURED MILK, CULTURED WHOLE MILK BUTTERMILK, AND ACIDIFIED MILK AND MILK PRODUCTS. THIS DEFINITION IS NOT INTENDED TO INCLUDE SUCH PRODUCTS AS STERILIZED MILK AND MILK PRODUCTS HERMETICALLY SEALED IN A CONTAINER AND SO PROCESSED, EITHER BEFORE OR AFTER SEALING, AS TO PREVENT MICROBIAL SPOILAGE, OR EVAPORATED MILK, CONDENSED MILKS BUTTER, ICE CREAM AND OTHER FROZEN DESSERTS, DRY MILK PRODUCTS (EXCEPT AS DEFINED HEREIN), OR CHEESE EXCEPT WHEN THEY ARE COMBINED WITH OTHER SUBSTANCES TO PRODUCE ANY PASTEURIZED MILK OR MILK PRODUCT DEFINED HEREIN. P. GRADE A DRY MILK PRODUCTS ARE MILK PRODUCTS WHICH HAVE BEEN PRODUCED FOR USE IN GRADE A PASTEURIZED MILK PRODUCTS AND WHICH HAVE BEEN MANUFACTURED UNDER THE PROVISIONS OF GRADE A DRY MILK PRODUCTS -- RECOMMENDED SANITATION ORDINANCE AND CODE FOR DRY MILK PRODUCTS USED IN GRADE A PASTEURIZED MILK PRODUCTS. Q. OPTIONAL INGREDIENTS SHALL MEAN AND INCLUDE GRADE A DRY MILK PRODUCTS, CONCENTRATED MILK, CONCENTRATED MILK PRODUCTS, FLAVORS, SWEETENERS, STABILIZERS, EMULSIFIERS, ACIDIFIERS, VITAMINS, MINERALS AND SIMILAR INGREDIENTS. R. ADULTERATED MILK AND MILK PRODUCTS - ANY MILK OR MILK PRODUCT SHALL BE DEEMED TO BE ADULTERATED ��� IF IT BEARS OR CONTAINS ANY POISONOUS OR DELETERIOUS SUBSTANCE IN A QUANTITY WHICH MAY RENDER IT INJURIOUS TO HEALTH; (2) IF IT BEARS OR CONTAINS ANY ADDED POISONOUS OR DELETERIOUS SUBSTANCE FOR WHICH NO SAFE TOLERANCE HAS BEEN ESTABLISHED BY STATE OR FEDERAL REGULATION OR IN EXCESS OF SUCH TOLERANCE IF ONE HAS BEEN ESTABLISHED; (4) IF IT CONSISTS IN WHOLE OR IN PART, OF ANY SUBSTANCE UNFIT FOR HUMAN CONSUMPTION; (4) IF IT HAS BEEN PRODUCED, PROCESSED, PREPARED, PACKED OR HELD UNDER INSANITARY CONDITIONS; (5) IF ITS CONTAINER IS COMPOSED, IN WHOLE OR IN PART, OF ANY POISON- OUS OR DELETERIOUS SUBSTANCE WHICH MAY RENDER THE CONTENTS INJURIOUS TO HEALTH; OR (6) IF ANY SUBSTANCE HAS BEEN ADDED THERETO OR MIXED OR PACKED THEREWITH SO AS TO INCREASE ITS BULK OR WEIGHT, OR REDUCE ITS QUALITY OR STRENGTH, OR MAKE IT APPEAR BETTER OR OF GREATER VALUE THAN IT IS. R -1. MISBRANDED MILK AND MILK PRODUCTS - MILK AND MILK PRODUCTS ARE MISBRANDED (1) WHEN THEIR CONTAINER(S) BEAR OR ACCOMPANY ANY FALSE OR MISLEADING WRITTEN PRINTED OR GRAPHIC MATTER; (Z) WHEN SUCH MILK AND MILK PRODUCTS DO NOT CONFORM TO THEIR DEFI- NITIONS AS CONTAINED IN THIS ORDINANCE; AND (3) WHEN SUCH PRODUCTS ARE NOT LABELED IN ACCORDANCE WITH SECTION 4 OF THIS ORDINANCE. S. PASTEURIZATION - THE TERMS "PASTEURIZATION," "PASTEURIZED," AND SIMILAR TERMS SHALL MEAN THE PROCESS OF HEATING OF EVERY PARTICLE OF MILK OR MILK PRODUCT TO AT LEAST 145 °F. AND HOLD- ING IT CONTINUOUSLY AT OR ABOVE THIS TEMPERATURE FOR AT LEAST 30 MINUTES, OR TO AT LEAST 166° F., AND HOLDING IT CONTINUOUSLY AT OR ABOVE THIS TEMPERATURE FOR AT LEAST 15 SECONDS, IN EQUIP- MENT WHICH IS PROPERLY OPERATED AND APPROVED BY THE HEALTH AUTHORITY; PROVIDED, THAT MILK PRODUCTS WHICH HAVE A HIGHER MILKFAT CONTENT THAN MILK AND/OR CONTAIN ADDED SWEETENERS SHALL BE HEATED TO AT LEAST 150' F., AND HELD CONTINUOUSLY AT OR ABOVE THIS TEMPERATURE FOR AT LEAST 30 MINUTES, OR TO AT LEAST 166° F., AND HELD CONTINUOUSLY AT OR ABOVE THIS TEMPERATURE FOR AT LEAST 15 SECONDS; PROVIDED -5- FURTHER, THAT NOTHING IN THIS DEFINITION SHALL BE CONSTRUED AS BARRING ANY OTHER PASTEURIZATION PROCESS WHICH HAS BEEN RECOGNIZED BY THE UNITED STATES PUBLIC HEALTH SERVICE TO BE EQUALLY EFFICIENT AND WHICH IS APPROVED Bf THE STATE HEALTH AUTHORITY. T. SANITIZATION IS THE APPLICATION OF ANY EFFECTIVE METHOD OR SUBSTANCE TO A CLEAN SURFACE FOR THE DESTRUCTION OF PATHOGENS, AND OF OTHER ORGANISMS AS FAR AS IS PRACTICABLE. SUCH TREAT- MENT SHALL NOT ADVERSELY AFFECT THE EQUIPMENT, THE MILK OR MILK PRODUCT OR THE HEALTH OF CONSUMERS, AND SHALL BE ACCEPT- ABLE TO THE HEALTH AUTHORITY. U. MILK PRODUCER IS ANY PERSON WHOOPERATES A DAIRY FARM AND PROVIDES, SELLS OR OFFERS MILK FOR SALE TO A MILK PLANT, RECEIVING STATION OR TRANSFER STATION. V. MILK HAULER IS ANY PERSON WHO TRANSPORTS RAW MILK AND/OR RAW MILK PRODUCTS TO OR FROM A MILK PLANT, RECEIVING OR TRANSFER STATION. W. MILK DISTRIBUTOR IS ANY PERSON WHO OFFERS FOR SALE OR SELLS TO ANOTHER ANY MILK OR MILK PRODUCTS, X. HEALTH AUTHORITY SHALL MEAN THE HEALTH OFFICER OF THE CITY OF x ....n CORPUS CHRISTI OR HIS AUTHORIZED REPRESENTATIVE. THE TERM "HEALTH AUTHORITY," WHEREVER IT APPEARS IN THIS ORDINANCE, SHALL MEAN THE APPROPRIATE AGENCY HAVING JURISDICTION AND CONTROL OVER THE MATTERS EMBRACED WITHIN THIS ORDINANCE. Y. DAIRY FARM IS ANY PLACE OR PREMISES WHERE ONE OR MORE COWS OR GOATS ARE KEPT AND FROM WHICH A PART OR ALL OF THE MILK OR MILK PRODUCT(S) I$ PROVIDED, SOLD OR OFFERED FOR SALE TO A MILK PLANT, TRANSFER STATION, OR RECEIVING STATION. Z. MILK PLANT AND/OR RECEIVING STATION IS ANY PLACES PREMISES OR ESTABLISHMENT WHERE MILK OR MILK PRODUCTS ARE COLLECTED, HANDLED, PROCESSED, STORED, PASTEURIZED, BOTTLED OR PREPARED FOR DISTRIBUTION. ' -6- Z -1. TRANSFER STATION IS ANY PLACE, PREMISES OR ESTABLISHMENT WHERE MILK OR MILK PRODUCTS ARE TRANSFERRED DIRECTLY FROM ONE TRANSPORT TANK TO ANOTHER. AA. OFFICIAL LABORATORY IS A BIOLOGICAL, CHEMICAL OR PHYSICAL LABORATORY WHICH IS UNDER THE DIRECT SUPERVISION OF THE STATE OR A LOCAL HEALTH AUTHORITY. BB. OFFICIALLY DESIGNATED LABORATORY IS A COMMERCIAL LABORATORY AUTHORIZED TO DO OFFICIAL WORK BY THE SUPERVISING AGENCY OR A MILK INDUSTRY LABORATORY OFFICIALLY DESIGNATED BY THE SUPER- VISING AGENCY FOR THE EXAMINATION OF PRODUCER SAMPLES OF GRADE A RAW MILK FOR PASTEURIZATION. CC. PERSON SHALL MEAN ANY INDIVIDUAL, PLANT OPERATOR, PARTNERSHIP, CORPORATION, COMPANY, FIRM, TRUSTEE OR ASSOCIATION. DD. ANDAR - WHERE THE TERM "AND/OR" IS USED, "AND" SHALL APPLY WHERE APPROPRIATE, OTHERWISE "OR" SHALL APPLY. SECTION 2. ADULTERATED OR MISBRANDED MILK OR MILK PRODUCTS. NO PERSON SHALL, WITHIN THE