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HomeMy WebLinkAbout03090 ORD - 07/17/1951AN ORDIIWICE NO. DEFINING "FROZEN DESSERTS," n��n "PASTEURIZATION," "FROZEN DESSERTS PLANTS," ETC.; PROHIBITING THE SALE OF ADULTERATED OR MISBRANDED MIX OR FROZEN DESSERTS; REGULATING THE ISSUING, SUSPENSION AND REVOCATION OF PERMITS FOR THE SALE OF MIX AND FROZEN DESSERTS, THE LABELING OF CONTAINERS, ME INSPECTION OF FROZEN DES- . SERTS PLANTS, ETC., THE EXANINATIO17 OF FROZEN DESSERTS ' AND THEIR INGREDIENTS, ME TRANSFER OF FROZEN DESSERTS, THE SALE OF NIX A17D FROZEN DESSERTS FROM DISTANT POINTS, THE OCIISTRUC'TION OF FUTURE PLANTS, THE REPORTING AND CCNTRCL OF COuc;UNICABLE DISEASE AT PLANTS, THE ENFORCF_ 'ANT OF a1IS ORDINANCE; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH, ESPECIALLY ORDINANCE N0. 619; PROVIDING PENALTIES FUR VIOLATION OF THIS ORDINANCE AND PROVIDING FOR THE EFFECTIVEaESS - OF THIS OPDIIiANCE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TFXAS; SECTION 1. Definitions. - The following definitions shall apply in the interpretation and the enforcement of this ordinances A. Frozen desserts. - A frozen dessert is any clean frozen or partially frozen combination of two or more of the followings Milk or milk pro- ducts, eggs or egg products, augers, water, fruit or fruit juices, candy, nut meats, or tther harmless and wholeaome food products, flavors, color, or harm - lose stabilizer, and shall be deemed to include ice cream, frozen custard, ice milk, milk sherbet, ices, and other similar products. B. Bilk and milk products. - Milk and milk products used in mix or frozen desserts shall include milk, cream, frozen cream, plastic cream, fluid skim milk, butter, sweetened and unsweetened evaporated milk, sweetened and unsweetened evaporated skim milk, sweetened and unsweetened condensed milk, sweetened and unsweetened condensed skim milk, powered whole milk, powdered skim milk, sweet cream buttermilk, sweet cream condensed buttermilk, and sweet cream powdered buttermilk, or any of these products from Which lactose has been wholly or partially removed. C. Mix. - Mix is the unfrozen combination of all ingredients of a frozen dessert with or without fruits, fruit juices, candy, out meats, flavor, or harmless color. D, Pasteurization. - The terms " pasteurization, " "pasteurized," and similar terms shall be taken to refer to the process of heating every par - tiole of mix to at least 155 degrees F. and holding at such temperature for at least 30 minutes in approved and properly operated equipmeut= Provided that noting contained in this definition shall be construed as de- barring any other process which has been demonstrated to be equally efficient and is approved by the State health authority. E. Person. - She word "pereoa" as used in this ordinance shall mean person, firm, corporation, or association. F. Frozen desserts manufacturer. - A frozen desserts manu- facturer is any person who manufactures, processes, or freezes any mix or frozen desserts for distribution or sale. G. Frozen desserts plant. - A frozen desserts plant is hereby defined as any place or premises where frozen desserts or mix are manufactured, processed, or frozen for distribution or sale. H. Milk Products Plant. - A milk product plant shall mean any place or premises where milk or milk products are skimed, condensed, evaporated, powdered, manufactured into butter, or otherwise processed for subsequent manufacture of mix or frozen desserts. I. Receiving stqtioh. - A receiving station shall mean any place or promises where milk or milk products are received for subsequent delivery to milk products plants or frozen desserts plants. J. Dairy farm. - A dairy farm is any place or promisee 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. K. Health officer. - She term "health officer" shall mean the City Health Officer of the City of Corpus Christi or his authorized repre- sentative. Le Average bacterial plate count, direct microscopic count, reduction time, and cooling temperature. - Average bacterial plate count and average direct microscopic count shall be taken to mean the logarith:tio average, and average reduction time and average cooling temperature shall be taken to mean the arithmetic average, of the respective results of the last four consecutive samples, taken upon separate days. M. Adulterated or mixbtanded frozen desserts or mix. - Any frozen dessert or mix which contains any unwholesome substance, or which t2 if defined in this ordinance, or which if defined in the Texas Hood and Drug laws does not conform with its definitioa, shall