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HomeMy WebLinkAbout03219 ORD - 03/11/1952-5��/9 AN ORDINANCE AN ORDINANCE AMENDING ORDINANCE NO. 1491, PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, ON SEPTEMBER 1, 1942, BY AMENDING SECTION 1 THEREOF BY ADDING ADDITIONAL DEFINITIONS OF MILK AND MILK PRODUCTS THERETO, AND BY AMENDING SECTION 9 THEREOF TO PROVIDE FOR INSPECTIONS IN CASE OF VIOLATION AND REGRADING; AND DECLARING AN EMERGENCY. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. THAT SECTION ONE (1) OF ORDINANCE N0. 1491, PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, ON SEPTEMBER 1, 1942, BE AMENDED SO AS TO HEREAFTER READ' AS FOLLOWS: SECTION 1. DEFINITIONS. THE FOLLOWING DEFINITIONS SHALL APPLY IN THE INTERPRETATION AND ENFORCEMENT OF THIS ORDINANCE: A. MILK. MILK IS HEREBY DEFINED TO BE THE LACTEAL SECRETION OBTAINED BY THE COMPLETE MILKING OF ONE OR MORE HEALTHY COWS, EXCLUDING THAT OBTAINED WITHIN 15 DAYS BEFORE AND 5 DAYS AFTER CALVING, OR SUCH LONGER PERIOD AS MAY BE NECESSARY TO RENDER THE MILK PRACTICALLY COLOSTRUM FREE; WHICH CONTAINS NOT LESS THAN S PERCENT OF MILK SOLIDS NOT FAT, AND NOT LESS THAN 3 -1/4 PERCENT`OF MILK-FAT. B. MILK FAT OR BUTTER FAT. MILK FAT OR BUTTER FAT IS THE FAT OF MILK. C. (1) CREAM AND SOUR CREAM. CREAM IS A PORTION OF MILK WHICH CONTAINS NOT LESS THAN 18 PERCENT MILK FAT. SOUR CREAM IS CREAM THE ACIDITY OF WHICH IS MORE THAN 0.20 PERCENT, EXPRESSED AS LACTIC ACID. (2) LIGHT CREAM, COFFEE CREAM, OR TABLE CREAM. LIGHT CREAM, COFFEE CREAM, OR TABLE CREAM IS CREAM WHICH CONTAINS LESS THAN 30 PERCENT MILK FAT. (3) WHIPPING CREAM. WHIPPING CREAM IS CREAM WHICH CONTAINS NOT LESS THAN 30 PERCENT MILK FAT. (4) LIGHT WHIPPING CREAM. LIGHT WHIPPING CREAM IS WHIPPING CREAM WHICH CONTAINS LESS THAN 36 PERCENT MILK FAT. (5) HEAVY CREAM OR HEAVY WHIPPING CREAM. HEAVY CREAM OR HEAVY WHIPPING CREAM IS WHIPPING CREAM WHICH CONTAINS NOT LESS THAN 36 PERCENT MILK FAT. (6) HALF AND HALF. HALF AND HALF IS A PRODUCT CONSISTING OF A MIXTURE OF MILK AND CREAM WHICH CONTAINS NOT LESS THAN 11.5 PERCENT OF MILK FAT. D. (1) SKIMMED MILK. SKIMMED MILK IS MILK FROM WHICH A SUFFICIENT PORTION OF MILK FAT HAS BEEN REMOVED TO REDUCE ITS MILK -FAT PERCENTAGE TO LESS THAN 3 -1/4 PERCENT. (2) NONFAT. FAT -FREE, OR DEFATTED MILK. NONFAT, FAT -FREE, OR DEFATTED MILK IS SKIN MILK WHICH CON- TAINS NOT MORE THAN 0.1 PERCENT OF MILK FAT. E. MILK OR SKIMMED MILK BEVERAGE. A MILK BEVERAGE OR A SKIMMED MILK BEVERAGE IS A FOOD COMPOUND OR CONFECTION CONSISTING OF MILK OR SKIMMED MILK, AS THE CASE MAY BED TO WHICH HAS BEEN ADDED SYRUP OR FLAVOR CONSISTING OF WHOLESOME INGREDIENTS. F. (1) BUTTERMILK. BUTTERMILK IS A PRODUCT RESULT- ING FROM THE CHURNING OF MILK OR CREAM, OR FROM THE SOURING OR TREATMENT BY A LACTIC ACID OR OTHER CULTURE OF MILK, SKIMMED MILK, RECONSTITUTED SKIMMED ' MILK,- EVAPORATED OR CONDENSED MILK OR SKIMMED MILK POWDER. IT CONTAINS NOT LESS THAN S PERCENT OF MILK SOLIDS NOT FAT. (2) CULTURED BUTTERMILK. CULTURED BUTTERMILK IS A FLUID PRODUCT RESULTING