HomeMy WebLinkAbout04004 ORD - 12/22/1954AN ORDINANCE
DEFINING "MILK" AND CERTAIN "MILK PRODUCTS",-MILK PRODUCER ", "PASTEURI-
ZATION", 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 PASTEURIZING
PLANTS AND PROVIDING FOR FEES TO BE PAID FOR SUCH INSPECTIONS BY MILK
PASTEURIZING PLANTS OR RETAIL RAW MILK DISTRIBUTING DAIRIES; PROVIDING
FOR THE EXAMINATION, GRADING, LABELING, PASTEURIZATION, REGRADING, DIS-
TRIBUTION AND SALE OF MILK AND MILK PRODUCTS; PROVIDING FOR THE PUBLISH-
ING OF MILK BRANDS, THE CONSTRUCTION OF FUTURE DAIRIES AND MILK PLANTS;
EXPRESSLY REPEALING IN THEIR ENTIRETY AN ORDINANCE NO. 1491 DATED
SEPTEMBER 1, 1942, RECORDED IN VOLUME 13, PAGE 129 OF THE ORDINANCE AND
RESOLUTION RECORDS, ORDINANCE NO. 2671 DATED DECEMBER 27, 1949, RECORDED
IN VOLUME 18, PAGE 88 OF THE ORDINANCE AND RESOLUTION RECORDS, AND
ORDINANCE NO. 3219 DATED MARCH 11, 1952, RECORDED IN VOLUME 20, PAGE
14 OF THE ORDINANCE AND RESOLUTION RECORDS, REPEALING ALL ORDINANCES IN
CONFLICT WITH THIS ORDINANCE; PROVIDING FOR THE ENFORCEMENT OF THIS
ORDINANCE, AND THE FIXING OF PENALTIES; AN') DECLARING AN EMERGENCY.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS:
F SECTION 1. DEFINITIONS
y THE FOLLOWING DEFINITIONS SHALL APPLY IN THE INTERPRETATION AND ENFORCEMENT OF
- ,°I( -r. THIS ORDINANCE:
:K 4*"% CAUTION - ANY MILK PRODUCT DEFINED HEREIN, SHIPPED OR OFFERED FOR SHIPMENT
IN INTERSTATE COMMERCE, MUST CONFORM WITH THE APPLICABLE, DETAILED STANDARDS OF
• IDENTITY UNDER THE FEDERAL FOOD, DRUG, AND COSMETIC ACT.
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A. MILK - MILK IS HEREBY DEFINED TO BE THE LACTEAL SECRETION, PRACTICALLY
I.
FREE FROM COLOSTRUM, OBTAINED BY THE COMPLETE MILKING OF ONE OR MORE HEALTHY COWS,
WHICH CONTAINS NOT LESS THAN 8 PERCENT MILK SOLIDS - NOT -FAT AND NOT LESS THAN 3 1/4
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PERCENT MILKFAT.
A -1 GOAT MILK - 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. MILKFAT - OR SUTTERFAT, IS THE FAT OF MILK.
B -1 CREAM - CREAM IS A PORTION OF MILK WHICH CONTAINS NOT LESS THAN 18
PERCENT MILK FAT.
B -2 SOUR CREAM - $OUR CREAM 15 CREAM THE ACIDITY OF WHICH IS MORE THAN
0.20 PERCENT, EXPRESSED AS LACTIC ACID.
B -3 LIGHT CREAM. COFFEE CREAM, OR TABLE CREAM - LIGHT CREAM, COFFEE CREAM
OR TABLE CREAM IS CREAM WHICH CONTAINS LESS THAN 30 PERCENT MILK FAT.
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B-4 WHIPPING CREAM - WHIPPING CREAM IS CREAM WHICH CONTAINS NOT LESS THAN
30 PERCENT MILKFAT.
B -5 LIGHT WHIPPING CREAM - LIGHT WHIPPING CREAM IS WHIPPING CREAM WHICH
CONTAINS LESS THAN 36 PERCENT MILKFAT.
B -6' HEAVY CREAM, OR HEAVY WHIPPING CREAM - HEAVY CREAM, OR HEAVY WHIPPING
CREAM, 15 WHIPPING CREAM WHICH CONTAINS NOT LESS THAN 36 PERCENT MILKFAT.
3-7 HALF u HALF - HALF AND HALF 15 A PRODUCT CONSISTING OF A MIXTURE OF
MILK AND CREAM WHICH CONTAINS NOT LESS THAN 11.5 PERCENT MILKFAT.
B -B RECONSTITUTED, OR RECOMBINED, HALF AND HALF - RECONSTITUTED, OR
RECOMBINED HALF AND HALF IS A PRODUCT RESULTING FROM THE COMBINATION OF RECONSTITUTED
MILK OR RECONSTITUTED SKIM MILK WITH CREAM OR RECONSTITUTED CREAM, WHICH CONTAINS
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NOT LESS' THAN 11.5 PERCENT MILKFAT.
B -9 WHIPPED CREAM - WHIPPED CREAM IS CREAM TO WHICH A HARMLESS GAS HAS
BEEN ADDED TO CAUSE WHIPPING OF THE PRODUCT. IT MAY ALSO CONTAIN SUGAR, OTHER HARMLESS
FLAVORINGS AND A HARMLESS STABILIZER.
C. CONCENTRATED MILK - CONCENTRATED MILK IS A FLUID PRODUCTS UNSTERILIZED
AND UNSWEETENED, RESULTING FROM THE REMOVAL OF A CONSIDERABLE PORTION OF THE WATER
FROM MILK. WHEN RECOMBINED WITH WATERS IN ACCORDANCE WITH INSTRUCTIONS PRINTED ON
THE CONTAINERS THE RESULTING PRODUCT CONFORMS WITH THE STANDARDS FOR MILKFAT AND
SOLIDS -NOT -FAT OF MILK AS DEFINED ABOVE.
C -I CONCENTRATED MILK PRODUCTS - CONCENTRATED MILK PRODUCTS SHALL BE TAKEN
TO MEAN AND TO INCLUDE HOMOGENIZED CONCENTRATED MILKS VITAMIN D CONCENTRATED MILKS
CONCENTRATED SKIM MILKS CONCENTRATED FLAVORED MILKS CONCENTRATED FLAVORED MILKS AND
SIMILAR CONCENTRATED PRODUCTS MADE FROM CONCENTRATED MILK OR CONCENTRATED SKIM MILKS
AS THE CASE MAY BE, AND WHICH, WHEN RECOMBINED WITH WATER IN ACCORDANCE WITH
INSTRUCTIONS PRINTED ON THE CONTAINER, CONFORM WITH THE DEFINITIONS OF THE CORRES-
PONDING MILK PRODUCTS IN THIS SECTION.
C -2 DRY MILK - DRY MILK IS MILK FROM WHICH AT LEAST 95 PERCENT OF THE
WATER HAS BEEN REMOVED.
D. SKIM MILK - SKIM MILK IS MILK FROM WHICH A SUFFICIENT PORTION OF MILKFAT
HAS BEEN REMOVED TO REDUCE ITS MILKFAT CONTENT TO LESS THAN 3 1/4 PERCENT.
D -1 NONFAT, FAT -FREE, OR DEFATTED MILK - NONFAT, FAT -FREE, OR DEFATTED MILK
IS SKIM MILK WHICH CONTAINS NOT MORE THAN 0.1 PERCENT MILKFAT.
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D -P SKIM - MILK SOLIDS - SKIM MILK SOLIDS SHALL BE DEEMED TO INCLUDE
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CONCENTRATED SKIM MILK AND NONFAT DRY -MILK SOLIDS.
D -3 NONFAT DRY -MILK SOLIDS - NONFAT DRY -MILK SOLIDS SHALL MEAN NONFAT
MILK FROM WHICH AT LEAST 95'PERCENT OF THE MILK HAS BEEN REMOVED.
E. FLAVORED MILK - FLAVORED MILK 15 A BEVERAGE OR CONFECTION CONSISTING
OF MILK TO WHICH HAS BEEN ADDED A SYRUP OR FLAVOR MADE FROM WHOLESOME INGREDIENTS.
E -1 FLAVORED DRINK, OR FLAVORED DAIRY DRINK - FLAVORED DRINK, OR FLAVORED
DAIRY DRINK IS A BEVERAGE OR CONFECTION CONSISTING OF SKIM MILK TO WHICH HAS BEEN
ADDED A SYRUP OR FLAVOR MADE FROM WHOLESOME INGREDIENTS.
E -Z FLAVORED RECONSTITUTED MILK - FLAVORED RECONSTITUTED MILK IS A FLAVORED
MILK MADE FROM RECONSTITUTED MILK.
E -3. FLAVORED RECONSTITUTED DRINK, OR FLAVORED RECONSTITUTED DAIRY DRINK
FLAVORED RECONSTITUTED DRINK, OR FLAVORED RECONSTITUTED DAIRY DRINK, IS A FLAVORED
DRINK MADE FROM RECONSTITUTED SKIM MILK.
F. BUTTERMILK - BUTTERMILK IS A FLUID PRODUCT RESULTING FROM THE CHURNING
OF MILK OR CREAM. IT CONTAINS NOT LESS THAN 8 1/4 PERCENT MILK SOLIDS- NOT -FAT., —___,_
F -I CULTURED BUTTERMILK - CULTURED BUTTERMILK IS A FLUID PRODUCT RESULTING
FROM THE SOURING OR TREATMENT 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 MILK SOLIDS -NOT -FAT.
F -Z CULTURED MILK - CULTURED MILK IS A FLUID OR SEMIFLUID PRODUCT RE-
SULTING FROM THE SOURING OR TREATMENT, BY A LACTIC ACID OR OTHER CULTURE, OF
PASTEURIZED MILK, PASTEURIZED RECONSTITUTED MILK, OR PASTEURIZED CONCENTRATED MILK.
IT CONTAINS NOT LESS THAN 8 1/4 PERCENT MILK SOLIDS - NOT -FAT AND NOT LESS THAN 3 1/4
PERCENT MILKFAT. CULTURED BUTTERMILK AND CULTURED MILK ARE CULTURED PRODUCTS, THE .�
PHYSICAL, CHEMICAL AND BIOLOGICAL CHARACTERISTICS OF WHICH DIFFER FROM THOSE OF MILK.
THEIR MANUFACTURE FROM RECONSTITUTED SKIM MILK AND RECONSTITUTED MILK, RESPECTIVELY, IS,
THEREFORE, PERMITTED UNDER THIS ORDINANCE, AS IN THE CASE OF COTTAGE CHEESE AND CREAMED
COTTAGE CHEESE. FOR PROPER LABELING OF CULTURED BUTTERMILK AND CULTURED MILK, SEE '
SECTION 4, CONTENTS LABELING.
G. VITAMIN D. MILK - VITAMIN D. MILK IS MILK THE VITAMIN D CONTENT OF WHICH
HAS BEEN INCREASED BY AN APPROVED METHOD TO AT LEAST 400 U.S.P. UNITS PER QUART.
