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HomeMy WebLinkAbout1967-0516 - Ordinance - 03/27/1967ORDINANCE NO, 516 AN ORDINANCE DEFINING "FROZEN DESSERTS, " "MIX, " "PASTEURIZATION, " "FROZEN DESSERTS PLANTS, " ETC. ;PROHIBITING THE SALE OF ADULTERATED OR MISBRANDED MIX OR FROZEN DESSERTS; REGULATING THE ISSUING, SUSPENSION AND REVOCATION OF PERMITS FOR THE SALE OF MIX AND FROZEN DESSERTS, THE LABELING OF CONTAINERS, THE INSPECTION OF FROZEN DESSERTS PLANTS, ETC. , THE EXAMINATION OF FROZEN DESSERTS AND THEIR INGREDIENTS, THE TRANSFER OF FROZEN DESSERTS, THE SALE OF MIX AND FROZEN DESSERTS FROM DISTANT POINTS, THE CONSTRUCTION OF FUTURE PLANTS, THE REPORTING AND CONTROL OF COMMUNICABLE DISEASE AT PLANTS, THE ENFORCEMENT OF THIS ORDINANCE, AND THE FIXING OF PENALTIES. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY. OF COLLEGE STATION, TEXAS: Section 1. Definitions - The following definitions shall apply in the interpretation and the enforcement of this ordinance: A. Frozen desserts - A frozen dessert is any clean frozen or partially frozen combination of two or more of the following: Milk or milk products, eggs or egg products, sugars, water, fruit or fruit juices, candy, nut meats , or other harmless and wholesome food products, flavors, color, or harmless stabilizer, and shall be deemed to include ice cream, frozen custard, ice milk, milk sherbert, ices and other similar products. B. Milk and milk products - Milk and milk products used in mix or frozen desserts shall include milk, cream, frozen cream, plastic cream, fluid skim milk, butter, sweetened and unsweetened evaporated milk, sweetened and unsweetened evaporated skim milk, sweeten€ and unsweetened condensed milk, sweetened and unsweetened condensed skim milk, powdered whole milk, powdered skim milk, sweet cream buttermilk, sweet cream condensed buttermilk, and sweet cream powdered buttermilk, or any of these products from which lactose has been wholly or partially removed. C. Mix - Mix is the unfrozen combination of all ingredients of a frozen dessert with or without fruits, fruit juices, candy, nut meats, flavor, or harmless color. D. Pasteurization - The terms "pasteurization, " "pasteurized, " and similar terms shall be taken to refer to the process of heating every particle of mix to at least 155 degrees F. and holding at such temperature for at least 30 minutes in approved and properly operated equipment: 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 health authority. E. Person - The word "person" as used in this ordinance shall mean person, firm, corporation, or association. F. Frozen desserts manufacturer - A frozen desserts manufacturer is any person who manufacturers, processes, or freezes any mix or frozen desserts for distribution or sale. :486 Ordinance No, 516 Page 2 G. Frozen desserts plant - A frozen desserts plant is hereby defined as any place, or premises where frozen desserts or mix are manufactured, processed, or frozen for distribution or sale. H. Milk Products Plant - A milk products plant shall mean any place or premises where milk or milk product 8 are skimmed, condensed, evaporated, powdered, manufactured into butter, or otherwise processed for subsequent manufacture of mix or frozen desserts, I. Receiving station - A receiving station shall mean any place or premises where milk or milk products are received for subsequent delivery to milk products plants or frozen desserts plants. J. Dairy farm - A dairy farm is any place or 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. K. Health officer - The term "health officer" shall mean a representative of the Brazos County Health Unit or a member of the City Health Committee of the City of College Station. L. Average bacterial plate count, direct microscopic count, reduction time, and cooling temperature - Average bacterial plate count and average direct microscopic count shall be taken to mean the logarithmic average, and average reduction time and average cooling temperature shall be taken to mean the arithmetic average, of the respective results of the last four consecutive samples, taken upon separate days. M. Adulterated or misbranded frozen desserts or mix - Any frozen dessert or mix which contains any unwholesome substance, or which if defined in this ordinance, or which if defined in the Texas Food and Drug laws does not conform with its definition, shall be deemed adulterated and/or misbranded. N. And/or - Where the term "and/or" is used "and" shall apply where possible, other- wise "or" shall apply. Section 2. The sale prohibited of mix or frozen desserts which is adulterated or misbranded - No person shall, within the City of College Station or its police jurisdiction, manufacture, freeze, sell, offer or expose for sale, or have in possession with intent to sell, any mix or frozen dessert which is adulterated or misbranded. Section 3. Permits - It shall be unlawful for any person to deliver directly or indirectly into or receive into the City of College Station or its police jurisdiction for sale, or to produce, sell or offer for sale therein, or to have in storage where mix or frozen desserts are sold or served, any mix or frozen dessert, who does not possess a permit from the City of College Station. Only a person who complies with the requirements of this ordinance shall be entitled to receive and retain such a permit. Such a permit may be suspended by the health officer, or revoked after an opportunity for a hearing by the health officer, upon the violation by the holder of any of the terms of this ordinance. 7 Ordinance No. 516 Page 3 Said permit to be renewed annually on or before the first (1st) day of July of each year to be valid. And said permit shall set forth plainly and in what manner and to what extent the holder thereof may engage in the production, transportation, processing, handling or sale of mix or frozen desserts in the City of College Station, Texas. Fees: (a) If the applicant manufactures and pasteurizes a frozen dessert mix, freezes the mix and places it in a final delivery container, there shall be a fee of $25. 