FROM THE SOURING OR TREAT - MENT, BY A LACTIC ACID OR OTHER CULTURE, OF PASTEURIZED SKIM MILK OR PASTEURIZED RECONSTITUTED SKIM MILK. IT CONTAINS NOT LESS THAN 8-1/4 PERCENT OF MILK SOLIDS NOT FAT. G. VITAMIN D MILK. VITAMIN D MILK IS MILK THE VITAMIN D CONTENT OF WHICH HAS BEEN INCREASED BY A METHOD AND IN AN AMOUNT APPROVED BY THE HEALTH OFFICER. H. RECONSTITUTED OR RECOMBINED MILK AND CREAM. RE- CONSTITUTED OR RECOMBINED MILK IS A PRODUCT RESULTING FROM THE RECOMBINING OF MILK CONSTITUENTS WITH WATER, AND WHICH COMPLIES WITH THE STANDARDS FOR MILK FAT AND SOLIDS NOT FAT OF MILK AS DEFINED HEREIN. RE- CONSTITUTED OR RECOMBINED CREAM IS A PRODUCT RESULTING FROM THE COMBINATION OF DRIED CREAM, BUTTER, OR BUTTER FAT WITH CREAM, MILK, SKIMMED MILK OR WATER. 1. GOAT MILK. GOAT MILK IS THE LACTEAL SECRETION, FREE FROM COLOSTRUM, OBTAINED BY THE COMPLETE MILKING OF HEALTH GOATS, AND SHALL COMPLY WITH ALL THE REQUIRE- MENTS OF THIS ORDINANCE. THE WORD "COWS" SHALL BE INTERPRETED TO INCLUDE GOATS. J. HOMOGENIZED MILK. HOMOGENIZED MILK IS MILK WHICH HAS BEEN TREATED IN SUCH MANNER AS TO INSURE BREAK -UP OF THE FAT GLOBULES TO SUCH AN EXTENT THAT AFTER 48 HOURS OF QUIESCENT STORAGE NO VISIBLE CREAM SEPARATION OCCURS ON THE MILK AND THE FAT PERCENTAGE OF THE TOP 100 MILLILITERS OF MILK IN A QUART BOTTLE, OR OF PROPORTIONATE VOLUME IN CONTAINERS OF OTHER SIZES, DOES NOT DIFFER BY MORE THAN 10 PERCENT OF ITSELF FROM THE FAT PERCENTAGE OF THE REMAINING MILK AS DETERMINED AFTER THOROUGH MIXING. K. (1) MILK PRODUCTS. MILK PRODUCTS SHALL BE TAKEN TO MEAN AND INCLUDE CREAM, SOUR CREAM, HOMOGENIZED MILK, GOAT MILK, VITAMIN D MILK, BUTTERMILK, SKIMMED MILK, RECONSTITUTED OR RECOMBINED MILK AND CREAM, MILK BEVERAGES, SKIMMED MILK SEVERAGESI AND ANY OTHER PRODUCT MADE BY THE ADDITION OF ANY SUBSTANCE TO MILK OR ANY OF THESE PRODUCTS AND USED FOR SIMILAR PURPOSES AND DESIGNATED AS A MILK PRODUCT BY THE HEALTH OFFICER. -9- (2) COTTAGE CHEESE. COTTAGE CHEESE IS THE SOFT UNCURED CHEESE PREPARED FROM THE CURD OBTAINED BY ADDING HARMLESS LACTIC ACID PRODUCING BACTERIA, WITH OR WITHOUT ENZYMATIC ACTION, TO PASTEURIZED SKIM MILK OR PASTEURIZED RECONSTITUTED SKIM MILK MADE FROM CONCENTRATED SKIM MILK OR NONFAT DRY MILK SOLIDS. IT CONTAINS NOT MORE THAN SO PERCENT MOISTURE. L. PASTEURIZATION. THE TERMS "PASTEURIZATION ", °PASTEURIZ- EAND SIMILAR TERMS SHALL BE TAKEN TO REFER TO THE PROCESS OF HEATING EVERY PARTICLE OF MILK OR MILK PRODUCTS TO AT LEAST 143 DEGREES F. AND HOLDING AT SUCH TEMPERATURE FOR AT LEAST 30 MINUTES, OR TO AT LEAST 160 DEGREES F. AND HOLDING AT SUCH TEMPERATURE FOR AT LEAST 15 SECONDS, IN APPROVED AND PROPERLY OPERATED EQUIPMENT; AS APPROVED AND DIRECTED BY THE STATE HEALTH OFFICER. PROVIDED, THAT NOTHING CONTAINED IN THIS DEFINITION SHALL BE CONSTRUED AS DISBARRING ANY OTHER PROCESS WHICH HAS BEEN DEMONSTRATED TO BE EQUALLY EFFICIENT AND IS APPROVED BY THE STATE AUTHORITY. M. ADULTERATED MILK AND MILK PRODUCTS. ANY MILK OR MILK PRODUCT WHICH CONTAINS ANY UNWHOLESOME SUBSTANCE, OF WHICH IF DEFINED, IN THIS