H. RECONSTITUTED OR RECOMBINED MILK - RECONSTITUTE, OR RECOMBINED, MILK IS
A PRODUCT WHICH RESULTS FROM THE RECONB INING OF MILK CONSTITUENTS, WITH WATER, AND
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WHICH COMPLIES WITH THE STANDARDS FOR MILKFAT AND SOLIDS- NOT -PAT OF MILK AS
DEFINED HEREIN.
H -I RECONSTITUTED, OR RECOMBINED, CREAN - RECONSTITUTED, OR RECOMBINED,
CREAM 15 A PRODUCT WHICH RESULTS FROM THE COMBINATION OF DRY CREAM, BUTTER OR MILKFAT
WITH CREAM, MILK, SKIM MILK, OR WATER, AND WHICH COMPLIES WITH THE MILKFAT STANDARDS
OF CREAM AS DEFINED HEREIN.
H -Z RECONSTITUTED OR RECOMBINED, SKIM MILK - RECONSTITUTED, OR RECOMBINED,
SKIM MILK IS A PRODUCT WHICH RESULTS FROM THE RECOMBINING OF SKIM MILK CONSTITUENTS
WITH WATER, AND WHICH CONTAINS NOT LESS THAN S to PERCENT MILK SOLIDS -NOT -FAT.
1. 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. IT
CONTAINS NOT MORE THAN 8O PERCENT MOISTURE.
J. HOMOGENIZED MILK - HOMOGENIZED MILK IS MILK WHICH HAS BEEN TREATED IN SUCH A
MANNER AS TO INSURE BREAK -UP OF THE FAT GLOBULES TO SUCH AN EXTENT THAT, AFTER 118 HOURS
OF QUIESCENT STORAGE, NO VISIBLE CREAM SEPARATION OCCURS ON THE MILK, AND THE FAT
PERCENTAGE OF THE TOP 10O MILLILITERS OF MILK IN A QUART BOTTLE, OR OF PROPORTIONATE
VOLUMES 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. THE
WORD "MILK" SHALL BE INTERPRETED TO INCLUDE HOMOGENIZED MILK.
K.MILK PRODUCTS - MILK PRODUCTS SHALL RE TAKEN TO MEAN AND TO INCLUDE CREAM,
SOUR CREAM, HALF AND HALF, RECONSTITUTED HALF AND HALF, WHIPPED CREAM, CONCENTRATED
MILK, CONCENTRATED MILK PRODUCTS, SKIM MILK, NONFAT MILK, FLAVORED MILK, FLAVORED DRINK,
FLAVORED RECONSTITUTED MILK, FLAVORED RECONSTITUTED DRINK, BUTTERMILK, CULTURED BUTTER-
MILK, CULTURED MILK, VITAMIN D MILK, RECONSTITUTED OR RECOMBINED MILK, RECONSTITUTED
CREAM, RECONSTITUTED SKIM MILK, COTTAGE CHEESE, CREAMED CHEESE, AND ANY OTHER PRODUCT
MADE BY THE ADDITION OF ANY SUBSTANCE TO MILK, OR TO ANY OF THESE MILK PRODUCTS, AND
USED FOR SIMILAR PURPOSES, AND DESIGNATED AS A MILK PRODUCT BY THE HEALTH OFFICER.
L. PASTEURIZATION -THE TERMS "PASTEURIZATION," "PASTEURIZED," AND SIMILAR
TERMS SHALL BE TAKEN TO REFER TO THE PROCESS OF HEATING EVERY PARTICLE OF MILK OR MILK
PRODUCTS TO AT LEAST 143° F., AND HOLDING IT AT SUCH TEMPERATURE CONTINUOUSLY FOR AT
LEAST 30 MINUTES, OR TO AT LEAST 161° F., AND HOLDING IT AT SUCH TERMPERATURE CONTIN-
UOUSLY FOR AT LEAST 15 SECONDS, IN APPROVED AND PROPERLY OPERATED EQUIPMENT: PROVIDED,
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THAT NOTHING CONTAINED IN THIS DEFINITION SHALL BE CONSTRUED AS BARRING ANY OTHER
Ynr•� -•W PROCESS'WHICH CHAS' BEEN' DEMONSTRATED'TO -BE -EQUALLY EFFI'CI ENT- AND = WH I CH' I S'."APPROVED= BY- ,�. «- «+"++++- ..•w. -•.+••
THE STATE HEALTH AUTHORITY.
M. ADULTERATED AND MISBRANDED MILK AND MILK PRODUCTS —ANY MILK OR CREAM TO
WHICH WATER WAS BEEN ADDED, OR ANY MILK OR MILK PRODUCT WHICH CONTAINS ANY UNWHOLESOME
SUBSTANCE, OR WHICH IF DEFINED IN THIS ORDINANCE DOES NOT CONFORM WITH ITS DEFINITION,
SHALL BE DEEMED TO BE ADULTERATED. ANY MILKt OR MILK PRODUCT CARRIES A GRADE LABEL, �+
UNLESS SUCH GRADE LABEL HAS BEEN AWARDED BY THE HEALTH OFFICER AND NOT REVGKED, OR
WHICH FAILS TO CONFORM IN ANY OTHER RESPECT WITH THE STATEMENTS ON THE LABEL, SHALL
BE DEEMED TO BE 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 IS SOLD, OR OFFERED
FOR SALE.
O. 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.
0-1 PRODUCER - DISTRIBUTOR —A PRODUCER - DISTRIBUTOR IS A MILK PRODUCER WHO IS
ALSO A MILK DISTRIBUTOR.
P. DAIRY, OR DAIRY FARM —A DAIRY, OR DAIRY FARM, IS ANY PLACE OR PREMISES
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.
P -1 PRODUCER DAIRY -A PRODUCER DAIRY 15 A DAIRY FARM WHICH SENDS MILK OR
CREAM TO A MILK PLANT FOR PROCESSING.
P —Z MILK HAULER —A MILK HAULER IS ANY PERSON, OTHER THAN A MILK PRODUCER OP.
A MILK —PLANT EMPLOYEE, WHO TRANSPORTS MILK AND/OR MILK PRODUCTS TO OR FROM A MILK
« PLANT OR A COLLECTEN$ POINT.
Q. MILK PLANT -A MILK PLANT IS ANY PLACE, PREMISES, OR ESTABLISHMENT WHERE
MILK OR MILK PRODUCTS ARE COLLECTED, HANDLED, PROCESSED, STORED, PASTEURIZED, BOTTLED,
OR PREPARED FOR DISTRIBUTION, EXCEPT AN ESTABLISHMENT WHERE MILK OR MILK PRODUCTS ARE
SOLD AT RETAIL ONLY.
R. HEALTH OFFICER -THE TERM "HEALTH OFFICER" SHALL MEAN THE HEALTH AUTHORITY
OF THE MUNICIPALITY OF CORPUS CHRISTI OR HIS AUTHORIZED REPRESENTATIVES.
S. AVERAGE BACTERIAL PLATE COUNT. DIRECT MICROSCOPIC COUNT. AND COOLING
TEMPERATURE - AVERAGE BACTERIAL PLATE COUNT AND AVERAGE DIRECT MICROSCOPIC COUNT SHALL
BE TAKEN TO MEAN THE LOGARITHMIC AVERAGE, AND AVERAGE COOLING TERMPERATURE SHALL BE
TAKEN TO MEAN THE ARITHMETIC AVERAGE, OF THE RESPECTIVE TEST RESULTS OF THE LAST FOUR
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CONSECUTIVE SAMPLES, TAKEN UPON SEPARATE DAYS, IRRESPECTIVE OF THE 6 MONTH PERIOD
"�" "'� -R EPERRED TO`�I N'$ECTION 6"''�' •P6�"""` - -' "�"�`P'� -may "'� "
T. PERSON — THE WORD "PERSON" SHALL MEAN ANY INDIVIDUAL, PARTNERSHIP,
CORPORATION, COMPANY, FIRM, TRUSTEE, OR ASSOCIATION.
U. AND OR — WHERE THE TERM "AND/OR" IS USED, "AND" SHALL APPLY WHERE
POSSIBLE, OTHERWISE "OR" SHALL APPLY.
SECTION 2. THE SALE OF ADULTERATED, MISBRANDED, OR UNGRADED
MILK, OR MILK PRODUCTS PROHIBITED
NO PERSON SHALL, WITHIN THE MUNICIPALITY OF CORPUS CHRISTI, OR ITS POLICE
JURISDICTION, PRODUCE, SELL, OFFER OR EXPOSE FOR SALE, OR HAVE IN POSSESSION WITH INTENT
TO SELL, ANY MILK OR MILK PRODUCT WHICH IS ADULTERATED, MISBRANDED, OR UNGRADED. IT
SHALL BE UNLAWFUL FOR ANY PERSON, ELSEWHERE THAN IN A PRIVATE HOME, TO HAVE IN POSSESSION
ANY ADULTERATED, MISBRANDED, OR UNGRADED MILK OR MILK PRODUCT: PROVIDED, THAT IN AN
EMERGENCY THE SALE OF UNGRADED PASTEURIZED MILK OR PASTEURIZED MILK PRODUCTS MAY BE
AUTHORIZED BY THE HEALTH OFFICER, UPON THEAPPROVAL OF THE STATE HEALTH AUTHORITY, IN
A
WHICH CASE THEY SHALL BE LABELED "UNGRADED ".
ANY ADULTERATED, MISBRANDED, AND/OR IMPROPERLY LABELED MILK OR MILK PRODUCT
MAY BE IMPOUNDED BY THE HEALTH OFFICER AND DISPOSED OF IN ACCORDANCE WITH STATE LAW.
SECTION j. PERMITS
IT SHALL BE UNLAWFUL FOR ANY PERSON TO BRING INTO, SEND INTO, OR RECEIVE
INTO THE MUNICIPALITY OF CORPUS CHRISTI, OR ITS POLICE JURISDICTION, FOR SALE OR TO
SELL, OR OFFER FOR SALE THEREIN, OR TO HAVE IN STORAGE WHERE MILK OR MILK PRODUCTS ARE
SOLD OR SERVED, ANY MILK OR MILK PRODUCTS DEFINED IN THIS ORDINANCE, WHO DOES NOT
POSSESS A PERMIT FROM THE HEALTH OFFICER OF THE MUNICIPALITY OF CORPUS CHRISTI, TEXAS.
EVERY MILK PRODUCER, MILK HAULER, MILK DISTRIBUTOR, AND OPERATOR OF A MILK
PLANT SHALL SECURE A PERMIT. ONLY A PERSON WHO COMPLIES WITH THE REQUIREMENTS OF THIS
ORDINANCE SHALL BE ENTITLED TO RECEIVE AND RETAIN SUCH A PERMIT.e PERMITS SHALL NOT BE
TRANSFERABLE WITH RESPECT TO PERSONS AND/OR LOCATIONS.