be deemed adulterated and/or misbranded. N. And/or. - Where the term "and/or" is used "and" ehdll apply where possible, otherwise "or" shall apply. SECTION 2. The sale prohibited of mix or frozen dessert which is adulterated or misbranded. - No person shall, within the corporate limits of the City of Corpus Christi or its police jurisdiction, manufacture, freeze, sell, offer or expose for sale, or have in possession with intent to sell, any mix or frozen dessert which is adulterated or misbranded. QSECTION 3. Permits. - It shall be unlawful for any person to deliver directly or indirectly into or receive into the corporate limits of the City of Corpus Christi or its police jurisdiction for sale, or to pro- duce, still or offer for sale therein, or to have in storage where mix or frozen desserts are sold or served, any mix or frozen dessert, who does not possess a permit from the health officer Only a person who complies with the requirements of this ordinance shall be entitled to receive an# retain such a permit. Such a permit may be suspended by the health officer, or revoked 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 4- Labeling. - All cans, packages, and other containers en- closing mix or frozen desserts or their ingredients derived from milk, except those filled from labeled bulk containers in retail dispensing, ' shall be plainly labeled or marled with (1) the name of the contents; (2) in the case of mix the word "pasteurized" if the contents have been pasteurized and the word "raw" if the contents have not been pasteurized; and (3) the name and the street address, or the permit number, of the plant at which the contents were placed is the container. A descriptive word or phrase indicating in more detail the composition or flavoring of the mix or frozen dessert, such as strawberry, chocolate, custard, etc., -a 3 may be used on the label. The label or mark shall be in letters o£ a size, kind, and color approved by the health officer. Trade names and trade marks may be permitted. The label shall contain no mark, or words which are misleading. SECTION 5. Inspection of frozen desserts plants, - At lease once during each six months period the health officer shall inspect all frozen desserts plants, the products of which are intended for ,oncumption within the corporate limits of the City of Corpus Christi or its police jurisdiction. In case the health officer discovers the violation of any item of sanitation, he shall make a second inspection after a lapse of such time as he deems necessary for the defect to be remedied, but not before the lapse of three (j) days, and the second inspection shall be used in determining compliance with the requirements of this ordinance. Any violation of the same item of this ordinance on two consecutive inspection shall call for immediate Suspension of permit. One copy of the inspection report shall be delivered to the owner of the premises inspected, or his agent, and shall be readily available at any time for a period of tweiiie (12) months. Another copy of the inspection report shall be filed with the records of the health department. SECTIO ^H 6. The examination of frozen desserts and their ingredients. - During each six months period at least four samples of frozen desserts and pasteurized mix from each plant shall be tested by the health officer. ` Samples of mix or frozen desserts may be taken by the health officer at any time prior to final delivery. Samples of ingredients may be tested as often as the health officer may require. Samples of frozen desserts from stores, cafes, soda fountains, restaurants, and other places where fnozen desserts are sold may be tested as often as the health officer my require. Bacterial plate counts and direct microscopic counts shall be made in conformity with the latest standard methods recommended by the American Public Health Association. Examinations may include such other chemical and physical determinations as the health officer may deem necessary for the detection of adulteration, these examinations to be i� made in conformity with the latest standard methods of the American Public Health Association and the Association of OfficisL Agricultural Chhmi.sts. A11 proprietors of plants, stores, cafes, eestaurants, soda fountains, and other similar places shall furnish the health officer, upon hie request, the names of all persons from whom their mix or frozen desserts are obtained. 