MUNICIPALITY OF CORPUS CHRISTI OR ITS POLICE JURISDICTION, PRODUCE, PROVIDES SELL, OFFER, OR EXPOSE FOR SALE, OR HAVE IN POSSESSION WITH INTENT TO SELL ANY MILK OR MILK PRODUCT WHICH IS ADULTERATED OR MISBRANDED; PROVIDED, THAT IN AN EMERGENCY, THE SALE OF PASTEURIZED MILK AND MILK PRODUCTS WHICH HOVE NOT BEEN GRADED OR THE GRADE OF WHICH IS UNKNOWN, MAY BE AUTHORIZED BY THE HEALTH AUTHORITY, IN WHICH CASE SUCH PRODUCTS SHALL BE LABELED "UNGRADED ". ANY ADULTERATED OR MISBRANDED MILK OR MILK PRODUCT MAY BE IMPOUNDED BY THE HEALTH AUTHORITY AND DISPOSED OF IN ACCORDANCE WITH APPLICABLE LAWS OR REGULATIONS. SECTION 3. PERMITS. IT SHALL BE UNLAWFUL FOR ANY PERSON WHO DOES NOT POSSESS A PERMIT FROM THE HEALTH AUTHORITY OF THE CITY OF CORPUS CHRISTI TO BRING INTO, SEND INTO, OR RECEIVE INTO THE CITY OF CORPUS CHRISTI OR ITS POLICE JURISDICTION, FOR SALE, OR TO SELLS OR OFFER FOR SALE THEREIN, OR TO HAVE IN STORAGE ANY MILK OR MILK PRODUCTS DEFINED IN THIS ORDINANCE; PROVIDED THAT GROCERY STORES, RESTAURANTS, SODA FOUNTAINS, AND SIMILAR ESTABLISHMENTS WHERE MILK OR MILK PRODUCTS ARE SERVED OR SOLD AT RETAIL, -7- BUT NOT PROCESSED MAY BE EXEMPT FROM THE REQUIREMENTS OF THIS SECTION. ONLY A PERSON WHO COMPLIES WITH THE REQUIREMENTS OF THIS ORDINANCE SHALL BE ENTITLED TO RECEIVE AND RETAIN SUCH A PERMIT. PERMITS SHALL NOT BE TRANSFERABLE WITH RESPECT TO PERSONS AND/OR LOCATIONS. THE HEALTH AUTHORITY SHALL SUSPEND SUCH PERMIT, WHENEVER HE HAS REASON TO BELIEVE THAT A PUBLIC HEALTH HAZARD EXISTS; OR WHENEVER THE PERMIT HOLDER HAS VIOLATED ANY OF THE REQUIREMENTS OF THIS ORDINANCE; OR WHENEVER THE PERMIT HOLDER HAS INTERFERED WITH THE HEALTH AUTHORITY IN THE PERFORMANCE OF HIS DUTIES; PROVIDED, THAT THE HEALTH AUTHORITY SHALL IN ALL CASES, SERVE UPON THE HOLDER A WRITTEN NOTICE OF INTENT TO SUSPEND PERMITS WHICH NOTICE SHALL SPECIFY WITH PARTICULARITY THE VIOLATION(S) IN QUESTION AND AFFORD THE HOLDER SUCH REASONABLE OPPORTUN I TY TO CORRECT SUCH VIOLATION(S) AS MAY BE AGREED TO BY THE PARTIES, OR IN THE ABSENCE OF AGREEMENT, FIXED BY THE HEALTH AUTHORITY, BEFORE MAKING ANY ORDER OF SUSPENSION EFFECTIVE. PROVIDED FURTHER, THAT WHERE THE MILK OR MILK PRODUCT INVOLVED CREATES, OR APPEARS TO CREATE, AN IMMINENT HAZARD TO THE PUBLIC HEALTH; OR IN ANY CASE OF A WILLFUL REFUSAL TO PERMIT AUTHORIZED INSPECTION; OR WHEN THE BACTERIA COUNTS, COLIFORM DETERMINATIONS, OR COOLING TEMPERATURES ARE IN VIOLATION OF THE APPLICABLE REQUIREMENTS OF SECTION 6 OR SECTION 11, THE HEALTH AUTHORITY SHALL IMMEDIATELY SUSPEND SUCH PERMIT. A SUSPENSION OF PERMIT SHALL REMAIN IN EFFECT UNTIL THE VIOLATION HAS BEEN CORRECTED TO THE SATISFACTION OF THE HEALTH AUTHORITY. UPON WRITTEN APPLICATION OF ANY PERSON WHOSE PERMIT HAS BEEN SUS - 3 PENDED, OR UPON APPLICATION WITHIN 48 HOURS OF ANY PERSON WHO HAS BEEN q `1 SERVED WITH A NOTICE OF INTENTION TO SUSPEND, THE HEALTH AUTHORITY SHALL WITHIN 72 HOURS PROCEED TO A HEARING TO ASCERTAIN THE FACTS OF SUCH VIOLA- TION OR INTERFERENCE AND UPON EVIDENCE PRESENTED AT SUCH HEARING SHALL AFFIRM, MODIFY OR RESCIND THE SUSPENSION. UPON REPEATED VIOLATION(S), THE HEALTH AUTHORITY MAY REVOKE SUCH PERMIT FOLLOWING REASONABLE NOTICE TO THE PERMIT HOLDER AND AN OPPORTUNITY FOR A HEARING. THIS SECTION IS NOT INTENDED TO PRECLUDE THE INSTITUTION OF COURT ACTION AS PROVIDED IN SECTIONS 5 AND 67. IE SECTION 4. LABELING. ALL BOTTLESy CONTAINERS AND PACKAGES ENCLOSING MILK OR MILK PRODUCTS DEFINED IN SECTION 1 OF THIS ORDINANCE SHALL BE CONSPICUOUSLY LABELED OR MARKED WITH (1) THE NAME OF THE CONTENTS AS GIVEN IN THE DEFINITION IN THIS ORDINANCE; (2) THE WORD "RECONSTITUTED" OR "RECOMBINED" IF THE PRODUCT IS MADE BY RECONSTITUTION OR RECOMBINATION; (3) THE GRADE OF CONTENTS; (4) THE WORD "PASTEURIZED" IF THE CONTENTS ARE PASTEURIZED AND THE IDENTITY OF THE PLANT WHERE PASTEURIZED; (5) THE WORD "RAW" IF THE CONTENTS ARE RAW AND THE NAME OR OTHER IDENTITY OF THE PRODUCER; (0) THE DESIGNATION "VITAMIN D" AND THE NUMBER OF U.S.P. UNITS PER QUART IN THE CASE OF VITAMIN D MILK OR MILK PRODUCTS; (7) THE VOLUME OR PROPORTION OF WATER TO BE ADDED FOR RECOMBINING IN THE CASE OF CONCENTRATED MILK OR MILK PRODUCTS; (S) THE WORDS "NONFAT MILK SOLIDS ADDED" AND THE PERCENTAGE ADDED IF SUCH SOLIDS HAVE BEEN ADDED, EXCEPT THAT THIS REQUIREMENT SHALL NOT APPLY TO RECONSTITUTED OR RECOMBINED MILK OR MILK PRODUCTS; (9) THE WORDS "ARTIFICIALLY SWEETENED" IN THE NAME IF NON- NUTRITIVE AND/OR ARTIFICIAL SWEETENERS ARE USED; AND (10) THE COMMON NAME OF STABILIZERS, DISTILLATES AND INGREDIENTS; PROVIDED, THAT (A) ONLY THE IDENTITY OF THE MILK PRODUCER SHALL BE REQUIRED ON CANS DELIVERED TO A MILK PLANT WHICH RECEIVES ONLY GRADE A RAW MILK FOR PASTEURIZATION, AND WHICH IMMEDIATELY DUMPS, WASHES AND RETURNS THE CANS TO THE MILK PRODUCER; (B) THE IDENTITY OF BOTH MILK PRODUCER AND THE GRADE SHALL BE REQUIRED ON CANS DELIVERED TO A MILK PLANT WHICH RECEIVES BOTH GRADE A RAW MILK FOR PASTEURIZATION AND UNGRADED RAW MILK, AND WHICH IMMEDIATELY DUMPS, WASHES AND RETURNS THE CANS TO THE MILK PRODUCER; (C) IN THE CASE OF CONCENTRATED MILK PRODUCTS, THE SPECIFIC NAME OF THE PRODUCT SHALL BE SUBSTITUTED FOR THE GENERIC TERM "CONCENTRATED MILK PRODUCTS ", E.G., "HOMOGENIZED CONCENTRATED MILK ", "CONCENTRATED SKIM MILK ", "CONCENTRATED CHOCOLATE MILK," "CONCENTRATED CHOCOLATE FLAVORED LOWFAT MILK "; (D) IN THE CASE OF FLAVORED MILK OR FLAVORED RECONSTITUTED MILK, THE NAME OF THE PRINCIPAL FLAVOR SHALL BE SUBSTITUTED FOR THE WORD "FLAVORED" AND (E) IN THE CASE OF CULTURED MILK AND MILK PRODUCTS, THE SPECIAL TYPE CULTURE USED MAY BE SUBSTITUTED FOR THE WORD "CULTURED," E.G. "ACIDOPHILUS BUTTERMILK ", "BULGARIAN BUTTERMILK," AND "YOGURT." 