SECTION 4. LABELING
• ALL BOTTLES, CANS, PACKAGES AND OTHER CONTAINERS ENCLOSING MILK OR ANY MILK
PRODUCT DEFINED IN SECTION 1 OF THIS ORDINANCE SHALL BE PLAINLY LABELED OR MARKED
WITH (1) THE NAME OF THE CONTENTS AS GIVEN IN THE DEFINITIONS IN THIS ORDINANCE" •
(2) THE WORD "RECONSTITUTED" OR "RECOMBINED" IF INCLUDED IM THE NAME OF THE PRODUCT
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AS GIVEN IN THE DEFINITION; (3) THE GRADE OF THE CONTENTS; (4) THE WORD "PASTEURIZED"
ONLY IF THE CONTENTS HAVE BEEN PASTEURIZED; (5) THE WORD "RAW" ONLY IF THE CONTENTS
ARE RAW; (6) THE PHRASE "FOR PASTEURIZATION" IF THE CONTENTS ARE TO BE PASTEURIZED;
(7)THE NAME OF THE PRODUCER IF THE CONTENTS ARE RAM, AND THE IDENTITY OF THE PLANT AT "
WHICH THE CONTENTS VERE PASTEURIZED IF THE CONTENTS ARE PASTEURIZED; (S) IN THE CASE OF
VITAMIN D MILK OR MILK PRODUCTS, THE DESIGNATION "VITAM D ", THE SOURCE OF THE VITAMIN
D, AND THE NUMBER OF U.S.P. UNITS PER QUART;, (9) IN THE CASE OF CONCENTRATED MILK OR
MILK PRODUCTS, THE VOLUME OR PROPORTION OF WATER TO BE ADDED FOR RECOMBINING; AND
(10) THE WORDS "SKIM -MILK SOLIDS ADDED ", AND THE PERCENTAGE ADDED, IF SUCH SOLIDS HAVE
BEEN ADDED, EXCEPT THAT THIS REQUIREMENT SHALL NOT APPLY TO RECONSTITUTED OR RECOM-
BINED MILK OR MILK PRODUCTS: PROVIDED, THAT ONLY THE IDENTITY OF THE PRODUCER DAIRY
SHALL BE REQUIRED ON CANS DELIVERED TO A MILK PLANT WHICH RECEIVED ONLY ONE GRADE OF
RAW MILK FOR PASTEURIZATION AND WHICH IMMEDIATELY DUMPS, WASHES, AND RETURNS THE CANS
TO THE PRODUCER DAIRY.
THE LABEL, OR MARK, SHALL BE IN LETTERS OFAN APPROVED SIZE, KIND AND COLOR,
AND SHALL CONTAIN NO MARKS OR WORDS WHICH ARE MISLEADING.
HOMOGENIZED MILK OR HOMOGENIZED CREAM SHALL NOT BE MIXED WITH MILK, SKIM MILK,
OR CREAM WHICH HAS NOT-BEEN HOMOGENIZED, UNLESS THE PRODUCT IS LABELED "HOMOGENIZED" AND
CONFORMS WITH THE STANDARDS FOR HOMOGENIZATION IN SECTION I (J).
SECTION 5- INSPECTION OF DAIRY FARMS AND MILK PLANTS
PRIOR TO THE ISSUANCE OF A PERMIT, AND AT LEAST ONCE EVERY SIX MONTHS THERE-
AFTER, THE HEALTH OFFICER SHALL INSPECT ALL DAIRY FARMS AND ALL MILK PLANTS WHOSE MILK
OR MILK PRODUCTS ARE INTENDED FOR CONSUMPTION WITHIN THE MUNICIPALITY OF CORPUS CHRISTI,
OR ITS POLICE JURISDICTION. IF THE HEALTH OFFICER SHOULD DISCOVER THE VIOLATION OF ANY
REQUIREMENT, HE SHALL MAKE A SECOND INSPECTION AFTER A LAPSE OF SUCH TIME AS HE MAY DEEM
NECESSARY FOR THE DEFECT TO BE REMEDIED, BUT NOT BEFORE THE LAPSE OF 3 DAYS; AND THE
SECOND INSPECTION SHALL BE USED IN DETERMINING COMPLIANCE WITH THE REQUIREMENTS OF SECTION
7 OF THIS ORDINANCE. ANY VIOLATION OF THE SAME REQUIREMENT OF THIS ORDINANCE ON SUCH RE-
INSPECTION SHALL CALL FOR IMMEDIATE (DEGRADING) SUSPENSION OF PERMIT, AND /OR COURT ACTION.
ONE COPY OF THE INSPECTION REPORT SHALL BE POSTED BY THE HEALTH OFFICER
IN A CONSCIPUOUS PLACE UPON AN INSIDE WALL OF THE MILK HOUSE OR MILK PLANT, AND
SAID INSPECTION REPORT SHALL NOT BE DEFACED OR REMOVED BY ANY PERSON EXCEPT THE
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HEALTH OFFICER. ANOTHER COPY OF THE INSPECTION REPORT SHALL BE FILED WITH THE RECORDS Y
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OF F THE HEALTH DEPARTMENT.
EVERY MILK PRODUCER AND DISTRIBUTOR SHALL, UPON REQUEST OF THE HEALTH OFFICERS
PERMIT HIM ACCESS TO ALL PARTS OF THE ESTABLISHMENT; AND EVERY DISTRIBUTOR SHALL FURNISH
THE HEALTH OFFICERS UPON HIS REQUESTS FOR OFFICIAL USE ONLY, A TRUE STATEMENT OF THE
ACTUAL QUANTITIES OF MILK AND MILK PRODUCTS OF EACH GRADE PURCHASED AND SOLD, TOGETHER
WITH A LIST OF ALL SOURCE OF SUCH MILK AND MILKPRODUCTS, RECORDS OF INSPECTIONS AND
TESTS, AND PASTEURIZATION TIME AND TEMPERATURE RECORDS.
SECTION 6. THE EXAMINATION OF MILK AND MILK PRODUCTS
DURING EACH 6 MONTH PERIOD, AT LEAST FOUR SAMPLES OF MILK AND CREAM FROM EACH
DAIRY FARM, AND AT LEAST FOUR SAMPLES BE MILK, CREAM, AND HOMOGENIZED MILK FROM EACH
MILK PLANT, SHALL BE TAKEN ON SEPARATE DAYS AND EXAMINED BY THE HEALTH OFFICER; PROVIDED,
THAT IN THE CASE Of RAW MILK FOR PASTEURIZATION, THE HEALTH OFFICER MAY ACCEPT THE TEST
RESULTS OF LABORATORIES WHICH HE HAS CHECKED PERIODICALLY AND FOUND SATISFACTORY. SAMPLES
OF OTHER MILK PRODUCTS SHALL BE TAKEN AND EXAMINED BYjTHE HEALTH OFFICER AT LEAST ONCE
DURINGJEACH 6 MONTH PERIOD.- SAMPLES MAY BE TAKEN AT ANY TIME PRIOR TO THE FINAL DELIVERY
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OF THE MILK OR MILK PRODUCTS. SAMPLES OF MILK AND MILK PRODUCTS FROM STORES, CAFES, SODA
FOUNTAINS, RESTAURANTS, AND OTHER PLACES WHERE MILK OR MILK PRODUCTS ARE SOLD SHALL BE
EXAMINED AS OFTEN AS THE HEALTH OFFICER MAY REQUIRE. ALL PROPRIETORS OF SUCH PLACES
SHALL FURNISH THE HEALTH OFFICER, UPON HIS REQUEST, WITH THE NAMES OF ALL DISTRIBUTORS
FROM WHOM THEIR MILK AND MILK PRODUCTS ARE OBTAINED. BACTERIAL PLATE COUNTS, DIRECT
MICROSCOPIC COUNTSS COLIFORM DETERMINATIONSS PHOSPHATASE TESTS, EFFICIENCY OF BACTERICIDAL
TREATMENTS AND OTHER LABORATORY AND SCREENING TESTS SHALL CONFORM TO THE PROCEDURES IN THE
LATEST EDITION OF "STANDARD METHODS FOR THE EXAMINATION OF DAIRY PRODUCTS" RECOMMENDED
BY THE AMERICAN'PUBLIC HEALTH ASSOCIATION, CURRENT AT THE TIME OF ADOPTION OF THIS
ORDINANCE. EXAMINATIONS MAY INCLUDE SUCH OTHER CHEMICAL AND PHYSICAL DETERMINATIONS AS
THE HEALTH OFFICER MAY DEEM NECESSARY FOR THE DETECTION OF ADULTERATION. BIO -AS —SAYS OF THE
VITAMIN D CONTENT OF VITAMIN D MILK AND MILK PRODUCTS SHALL BE MADE WHEN REQUIRED BY THE
HEALTH OFFICER IN A LABORATORY APPROVED BY HIM FOR SUCH EXAMINATIONS.
WHENEVER THE AVERAGE BACTERIAL COUNT OR THE AVERAGE COOLING TERMPERATURE OF THE
LAST FOUR CONSECUTIVE SAMPLES, TAKEN ON SEPARATE DAYS, IS BEYOND THE LIMIT FOR THE GRADE
THEN HELD, THE HEALTH OFFICER SHALL SEND WRITTEN NOTICE THEREOF TO THE PERSON CONCERNED,
AND SHALL TAKE AN ADDITIONAL SAMPLE, BUT NOT BEFORE THE LAPSE OF 3 DAYS, FOR DETERMINING
A NEW AVERAGE IN ACCORDANCE WITH SECTION 1 (S). VIOLATION OF THE GRADE REQUIREMENTS
9:11
BY THE NEW AVERAGE, OR BY ANY SUBSEQUENT AVERAGE DURING THE REMAINDER OF THE CURRENT
` 6 MONTH PERIOD, SHALL CALL FOR IMMEDIATE (DEGRADING) SUSPENSION OF PERMIT, AND/OR COURT
ACTION, UNLESS THE LAST INDIVIDUAL RESULT IS WITHIN THE GRADE LIMIT.
' WHENEVER MORE THAN ONE OF THE LAST FOUR CONSECUTIVE COLIFORM COUNTS OF SAMPLES
TAKEN ON SEPARATE DAYS ARE BEYOND THE LIMIT FOR THE GRADE THEN HELD, THE HEALTH OFFICER
SHALL SEND WRITTEN NOTICE THEREOF TO THE PERSON CONCERNED. HE SHALL THEN TAKE AN
ADDITIONAL SAMPLE, BUT NOT BEFORE THE LAPSE OF 3 DAYS. IMMEDIATE (DEGRADING), SUS-
PENSION OF PERMIT, AND/OR COURT ACTION SHALL BE CALLED FOR WHEN THE GRADE LIMIT IS
VIOLATED BY SUCH ADDITIONAL SAMPLES, OR WHEN THE GRADE LIMIT IS AGAIN VIOLATED DURING
THE REMAINDER OF THE CURRENT 6 MONTH PERIOD BY MORE THAN ONE OF THE LAST FOUR CONSECUTIVE
SAMPLES, UNLESS THE LAST INDIVIDUAL RESULT IS WITHIN THE GRADE LIMIT. IN CASE OF
VIOLATION OF THE PHOSPHATASE -TEST REQUIREMENT, THE PROBABLE CAUSE SHALL BE DETERMINED AND
CORRECTED BEFORE MILK OR MILK PRODUCTS FROM THE PLANT CONCERNED AGAIN CAN BE SOLD AS
PASTEURIZED MILK OR MILK PRODUCTS.