17hanever the average bacterial plate count, the average re- duction time, or the average cooling temperature falls beyond the limit, the health officer shall send written notice thereof to the plant concerned, and shall take an additional sample, but not before the lapse of three days, for determining a new average in accordance with section 1 (L). Violation of the requirement by the new avergge or by any subsequent average during the remainder of the current six months period shall call for immediate suspea- lion of the permit, unless the last individual result is within the limit. SECTION 7. Sanitation requirements for frozen desserts plants. - All frozen desserts; plants shall comply with the following items of sanitation. A. Moors. - as floors of all rooms in which mix, frozen desserts, or their ingredients are manufactured, frozen, or stored, or in which containers and utensils are washed, 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: Provided, that cold storage rooms need not be provided with drd us: Provided further, that the construction requirements of this item shall be waived, in frozen desserts plants which freeze and sell only at retail on the premises, if the portion of the room in which the freezer is installed and the room in which containers or utensils are washed have impervious floors or solid floors covered with tight linoleum or other /approved, washable material. B. Walls and ceilings. - Walla and ceilings of rooms in which mix, frozen desserts, or their ingredients are manufactured or frozen, or in which containers or utensils are washed, shall have a smooth, washable light - colored surface, and shall be kept clean. C. Doors and windows. - Unle as other effective means are pro- vided to prevent the access of flies, all openings to the outer air shall be f' effectively screened and doors shall be self - closing. , D. Lighting and ventilation. - All rooms shall be well lighted and ventilated. B. Miscellaneous protection from contamination. - The various plant operations shall be so located and conducted as to prevent any con- tamination of the mix, frozen desserts, their ingredienta, cleaned equip- ment, or containers. All means necessary for the elimination of flies shall be used. Separate rooms shall be provided for (a) the pasteurizing, pro- oessing, cooling, freezing, and packaging operations, and (b) the washing and bactericidal treatment of containers; Provided, that requirement (a) shall be satisfied, in frozen desserts plants which freeze and sell only at retail on the premises, if all mixing, freezing, and packaging pro- ceases, but not necessarily the hardening and storage compartments, are enclosed iA a tight glass or other sanitary enclosure which is open only on the sid from the public, which has a dust -tight top extending over the entire freezer, and which is protected by a fan so installed and of such power as to prevent the entrance of flies. Containers of frozen desserts ingredients shall not be unloaded directly into the room or rooms used for pasteurization, or subsequent processes. Pasteurized mix or frozen desserts shall not b4 permitted to come in contact with equipment with which unpasteur- ized mix, frozen desserts, milk, or milk products have been in contaot, unless such equipment has first been thoroughly cleaned and subjected to bactericidal treatment. I1one of the operations connected with a frozen desserts plant shall be conducted in a room used for domestic purposes. F. Toilet facilities. - There shall be provided toilet facilities conforming with the ordinances of the City of Corpus Christi, and which are kept clean, well ventilated, and in good repair. Toilet rooms shall not open directly into any room in whoih frozen desserts, their ingredients, equipment, or containers are handled or stored. The doors of all toilet rooms shall be self ^closing. 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 2onformity with the requirements of the State Board of Health. G. Water supply - The water supply shall be easily accessible, ade- quate, and of a safe, sanitary quality. H. Hand- mahing facilities. - Convenient hand - washing 'faoilitiea shall be provided, including warm running water, soap, and approved sanitary towels. The use of a common towel is prohibited. No employee shall resume work after using the toilet room without first washing hie hands. I. Sanitary piping. - A11 piping used to conduct ingredients, mix, or frozen desserts shall be sanitary milk piping of a type which can be easily cleaned with a brush. •J. Conatructi n and repair of containers and equipment. - All multiuse containers and equipment with which mix, frozen desserts, or their in- gredients come in contact shall be constructed in such manner as to be easily