0 ALL VEHICLES AND TRANSPORT TANKS CONTAINING MILK OR MILK PRODUCTS SHALL BE LEGIBLY MARKED WITH THE NAME AND ADDRESS OF THE MILK PLANT OR HAULER IN POSSESSION OF THE CONTENTS. TANKS TRANSPORTING RAW MILK AND MILK PRODUCTS TO A MILK PLANT FROM SOURCES OF SUPPLY NOT UNDER THE ROUTINE SUPERVISION OF THE HEALTH AUTHORITY ARE REQUIRED TO BE MARKED WITH THE NAME AND ADDRESS OF THE MILK PLANT OR HAULER AND SHALL BE SEALED; IN ADDITION, FOR EACH SUCH SHIPMENT, A SHIPPING STATEMENT SHALL BEPREPARED CONTAINING AT LEAST THE FOLLOWING INFORMATION: (1) SHIPPER'S NAME, ADDRESS AND PERMIT NUMBER; (2) PERMIT NUMBER OF HAULER, IF NOT EMPLOYEE OF SHIPPER; (3) POINT OF ORIGIN OF SHIPMENT; (4) TANKER IDENTIFY NUMBER; (5) NAME OF PRODUCT; (6) WEIGHT OF PRODUCT; (7) GRADE OF PRODUCT; (8) TEMPERATURE OF PRODUCT; (9) DATE OF SHIPMENT; (10) NAME OF SUPERVISING HEALTH AUTHORITY AT THE POINT OF ORIGIN; (11) WHETHER THE CONTENTS ARE RAW, PASTEURIZED, OR OTHERWISE HEAT TREATED. SUCH STATEMENT SHALL BE PREPARED IN TRIPLICATE AND SHALL BE KEPT ON FILE BY THE SHIPPER, THE CONSIGNEE, AND THE CARRIER FOR A PERIOD OF SIX MONTHS FOR THE INFORMATION OF THE HEALTH AUTHORITY. THE LABELING INFORMATION WHICH 15 REQUIRED ON ALL BOTTLES, CON- TAINERS OR PACKAGES OF MILK OR MILK PRODUCTS SHALL BE IN LETTERS OF AN ACCEPTABLE SIZE, KIND AND COLOR SATISFACTORY TO THE HEALTH AUTHORITY AND SHALL CONTAIN NO MARKS OR WORDS WHICH ARE MISLEADING. SECTION 5. INSPECTION OF DAIRY FARMS AND MILK PLANTS. EACH DAIRY FARM, MILK PLANT, RECEIVING STATION AND TRANSFER STATION WHOSE MILK OR MILK PRODUCTS ARE INTENDED FOR CONSUMPTION WITHIN THE CITY OF CORPUS CHRISTI OR ITS POLICE JURISDICTION SHALL BE INSPECTED BY THE HEALTH AUTHORITY t PRIOR TO THE ISSUANCE OF A PERMIT. FOLLOWING THE ISSUANCE OF A PERMIT, EACH DAIRY FARM AND TRANSFER STATION SHALL BE INSPECTED AT LEAST ONCE EVERY SIX MONTHS AND EACH MILK PLANT AND RECEIVING STATION SHALL BE INSPECTED AT LEAST ONCE EVERY THREE MONTHS. SHOULD THE VIOLATION OF ANY REQUIREMENT SET FORTH IN SECTION 7 BE FOUND TO EXIST, A SECOND INSPECTION SHALL BE REQUIRED AFTER THE TIME DEEMED NECESSARY TO REMEDY THE VIOLATIONS BUT NOT BEFORE THREE DAYS; THE REINSPECTION SHALL BE USED TO DETERMINE COMPLIANCE WITH THE REQUIREMENTS OF SECTION 7. ANY VIOLATION OF THE SAME REQUIREMENT OF SECTION 7 ON SUCH REINSPECTION SHALL CALL FOR PERMIT SUSPENSION IN ACCORDANCE WITH SECTION 3 AND/OR COURT ACTION. ONE COPY OF THE INSPECTION REPORT SHALL BE HANDED TO THE OPERATOR, OR OTHER RESPONSIBLE PERSON, OR BE POSTED IN A CONSPICUOUS PLACE ON AN INSIDE WALL OF THE ESTABLISHMENT. SAID INSPECTION REPORT SHALL NOT BE DEFACED AND SHALL BE MADE AVAILABLE TO THE HEALTH AUTHORITY UPON REQUEST. AN IDENTICAL COPY OF THE INSPECTION REPORT SHALL BE FILED WITH THE RECORDS OF THE HEALTH AUTHORITY. EVERY MILK PRODUCERS HAULER, DISTRIBUTOR OR PLANT OPERATOR SHALL UPON REQUEST OF THE HEALTH AUTHORITY, PERMIT ACCESS OF OFFICIALLY DESIGNATED PERSONS TO ALL PARTS OF HIS ESTABLISHMENT OR FACILITIES TO DETERMINE COM- PLIANCE WITH THE PROVISIONS OF THIS ORDINANCE. A DISTRIBUTOR OR PLANT OPERATOR SHALL FURNISH THE HEALTH AUTHORITY UPON REQUEST, FOR OFFICIAL USE ONLY, A TRUE STATEMENT OF THE ACTUAL QUANTITIES OF MILK AND MILK PRODUCTS OF EACH GRADE PURCHASED AND SOLD, AND A LIST OF ALL SOURCES OF SUCH MILK AND MILK PRODUCTS RECORDS OF INSPECTIONS, TESTS, AND PASTEURIZATION TIME AND TEMPERATURE RECORDS. IT SHALL BE UNLAWFUL FOR ANY PERSON WHO IN AN OFFICIAL CAPACITY OBTAINS ANY INFORMATION UNDER THE PROVISIONS OF THIS ORDINANCE WHICH IS ENTITLED TO PROTECTION AS A TRADE SECRET (INCLUDING INFORMATION AS TO QUANTITY QUALITY, SOURCE OR DISPOSITION OF MILK OR MILK PRODUCTS, OR RESULTS OF INSPECTIONS OR TESTS THEREOF) TO USE SUCH INFORMATION TO HIS OWN ADVANTAGE OR TO REVEAL IT TO ANY UNAUTHORIZED PERSON. SECTION 6. THE EXAMINATION OF MILK AND MILK PRODUCTS. DURING ANY CONSECUTIVE SIX MONTHS, AT LEAST FOUR SAMPLES OF RAW MILK FOR s® D MILK LABORATORIES RECOMMENDED BY THE UNITED STATES PUBLIC HEALTH SERVICE. EXAMINATIONS AND TESTS SHALL BE CONDUCTED TO DETECT ADULTERANTS, INCLUDING PESTICIDES, AS THE HEALTH AUTHORITY SHALL REQUIRE. ASSAYS OF VITAMIN D MILK OR MILK PRODUCTS AND/OR FORTIFIED MILK AND MILK PRODUCTS SHALL BE MADE AT LEAST ANNUALLY IN A LABORATORY ACCEPTABLE TO THE HEALTH AUTHORITY. SECTION 7. STANDARDS FOR MILK AND MILK PRODUCTS. ALL GRADE A RAW MILK FOR PASTEURIZATION AND ALL GRADE A PASTEURIZED MILK AND MILK PRODUCTS SHALL BE PRODUCED, PROCESSED AND PASTEURIZED TO CONFORM WITH THE FOLLOWING CHEMICAL, BACTERIOLOGICAL, AND TEMPERATURE STANDARDS, AND THE SANITATION REQUIREMENTS OF THIS SECTION. NO PROCESS OR MANIPULATION OTHER THAN PASTEURIZATION, PROCESSING METHODS INTEGRAL THEREWITH, AND APPROPRIATE REFRIGERATION SHALL BE APPLIED TO MILK AND MILK PRODUCTS FOR THE PURPOSE OF REMOVING OR DEACTIVATING MICRO- ORGANISMS. CHEMICAL, BACTERIOLOGICAL AND TEMPERATURE STANDARDS FOR GRADE A MILK AND MILK PRODUCTS GRADE A RAW MILK TEMPERATURE----- - - - - -- COOLED TO 50° F., OR LESS AND FOR PASTEURIZATION MAINTAINED THEREAT UNTIL PROCESSED. BACTERIAL LIMITS - - - - -- INDIVIDUAL PRODUCER MILK NOT TO EXCEED 1001000 PER ML. PRIOR TO COMMINGLING WITH OTHER PRODUCER MILK. NOT EXCEEDING 300,000 PER ML. AS COMMINGLED MILK PRIOR TO PASTEURIZATION. ANTIBIOTICS------- - - - -NO DETECTABLE ANTIBIOTIC RESIDUES. GRADE A PASTEURIZED TEMPERATURE------ - - - - -- COOLED TO 5 °F., OR LESS AND MILK AND MILK PROD- MAINTAINED THEREAT. UCTS (EXCEPT CUL- BACTERIAL LIMITS - - - - -- -MILK AND MILK PRODUCTS -- 20,000 TURED PRODUCTS). PER ML. COLIFORM LIMIT-- - - - - -- -NOT EXCEEDING 10 PER ML. PHOSPHATASE ------------ LESS THAN 1 MG PER ML. BY SCHARER RAPID METHOD (OR EQUIVALENT BY OTHER MEANS) GRADE A PASTEURIZED TEMPERATURE-- --- ---- ---SAME AS FOR GRADE A PASTEURIZED CULTURED PRODUCTS MILK AND MILK PRODUCTS. COLIFORM LIMIT-- - - - - -- -SAME AS FOR GRADE A PASTEURIZED MILK AND MILK PRODUCTS. PHOSPHATASE ------------ SAME AS FOR GRADE A PASTEURIZED MILK AND MILK PRODUCTS. BACTERIAL LIMITS- - - - - -- EXEMPT. 