SECTION 7. THE GRADING OF MK AND MILK PRODUCTS
(AT LEAST ONCE EVERY 6 MONTHS THE HEALTH OFFICER SHALL ANNOUNCE -THE GRADES
OF ALL MILK AND MILK PRODUCTS DELIVERED BY ALL DISTRIBUTORS AND ULTIMATELY CONSUMED WITHIN
Y. THE MUNICIPALITY OF CORPUS CHRISTI, TEXAS, OR 1T3 POLICE JURISDICTION.)
GRADES SHALL BE BASED ON THE FOLLOWING STANDARDS, THE GRADING OF MILK PRO-
DUCTS BEING IDENTICAL WITH THE GRADING OF MILK, EXCEPT THAT THE BACTERIAL -COUNT STANDARDS
SHALL BE DOUBLED IN THE CASE OF CREAM AND HALF AND HALF, AND SHALL BE OMITTED IN THE CASE
1 1
OF SOUR CREAM, BUTTERMILK, CULTURED BUTTERMILK, CULTURED MILK, COTTAGE CHEESE AND
CREAMED COTTAGE CHEESE. VITAMIN D MILK SHALL BE ONLY OF GRADE A PASTEURIZED, GRADE B
PASTEURIZED, OR CERTIFIED PASTEURIZED QUALITY. THE GRADE OF A MILK PRODUCT SHALL BE THAT
OF THE LOWEST GRADE OF MILK OR MILK PRODUCT USED IN ITS PREPARATION.
GRADE A RAW MILK FOR PASTEURIZATION
GRADE A RAW MILK FOR PASTEURIZATION IS RAW MILK FROM PRODUCER DAIRIES CON-
FORMING WITH THE FOLLOWING ITEMS OF SANITATION. THE BACTERIAL PLATE COUNT OR THE
DIRECT MICROSCOPIC CLUMP COUNT OF THE MILK, AS DELIVERED FROM THE FARM, SHALL NOT
EXCEED 200,000 PER MILLILITER, AS DETERMINED IN ACCORDANCE WITH SECTION 6.
ITEM 1. COWS - HEALTH
ALL MILK FOR PASTEURIZATION SHALL BE FROM HERDS WHICH ARE LOCATED IN A
-9-
.Y}
'-- kODIFIEU'ACCREDITED ~TUBERCULOSIS- FREE'AREAj ASADETERMINEO '6Y THE BUREAU OF ANIMAL'""
INDUSTRY, UNITED STATES DEPARTMENT OF AGRICULTURE, AND WHICH HAVE BEEN TESTED FOR
TUBERCULOSIS NOT MORE THAN SIX YEARS PRIOR TO THE,ADOPTION OF THIS ORDINANCE AND
AT LEAST EVERY SIX YEARS AFTER SUCH TEST: PROVIDED, THAT HERDS LOCATED IN AN AREA
THAT FAILS TO MAINTAIN SUCH ACCREDITED STATUS, OR THAT HAS AN INCIDENCE OF BOVINE
TUBERCULOSIS IN EXCESS OF 0.2 PERCENT, SHALL HAVE BEEN ACCREDITED BY SAID BUREAU OF
ANIMAL INDUSTRY AS TUBERCULOSIS -FREE, OR SHALL HAVE PASSED AN ANNUAL TUBERCULIN
TEST. ALL ADDITIONS TO SUCH HERDS SHALL BE FREE FROM TUBERCULOSIS. SAID TESTS AND
RETESTS SHALL BE MADE; AND ANY REACTORS DISPOSED OFS IN ACCORDANCE WITH THE LATEST
REQUIREMENTS APPROVED BY THE BUREAU OF ANIMAL INDUSTRY, UNITED STATES DEPARTMENT OF
AGRICULTURE; FOR TUBERCULOSIS -FREE, ACCREDITED HERDS, IN EFFECT AT THE TIME OF THE
ADOPTION OF THIS ORDINANCE. A CERTIFICATE IDENTIFYING EACH ANIMAL SIGNED BY THE
VETERINARIAN OR ATTESTED TO BY THE HEALTH OFFICERS AND FILED AS DIRECTED BY THE HEALTH
OFFICER, SHALL BE EVIDENCE OF THE ABOVE TEST. WITHIN THREE YEARS AFTER THE ADOPTION OF
THIS ORDINANCE, ALL MILK AND MILK PRODUCTS FOR PASTEURIZATION SHALL BE FROM HERDS
CERTIFIED BY THE STATE LIVESTOCK SANITARY AUTHORITY AS FOLLOWING EITHER PLAN A OR PLAN
B APPROVED BY THE BAI FOR THE ERADICATION OF BRUCELLOSIS. EVIDENCE OF THIS CERTIFICATION
X� -
SHALL BE FILED AS DIRECTED BY THE HEALTH OFFICER. ALL ADDITIONS TO THE HERDS SHALL BE
BRUCELLOSIS -FREE. TESTS AND RETESTS SHALL BE MADE, AND ANY REACTORS DISPOSED OF, IN
ACCORDANCE WITH THE LATEST REQUIREMENTS APPROVED BY THE BAI, USDA, IN EFFECT AT THE
TIME OF THE ADOPTION OF THIS ORDINANCE.
A CERTIFICATE IDENTIFYING EACH ANIMALS SIGNED BY THE VETERINARIAN AND THE
DIRECTOR OF THE LABORATORY MAKING THE TEST, AND FILED AS DIRECTED BY THE HEALTH
OFFICERS SHALL BE EVIDENCE OF THE ABOVE TEST. COWS WHICH SHOW A COMPLETE INDURATION
OF ONE QUARTER OR EXTENSIVE INDURATION IN ONE OR MORE QUARTERS OF THE UDDER UPON
PHYSICAL EXAMINATIONS WHETHER SECRETING ABNORMAL MILK OR MOTS SHALL BE PERMANENTLY
EXCLUDED FROM THE MILKING HERD: PROVIDING; THAT THISSHALL NOT APPLY IN THE CASE
OF A QUARTER THAT IS COMPLETELY DRY. COWS GIVING BLOODY, STRINGY, OR OTHERWISE
ABNORMAL MILK, BUT WITHOUT ENTIRE OR EXTENSIVE INDURATION OF THE UDDERS SHALL BE
EXCLUDED FROM THE HERD UNTIL RE- EXAMINATION SHOWS THAT THE MILK HAS BECOME NORMAL.
_I9_
• FOR OTHER DISEASES, SUCH TESTS AND EXAMINATIONS AS THE HEALTH OFFICER MAY
REQUIRE AFTER CONSULTATION WITH THE STATE LIVESTOCK SANITARY OFFICIALS SHALL BE
MADE AT INTERVALS AND BY METHODS PRESCRIBED BY HIM, AND ANY DISEASED ANIMALS OR
REACTORS SHALL BE DISPOSED OF AS HE MAY REQUIRE.
ITEM 3. MILKING BARN - LIGHTING
A MILKING BARN, STABLE, OR PARLOR SHALL BE PROVIDED. IT SHALL BE PROVIDED
WITH ADEQUATE LIGHT, PROPERLY DISTRIBUTED, FOR BOTH DAY AND NIGHT MILKING.
ITEM 3 (A). MILKING BARN -AIR SPACE AND
VENTILATION
SUCH SECTIONS OF THE MILKING BARN, STABLE, OR PARLOR, WHERE COWS ARE KEPT
OR MILKED, SHALL BE WELL VENTILATED, AND SHALL BE SO ARRANGED AS TO AVOID OVERCROWDING.
ITEM 4. MILKING BARN - FLOORS - ANIMALS
THE FLOORS AND GUTTERS OF THAT PORTION OF THE BARN, STASLE, OR PARLOR, IN
WHICH COWS ARE MILKED, SHALL BE CONSTRUCTED OF CONCRETE, OR OTHER APPROVED, IMPERVIOUS,
AND EASILY- CLEANED MATERIAL. FLOORS AND GUTTERS SHALL BE GRADED SO AS TO DRAIN PROPERLY,
AND SHALL BE KEPT CLEAN AND IN GOOD REPAIR. NO SWINE OR FOWL SHALL BE PERMITTED IN THE
MILKING BARN, STABLE, OR PARLOR. IF HORSES, DRY COWS, CALVES, OR BULLS SHOULD BE STABLED
THEREIN, THEY SHALL BE CONFINED IN STRLLS, STANCHIONS, OR PENS, WHICH SHALL BE KEPT CLEAN
AND IN GOOD REPAIR.
ITEM 4 (A) FLOOR CONSTRUCTION
PUBLIC- HEALTH REASON - FLOORS CONSTRUCTED OF CONCRETE OR OTHER IMPERVIOUS
MATERIALS CAN BE KEPT CLEAN MORE EASILY THAN FLOORS CONSTRUCTED OF WOOD, EARTH, OR SIMILAR
MATERIALS, AND ARE, THEREFORE, MORE APT TO BE KEPT CLEAN.
SATISFACTORY COMPLIANCE - THE FLOORS SHOULD BE MADE OF GOOD QUALITY CONCRETE,
BUT MAY BE OF OTHER SIMILARLY - IMPERVIOUS MATERIAL. MANURE GUTTERS SHALL BE OF
CONCRETE. ONLY SUCH PORTIONS OF MILKING -BARN FLOORS TO WHICH COWS HAVE ACCESS SHALL
BE REQUIRED TO BE SURFACED WITH IMPERVIOUS MATERIAL. FEED ALLEYS ARE INCLUDED
IN THIS EXEMPTION, PROVIDED THAT THEY ARE FLOORED WITH TIGHT WOOD OR ITS EQUIVALENT,
AND ARE PROTECTED FROM WASHINGS OR DRAINAGE FROM OTHER PARTS OF THE BARN FLOOR.
mm
.s
IT IS RECOMMENDEDy HOWEVER, THAT FEED TROUGHS SE OF SMOOTH SURFACED CONCRETE WITH
ROUNDED CORNERS AND GRADED TO DRAIN, IN ORDER TO FACILITATE CLEANING.
OTHER PORTIONS OF THE BARN SHALL GE SEPARATED FROM THE MILKING PORTION BY
RAILINGS OR PARTITIONS. WHEN BULL PENS, MATERNITY PENSy OR CALF PENS ARE NOT
SEPARATED FROM THE MILKING PORTION BY A RIGHT PARTITION, THE FLOORS OF SUCH PORTIONS
OF THE BARN MUST BE CONSTRUCTED OF CONCRETE OR EQUALLY IMPERVIOUS MATERIAL. IF SUCH
OTHER PORTIONS OF THE BARN ARE NOT KEPT CLEAN AND FREE OF DUST AND OBJECTIONABLE
ODORS, TIGHT PARTITIONS ARE REQUIRED; IN FACT, TIGHT PARTITIONS ARE RECOMMENDED FOR
ALL CASES. `
THE FLOOR SHOULD HAVE AN UNTROWELED SURFACE, IM ORDER TO PREVENT SLIPPING.