cleaned, and stall be kept in goal repair. K. Disposal of wastes. - All wastes shall be properly disposed of. L. Cleaning and bactericidal treatment of containers and equip- ment, - All multi - servioe containers and equipment for mix, frozen desserts, or their ingredients shall be thoroughly cleaned after each usage. All con- tainers she11 be subjected to an approval bactericidal process after each cleaning, and all equipment immediately before each usage. Men empty and before being returned by a grozen desserts plant, each milk and milk products container shall be effectively cleaned and subjs eted to bactericidal treatment. M. Storage of containers. - After bactericidal treatment all multi -use containers for mix, frozen desserts, and their ingredients shall be stored in such manner as to be protected from contamination. ' Id. Handling of containers and equipment. - Between bactericidal treatment and usage, and during usage, containers and equipment shall not be handled or operated in such manner as to permit contamination of the frozen desserts, mix, or their ingredibnts. 0. Storage and handling of single service containers and utensils. - Caps, parchment papeys, wrappers, can liners, and single - service sticks, spoons, and containers for frozen desserts, mix, or their ingredients shall be purchased only in sanitary containers; shall be kept therein in a clean dry place; and shall be handled in a sanitary manners P. Pasteurization of mix. - All mix shall be pasteurized as 7 described in section 1 (D) of this ordinance. Q. Cooling and handling. - All milk and fluid milk products received at the frozen desserts plant for use in frozen desserts or mix shall immediately be cooled in approved equipment to 50 degrees F. or loss and maintained at that temperature until pasteurized, unless they are to be pasteurized within two (2) hours after receipt] and all pasteurized mix shall immediately be cooled in approved equipment to an average temperature of 50 degrees Fe or less, as defined in section 1 (L) of this ordinance, and maintained thereat until frozen. All mix which is not frozen at the plant at which it was pasteur- ized shall be t5ansported to the place of manufacturing or freezing in sealed containers, and the mix shall be handled in a sanitary manner, Dipping from containers of pasteurized mix is prohibited. 2, Packaging, etc. - Packaging, cutting, molding, dipping, freezing, haddening, and other preparation of mix or frozen desserts or thefe ingredients shall be done in an approved manner. Containers shall be adequately covered immediately after filling. Caps or covers shall be handled in such manner as to preront contakination of the pgckage contents. S. Overflow or spillage. - Product drip, or overflow or spilled mix or frozen desserts or their ingredients, shall not be sold for human consumption. T. Returns. - Mix or frozen desserts in open or broken containers may after delivery be returned to the plant for inspection, but shall not be used for making mix or frozen desserts. U. Personnel, health. - The health officer or a physician authorised by him shall examine and take a oareful morbidity history of every person connected with a frozen desserts plant, or about to be employed, whose work beings him in contact with the production, handling, or storage of mix or frozen desserts, containers, or equipment. If such examinwtiona suggest that such person may be a carrier of or infected with the organisms of typhoid or paratyphoid fever or any other communicable diseased likely to be transmitted through frozen desserts, he shall secure appropriate specimen* of body dis- charges and cause them to be examined in a laboratory approved by him or by - the state health authorities for such examinations, and if the results justify such person shall be barred from such employment. 0 centimeter or per gram, Provided, that these limit. shall be doubled in the case of cream, SECTION S. Frozen desserts plants which may sell their products. - From and after 12 months from the date.on which this ordinance takes effect no mix or frozen desserts shall be sold for ultimate oonsumption within the corporate limits of the City of Corpus Christi or its police juriadiotion unless it has been manufactured and frozen in a plant con- forming with the requirements of this ordinance. Provided, that; when any frozen desserts plant fails to qualify the health officer is authorized to revoke the permit. SECTION 9. Suspension and re- issuing of permit. - If at any time a sus- pension of the is rmit shall become justified in any case, the health officer