0 A. SANITATION REQUIREMENTS FOR GRADE A RAW MILK FOR PASTEURIZATION. 1R. ABNORMAL MILK. COWS WHICH SHOW EVIDENCE OF THE SECRETION OF ABNORMAL MILK IN ONE OR MORE QUARTERS BASED UPON BACTERIOLOGICAL, CHEMICALS OR PHYSICAL EXAMINATION, SHALL BE MILKED LAST OR WITH SEPARATE EQUIPMENT; AND THE MILK SHALL BE DISCARDED. COWS TREATED WITH, OR COWS WHICH HAVE CONSUMED CHEMICAL, MEDICINAL OR RADIOACTIVE AGENTS WHICH ARE CAPABLE OF BEING SECRETED IN THE MILK AND WHICH, IN THE JUDGMENT OF THE HEALTH AUTHORITY MAY BE DELETERIOUS TO HUMAN HEALTHI SHALL BE MILKED LAST OR WITH SEPARATE EQUIPMENT, AND THE MILK DISPOSED OF AS THE HEALTH AUTHORITY MAY DIRECT. 2R. MILKING BARN, STABLE OR PARLOR - CONSTRUCTION. A MILKING BARN, STABLE OR PARLOR SHALL BE PROVIDED ON ALL DAIRY FARMS IN WHICH THE MILKING HERD SHALL BE HOUSED DURING MILKING TIME OPERATIONS, THE AREAS USED FOR MILKING PURPOSES SHALL (1) HAVE FLOORS CONSTRUCTED OF CONCRETE OR EQUALLY IMPERVIOUS MATERIAL; (2) HAVE WALLS AND CEILINGS WHICH ARE SMOOTH, PAINTED OR FINISHED IN AN APPROVED MANNER, IN GOOD REPAIR, CEILING DUST - TIGHT; (3) HAVE SEPARATE STALLS OR PENS FOR HORSES, CALVES AND BULLS; (4) BE PROVIDED WITH NATURAL AND/OR ARTIFICIAL LIGHTS WELL DISTRIBUTED FOR DAY AND/OR NIGHT MILKING; (5) PROVIDE SUFFICIENT AIR SPACE AND AIR CIRCULATION TO PREVENT CON- DENSATION AND EXCESSIVE ODORS; (6) NOT BE OVERCROWDED; AND (7)e HAVE DUST -TIGHT COVERED BOXES OR BINS OR SEPARATE STORAGE FACILITIES FOR GROUNDS CHOPPED OR CONCENTRATED FEED. 3R. MILKING BARN, STABLE OR PARLOR - CLEANLINESS. THE INTERIOR SHALL BE KEPT CLEAN. FLOORS, WALLS, WINDOWS PIPELINES AND EQUIPMENT SHALL BE FREE OF FILTH AND/OR LITTER, AND SHALL BE CLEAN. SWINE AND FOWL SHALL BE KEPT OUT OF THE MILKING BARN. 4R. COWYARD. THE COWYARD SHALL BE GRADED AND DRAINED AND SHALL HAVE NO STANDING POOLS OF WATER OR ACCUMULATIONS OF ORGANIC WASTES; PROVIDED, THAT IN LOAFING OR CATTLE - HOUSING AREAS, COW DROPPINGS AND SOILED BEDDING SHALL BE REMOVED, OR CLEAN BEDDING ADDED, AT SUFFICIENTLY FREQUENT INTERVALS TO PREVENT THE SOILING OF THE COW'S UDDER AND FLANKS. WASTE FEED SHALL NOT BE ALLOWED TO ACCUMULATE. MANURE PACKS SHALL BE PROPERLY DRAINED AND SHALL PROVIDE A REASONABLY FIRM FOOTING. SWINE SHALL BE KEPT OUT OF THE COWYARD. 5R. MILKHOUSE OR ROOM - CONSTRUCTION AND FACILITIES. A MILKHOUSE OR ROOM OF SUFFICIENT SIZE SHALL BE PROVIDED, IN WHICH THE COOLING, HANDLING, AND STORING OF MILK AND THE WASHING, SANITIZING AND STORING OF MILK CON- TAINERS AND UTENSILS SHALL BE CONDUCTED. THE MILKHOUSE SHALL BE PROVIDED WITH A SMOOTH FLOOR CONSTRUCTED OF CONCRETE OR EQUALLY IMPERVIOUS MATERIAL GRADED TO DRAIN AND MAINTAINED IN GOOD REPAIR. LIQUID WASTE SHALL BE DISPOSED OF IN A SANITARY MANNER; ALL FLOOR DRAINS SHALL BE ACCESSIBLE AND SHALL BE TRAPPED IF CONNECTED TO A SANITARY SEWER SYSTEM. THE WALLS AND CEILINGS SHALL BE CONSTRUCTED OF SMOOTH MATERIAL, IN GOOD REPAIR, WELL PAINTED, OR FINISHED IN AN EQUALLY SUITABLE MANNER. THE MILKHOUSE SHALL HAVE ADEQUATE NATURAL AND /OR ARTIFICIAL LIGHT AND BE WELL VENTILATED. THE MILKHOUSE SHALL BE USED FOR NO OTHER PURPOSE THAN MILKHOUSE OPERATIONS; THERE SHALL BE NO DIRECT OPENING INTO ANY BARN, STABLE, OR INTO A ROOM USED FOR DOMESTIC PURPOSES; PROVIDED, THAT A DIRECT OPENING BETWEEN THE MILKHOUSE AND MILKING BARN, STABLE, OR PARLOR 15 PERMITTED WHEN A TIGHT - FITTING SELF - CLOSING SOLID DOOR(S) HINGED TO BE SINGLE OR DOUBLE ACTING IS PROVIDED. WATER UNDER PRESSURE SHALL BE PIPED INTO THE MILKHOUSE. THE MILKHOUSE SHALL BE EQUIPPED WITH A TWO- COMPARTMENT WASH VAT AND ADEQUATE HOT WATER HEATING FACILITIES. WHEN A TRANSPORTATION TANK IS USED FOR THE COOLING AND STORAGE OF MILK ON THE DAIRY FARM, SUCH TANK SHALL BE PROVIDED WITH A SUITABLE SHELTER FOR THE RECEIPT OF MILK. SUCH SHELTER SHALL BE ADJACENT TO, BUT NOT A PART OFD THE MILKROOM AND SHALL COMPLY WITH THE REQUIREMENTS OF THE MILKROOM WITH RESPECT TO CONSTRUCTIONy LIGHT, DRAINAGES INSECT AND RODENT CONTROL AND GENERAL MAINTENANCE. 6R. MILKHOUSE OR ROOM - CLEANLINESS. THE FLOORS, WALLS, CEILINGS WINDOWS TABLES] SHELVES, CABINETS, WASH VATS NON- PRODUCT CONTACT SURFACES OF MILK CONTAINERS, UTENSILS, AND EQUIPMENT, AND OTHER MILKROOM EQUIPMENT SHALL BE CLEAN. ONLY ARTICLES DIRECTLY RELATED TO MILKROOM ACTI- VITIES SHALL BE PERMITTED IN THE MILKROOM. THE MILKROOM SHALL BE FREE OF TRASH, ANIMALS AND FOWL. -�5- 7R. TOILET. EVERY DAIRY FARM SHALL BE PROVIDED WITH ONE OR MORE TOILETS, CONVENIENTLY LOCATED AND PROPERLY CONSTRUCTED, OPERATED AND MAINTAINED IN A SANITARY MANNER. THE WASTE SHALL BE INACCESSIBLE TO FLIES AND SHALL NOT POLLUTE THE SOIL SURFACE OR CONTAMINATE ANY WATER SUPPLY. 8R. WATER SUPPLY. WATER FOR MILKHOUSE AND MILKING OPERATIONS SHALL BE FROM A SUPPLY PROPERLY LOCATED, PROTECTED AND OPERATED, AND SHALL BE EASILY ACCESSIBLE, ADEQUATE AND OF A SAFE, SANITARY QUALITY. 9R. UTENSILS AND EQUIPMENT — CONSTRUCTION. ALL MULTIUSE CONTAINERS, EQUIPMENT AND UTENSILS USED IN THE HANDLING, STORAGE OR TRANS- PORTATION OF MILK SHALL BE MADE OF SMOOTHo NON — ABSORBENT) CORROSION — RESISTANT NONTOXIC MATERIALS AND SHALL BE SO CONSTRUCTED AS TO BE EASILY CLEANED. ALL CONTAINERS, UTENSILS AND EQUIPMENT SHALL BE IN GOOD REPAIR. ALL MILK PAILS USED FOR HAND MILKING AND STRIPPING SHALL BE SEAMLESS AND OF THE HOODED TYPE. MULTIPLE USE WOVEN MATERIAL SHALL NOT BE USED FOR STRAINING MILK. ALL SINGLE — SERVICE ARTICLES SHALL HAVE BEEN MANUFACTURED PACKAGEDI TRANSPORTED, STOREDI AND HANDLED IN A SANITARY MANNER AND SHALL COMPLY WITH THE APPLICABLE REQUIREMENTS OF ITEM JJP OF THIS SECTION. ARTICLESLINTENDED FOR SINGLE — SERVICE USE SHALL NOT BE REUSED. FARM " HOLDING /COOLING TANKS, WELDED SANITARY PIPING, TRANSPORTA— X TION TANKS SHALL COMPLY WITH THE APPLICABLE REQUIREMENTS OF ITEMS JOP AND 11P OF THIS SECTION. 