WHEN NECESSARY TO KEEP CATTLE IN THE MILKING BARN, THE FLOORS MAY BE BEDDED IN ORDER
TO PREVENT DISCOMFORT.
CONCRETE FLOORS, IN BARNS UNDER CONSTRUCTION OR RECONSTRUCTION, SHOULD HAVE
CURBS WHERE THE FLOOR JOINS THE WALLS. THESE ARE DESIRABLE IN ORDER TO PROMOTE
CLEANLINESS IN THE ANGLES OF THE FLOOR AND WALLS, AND TO AVOID ROTTING OF WALL SILLS
• AND STUDS. TECHNICALLY, GUTTERS ARE NOT REQUIRED UNDER THE WORDING OF THIS SECTION,
BUT THEY SHOULD BE URGED BY THFI INSPECTOR AS A MEANS OF PROMOTING CLEANLINESS AND IN-
PROVING DRAINAGE.
4. (B) FLOOR CLEANLINESS
PUBLIC - HEALTH REASON - A CLEAN FLOOR REDUCES THE CHANCES OF CONTAMINATION OF
THE MILK OR MILK PAILS DURING MILKING. THE PRESENCE OF OTHER ANIMALS INCREASES UNCLEANLINES
SATISFACTORY COMPLIANCE - THIS ITEM SHALL BE DEEMED TO HAVE BEEN SATISFIED IF THE
MILKING BARN, STABLE, OR PARLOR FLOOR IS FREE OF ACCUMULATIONS OF FILTH OR LITTER, EXCEPT
SUCH AS HAVE ACCUMULATED SINCE THE BEGINNING OF THE LAST MILKING PERIOD, PROVIDED THAT
THE FLOOR IS CLEAN AT THE BEGINNING OF EACH MILKING PERIOD; AND IF SWINE AND FOWL ARE
KEPT OUT OF THE MILKING BARN.
WHEN FLOORS OF MILKING BARNS ARE BEDDED, BEDDING CONTAINING MORE THAN ONE
MILKING'S ACCUMULATION OF MANURE SHALL BE CONSIDERED AS EQUIVALENT TO UNCLEAN FLOORS.
THE METHOD OF CLEANING IS IMMATERIAL. DAIRYMEN WHOSE BARNS ARE PROVIDED WITH WATER UNDER
PRESSURE SHOULD SCRUB THE FLOORS AFTER EACH MILKING WITH A STIFF - BRISTLED BRUSH. IN
BARNS IN WHICH WATER UNDER PRESSURE 15 NOT AVAILABLE, THE FLOORS MAY BE BRUSHED DRY
AND LINED. IN,ITHE LATTER EVENT, CARE SHOULD BE EXERCISED TO PREVENT CAKING OF THE
LINE. WHEN LIME OR PHOSPHATE IS USED, IT SHOULD BE SPREAD EVENLY ON THE FLOOR
-12-
IT IS RECOMMENDEDy HOWEVER, THAT FEED TROUGHS SE OF SMOOTH SURFACED CONCRETE WITH
ROUNDED CORNERS AND GRADED TO DRAIN, IN ORDER TO FACILITATE CLEANING.
OTHER PORTIONS OF THE BARN SHALL GE SEPARATED FROM THE MILKING PORTION BY
RAILINGS OR PARTITIONS. WHEN BULL PENS, MATERNITY PENSy OR CALF PENS ARE NOT
SEPARATED FROM THE MILKING PORTION BY A RIGHT PARTITION, THE FLOORS OF SUCH PORTIONS
OF THE BARN MUST BE CONSTRUCTED OF CONCRETE OR EQUALLY IMPERVIOUS MATERIAL. IF SUCH
OTHER PORTIONS OF THE BARN ARE NOT KEPT CLEAN AND FREE OF DUST AND OBJECTIONABLE
ODORS, TIGHT PARTITIONS ARE REQUIRED; IN FACT, TIGHT PARTITIONS ARE RECOMMENDED FOR
ALL CASES. `
THE FLOOR SHOULD HAVE AN UNTROWELED SURFACE, IM ORDER TO PREVENT SLIPPING.
WHEN NECESSARY TO KEEP CATTLE IN THE MILKING BARN, THE FLOORS MAY BE BEDDED IN ORDER
TO PREVENT DISCOMFORT.
CONCRETE FLOORS, IN BARNS UNDER CONSTRUCTION OR RECONSTRUCTION, SHOULD HAVE
CURBS WHERE THE FLOOR JOINS THE WALLS. THESE ARE DESIRABLE IN ORDER TO PROMOTE
CLEANLINESS IN THE ANGLES OF THE FLOOR AND WALLS, AND TO AVOID ROTTING OF WALL SILLS
• AND STUDS. TECHNICALLY, GUTTERS ARE NOT REQUIRED UNDER THE WORDING OF THIS SECTION,
BUT THEY SHOULD BE URGED BY THFI INSPECTOR AS A MEANS OF PROMOTING CLEANLINESS AND IN-
PROVING DRAINAGE.
4. (B) FLOOR CLEANLINESS
PUBLIC - HEALTH REASON - A CLEAN FLOOR REDUCES THE CHANCES OF CONTAMINATION OF
THE MILK OR MILK PAILS DURING MILKING. THE PRESENCE OF OTHER ANIMALS INCREASES UNCLEANLINES
SATISFACTORY COMPLIANCE - THIS ITEM SHALL BE DEEMED TO HAVE BEEN SATISFIED IF THE
MILKING BARN, STABLE, OR PARLOR FLOOR IS FREE OF ACCUMULATIONS OF FILTH OR LITTER, EXCEPT
SUCH AS HAVE ACCUMULATED SINCE THE BEGINNING OF THE LAST MILKING PERIOD, PROVIDED THAT
THE FLOOR IS CLEAN AT THE BEGINNING OF EACH MILKING PERIOD; AND IF SWINE AND FOWL ARE
KEPT OUT OF THE MILKING BARN.
WHEN FLOORS OF MILKING BARNS ARE BEDDED, BEDDING CONTAINING MORE THAN ONE
MILKING'S ACCUMULATION OF MANURE SHALL BE CONSIDERED AS EQUIVALENT TO UNCLEAN FLOORS.
THE METHOD OF CLEANING IS IMMATERIAL. DAIRYMEN WHOSE BARNS ARE PROVIDED WITH WATER UNDER
PRESSURE SHOULD SCRUB THE FLOORS AFTER EACH MILKING WITH A STIFF - BRISTLED BRUSH. IN
BARNS IN WHICH WATER UNDER PRESSURE 15 NOT AVAILABLE, THE FLOORS MAY BE BRUSHED DRY
AND LINED. IN,ITHE LATTER EVENT, CARE SHOULD BE EXERCISED TO PREVENT CAKING OF THE
LINE. WHEN LIME OR PHOSPHATE IS USED, IT SHOULD BE SPREAD EVENLY ON THE FLOOR
-12-
A A THIN COATING. IF CLEAN FLOORS ARE NOT MAINTAINED BY THIS MEETHOD, SHE INSPECTOR -
SHOULD REOUIRE CLEANSING WITH WATER.
ITEM 5. MILKING BARN -WALLS AND CEILINGS `
THE INTERIOR WALLS AND THE CEILINGS OF THE MILKING BARN, STABLE, OR PARLOR
SMALL BE WHITEWASHED OR PAINTED AS OFTEN AS MAY BE NECESSARY, OR FINISHED IN AN
APPROVED MANNER$ AND SHALL BE KEPT CLEAN AND IN GOOD REPAIR. WHERE THERE IS A
SECOND STORY ABOVE THE MILKING BARN, STABLE, OR PARLOR, THE CEILING SHALL BE TIGHT.
IF FEED SHOULD BE GROUND OR MIXED, OR SWEET FEED SHOULD BE STORED, IN A FEED ROOM OR
FEED- STORAGE SPACE WHICH ADJOINS THE MILKING SPACE, IT SHALL BE SEPARATED THEREFROM BY
A DUST -TIGHT PARTITION AND DOOR.
PUBLIC- HEALTH REASON - WHITEWASHED, PAINTED, OR PROPERLY- FINISHED WALLS
AND CEILINGS ENCOURAGE CLEANLINESS. TIGHT CEILINGS AND FEED ROOMS REDUCE THE LIKELIHOOD
OF DUST AND EXTRANEOUS MATERIAL GETTING INTO THE MILK.
SATISFACTORY COMPLIANCE - THIS ITEM SHALL BE DEEMED TO HAVE BEEN SATISFIED
IF THE WALLS AND CEILINGS:
(1) HAVE BEEN WHITEWASHED, OR FINISHED WITH COLD -WATER PAINT, ONCE
EVERY YEAR OR OFTENER IF NECESSARY; OR
;^b (2) HAVE BEEN PAINTED ONCE EVERY TWO YEARS, OR OFTENER IF NECESSARY, AND
ii BAANS NEWLY CONSTRUCTED OF WOOD SHALL BE PAINTED WHEN COMPLETED; OR
(3) HAVE INTERIOR FINISHED SURFACES OF CONCRETE, CONCRETE BLOCK, BRICK$
TILE, GALVANIZED IRON, PLASTER, OR SIMILAR MATERIAL, WHICH MAY BE ACCEPTED WITHOUT
N- PAINTING; EXCEPT THAT JOINTS AND RAFTERS OF THE ROOF STRUCTURE SHALL NOT BE REQUIRED
TO BE WHITEWASHED OR PAINTED, BUT MUST BE KEPT CLEAN; THE USE OF WALLBOARD ATTACHED
TO THE RAFTERS TO MAKE THE CEILING TIGHT SHALL BE ACCEPTED; GLAZED WINDOWS SHALL BE
KEPT CLEAN; AND
(4) ARE IN GOOD CONDITION WITH CEILING TIGHT WHERE THERE IS A SECOND
STORY ABOVE THE MILKING PORTION OF THE BARN. IF A HAY OPENING IS PROVIDED FROM THE
LOFT INTO THE MILKING PORTION OF THE BARN, SUCH OPENING SHALL BE PROVIDED WITH
A TIGHT DOOR, WHICH SHALL BE KEPT CLOSED WHEN NOT ACTUALLY IN USE. A DUST -TIGHT
t
PARTITION, PROVIDED WITH DOORS THAT ARE KEPT CLOSED EXCEPT WHEN IN ACTUAL USE,
SHALL SEPARATE THE MILKING PORTION OF THE BARN FROM ANY FEED ROOM IN WHICH FEED
15 GROUND OR MIXED, OR IN WHICH SWEET FEED IS STORED. FEED MAY BE STORED IN THE
MILKING PORTION OF THE BARN ONLY IN SUCH MANNER AS WILL NOT INCREASE THE DUST
CONTENT OF THE AIR, ATTRACT FLIES, OR INTERFERE WITH CLEANING OF THE FLOOR
-�3-
. ... . °ta. -i t rMtA'R"�*'-3wi;.s •.r" _ ." i•Tm^:nrF_ ••.r
(as in covered, dust -tight boxes or bins). Open feed dollies may be used for
distributing the feed, but not for storing feed, in the miking barn.