ORDINANCE, DOES NOT CON- ' FORM WITH ITS DEFINITION, OR WHICH CARRIES A GRADE - LABEL UNLESS SUCH LABEL HAS BEEN AWARDED BY THE HEALTH OFFICER AND NOT REVOKED, SHALL BE DEEMED ADULTERATED AND MISBRANDED. N. MILK PRODUCER. A MILK PRODUCER IS ANY PERSON WHO OWNS OR CONTROLS ONE OR MORE COWS A PART OR ALL OF THE MILK OR MILK PRODUCTS FROM WHICH 15 SOLD OR OFFERED FOR SALE. 0. MILK DISTRIBUTOR. A MILK DISTRIBUTOR IS ANY PERSON _ WHO OFFERS FOR SALE OR SELLS TO ANOTHER ANY MILK OR MILK PRODUCTS FOR HUMAN CONSUMPTION AS SUCH. P. DAIRY OR DAIRY FARM. A DAIRY OR DAIRY FARM 15 ANY PLACE OR PREMISES WHEREONE OR MORE COWS ARE KEPT, A - PART OR ALL OF THE MILK OR MILK PRODUCTS FROM WHICH IS SOLD OR OFFERED FOR SALE. Q. MILK PLANT. A MILK PLANT IS ANY PLACE OR PREMISES OR ESTABLISHMENT WHERE MILK OR MILK PRODUCTS ARE COLLECTED, HANDLED, PROCESSED, STORED, BOTTLED, PASTEURIZED, OR PREPARED FOR DISTRIBUTION. R. HEALTH OFFICER. THE TERM "HEALTH OFFICER' SHALL MEAN THE HEALTH AUTHORITY OF THE CITY OF CORPUS CHRISTI, TEXAS, OR HIS AUTHORIZED REPRESENTATIVE. S. AVERAGE BACTERIALI 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 LOGARITHMIC AVERAGE, AND AVERAGE REDUCTION TIME AND AVERAGE COOLING TEMPERA- TURE SHALL BE TAKEN TO MEAN THE ARITHMETIC AVERAGE, OF THE RESPECTIVE RESULTS OF THE LAST FOUR CONSECUTIVE SAMPLES, TAKEN UPON SEPARATE DAYS, IRRESPECTIVE OF THE DATE OF GRADING OR REGRADING. -3- T. GRADING PERIOD. THE GRADING PERIOD SHALL BE SUCH PERIOD OF TIME AS THE HEALTH OFFICER MAY DESIGNATE WITHIN WHICH GRADES SHALL BE DETERMINED FOR ALL MILK AND MILK PRODUCTS, PROVIDED THAT THE GRADING PERIOD SHALL IN NO CASE EXCEED 6 MONTHS. U. PERSON. THE WORD "PERSON" AS USED IN THIS ORDI- NANCE SHALL MEAN "PERSON, FIRM, CORPORATION, OR ASSOCIATION." V. AND OR. WHERE THE TERM "AND /OR" IS USED "AND" SHALL APPLY WHERE POSSIBLE, OTHERWISE "OR" SHALL APPLY. SECTION 2. THAT SECTION 9 OF SAID ORDINANCE NO. 1491 BE AMENDED SO AS TO HEREAFTER READ AS FOLLOWS: SECTION 9. SUPPLEMENTARY GRADING PRESCRIBED AND REGRADING AUTHORIZED. IF, AT ANY TIME BETWEEN THE REGULAR ANNOUNCE- MENTS OF THE GRADES OF MILK OR MILK PRODUCTS, A LOWER GRADE SHALL BECOME JUSTIFIED, IN ACCORDANCE WITH SECTIONS 5, 6, AND 7 OF THIS ORDINANCE, THE HEALTH OFFICER SHALL IMMEDIATELY LOWER THE GRADE OF SUCH MILK OR MILK PRODUCTS, AND SHALL ENFORCE PROPER LABELING AND PLACARDING THEREOF. ANY PRODUCER OR DISTRIBUTOR OF MILK OR MILK PRODUCTS THE GRADE OF WHICH HAS BEEN LOWERED BY THE HEALTH OFFICER, AND WHO IS PROPERLY LABELING HIS MILK AND MILK PRODUCTS, MAY AT ANY TIME MAKE APPLICATION FOR THE REGRADING OF HIS PRODUCT. UPON RECEIPT OF A SATISFACTORY APPLICATION, IN CASE THE LOWERED GRADE IS THE RESULT OF AN EXCESSIVE AVERAGE BACTERIAL PLATE COUNT, DIRECT MICROSCOPIC COUNT, REDUC- TION TIME, OR COOLING TERPERATURE, THE HEALTH OFFICER SHALL TAKE FURTHER SAMPLES OF THE APPLICANT'S OUTPUT, AT A RATE OF NOT MORE THAN TWO SAMPLES PER WEEK. THE HEALTH OFFICER MAY REGRADE THE MILK OR MILK PRODUCTS UPWARD WHENEVER THE AVERAGE OF THE LAST FOUR (4) SAMPLE RESULTS INDICATES