10R. UTENSILS AND EQUIPMENT — CLEANING. THE PRODUCT — CONTACT SURFACES OF ALL MULTIUSE CONTAINERS, EQUIPMENT AND UTENSILS USED IN THE HANDLING, STORAGE OR TRANSPORTATION OF MILK SHALL BE CLEANED AFTER EACH USAGE. 11R. UTENSILS AND EQUIPMENT — SANITIZATION. THE PRODUCT — CONTACT SURFACES OF ALL MULTIUSE CONTAINERS EQUIPMENT AND UTENSILS USED IN THE HAN- DLING, STORAGE OR TRANSPORTATION OF MILK SHALL BE SANITIZED BEFORE EACH USAGE. 12R. UTENSILS AND EQUIPMENT — STORAGE. ALL CONTAINERS, UTENSILS AND EQUIPMENT USED IN THE HANDLING, STORAGE OR TRANSPORTATION OF MILKS UNLESS STORED IN SANITIZING SOLUTIONS; SHALL BE STORED TO ASSURE COM- PLETE DRAINAGE, AND SHALL BE PROTECTED FROM CONTAMINATION PRIOR TO USE. 13R. UTENSILS AND EQUIPMENT — HANDLING. AFTER SANITIZATION, ALL CONTAINERS, UTENSILS AND EQUIPMENT SHALL BE HANDLED IN SUCH MANNER AS TO PREVENT CONTAMINATION OF ANY PRODUCT — CONTACT SURFACE. -16- AR. MILKING - FLANKS, UDDERS AND TEATS. MILKING SHALL BE DONE INTHE MILKING BARN, STABLE OR PARLOR. THE FLANKS, UDDERS, BELLIES AND TAILS OF ALL MILKING COWS SHALL BE FREE FROM VISIBLE DIRT. ALL BRUSHING SHALL BE COMPLETED PRIOR TO MILKING. THE UDDERS AND TEATS OF ALL MILKING COWS SHALL BE CLEANED AND TREATED WITH A SANITIZING SOLUTION JUST PRIOR TO THE TIME OF MILKING AND SHALL BE RELATIVELY DRY BEFORE MILKING. WET' HAND MILKING IS PROHIBITED. 15R. MILKING - SURCINGLES, MILK STOOLS AND ANTIKICKERS. SURCINGLES, MILK STOOLS AND ANTIKICKERS SHALL BE KEPT CLEAN AND STORED ABOVE THE FLOOR. 16R. MILKING - TRANSFER AND PROTECTION OF MILK. EACH PAIL OR CONTAINER OF MILK SHALL BE TRANSFERRED IMMEDIATELY FROM THE MILKING BARN, STABLE OR PARLOR TO THE MILKHOUSE. NO MILK SHALL BE STRAINED, POURED, TRANS- FERRED OR STORED UNLESS IT IS PROPERLY PROTECTED FROM CONTAMINATION. 17R. PERSONNEL - HAND - WASHING FACILITIES. THERE SHALL BE PROVIDED ADEQUATE HAND - WASHING FACILITIES INCLUDING RUNNING WATERS SOAP OR DETERGENT AND INDIVIDUAL SANITARY TOWELS, IN THE MILKHOUSE AND IN OR CON- VENIENT TO THE MILKING BARN, STABLE OR PARLOR. 18R. PERSONNEL - CLEANLINESS. HANDS SHALL BE WASHED CLEAN AND DRIED WITH AN INDIVIDUAL SANITARY TOWEL IMMEDIATELY BEFORE MILKING, BEFORE PERFORMING ANY MILKHOUSE FUNCTION, AND IMMEDIATELY AFTER THE INTERRUP- TION OF ANY OF THESE ACTIVITIES. MILKERS AND MILK HAULERS SHALL WEAR CLEAN OUTER GARMENTS WHILE MAKING OR HANDLING MILK, MILK CONTAINERS UTENSILS OR EQUIPMENT.' 19R. COOLING. RAW MILK FOR PASTEURIZATION SHALL BE COOLED TO 501 F., OR LESS, WITHIN TWO HOURS AFTER MILKING AND SHALL BE MAINTAINED AT THAT TEMPERATURE UNTIL DELIVERED. 20R. VEHICLES. VEHICLES USED TO TRANSPORT MILK IN CANS FROM THE DAIRY FARM TO THE MILK PLANT OR RECEIVING STATION SHALL BE CONSTRUCTED AND OPERATED TO PROTECT THEIR CONTENTS FROM SUN, FREEZING AND CONTAMINATION. SUCH VEHICLES SHALL BE KEPT CLEAN2 INSIDE AND OUT; AND NO SUBSTANCE CAPABLE OF CONTAMINATING MILK SHALL BE TRANSPORTED WITH MILK. 21R. INSECT AND RODENT CONTROL. EFFECTIVE MEASURES SHALL BE TAKENtTO PREVENT THE CONTAMINATION OF MILK, CONTAINERS, EQUIPMENT AND -17- UTENSILS BY INSECTS AND RODENTS AND BY CHEMICALS USED TO CONTROL SUCH VERMIN. MILKROOMS SHALL BE FREE OF INSECTS AND RODENTS. SURROUNDINGS SHALL BE KEPT NEAT, CLEAN AND FREE OF CONDITIONS WHICH MIGHT HARBOR OR BE CONDUCIVE TO THE BREEDING OF INSECTS AND RODENTS. B. SANITATION REQUIREMENTS FOR GRADE A PASTEURIZED MILK AND MILK PRODUCTS. A RECEIVING STATION SHALL COMPLY WITH ITEMS 1P TO 15P, INCLUSIVE, AND 17P, 20P AND 22P, EXCEPT THAT THE PARTITIONING REQUIREMENT OF ITEM 5P SHALL NOT APPLY. A TRANSFER STATION SHALL COMPLY WITH ITEMS lPy 4P) 6P, 7P, 8P, 9P, 10p, lip, 12P, Ap, 15P, 20P AND 22P; AND AS CLIMATIC ANDCPERATING CONDI- TIONS REQUIRE, THE APPLICABLE PROVISIONS OF ITEMS 2P AND 3P; PROVIDED, THAT IN EVERY CASES OVERHEAD PROTECTION SHALL BE PROVIDED. FACILITIES FOR THE 1C.LEANING AND SANITIZING OF BULK TRANSPORT TANKS SHALL COMPLY WITH ITEMS 1P, 4P, 6P, 7P, 8P, 9P� SOP, lip, 12P, 14P, 15P, 20P AND 22P; AND AS CLIMATIC AND OPERATING CONDITIONS REQUIRE, THE APPLICABLE PROVISIONS OF ITEMS 2P AND 3P; PROVIDED, THAT IN EVERY CASE, OVERHEAD PROTECTION SHALL BE PROVIDED. iP. FLOORS - CONSTRUCTION. THE FLOORS OF ALL ROOMS IN WHICH MILK OR MILK PRODUCTS ARE PROCESSED, HANDLED OR STORED OR IN WHICH MILK CONTAINERS, EQUIPMENT AND UTENSILS ARE WASHED, SHALL BE CONSTRUCTED OF CONCRETE OR OTHER EQUALLY IMPERVIOUS AND EASILY CLEANED MATERIAL; AND SHALL BE SMOOTHS PROPERLY SLOPED] PROVIDED WITH TRAPPED DRAINS, AND KEPT IN GOOD REPAIR; PROVIDED THAT COLD STORAGE ROOMS USED FOR STORING MILK AND MILK PRODUCTS NEED NOT BE PROVIDED WITH FLOOR DRAINS WHEN THE FLOORS ARE SLOPED TO DRAIN TO ONE OR MORE EXITS; PROVIDED FURTHER, THAT STORAGE ROOMS FOR STORING DRY INGREDIENTS AND /OR PACKAGING MATERIALS NEED NOT BE PROVIDED WITH DRAINS; AND THE FLOORS MAY BE CONSTRUCTED OF TIGHTLY JOINED WOOD. 2P. WALLS AND CEILINGS - CONSTRUCTION. WALLS AND CEILINGS OF ROOMS IN WHICH MILK OR MILK PRODUCTS ARE HANDLED, PROCESSED OR STORED, OR IN WHICH MILK CONTAINERS, UTENSILS, AND EQUIPMENT ARE WASHED, SHALL HAVE A SMOOTHS WASHABLES LIGHT - COLORED SURFACE, IN GOOD REPAIR. 3P. DOORS AND WINDOWS. EFFECTIVE MEANS SHALL BE PROVIDED TO PREVENT THE ACCESS OF FLIES AND RODENTS. ALL OPENINGS TO THE OUTSIDE m SHALL HAVE SOLID DOORS OR GLAZED WINDOWS WHICH SHALL BE CLOSED DURING DUSTY WEATHER. 4P. LIGHTING AND VENTILATION. ALL ROOMS IN WHICH MILK AND MILK PRODUCTS ARE HANDLED PROCESSED OR STORED AND /OR IN WHICH MILK CON- TAINERS, EQUIPMENT AND UTENSILS ARE WASHED SHALL BE WELL LIGHTED AND WELL VENTILATED. 