When conditions warrant, the health officer map approve a barn without
four walls extending from floor to roof. A shed -type of barn may be approved,
provided the requirement of Item 4 prohibiting animnla and fowls entering the
barn is satisfied. Cattlehousing areas (stables without stanchions, such as
loose - housing stables, pen stables, resting barns, holding barns, loafing shed,
wandering sheds, etc.) may be of the abed -type of construction, provided no
milking is conducted therein. (They are classified as part of the cow yard under
Item 6.)
ITEM 6. COW YARD
The cow yard shall be graded and drained as well as is practicable,
and shall be so kept that there are no standing pools of water nor accumulations
of organietwastes: Provided, that in loafing and/or cattle- housing areas, manure
droppings she]] be removed, or clean bedding added at sufficiently frequent
intervals to prevent the accumulation of manure on cows' udders and flanks. Swine
sball be kept out.
i( ITEM 7. MANURE DISPOSAL
All manure shall be removed, and stored or disposed of in such manner
as best to prevent the breeding of flies therein and the access of cows to piles
thereof.
ITEM S. MMX HOUSE OR ROOM - CONSTRUCTION
AND EQUIPMENT
There shall be provided a milk house or milk room, in which the cooling
handling, and storing of milk and mills products, and the washing, bactericidal
treatment and storing of milk containers and utensils, shall be done. (a) The
milk house or room shall be provided with a smooth, floor, constructed of con-
crete or other impervious material, maintained in good repair, and graded to
provide proper drainage'. (b) It shall have walls and ceilings of such construc-
tion as to permit easy cleaning, and shall be well painted, or finished in an
approved manner. (c) It sball be well lighted and well ventilated. (d) It
shell have all openings effectively screened, including outward- opening self-
"• ��•� closing doors, unless other effective means are provided to prevent the entrance
of flies. (c) It shall be used for no purposes other than those specified above,
-l4-
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'eacept as -may be approved by the health officer; it shall not open directlinto
. a -4 ldng barn or stable, nor into any room used for, domestic purposes; it shell
be provided with adequate facilities for heating water to clean utensils; and it
shall be equipped with 2- compartment, stationary, wash and rinse vats. The cleaning
* � ^•sand,othsr� operations shall be located and conducted so as to prevent any contami-
nation of the milk or of cleaned equipment.
ITEM 9. MIL% HOUSE OR ROOM- CLEAI4INESS AND FLIES _
Every dairy farm shall be provided with one or more sanitary toilets, con-
veniently located and properly constructed, operated, and maintained, so that the
waste is inaccessible to flies, and does not pollute the surface soil nor con-
taminate any water supply.
ITEM U. WATER SUPPLY
Water for all dairy purposes shall be from a supply properly located,
protected, and operated, and shall be easily accessible, adequate, and of a
safe, sanitary quality.
ITEM 12. UTENSILS- CONSTRUCTION
All multi -use containers, equipment, and other utensils used in the
handling, storage or transportation of milk or milk products shall be made of
4`
smooth, non - absorbent non - corrodible, non -taxic material, shall be so constructed
as to be easily cleaned and shall be kept in good repair. Joints and seems shall
be welded or soldered flush. Woven -wire cloth shall not be used for straining milk.
When milk is strained, strainer pads shall be used and shall not be re -used. All
milk pails obtained hereafter shall be of the seamless,.hooded type. All single -
service articles used shall have been manufactured, packaged, transported, and
handled in a sanitary manner.
ITEM 13. UTENSILS-CLEANING
All multi -use containers, equipment, and other utensils used in th@_hand-
ling, storage, or transportation of milk and milk products shall be thoroughly
cleaned after each usage.
ITEM 14. UTENSILS - BACTERICIDAL TREATMENT
All multi-ohse containers, equipment, and otiiar uter;,ails used in the
bendling, storage, or transportation of milk or milk products shall, before each
usage, be subjected effeetively to an approved bactericidal process utilizing steam,
f.
-15-
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hot water, chemicals, or hot air.
ITEM 15. UTENSILS- STORAGE
All containers and other utensils used in the handlings storage, or
transportation of milk or milk products, unless stored in bactericidal solutions,
eh311 be stored so as to drain dry, and so as not to become contaminated before -
being used.
ITEM -16- NTEHSILS- HANDLING
After bactericidal treatment, containers and other milk and milk- products
utensils shall be handled in such a manner as to prevent contamination of any sur-
face with which milk or milk products come into contact.
_ -- -- - _ - - - _ _ -• ITEM 17.. MiI, KING - UDDERS AND TEATS - ABNORMAL MILK
Milkin n shall be done in the milking barn stable, or parlor, the udders
and heats of all milk-in v cows sha11 be clean and wiped with an approved bactericidal
solution at the time of milking, Abnormal milk shall be kept out of the milk
supply, and shall be so handled and disposed of as to preclude the infection of
the cove and the contamination of mills utensils.
ITEM 13. MILKING- FLANKS
The flanks, bellies, and tails of all milking cows shell be free from
visible dirt at the time of milking. All brushing shall be completed before
milling commences.
ITEM 19. MILKERNS HANDS
Milker's hands shall be washed clean, rinsed with an effective bactericidal
solution, and dried with a clean towel, immediately before milking and immediately
after any interruption in the milking operation. Wet -hand mi.11dng is prohibited.
Convenient facilities shell, be provided for the washing of -ilk rat hands. No
person with an infected out or lesion on hands or arms shall milk cows, or handle
• milk or milk utensils.
ITEM 20. CLEAN CLOTHING
Milkers and milk bandlers sball wear clean outer garments while milking ,
or handling milk, milk products, containers, utensils, or equipment.
ITEM 21. REMOVAL OF M]I.K
-y- Each pail o)? can of milk shall be removed immediately to the milk house '
or straining room. No milk shall be strained or poured in the barn, unless it is
protected from flies and other contamination.
ITEM 22. COOLING
Milk for pasteurisation, unless delivered to a milk -plant or receiving
-16-
station within 2 hours after completion of milkinny shall be cooled immediately
to 500 F. or lase and shall be maintained at that temperature as determined in
accordance with Section 6, until delivered.
_.. - _ . _ ?TEM 23. _ VEHICLES AND- SURROUNDINGS .
All vehicles used for the transportation of milk products shall be con-
structed and operated so as -to protect their contents from the aim, and from
contamination. The immediate surroundings of the dairy shall be kept 4 a clean,
neat condition.
- GRADE A PASTEURIZED MILS
Grade A pasteurized milk is grade A raw milk for pasteurization which
has been pasteurized, cooled, and placed in the final container in a milk plant
which conforms with the items of sanitation described below. In all cases the
milk shall show efficient pasteurization as evidenced by satisfactory phosphatase
test, and at no time after pasteurization and before delivery shall the milk have
a bacterial plate count exceeding 30,000 per milliliter, or a coliform count
exceeding 10 per milliliter, as determined in accordance with Section 6: Pro-
vided, that the raw milk at no time between dumping and pasteurization shall
have bacterial plate count or direct microscope clump count exceeding 100,000
per milliliter.
ITEM 1. FLOORS
The floor of-all rooms in which milk or milk products are handled or
stored, or in which mills 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 and in good
repair.
ITEM 2. WALLS AND CEILINGS
Wells and ceilings of rooms in which milk or milk products are handled
or stored, or in which milk utensils are washed, shall have a smooth, washable,
light - colored surface, and shall be kept clean and in good repair.
ITEM 3. DOORS AND WINDOWS
Unless other effective means are provided to prevent the access of flies,
-17-
�+ ,. .mow N�.4Y ^ , -.i .n. .� wA � . ♦ K..�
all openings to the outer air shall be effectively screened, and all doors shall
be self.'- closing.
ITEM 5. MISCELLANEOUS PROTECTION FROM CONTAMINATION
The various milk -plant operations shall be located and conducted so as to
prevent any contamination of the milk, or of cleaned equipment. All necessary
means shall be used for the elimination of flies, other insects, and rodents.
There shall be separate rooms for (a) the pasteurizing, processing, cooling
and bottling operations, and (b) the washing and bactericidal treatment of
containers. Cans of raw milk shall not be unloaded directly into the pasteurizing
room. Rooms in which milk, milk products, cleaned utensils, or containers are
handled or stored shall not open directly into any stable or living quarters.
The pasteurization plant, milk containers, utensils, and equipment shall be
used for no purposes other than the process of milk and milk products and the
operations incident thereto, except as may be approved by the health officer.
ITEM 6. TOILET FACILITIES
Every milk plant shall be provided with toilet facilities conforming
with the ordinance of the municipality of Corpus Chriti, Texas. Toilet rooms
shall not open directly into any room in which milk, milk products, equipment,
or containers are handled or stored. The doors of all toilet rooms shell be
self - closing. Toilet rooms shall be kept in a clean condition, in good repair,
and well ventilated. A placard on which Section 13 is printed, and a sign
directing employees to wash their hands before returning to work, shall be
posted in all toilet rooms used by employees. Where privies or earth closets
are permitted and used, they Qhall be separate from the building, and shell be
of a sanitary type, located, constructed, and operated in conformity with the _
requirements of Item 10.
ITEM 7. WATER SUPPLY
The water supply shall be easily accessible, adequate, and of a safe,
sanitary quality.
ITEM 8. NAND - WASHING FACILITIES
Convenient hand- washing facilities shall be provided, including hot and
cold running water, soap and approved sanitary towels. Nand- washing facilities
-18-
shall be kept clean. The use of a common towel is prohibited. No employee sball
..., - ....,.«. ... . .,....- ...:..«n.,.- .,.- «..,. -., « rem+ -w�-� . _,_ .. .. .. w._ .,..«- ............. - -. ...�,....4.. -
resume work after using the toilet room without having washed his.hands.
ITEM 9. SANITARY PIPING
All piping used to conduct milk or milk products sball be "sanitary milk
Piping" of a type which can be easily cleaned. Pasteurised milk and milk products
shall be conducted from one piece of equipment to another only through sanitary
milk piping.
ITEM 10. CONSTRUCTION AND REPAIR OF CONTAINERS
AND EQUIPMENT
All multi -use containers and equipment with which milk or milk products
come into contact sball,be -of smooth, impervious, non - corrodible, non -toxic
material; shell be so constructed and so located as to be easily cleaned; and
shall be kept in good repair. All single- service containers, closures, gaskets,
and other articles used shell have been manufactured, packaged, transported, and
handled in a sanitary manner.
ITEM 11. DISPOSAL OF WASTES
All wastes shall be properly disposed of. All plumbing and equipment
aball be so designed and so installed as to prevent contamination of milk
equipment by backtlow.