THE NECESSARY QUALITY. IN CASE THE LOWERED GRADE OF THE APPLICANT'S PRODUCT IS DUE TO A VIOLATION OF AN ITEM OF THE SPECIFICATIONS PRESCRIBED IN SECTION 7, OTHER THAN AVERAGE BACTERIAL PLATE COUNT, DIRECT MICROSCOPIC COUNT, REDUCTION TIME, OR COOLING TEMPERATURE, THE SAID APPLICATION MUST BE ACCOMPANIED BY A STATEMENT SIGNED BY THE APPLICANT TO THE EFFECT THAT THE VIOLATED ITEM OF THE SPECIFICATIONS HAS BEEN CONFORMED WITH. WITHIN ONE (1) WEEK OF THE RECEIPT OF SUCH AN APPLICATION AND STATEMENTS THE HEALTH OFFICER SHALL MAKE A REINSPECTION OF THE APPLICANT'S ESTABLISHMENT, AND THEREAFTER AS MANY ADDITIONAL REIN - SPECTIONS AS HE MAY DEEM NECESSARY TO ASSURE HIMSELF THAT THE APPLICANT IS AGAIN COMPLYING WITH THE HIGHER GRADE REQUIREMENTS, AND, IN CASE THE FINDINGS JUSTIFY, MAY REGRADE THE MILK OR MILK PRODUCTS UPWARD. SECTION 3. THAT EXCEPT AS CHANGED HEREBY AND AS LEGALLY AMENDED , HERETOFORE BY ORDINANCE DULY PASSED AND APPROVED BY THE CITY COUNCIL OF CORPUS CHRISTI TEXAS, THE SAID ORDINANCE NO. 1491 SHALL REMAIN IN FULL FORCE AND EFFECT. A- 11 +SECTION 4. THE PUBLIC IMPORTANCE OF THIS ORDINANCE, AND THE FACT THAT THE MILK PRODUCERS OF THE CORPUS CHRISTI MILK SHED ARE UNDULY PENALIZED BY A LONGER PERIOD OF DEGRADING THAN IN FORCE IN OTHER PARTS OF TEXAS AND THE FURTHER FACT THAT THE PUBLIC HEALTH AND WELFARE DEMANDS THE ADDITION OF ADDITIONAL MILK PRODUCTS CREATES A PUBLIC EMERGENCY AND A PUBLIC IMPERATIVE NECESSITY, REQUIRING THE SUSPENSION OF THE CHARTER RULE PROVIDING THAT NO ORDINANCE OR RESOLUTION SHALL BE PASSED FINALLY ON THE DATE IT IS INTRODUCED AND THAT SUCH ORDINANCE OR RESOLUTION SHALL BE READ AT THREE SEVERAL MEETINGS OF THE CITY COUNCIL, AND THE MAYOR HAVING DECLARED THAT SUCH PUBLIC EMERGENCY AND IMPERATIVE NECESSITY EXISTS, AND REQUESTS THAT SAID CHARTER RULE BE SUSPENDED, AND THAT THIS ORDINANCE TAKE EFFECT AND BE IN FORCE AND EFFECT FROM AND AFTER ITS PASSAGE, IT IS ACCORDINGLY SO ORDAINED. PASSED'AND APPROVED, THIS THE DAY OF MARCH, A.D. 1952. MA OR CITY OF CORPUS CHRISTI, TEXAS WEST: CITY ECR ETARY APP OVED AS TP LEGAL FORM: CITY ATTORNEY Corpus Christi, Texas TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas Gentlemens For the reasons set forth in the emergency clause of the fore- going ordinance, a public emergency and imperative necessity exist for the suspension of the Charter rule or requirement that no ordinance or resolution shall be passed finally on the date it is introduced, and that such ordinance or resolution shall be read at.three meetings of the City Council; I, therefore, hereby request that you suspend said Charter rule or requirement and pass this ordinance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, �IULl MAYOR City of Corpus Christi, Texas The Charter rule was suspended by the following votes Leslie Wasserman Jack DeForrest Frank E. Williamson Sydney E. Herndon George L. Lowman The above ordinance was passed by the following vote: Leslie Wasserman 44—// Jack DeForrest G(�v Frank E. Williamson Sydney E. Herndon George L. Lowman ""7! 3a�q