5P. SEPARATE ROOMS. THERE SHALL BE SEPARATE ROOMS FOR PASTEURIZING, PROCESSING COOLING AND PACKAGING; AND (2) CLEANIM OF MILK CANS AND BOTTLES. IN ADDITIONS PLANTS RECEIVING MILK IN BULK TRANS- PORT TANKS SHALL PROVIDE FOR CLEANING AND SANITIZING FACILITIES. UNLESS ALL MILK AND MILK PRODUCTS ARE RECEIVED IN BULK TRANSPORT TANKS, A RECEIVING ROOM, SEPARATE FROM ROOMS (1) AND (2) ABOVE, SHALL BE REQUIRED. ROOMS IN WHICH MILK OR MILK PRODUCTS ARE HANDLED, PROCESSED OR STORED, OR IN WHICH MILK CONTAINERS, UTENSILS AND EQUIPMENT ARE WASHED OR STORED, SHALL NOT OPEN DIRECTLY INTO ANY STABLE OR ANY ROOM USED FOR DOMESTIC PURPOSES. 6P. TOILET- SEWAGE DISPOSAL FACILITIES. EVERY MILK PLANT SHALL BE PROVIDED WITH TOILET FACILITIES CONFORMING WITH THE ORDINANCE OF THE CITY OF CORPUS CHRISTI. TOILET ROOMS SHALL NOT OPEN DIRECTLY INTO ANY ROOM IN WHICH MILK AND /OR MILK PRODUCTS ARE PROCESSED. TOILET ROOMS SHALL BE COMPLETELY ENCLOSED AND SHALL HAVE TIGHT- FITTINGy SELF - CLOSING DOORS. DRESSING ROOMS TOILET ROOMS, AND FIXTURES SHALL BE KEPT IN A CLEAN CONDITION, IN GOOD REPAIR AND SHALL BE WELL VENTILATED AND WELL LIGHTED. SEWAGE AND OTHER LIQUID WASTES SHALL BE DISPOSED OF IN A SANITARY MANNER. 7P. WATER SUPPLY. WATER FOR MILK PLANT PURPOSES SHALL BE FROM A SUPPLY PROPERLY LOCATED PROTECTED AND OPERATED AND SHALL BE EASILY ACCESSIBLEI ADEQUATE AND OF A SAFE; SANITARY QUALITY. SP. HAND- WASHING FACILITIES. CONVENIENT HAND - WASHING FACILI- TIES SHALL BE PROVIDED, INCLUDING HOT AND COLD AND /OR WARM RUNNING WATER SOAP AND INDIVIDUAL SANITARY TOWELS OR OTHER APPROVED HAND - DRYING DEVICES. HAND- WASHING FACILITIES SHALL BE KEPT IN A CLEAN CONDITION AND IN GOOD REPAIR. 9P. MILK PLANT CLEANLINESS. ALL ROOMS IN WHICH MILK AND MILK PRODUCTS ARE HANDLED PROCESSED OR STOREDI AND /OR IN WHICH CONTAINERS, UTENSILS MILK PRODUCTS SHALL BE PURCHASED AND STORED IN SANITARY TUBES, WRAPPINGS OR CARTONS; SHALL BE KEPT THEREIN IN A CLEAN, DRY PLACE UNTIL USED; AND SHALL BE HANDLED IN A SANITARY MANNER. 15P. PROTECTION FROM CONTAMINATION. MILK PLANT OPERATIONS, EQUIPMENT AND FACILITIES SHALL BE LOCATED AND CONDUCTED TO PREVENT ANY CON- TAMINATION OF MILK OR MILK PRODUCTS, INGREDIENTS, EQUIPMENTS CONTAINERS AND UTENSILS. ALL MILK OR MILK PRODUCTS OR INGREDIENTS WHICH HAVE BEEN SPILLED, OVERFLOWED OR LEAKED SHALL BE DISCARDED. THE PROCESSING OR HANDLING OF PRODUCTS OTHER THAN MILK AND MILK PRODUCTS IN THE PASTEURIZATION PLANT SHALL BE PERFORMED TO P RECLUDE THE CONTAMINATION OF SUCH MILK AND MILK PRODUCTS. 16P. PASTEURIZATION. PASTEURIZATION SHALL BE PERFORMED AS DEFINED IN SECTION 11 DEFINITION (S), OF THIS ORDINANCE. 17P. COOLING OF MILK. ALL RAW MILK AND MILK PRODUCTS SHALL BE MAINTAINED AT 50° F., OR LESS, UNTIL PROCESSED. ALL PASTEURIZED MILK AND MILK PRODUCTS1 EXCEPT THOSE TO BE CULTURED SHALL BE COOLED IMMEDIATELY IN APPROVED EQUIPMENT TO A TEMPERATURE OF 45° F., OR LESS. ALL PASTEURIZED MILK AND MILK PRODUCTS SHALL BE STORED AT A TEMPERATURE OF 45° F., OR LESS, AND BE MAINTAINED THEREAT UNTIL DELIVERED. EVERY ROOM OR TANK IN WHICH MILK OR MILK PRODUCTS ARE STORED SHALL BE EQUIPPED WITH AN ACCURATE THERMOMETER. 18P. BOTTLING AND PACKAGING. BOTTLING AND PACKAGING OF MILK AND MILK PRODUCTS SHALL BE DONE AT THE PLACE OF PASTEURIZATION IN APPROVED MECHANICAL EQUIPMENT. 19P. CAPPING. CAPPING OR CLOSING OF MILK AND MILK PRODUCT CONTAINERS SHALL BE DONE IN A SANITARY MANNER BY APPROVED MECHANICAL CAPPING AND/OR CLOSING EQUIPMENT. THE CAP OR CLOSURE SHALL PROTECT THE POURING LIP TO AT LEAST ITS LARGEST DIAMETER. 20P. PERSONNEL - CLEANLINESS. HANDS SHALL BE THOROUGHLY WASHED BEFORE COMMENCING PLANT FUNCTIONS AND AS OFTEN AS MAY BE BE REQUIRED TO REMOVE SOIL AND CONTAMINATION. NO EMPLOYEE SHALL RESUME WORK AFTER VISIT- ING THE TOILET ROOM WITHOUT THOROUGHLY WASHING HIS HANDS. ALL PERSONS ENGAGED IN THE PROCESSING, PASTEURIZATION, HANDLING, STORAGE OR TRANSPORTA- TION OF MILK, MILK PRODUCTS, CONTAINERS, EQUIPMENT AND UTENSILS SHALL WEAR CLEAN OUTER GARMENTS. THE USE OF TOBACCO BY ANY PERSON ENGAGED IN THE PROCESSING OF MILK OR MILK PRODUCTS IS PROHIBITED. -21- OR EQUIPMENT ARE WASHED OR STORED; SHALL BE KEPT CLEAN, NEAT AND FREE OF EVIDENCE OF INSECTS AND RODENTS. PESTICIDES SHALL BE SAFELY USED. ONLY EQUIPMENT DIRECTLY RELATED TO PROCESSING OPERATIONS OR TO HANDLING OF CON - TAINERSI UTENSILS AND EQUIPMENT SHALL BE PERMITTED IN THE PASTEURIZING PROCESSING, COOLING, PACKAGING AND BULK MILK STORAGE ROOMS. 10P. SANITARY PIPING. ALL SANITARY PIPING, FITTINGS AND CONNECTIONS WHICH ARE EXPOSED TO MILK AND MILK PRODUCTS OR FROM WHICH LIQUIDS MAY DRIP, DRAIN OR BE DRAWN INTO MILK OR MILK PRODUCTS, SHALL CONSIST OF SMOOTHY IMPERVIOUS CORROSION - RESISTANTS NONTOXIC, EASILY CLEANABLE MATERIAL. ALL PIPING SHALL BE IN GOOD REPAIR. PASTEURIZED MILK AND MILK PRODUCTS SHALL BE CONDUCTED FROM ONE PIECE OF EQUIPMENT TO ANOTHER ONLY THROUGH SANITARY PIPING. 11P. CONSTRUCTION AND REPAIR OF CONTAINERS AND EQUIPMENT. ALL MULTIUSE CONTAINERS AND EQUIPMENT WITH WHICH MILK OR MILK PRODUCTS COME INTO CONTACT SHALL BE OF SMOOTH, IMPERVIOUSI CORROSION - RESISTANTS NONTOXIC MATERIAL; SHALL BE CONSTRUCTED FOR EASE OF CLEANING; AND SHALL BE KEPT IN GOOD REPAIR. ALL SINGLE- SERVICE CONTAINERS, CLOSURES, GASKETS AND OTHER ARTICLES WITH WHICH MILK OR MILK PRODUCTS COME IN CONTACT SHALL BE NONTOXIC, AND SHALL HAVE BEEN MANUFACTURED PACKAGED, TRANSPORTED AND HANDLED IN A SANI- TARY MANNER. ARTICLES INTENDED FOR SINGLE - SERVICE USE SHALL NOT BE REUSED. 12P. CLEANING AND SANITIZING OF CONTAINERS AND EQUIPMENT. THE PRODUCT - CONTACT SURFACES OF ALL MULTIUSE CONTAINERS, UTENSILS, AND EQUIPMENT USED IN THE TRANSPORTATION, PROCESSING, HANDLING AND STORAGE OF MILK AND MILK PRODUCTS SHALL BE EFFECTIVELY CLEANED AND SHALL BE SANITIZED BEFORE EACH USE. 13P. STORAGE OF CLEANED CONTAINERS AND EQUIPMENT. AFTER CLEANING, ALL MULTIUSE MILK OR MILK PRODUCT CONTAINERS, UTENSILS AND EQUIPMENT SHALL BE TRANSPORTED AND STORED TO ASSURE COMPLETE DRAINAGE AND SHALLEE PROTECTED FROM CONTAMINATION BEFORE USE. 14P. STORAGE OF SINGLE - SERVICE CONTAINERS, UTENSILS AND MATERIALS. SINGLE - SERVICE CAPS CAP STOCK, PARCHMENT PAPERS CONTAINERS GASKETS AND OTHER SINGLE - SERVICE ARTICLES FOR USE IN CONTACT WITH MILK AND -20- 21P. VEHICLES. ALL VEHICLES USED FOR TRANSPORTATION OF PASTEURIZED MILK AND MILK PRODUCTS SHALL BE CONSTRUCTED AND OPERATED SO THAT THE MILK AND MILK PRODUCTS ARE MAINTAINED AT 45* F., OR LESSI AND ARE PROTECTED FROM SUNy FROM FREEZING AND FROM CONTAMINATION. 