ITEM 12. GLEANING AND BACTERICIDAL TREATMENT OF
CONTAINERS AND EQUIPMENT
All milk and-milk-product containers and equipment, except single- service
containers, sball be thoroughly cleaned after each usage. All such containers
shall be subjected effectively to an approved bactericidal process after each
cleaning, and all equipment immediately before each usage. When empty, and
before being returned to a producer by a milk plant, each container shall be
thoroughly cleaned and subjected to an effective, approved, bactericidal process.
ITEM 13. STORAGE OF CONTAINERS AND EQUIPMENT
After bactericidal treatment, all bottles, cans, and other multi -use
milk or milk - produot containers and equipment sball be transported and stored
in such a manner as to be protected from contamination.
ITEM 14. HANDLING OF CONTAINERS AND EQUIPMENT
Between bactericidal treatment and usage, and during usage, containers
and equipment shell not be handled or operated in such a manner as to permit
-19-
contamination of the milk. Pasteurized milk or milk products shall not be
permitted to come into contact with equipment with which unpasteurized milk
or milk products have been in contact, unless the equipment has first been
thoroughly cleaned and effectively subjected to an approved bactericidal pro-
cess. No milk or milk products sball be permitted to come into contact with
equipment with which ungraded or lower grade of milk or milk products has been
in contact, unless the equipment has first been thoroughly cleaned and effective-
ly subjected to an approved bactericidal process. r
ITEM 15. STORAGE OF CAPS, PARCRMENT PAPER, AND
_ SINGLE - SERVICE CONTAINERS
i
Milk- bottle cape or cap stock, parchment paper for milk cane, single-
service containers, and gaskets shall be purchased and stored only 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.
ITEM. 16. PASTEURIZATION
Pasteurization shall be performed as described in Section (1) L of this
Ordinnaae. The definition of pasteurization reads as follows:
The terms °pasteurization,° and similar terms shall be taken to refer
to the process of heating every particle of milk or milk products to at least
3l30 F., and holding at such temperature continuously for at least 30 minutes,
or at least 1610 F. and holding at such temperature continuously for at least
15 seconds, in approved and properly operated equipment: Provided, the *. nothing
contained in this definition shall be construed as barring any other process which
has been demonstrated to be equally efficient and which is approved by the State
health authority.
ITEM 17. COOLING
All milk and milk products received for pasteurization °ball be cooled
immediately in approved equipment to 500 F. or less, and shall be maintained at
that temperature until pasteurized, unless they are to be pasteurized within
two hours after receipt; and all pasteurized milk and milk products, except
those to be cultured, sball be cooled immediately in approved equipment to a
t.q;srature of 500 F. or less, and shall be maintained thereat until delivery, as
-20-
determined in accordance with Section 6.
ITEM 18. BOTTLING AND PACEAGI:kG
Overflow milk or milk produota shall not be sold for human consumption.
ITEK 19. CAPPING
Capping of milk and milk products shall be done in a sanitary manner by
r
approved mechanical equipment. Hand- capping is prohibited. The cap, or cover,
shall protect the pouring lip to at least its largest diameter.
ITEM 20. PERSONNEL- HEALTH
The health officer, or a physician authorized by him, shall examine and
take a careful morbidity history of each person connected with a pasteurization
plant, or about to be employed by one, whose work will bring him into contact
with the processing, handling, storage, or_ transportation of milk, milk products,
containers or equipment. If such examination or history should suggest that such
person may be a carrier of, or infected with, the organisms of typhoid or para-
typhoid fever, or any other communicable disease likely to be transmitted through
milk, he shall secure appropriate specimens of body discharges and cause them
to be examined in a laboratory approved by him or by the State pealth authorities
for ouch examinations, and, if the results justify, such persons shall be barred
from such employment.
Such persons shall furnish such information, submit to such physical -
examinations, and submit such laboratory specimens as the health officer may
require for the purpose of determining freedom from infection.
x
ITEM 21. PERSONNEL - CLEANLINESS
All persona who come into contact with milk, milk products, containers, or
equipment, shell wear clean outer garments, and shall keep their hands clean at
all times while engaged in such work.
ITEM 22. PERSONNEL- HEALTH '
All vehicles used for the transportation of milk or milk products shall
be constructed and operated so as to protect their contents from the awn, from
freezing, and from contamination. All vehicles used for the distribution of milk
or milk products shall have the name of the distributor prominently displayed there-
on.
Milk tank -cars and tank - trucks shall comply with the construction, clean-
ing bactercidal treatment, storage, and handling requirements of Items 5, 10, 12,
-21-
•' -� """^— 13i'and 14: •While= containing,milk,r cream, -or milk products; - they -shall-bs= sealed--- �.-.- ,.-- -.-�.. r «.��. -» •-- .- ..-- •«..��.
and labeled in an approved meaner. For each tank shipment, a bill of lading con-
taining all necessary information sball 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 officer.
SECTION 8. GRADES CF MILS AND MILS PRODUCTS
WHICH MAY BE SOLD
From and after_12 months from the date on which this ordinance takes
affect, no milk or milk products shall be sold to the final consumer, or to restau-
rants, soda fountains, grocery stores, or similar establishments, except certified
pasteurized and grade A pasteurized: Provided, that when any milk distributor fails
to qualify for one of the above grades, the health officer is authorized to suspend
his permit and/or to institute court action (or, in lieu thereof, to degrade his
product and to permit its sale during a temporary period not exceeding 30 days, or
in emergencies such longer periods as he may deem necessary).
SECTION 9. REINSTATEMENT OF PERMIT _
(SSPPLF2=ARY REGRADING)
(If, at any time between regular announcements of the grades of milk or
milk products, a lower grade shall become justified, in accordance with Section 5,
6, or 7 of this ordinance, the health officer shall immediately lower the grade
of such milk or mills products, and shall enforce proper labeling 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, or) whose permit has been suspended may make application at,any time
for (the regrading of his products or) the reinstatement of his permit.
Upon receipt of a satisfactory application for (pegrading or) reinstatement
of permit based on correction of a violation of any bacteriological or cooling- _
' temperature standard, the health officer sba71 take further samples at the ratb
of not more then two per week, and shall approve the application upon compliance
with the grade requirements as determined in accordance with Section 6: Provided,
that if samples are n®t available because of suspension of permit to operate, or
o for other reasons, the health officer may issue a temporary permit upon satisfying
YYss himself, by inspection of the facilities and the operating methods, that the con -
Fs' ditions responsible for the violation have been corrected, with final reinstatement -
k _22-
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of permit conditional upon subsequent bacteriological or temperature findings.
In case (the lowered grade of the applicantts product or) the permit
suspension had been due to a violation of an item other than bacteriological
standardo or cooling temperature, the said application must bb accompanied by
a statement, signed by the applicant, to tlft effect that the violated item of
the specifications has been corrected. Within one week of the receipt of such
an application and statement, the health officer shall make a reinspection of
the applicant's establishment, and thereafter as many additional reinspections
as he may deem necessary, to assure himself that theopplicant is again complying
with the (higher - grade) requirements and, in case the findings justify, shall
(regrade the milk or milk products upward or) reinstate the permit.
SECTION 10. TRANSFERRING OR DIPPING MILK; DELIVERY
CONTAINERS; COOLING; QUARANTINED RESIDENCES.
Except as permitted in this section, no milk producer or distributor shall
transfer milk or milk products from one container to another on the street, or in
any vehicle or store, or in any place except a bottling or milk room especially
used for that purpose. The sale of dip milk is hereby prohibited.
Milk and fluid -milk products sold in the distributor's containers in
quantities of one gallon or lees shall be delivered in standard milk bottles
or in single- service containers. It shall be unlawful for hotels, soda fountains,
restaurants, groceries, and similar establishments to sell or serve any milk
or fluid milk products except in the individual, original container in which it
was received from the distributor, or from a bulk container equipped with en
approved dispensing device: Provided, that this requirement shall not apply to
cream, whipped cream, or half and half which is consumed on the premises, and which
may be served from the original bottle or from a -divpenser -approved for such service,
nor to milk served at hospitals and institutions, which may be served from 1 quart
.i a
containers packaged at a milk plant, nor to mixed milk drinks requiring leas than 1/2
pint of milk, which may be poured from 1 quart or 2 quart containers packaged at a
milk plant.
It shall be unlawful for any hotel, soda fountain, grocery, hospital, or
similar establishment to sell or serve any milk or milk product which has not been
1 maintained, while in its possession, at a temperature of 5OoF' or less. If con-
tainers of milk or milk products are stored in water for cooling, the pouring lips
of the containers shall not be submerged.
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IT SHALL BE THE DUTY OF ALL PERSONS TO WHOM MILK OR MILK PRODUCTS ARE
DELIVERED TO CLEAN THOROUGHLY THE CONTAINERS IN WHICH SUCH MILK OR MILK PRODUCTS
ARE DELIVERED BEFORE RETURNING SUCH CONTAINERS.
THE DELIVERY OF MILK'OR MILK PRODUCTS TO) AND THE COLLECTION OF MILK
OR NICK- PRODUCT CONTAINERS FROM) RESIDENCES IN WHICH CASES OF COMMUNICABLE
DISEASE TRANSMISSIBLE THROUGH MILK SUPPLIES EXIST) SHALL BE SUBJECT TO THE SPECIAL
REQUIREMENTS OF THE HEALTH OFFICER.
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 IN-
SPECTION OF THE MUNICIPALITY OF CORPUS CHRISTI MAY NOT BE SOLD IN THE MUNICIPALITY
OF CORPUS CHRISTI) OR ITS POLICE JURISDICTION) UNLESS PRODUCED AND /OR PASTEURIZED
UNDER PROVISIONS WHICH ARE SUBSTANTIALLY EQUIVALENT TO THE REQUIREMENTS OF THIS
ORDINANCE) AND WHICH ARE ENFORCED WITH EQUAL EFFECTIVENESS) AS DETERMINED BY A
MILK- SANITATION RATING. '
SECTION 12. LICENSE FEES
EVERY MILK PRODUCER) MILK PRODUCER - DISTRIBUTOR) MILK DISTRIBUTOR) MILK
DEALER) AND MILK DISPENSER OF MILK AND /OR MILK PRODUCTS AS DEFINED IN THIS ORDI-
NANCE) WHETHER OPERATED BY AN INDIVIDUAL) OR AS A FIRM) ASSGCIATION) 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 OFFICER) FOR PERMIT TO PRODUCE) DISTRIBUTE)
1 SELL) AND/OR DISPENSE MILK FOR CONSUMPTION WITHIN THE CITY LIMITS OF CORPUS CHRISTI)
TEXAS) AS HAS HEREINBEFORE BEEN DEFINED IN THIS ORDINANCE) AND SHALL PAY THEREFORE)
IN ADVANCE) A LICENSE FEE AS FOLLOWS.
