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.
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(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.
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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-
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+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!
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