22P. SURROUNDINGS. MILK PLANT SURROUNDINGS SHALL BE KEPT NEAT, CLEAN AND FREE FROM CONDITIONS WHICH MIGHT ATTRACT OR HARBOR FLIES OTHERINSECTS AND RODENTS OR WHICH OTHERWISE CONSTITUTE A NUISANCE. SECTION H. ANIMAL HEALTH. ALL MILK FOR PASTEURIZATION SHALL BE FROM HERDS WHICH ARE LOCATED IN A MODIFIED ACCREDITED TUBERCULOSIS AREA AS DETERMINED BY THE U. S.DEPARTMENT OF AGRICULTURE; PROVIDED THAT HERDS LOCATED IN AN AREA THAT FAILS TO MAINTAIN SUCH ACCREDITED STATUS SHALL HAVE BEEN ACCREDITED BY SAID DEPARTMENT AS TUBERCULOSIS FREE, OR SHALL HAVE PASSED AN ANNUAL TUBERCULOSIS TEST. _ ALL MILKFOR PASTEURIZATION SHALL BE FROM HERDS UNDER A BRUCELLOSIS ERADICATION PROGRAM WHICH MEETS ONE OF THE FOLLOWING CONDITIONS: A. LOCATED IN A CERTIFIED BRUCELLOSIS -FREE AREA AS DEFINED BY THE U. S. DEPARTMENT OF AGRICULTURE AND ENROLLED IN THE TESTING PROGRAM FOR SUCH AREAS; OR B. LOCATED IN A MODIFIED CERTIFIED BRUCELLOSIS AREA AS DEFINED BY THE U. S. DEPARTMENT OF AGRICULTURE AND ENROLLED IN THE TESTING PROGRAM FOR SUCH AREAS; OR C. MEET U. S. DEPARTMENT OF AGRICULTURE REQUIREMENTS FOR AN INDIVIDUALLY CERTIFIED HERD; OR D. PARTICIPATING IN A MILK RING TESTING PROGRAM WHICH IS CONDUCTED ON A CONTINUING BASIS AT INTERVALS OF NOT LESS THAN EVERY THREE MONTHS OR MORE THAN EVERY SIX MONTHS, WITH INDIVIDUAL BLOOD TESTS ON ALL ANIMALS IN HERDS SHOWING SUSPICIOUS REACTIONS TO THE MILK RING TEST; OR E. HAVE AN INDIVIDUAL BLOOD AGGLUTINATION TEST ANNUALLY WITH AN ALLOWABLE MAXIMUM GRACE PERIOD NOT EXCEEDING TWO MONTHS. FOR DISEASES OTHER THAN BRUCELLOSIS AND TUBERCULOSIS, THE HEALTH AUTHORITY SHALL REQUIRE SUCH PHYSICAL, CHEMICAL OR BACTERIOLOGICAL TESTS AS -22- HE DEEMS NECESSARY. THE DIAGNOSIS OF OTHER DISEASES IN DAIRY CATTLE SHALL BE BASED UPON THE FINDINGS OF A LICENSED VETERINARIAN OR A VETERINARIAN IN THE EMPLOY OF AN OFFICIAL AGENCY. ANY DISEASED ANIMAL DISCLOSED BY SUCH TEST(S) SHALL BE DISPOSED OF AS THE HEALTH AUTHORITY DIRECTS. SECTION 9. MILK AND MILK PRODUCTS WHICH MAY BE SOLD. FROM THE DATE ON WHICH THIS ORDINANCE IS ADOPTED, ONLY GRADE A PASTEURIZED MILK AND MILK PRODUCTS SHALL BE SOLD TO THE FINAL CONSUMER, OR TO RESTAURANTS, SODA FOUNTAINS, GROCERY STORES OR SIMILAR ESTABLISHMENTS; PROVIDED, THAT IN AN EMERGENCY, THE SALE OF PASTEURIZED MILK AND MILK PRODUCTS WHICH HAVE NOT BEEN GRADED, OR THE GRADE OF WHICH 15 UNKNOWN, MAY BE AUTHORIZED BY THE HEALTH AUTHORITY; IN WHICH CASE, SUCH MILK AND MILK PRODUCTS SHALL BE LABELED "UNGRADED." SECTION 10. TRANSFERRING; DELIVERY CONTAINERS; COOLING. EXCEPT AS PERMITTED IN THIS SECTION, NO MILK PRODUCER OR DISTRIBUTOR SHALL TRANSFER MILK OR MILK PRODUCTS FROM ONE CONTAINER OR TANK TRUCK TO ANOTHER ON THE STREET, IN ANY VEHICLE, STORE OR IN ANY PLACE EXCEPT A MILK PLANT, RECEIVING STATION, TRANSFER STATION OR MILKHOUSE ESPECIALLY USED FOR THAT PURPOSE. THE DIPPING OR LADLING OF MILK OR FLUID MILK PRODUCTS IS PROHIBITED. IT SHALL BE UNLAWFUL TO SELL OR SERVE ANY MILK OR FLUID MILK PRODUCT EXCEPT IN THE INDIVIDUAL, ORIGINAL CONTAINER RECEIVED FROM THE DISTRIBUTOR, OR FROM AN APPROVED BULK DISPENSER; PROVIDED, THAT THIS REQUIREMENT SHALL NOT APPLY TO MILK FOR MIXED DRINKS REQUIRING LESS THAN ONE -HALF PINT OF MILK, OR TO CREAM, WHIPPED CREAM OR HALF- AND -HALF WHICH IS CONSUMED ON THE PREMISES AND WHICH MAY BE SERVED FROM THE ORIGINAL CON- TAINER OF NOT MORE THAN ONE -HALF GALLON CAPACITY, OR FROM A BULK DISPENSER APPROVED FOR SUCH SERVICE BY THE HEALTH AUTHORITY. IT SHALL BE UNLAWFUL TO SELL OR SERVE ANY PASTEURIZED MILK OR MILK PRODUCT WHICH HAS NOT BEEN MAINTAINED AT A TEMPERATURE OF 45° F., OR LESS. IF CONTAINERS OF PASTEURIZED MILK OR MILK PRODUCTS ARE STORED IN ICES THE STORAGE CONTAINER SHALL BE PROPERLY DRAINED. SECTION 11. MILK AND MILK PRODUCTS FROM POINTS BEYOND THE LIMITS OF ROUTINE INSPECTION. MILK AND MILK PRODUCTS FROM POINTS BEYOND THE LIMITS OF ROUTINE INSPECTION OF THE CITY OF CORPUS CHRISTI OR ITS POLICE JURISDICTION, -23- MAY BE SOLD IN CORPUS CHRISTI OR ITS POLICE JURISDICTION, PROVIDED THEY ARE PRODUCED AND PASTEURIZED UNDER REGULATIONS WHICH ARE SUBSTANTIALLY EQUIVALENT TO THIS ORDINANCE AND HAVE BEEN AWARDED AN ACCEPTABLE MILK SANITATION COM- PLIANCE AND ENFORCEMENT RATING MADE BY A STATE MILK SANITATION RATING OFFICER CERTIFIED BY THE U. S. PUBLIC HEALTH SERVICE. SECTION 12. FUTURE DAIRY FARMS AND MILK PLANTS.. PROPERLY PREPARED PLANS FOR ALL MILK HOUSES MILKING BARNS, STABLES AND PARLORS, TRANSFER STATIONS, RECEIVING STATIONS AND MILK PLANTS REGULATED UNDER THIS ORDINANCE WHICH ARE HEREAFTER CONSTRUCTED RECONSTRUCTED OR EXTENSIVELY ALTERED, SHALL BE SUBMITTED TO THE HEALTH AUTHORITY FOR WRITTEN APPROVAL BEFORE WORK IS BEGUN. SECTION 13. PERSONNEL HEALTH. NO PERSON AFFECTED WITH ANY DISEASE IN A COMMUNICABLE FORM, OR WHILE A CARRIER OF SUCH DISEASE, SHALL WORK AT ANY DAIRY FARM OR MILK PLANT IN ANY CAPACITY WHICH BRINGS HIM INTO CONTACT WITH THE PRODUCTION, HANDLINGS STORAGE OR TRANSPORTATION OF MILK, MILK PRODUCTS, CONTAINERS, EQUIPMENT AND UTENSILS; AND NO DAIRY FARM OR MILK PLANT OPERATOR SHALL EMPLOY IN ANY SUCH CAPACITY ANY SUCH PERSON, OR ANY PERSON SUSPECTED OF HAVING ANY DISEASE IN A COMMUNICABLE FORM, OR OF BEING A CARRIER OF SUCH DISEASE. ANY PRODUCER OR DISTRIBUTOR OF MILK OR MILK PRODUCTS, UPON WHOSE DAIRY FARM, OR IN WHOSE MILK PLANT ANY COM- MUNICABLE DISEASE OCCURS, OR WHO SUSPECTS THAT ANY EMPLOYEE HAS CONTRACTED ANY DISEASE IN A COMMUNICABLE FORM, OR HAS BECOME A CARRIER OF SUCH DISEASE, SHALL NOTIFY THE