II DISTRIBUTORS OF GRADE "A° PASTEURIZED AS DEFINED) IN THIS ORDINANCE)
I SHALL PAY A LICENSE FEE) IN ADVANCE) COMPUTED AS FOLLOWS: SUCH FEE SHALL eE BASED
I' UPON THE AVERAGE DAILY AMOUNT OF MILK DISTRIBUTED) COMPUTED OVER A 1J2 AJR3� OUTPUT
I' AND ESTABLISHED IN ADVANCE) AND SHALL BE IN THE BUM OF TEN DOLLARS ($10.00) FOR THE
FIRST ONE HUNDRED (100) GALLONS OR LESS PER DAY FOR SUCH AVERAGE OUTPUT) AND AN
ADDITIONAL FEE OF ONE DOLLAR ($1.00) 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 HEREINSEFORE STATED.
PRODUCER- DISTRIBUTORS OF GRADE "A” PASTEURIZED MILK) A9 DEFINED IN THIS
ORDINANCE) SHALL PAY A LICENSE FEE) IN ADVANCE) AS FOLLOWS: SUCH FEES SHALL BE BASED
-z4-
'UPON THE,AVERAGE DAILY AMOUNT OF MILK DISTRIBUTION, COMPUTED OVER A YEAR'S OUTPUT °
AND ESTABLISHED IN ADVANCE, AND SHALL BE IN THE SUM OF TEN DOLLARS ($10.00) FOR THE
FIRST ONE HUNDRED (100) GALLONS OR LESS PER DAY FOR SUCH AVERAGE OUTPUT AND AN
""""""'ADDITIONAL "FEE -OF`'ONE DOLLAR ($1.00) FOR EACH FIFTY- (50)`OALLONS'COMPUTED"THEREOF
IN EXCESS TO SAID FIRST ONE HUNDRED (100) GALLONS COMPUTED ON THE BASIS OF THE DAILY
OUTPUT HEREINBEFORE 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 OUT-
PUT OF MILK PRODUCED COMPUTED OVER A YEAR'S OUTPUT ANO ESTABLISHED IN ADVANCE, AND
3is�o
SHALL BE IN THE SUH OF SEVEN AND 50100 DOLLARS, ($7.50) FOR THE FIRST ONE HUNDRED
(19O) GALLONS OR LESS FOR SUCH AVERAGE OUTPUT AND AN ADDITIONAL FEE OF ONE DOLLAR
7 ,bn
($1.00) 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.
DEALERS OF GRADE "A" MILK, AS DEFINED IN THIS ORDINANCE, SHALL PAY AN
�.ab
ANNUAL LICENSE FEE OF ONE DOLLAR ($1.00).
DISPENSERS OF GRADE "A" MILK AS DEFINED IN THIS ORDINANCE, SHALL PAY AN
T
ANNUAL LICENSE FEE OF THREE DOLLARS ($3.00).
SUCH PERMITS SHALL ENTITLE SAID MILK PRODUCER, MILK PRODUCER DISTRIBUTOR,
MILK DISTRIBUTOR, MILK DEALERS, AND MILK DISPENSERS TO DO BUSINESS IN ACCORDANCE
WITH THE PROVISIONS OF THIS ORDINANCE, AND, UNLESS REVOP.ED, SHALL CONTINUE IN FORCE
FOR A PERIOD OF ONE FISCAL YEAR, OR FRACTIONAL PART THEREOF, BEGINNING MARCH FIRST,
EACH YEAR, AND SHALL BE NON- TRANSFERABLE 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 SECRE-
TARY OF THE CITY OF CORPUS CHRISTI, TEXAS. f
.J
SECTION 13. FUTURE DAIRIES AND MILK PLANTS
ALL DAIRIES AND MILK PLANTS FROM WHICH MILK OR MILK PRODUCTS ARE SUPPLIED TO
THE MUNICIPALITY OF CORPUS CHRISTI, WHICH ARE HEREAFTER CONSTRUCTED, RECONSTRUCTED, OR
• "r. XTEN31VELY ALTERED, SHALL CONFORM IN THEIR CONSTRUCTION TO THE GRADE A REQUIREMENTS
-25-
: OX_TX13'= ORDINANCE. PROPERLY PREPARED PLANS FOR ALL DAIRIES '#aa•4W °, - " 4-l'
• t ..�p#sn�jrs+c.:+airY• �:rwa!�+1'Xp•"Xw`r` - F,,.,
AND MILK PLANT3S WHICH ARE HEREAFTER CONSTRUCTED, RECONSTRUCTED, OR EXTENSIVELY
- .'h
ALTERED, SHALL BE SUBMITTED TO THE HEALTH OFFICER FOR APPROVAL BEFORE WORK 13 BEGUN.
IN THE CASE OF MILK PLANT3S SIGNED APPROVAL SHALL BE OBTAINED FROM THE HEALTH OFFICER .
AhD/OR THE STATE HEALTH AUTHORITY. -
SECTION 1¢. NOTIFICATION OF DISEASE
NO PERSON WITH ANY DISEASE IN A COMMUNICABLE FORMS OR WHO IS•A CARRIER OF
SUCH DISEASES SHALL WORK AT ANY DAIRY FARM OR 1'IILK PLANT IN ANY CAPACITY WHICH BRINGS -
HIM IN CONTACT WITH THE PRODUCTION, HANDLINGS STORAGES OR TRANSPORTATION OF MILK, MILK
PRODUCTS, CONTAINERS, OR EQUIPMENT; AND NO DAIRY FARM OR MILK PLANT SHALL EMPLOY IN ANY
SUCH CAPACITY ,ANY SUCH PERSONS OR ANY PERSON SUSPECTED OF HAVING ANY DISEASE IN A
COMMUNICABLE FORMS OR OF BEING A CARRIER OF SUCH DISEASE. ANY PRODUCT OR DISTRUBUTOR
OF MILK OR MILK PRODUCTS UPON WHOSE DAIRY FARM, OR IN WHOSE MILK PLANTS ANY COMMUNICABLE
DISEASE OCCURS, OR WHO SUSPECTS THAT ANY EMPLOYEE HAS CONTRACTED ANY 013EASE IN A COMMUNICABLI
FORM OR HAS BECOME A CARRIER OF SUCH DISEASE, SHALL NOTIFY THE HEALTH OFFICER IMMEDIATELY.
SECTION 15. ENFORCEMENT INTERPRETATION
THIS ORDINANCE SHALL BE ENFORCED BY THE HEALTH OFFICER IN ACCORDANCE WITH
THE INTERPRETATIONS THEREOF CONTAINED IN MILK ORDINANCE AND CODE - 1953 RECOMMENDATIONS
OF THE PUBLIC HEALTH SERVICE, A CERTIFIED COPY OF WHICH SHALL BE ON FILE IN THE
MUNICIPAL CLERKS OFFICE. '
SECTION 16. PENALTY
ANY !PERSON WHO SHALL VIOLATE ANY PROVISION OF THIS ORDINANCE 30ALL BE FINED
NOT MORE THAN $200.00 AT THE DISCRETION OF THE COURT. EACH AND EVERY VIOLATION OF THE
PROVISIONS OF THIS ORDINANCE SHALL CONSTITUTE A SEPARATE OFFENSE.
SECTION 17. CORPORATION CLAUSE
IN CASE A CORPORATION IS THE VIOLATOR OF ANY PROVISION OF THIS ORDINANCE THE
PRESIDENT AND VICE - PRESIDENT, SECRETARY, MANAGER, OR ANY AGENT OR EMPLOYEE OF SUCH
CORPORATION SHALL BE ALSO SEVERALLY LIABLE FOR THE PENALTIES HEREIN PRESCRIBED.
SECTION 18 REPEALING CLAUSE "
IT IS HEREBY EXPRESSLY REPEALED IN THEIR ENTIRETY ORDINANCE NO. 1491,
DATED SEPTEMBER 19 1942, RECORDED IN VOLUME 13, PAGE 129 OF THE ORDINANCE AND
RESOLUTION RECORDS, ORDINANCE NO. 2671 DATED DECEMBER 27, 1949, RECORDED IN VOLUME
18, PAGE 88 OF THE ORDINANCE AND RESOLUTION RECORDS, AND ORDINANCE N0. 3219 DATED
-26-
.. ., •,.4,. * +w'aEAS hr..w,�.'• - .•.�m�sASYay. t.�z «a. - _ - ,.
MARCH 11, 19523 Rt`CORDEO IN VOLUME 20, PAGE 14 OF TIC ORDINANCE AND RESOLUTION
RECORDS. V -
SECTI6d�19„ UNCONSTITUTIONALITY CLAUSE
SHOULD ANY SECTION, PARAGRAPH, SENTCNCC, CLAUSE, OR PHRASE OF THIS ORDINANCE
BE DECLARED UNCONSTITUTIONAL OR INVALID FOR ANY REASON, THE REMAINDER OF SAID ORDINANCE
SHALL NOT BE AFFECTED'TNEREDY.
SECTION 20 - PUBLICATION CLAUSE
THIS ORDINANCE SHALL TAKE EFFECT FROM AND AFTER ITS PUBLICATION ONE TIME
IN THE OFFICIAL PUBLICATION OF THE CITY OF CORPUS CHRISTI, TEXAS, WHICH PUBLICATION
SHALL CONTAIN THE CAPTION STATING IN SUMMARY THE PURPOSE OF THE ORDINANCE AND THE
PENALTY FOR VIOLATION THEREOF.
SECTION 21 — EMERGENCY CLAUSE
THE PUBLIC IMPORTANCE OF THIS ORDINANCE, AND THE FACT THAT THECITY OF
CORPUS CHRISTI DOES NOT HAVE SUFFICIENT AND ADEQUATE REGULATIONS GOVERNING THE
REGULATION OF MILK, MILK PRODUCTS, MILK PRODUCERS, 14ILK DISTRIBUTORS AND OTHER
REGULATIONS DESCRIBED IN THIS ORDINANCE 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 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 N FORCE AND EFFECT FROM AND AFTER ITS PASSAGE, AND
IT IS ACCORDINGLY ORDAINED.
- PASSED AND APPROVED, THIS THE DAY OF DECEMBER, 1954.
MAYOR
THE CITY OF CORPUS CHRI 41, TEXAS
ATTES .
CI Ty SECRET 1RY A
AP DVED AS T LEGAL FORM:
CITY ATTbAEY
- �7-
Co , Christi Teccas
r , 1954
i
TO THE MEMBERS OF THE CITY COUR031 -
Corpus Christi, Tame
.u- Gentlemen: _
For the reasons set forth in the emergency clause of the foregoing
• ordinance, a public emergency and imperative necessity e:dat•for the suspea-
;,^ sion of the Charter Rule or requirement that no ordinancq,or rasolution shall
be passed finally on the date it is introduced, and that such ordinance or -
resolution sball 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.
r
i"
Respeotfully,
MAYOR
i CITr OF CORPUS CHRISTI,
The Charter Rule was easpended•by t)ie folloviog vote:
^: ,_�+•_ ,•%a''
P. C. Callaway
Eur'oy Xing
James S. xaiamith
W. James Brace
F. P. Peterson, Jr.
• ` The above ordinance was passed by the folioving-nots:
P. C. Callaway'
Ellroy Sing. ,•r .
James S. Naiemith
1,-
h
W. James Brace
d F. P. Peterson, Jr."
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