shall, subject to the provisions Of sections 3,5,6 and 7 of this ordinance. immediately suspend the permit of said frozen desserts plant. Any frozen desserts plant, the permit of which has been sus- pended by the health officer, may at any time make application for the re- issuing of the permit. Upon receipt of a satisfactory application, in case the sus- pension of permit is the result of an unsatisfactory bacterial condition or oobling temperature, the health officer shall take further samples at the rate of not more than 2 samples per week. The health officer shall re -issue the permit whenever the gverage of the last four sample results indicates the necessary compliance. In case the suspension of permit is due to the violati•,n of any item or items of the specifications prescribed in section 7 other than bacterial condition or cooling temperature, the said application must be accompanied by a statement signed by the applicant to the effect that the violated item or items of the specifications have been conformed with. Within one week of the receipt of such an application and statement the health officer shall make a re- inspection, and thereafter as many addi- tional re- inspection as he may deem necessary to assure himself that the applicant is again complying with the requirements, and in case the find- ings indicate compliance, shall re -issue the permit. /d Such persons shall furnish such information, submit to such physical examinations, and submit such laboratory specimens as the health officer may require for the purposeof determining freedom from infection. V. personnel, cleanliness. - 911 persons coming in contact with mixm frozen desserts, their ingredients, containers, or equipment, ®hall wear clean outer garments and shall keep theri hands clean at all timea while thus engaged. W. Miscellaneous. - All Vehicles used for the transportation of mix or ,frozen desserts or their ingredients shall be so constructed and operated as to protect their contents from the am and from contamination. Such Vehicles shall be kept clean, and no substance capable of contaminating mix or frozen desserts or their ingredients shall be transported therewith in such manner as to permit contamination. All behicles used for the distribu- tion of mix or frozen desserts shall have the name of the distributor pro- minently displayed. The immediat4 surroundings of all frozen desserts plants shall be kept in a neat, clean condition. X. Bacterial plate count of pasteurized mix or frozen desserts. - The average baoteriql plate count of the pasteurized mix or the frozen desserts shall at no time prior to delivery exceed 50,000 per gram, as determined under section 1 (L) and 6. Y. Ingredients. - All mix and frozen desserts ingredients shall be clean, have a fresh vdrolesome flavor and odor and a normal appearance, be of satisfactory quality, and shall be handled or processed in an approved manner. Milk and milk products used as ingredients in the raw state shall have an average bacterial plate count not exceeding 200,000 per cubic centimeter or per gram, or an average direct microscopic count not exceeding 200,000 per cubic centimeter or per gram if clumps are counted or 800,000 if indioidual organisms are counted. /or an average reduction time of not less than six (6) hours, as determined under sections 1 (L) and 6, and milk and milk products used an ingredients in the pasteurized, oondensed; evaporated or dried state shall have an average bacterial plate count not exceeding 50,000 per bubic 9 SECTION 10. Transferring and dispensing frozen desserts. - No person shall transfer frozen desserts from one container to another or package the same on the street or in any vehicle or in any place except a sani- tary room under approved conditions, SECTICN 11, Mix and (frozen desserts from points beyond the limits of ,routine inspection. - Mix and frozen desserts from points beyond the limits of routine inspection of the City of Corpus Christi may not be sold in the City of Corpus Christi, or its police jurisdiction, unless controlled under provisions equivalent to the requirements of this ordi- nance: Provided, that the health officer shall satiafy himself that the health officer having jurisdiction over the manufacture is properly en- forcing such provisions, SECTION 12, Future frozen desserts plants. - All frozen desserts plants from which mix or frozen desserts are supplied within the corporate limits of the City of Corpus Christi, which are hereafter constructed, reconstructed, or extensively altered, shall conform in their construction to the require- ments