HEALTH AUTHORITY IMMEDIATELY. SECTION 14. PROCEDURE 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 AND/OR MILK PRODUCTS, THE HEALTH AUTHORITY 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; AND (3) ADEQUATE MEDICAL AND BACTERIOLOGICAL EXAMINATION OF THE PERSON, OF HIS ASSOCIATES, AND OF HIS AND THEIR BODY DISCHARGES. SECTION 15. LICENSE FEES. EVERY MILK PRODUCER, MILK PRODUCER-DISTRI- BUTOR, MILK DISTRIBUTORS MILK DEALER AND MILK DISPENSER OF MILK AND/OR MILK O� -24- PRODUCTS AS DEFINED IN THIS ORDINANCE, WHETHER OPERATED BY AN INDIVIDUAL OR AS A FIRMS ASSOCIATIONS PARTNERSHIP OR CORPORATION SHALL IMMEDIATELY UPON PASSING OF THIS ORDINANCE, MAKE APPLICATION IN WRITING TO THE HEALTH OFFICER OF THE CITY OF CORPUS CHRISTI, TEXAS, UPON A FORM PRESCRIBED AND FURNISHED BY SAID HEALTH OFFICERS FOR PERMIT TO PRODUCE, DISTRIBUTES SELL ANDA R DISPENSE MILK FOR CONSUMPTION WITHIN THE CITY LIMITS OF CORPUS CHRISTI, TEXAS, AS HAS HEREINBEFORE BEEN DEFINED IN THIS ORDINANCES AND SHALL PAY THEREFORE, IN ADVANCE, A LICENSE FEE AS FOLLOWS. DISTRIBUTORS OF GRADE A PASTEURIZED AS DEFINED, IN THIS ORDINANCEI SHALL PAY A LICENSE FEE, IN ADVANCE, COMPUTED AS FOLLOWS: SUCH FEE SHALL BE BASED UPON THE AVERAGE DAILY AMOUNT OF MILK DISTRIBUTED, COMPUTED OVER A YEARS' OUTPUT AND ESTABLISHED IN ADVANCE, AND SHALL BE IN THE SUM OF TWENTY a DOLLARS ($20.00) FOR THE FIRST ONE HUNDRED (100) GALLONS OR LESS PER DAY FOR SUCH AVERAGE OUTPUT, AND ANI ADDITIONAL FEE OF TWO DOLLARS ($2.00) FOR EACH TWENTY —FIVE (25) GALLONS OR A FRACTION IN EXCESS AND`SAID FIRST ONE HUNDRED (100) GALLONS PER DAY, COMPUTED ON THE BASIS OF THE AVERAGE DAILY OUTPUT, AS HEREINBEFORE STATED. .PRODUCER — DISTRIBUTORS OF GRADE A PASTEURIZED MILK, AS DEFINED IN THIS ORDINANCE, SHALL PAY A LICENSE FEE, IN ADVANCE, AS FOLLOWS: SUCH FEES SHALL BE BASED UPON THE AVERAGE DAILY AMOUNT OF MILK DISTRIBUTION, COMPUTED OVER A YEARS OUTPUT AND ESTABLISHED IN ADVANCE, AND SHALL BE IN THE SUM OF TWENTY DOLLARS ($20.00) FOR THE FIRST ONE HUNDRED (100) GALLONS OR LESS PER DAY FOR SUCH AVERAGE OUTPUT AND AN ADDITIONAL FEE OF TWO DOLLARS ($2.00) FOR EACH FIFTY (50) GALLONS COMPUTED THEREOF IN EXCESS TO SAID FIRST ONE HUNDRED (100) GALLONS COMPUTED ON THE BASIS OF THE DAILY OUTPUT HEREIN — BEFORE STATED. PRODUCERS OF GRADE A MILK,,AS DEFINED IN THIS ORDINANCE, SHALL PAY A FEE, IN ADVANCE, AS FOLLOWS:' SUCH FEES SHALL BE BASED UPON THE AVERAGE DAILY OUTPUT OF MILK PRODUCED COMPUTED OVER A YEARS OUTPUT AND ESTABLISHED IN ADVANCE, AND SHALL BE IN THE SUM OF FIFTEEN DOLLARS ($15.00) FOR THE FIRST ONE HUNDRED (100) GALLONS OR LESS FOR SUCH AVERAGE OUTPUT AND AN ADDITIONAL FEE OF TWO DOLLARS ($2.00) FOR EACH FIFTY (50) GALLONS OR FRACTION THEREOF IN EXCESS OF SAID FIRST ONE HUNDRED (100) GALLONS COMPUTED ON THE BASIS OF THE DAILY OUTPUT HEREINBEFORE STATED. - �5- .. . DEALERS OF GRADE A MILKS AS DEFINED IN THIS ORDINANCE, SHALL PAY AN ANNUAL LICENSE FEE OF TWO DOLLARS ($2.00). DISPENSERS OF GRADE A MILK AS DEFINED IN THIS ORDINANCE, SHALL PAY AN ANNUAL LICENSE FEE OF SIX DOLLARS ($6.00). SUCH PERMITS SHALL ENTITLE SAID MILK PRODUCER, MILK PRODUCER-DISTRI- BUTOR� MILK DISTRIBUTORI MILK DEALERS AND MILK DISPENSERS TO DO BUSINESS IN ACCORDANCE WITH THE PROVISIONS OF THIS ORDINANCE, ANDS UNLESS REVOKED, SHALL CONTINUE IN FORCE FOR A PERIOD OF ONE FISCAL YEAR, OR FRACTIONAL PART THEREOF, BEGINNING MARCH 1 EACH YEARS AND SHALL BE NONTRANSFERABLE AND SHALL BE RENEWED ACCORDINGLY UPON APPLICATION AND PAYMENT OF LIKE SUM IN ACCORDANCE WITH AND SUBJECT TO THE TERMS AND CONDITIONS OF THIS ORDINANCE. THIS LICENSE FEE SHALL BE PAID TO THE CITY SECRETARY OF THE CITY OF CORPUS CHRISTI, TEXAS. �y 1• SECTION 16. ENFORCEMENT. THIS ORDINANCE SHALL BE ENFORCED BY G THE HEALTH AUTHORITY IN ACCORDANCE WITH THE GRADE A PASTEURIZED MILK ORDINANCE WITH ADMINISTRATIVE PROCEDURES - -1965 RECOMMENDATIONS OF THE UNITED STATES PUBLIC HEALTH SERVICE, A CERTIFIED COPY OF WHICH SHALL BE ON FILE AT THE CITY SECRETARY'S OFFICE. WHERE THE MANDATORY COMPLIANCE WITH PROVISIONS OF THE APPENDICES IS SPECIFIED, SUCH PROVISIONS SHALL BE DEEMED A REQUIRE- MENT OF THE ORDINANCE. SECTION 17. SEVERABILITY. SHOULD ANY SECTIONI PARAGRAPHS SENTENCE CLAUSE OR PHRASE OF THIS ORDINANCE BE DECLARED UNCONSTITUTIONAL OR INVALID FOR ANY REASON, IT SHALL NOT AFFECT ANY VALID PROVISIONS OF THIS OR ANY OTHER ORDINANCE OF THE CITY OF CORPUS CHRISTI TO WHICH THESE RULES AND REGULATIONS RELATE. SECTION 18. PENALTY. ANY PERSON WHO SHALL VIOLATE ANY OF THE PROVISIONS OF THIS ORDINANCE SHALL BE GUILTY OF A MISDEMEANOR AND, UPON CONVICTION THEREOF, SHALL BE PUNISHED BY A FINE NOT TO EXCEED TWO HUNDRED DOLLARS ($200.00). 1 SECTION 19. REPEAL AND DATE OF EFFECT. ALL ORDINANCES AND PARTS OF ORDINANCES IN CONFLICT WITH THIS ORDINANCE SHALL BE REPEALED IMMEDIATELY AFTER THE ADOPTION OF THIS ORDINANCE, AT WHICH TIME THIS ORDINANCE SHALL BE IN FULL FORCE AND EFFECTS AS PROVIDED BY LAW. THAT THE FOREGOING ORDINANCE WAS R D F OR THE FIR ME PASS D 0 ITS SECOND READING ON THIS THE DAY OF S 195 BY THE FOLLOWING VOTE: f DR. MCIVER FURMAN JACK BLACKMON PATRICK J. DUNNE DR. P. JIMENEZ, JR. KEN MCDANIEL \ • RONNIE SIZEMORE WM. H. WALLACE THAT THE FOREGOING ORDINA11 AS READ FOR H S ND T�SE TO ITS THIRD READING ON THIS THE � DAY OF / 5L19 5 BY THE FOLLOWING VOTE: ` DR. MCIVER FURMAN JACK BLACKMO14 + PATRICK J. DUNNE i DR. P. JIMENEZS JR. KEN MCDANIEL RONNIE SIZEMORE + WM. H. WALLACE THAT THE FOR 0 NG ORDINANCE S REA F R THE THIRD AND PASSED FINALLY ON THIS THE � DAY OF S 19�i BY THE FOLLOWING VOTE: -` DR. MCIVER FURMAN p JACK BLACKMON PATRICK J. DUNNE DR. P. JIMENEZS JR. KEN MCDANIEL RONNIE SIZEMORE WM. H. WALLACE i PASSED AND APPROVED, THIS THE DAY of i 19�. ATTEST: l 5ECIiET4RY • + APPROVED AS LEGAL FORM THI YL DAY OF 9-a: (7 YOR l "THE CITY OF CORPUS CHRISTI, TEXAS CITY ,ATTORN��' .F