of this ordinance. Properly prepared plans for all frozen desserts plants which are hereafter construoted, reconstructed, or extensively altered shall be submitted for approval before work is begun, and 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 frozen desserts manufacturer or distributor Among whose employees any infectious, contageous, or communicable disease ocourse SECTI N 14. Procedure when infection suspected, - When suspension arises as to the possibility of transmission of infection from spy person concerned with the handling of mix, frozen desserts, or their ingradi6nts, the health officer is authorized to require any or all of the following measurest (1) the immediate exclusion of that person from handling mix, frozen desserts, or their ingredientej (2) the immediate exclusion of the supply concerned from distributioh and useg (3) adequate medical and bacteriological examination of the person, of his associates, and of his and their bodily discharges. SECTION 15, Enforcement interpretation. - This ordinance shall be enforced by the health offices in accordance with the interpretations thereof contained in the 1940 edition of the United States Public Health Service Frozen Desserts Code, a certified m py of which shall be on file in the City Secretary's Office. SECTION 16. Penalty for violation. -- Any and all persons, firma, partner- ships or corporations who shall violate any of tha provisions of this ordinance or fail to oomply therewith, or who shall violate or fail to comply with any order or regulation made hereunder, shall severally for each and every violation and non - compliance repsectively be fined in a sum not to exceed '4`200 (Two Hundred Dollars), The imposition of one fine for any violation of this ordinance shall not excuse the violation or permit it to continue, and all such persons, firms, partherships, or corporations shall be required to correct or remedy such violations, and when not otherwise specified, each day that prohibited conditions are maintained shall constitute a separgte offense. The application of the above penalty shall not be held to prevent the enforced removal of prohibited conditions. In case a corporation is the violator of any provision of this ordinance, the president, vice- president, secretary, treasurer, manager, or any agent or employee of such corporation shall be also severally liable for the penalties herein prescribed; .provided, further, that should a different punishment be prescrrbed in avy case by state law for any offense indluded in this ordinance, and should the punish- ment prescribed by state law be the only punishment which can lawful- ly be adjudged for any such offense, then the punishment prescribed by state law shall be adjudged in and by the corporation court against such offender in lieu of the penalty hereinbeforo provided. SECTION 17, Repealing Clause. All ordinances or parts of ordinances in conflict herewith shall be and are hereby repealed, and especially repealed hereby are the following described ordinance and amdnement thereto: Ordinance No. 619, dated Yhf 9, 1936, recorded in Volume 9, Page 200. , SECTION 18. Saving clause. In the event any part or provision shall be found to be in conflict with any law of the state or to be for any reason void or unenforceable such defeat shall extend only in so far to avoid such conflict or other objection, and shall not invalidate any other and lawful application of the same provision of this ordinance. , SIB -19- This ordinance shall take effect drom and after of its publics- . tion one time in the official publication of the City of Corpus Christi, which publication shall be sufficient if it contain the caption and title \ hereof, and state in summary the purpose of the ordinano a and penalty for violation thereof. In accordance with the City Charter of the City of Corpus Christi, Texas, the foregoing a ordinance was read the first time and passed to the second reading on the Jay ol�, 1951, by the following vote: n LESLIE WASSERMAN JACK DEFORREST BARNEY COTT Q SYD14EY E. HERMON GEORGE L. LOVnW The foregoing foregoing ordinance was read the second time and passed to the third reading on the /6 day of 1951, by the following vote: gyp' LESLIE IWSEWAN JACK DEFOR.REST BARNEY COTT SYDNEY E. HERMON GEORGE L. LOMMN The foregoing ordinance was read the third time and passed finally and passed approved on the day o� 1951, by the following vote: LESLIE MSSERNAN JACK DEFORREST BARiiEY COTT SYDNEY E. HERMON GEORGE L. LOMWT A TEST: _ City S%q"tary APPR AS TO GAL FORM -. 13 Ca y A r y City of Corpus Christi, Taxes