00 per year. (b) If the applicant manufactures and pasteurizes a frozen dessert mix and offers for sale the mix only, there shall be a fee of $15.00 per year. (c) If the applicant purchases a mix and freezes it for final consumption without placing it in a labeled container (frozen custard - soft serve), there shall be a fee of $5. 00 per year. (d) Fees will be prorated by quarters should an applicant apply before the end of any fiscal year, ending June 30th. (e) In case that two or more of the above conditions exist, the permit fee shall be based on the condition requiring the greatest fee. (f) All fees collected under the provision of this ordinance shall be deposited to the General Fund Account of the City of College Station, Texas, and shall be drawn upon the City Secretary pursuant to appropriations duly made for the sale purpose of defraying cost of enforcing the provisions of this ordinance. Section 4. Labeling - All cans, packages, and other containers enclosing mix or frozen desserts or their ingredients derived from milk, except those filled from labeled bulk containers in retail dispensing, shall be plainly labeled or marked with (1) the name of the contents; (2) in the case of mix the word "pasteurized" if the contents have been pasteurized and the word "raw" if the contents have not been pasteurized; and (3) the name and the street address, or the permit number,of the plant at which the contents were placed in the container. A descriptive word or phrase indicating in more detail the composition or flavoring of the mix or frozen desserts, such as strawberry, chocolate, custard, etc. , may be used on the label. The label or mark shall be in letters of a size, kind, and color approved by the health officer. Trade names and trade marks may be permitted. The label shall contain no marks or words which are misleading. Section 5. Inspection of frozen desserts plants - At least once during each six months period the health officer shall inspect all frozen desserts plants, the products of which are intended for consumption within the City of College Station or its police jurisdiction. In case the health officer discovers the violation of any item of sanitation, he shall make a second inspection after alapse of 3 days, and the second inspection shall be used in determining compliance with the requirements of this ordinance. Any violation of the same item of this ordinance on two consecutive inspections shall call for immediate suspension of permit. u1zst Ordinance No. 516 Page 4 One copy of the inspection report shall be delivered to the owner of the premises inspected, or his agent, and shall be readily available at any time for a period of 12 months. Another copy of the inspection report shall be filed with the records of the health department. Section 6. The examination of frozen desserts and their ingredients - During each six months period at least four samples of frozen desserts and pasteurized mix from each plant shall be tested by the health officer. Samples of mix or frozen desserts may be taken by the health officer at any time prior to final delivery. Samples of ingredients may be tested as often as the health officer may require. Samples of frozen desserts from stores, cafes, soda fountains, restaurants, and other places where frozen desserts are sold may be tested as often as the health officer may require. Bacterial plate counts and direct microscopic counts shall be made in conformity with the 1934 standard methods recommended by the American Public Health Association. Examinations may include such other chemical and physical determinations as the health officer may deem necessary for the detection of adulteration, these examinations to be made in conformity with the 1934 standard methods of the American Public Health Association and the Association of Official Agricultural Chemists. All proprietors of plants, stores, cafes, restaurants, soda fountains, and other similar places shall furnish the health officer, upon his request, the names of all persons from whom their mix or frozen desserts are obtained. Whenever the average bacterial plate count, the average reduction time, or the average cooling temperature falls beyond the limit, the health officer shall send written notice thereof to the plant concerned, and shall take an additional sample, but not before the lapse of three days, for determining a new average in accordance with Section 1 (L). Violation of the requirement by the new average or by any subsequent average during the remainder of the current six months period shall call for immediate suspension of the permit, unless the last individual result is within the limit. Section 7. Sanitation requirements for frozen desserts plants - All frozen desserts plants shall comply with the following items of sanitation: ITEM 1p. Floors - The floors of all rooms in which mix, frozen desserts, or their ingredients are manufactured, frozen, or stored, or in which containters and utensils are washed, shall be constructed of concrete or other equally impervious and easily cleaned material, and shall be smooth, properly drained, provided with trapped drains, and kept clean: Provided, that cold storage rooms need not be provided with drains: Provided, further, that the construction requirements of this item shall be waived, in frozen desserts plants which freeze and sell only at retail on the premises, if the portion of the room in which the freezer is installed and the room in which containers or utensils are washed have impervious floors or solid floors covered with tight linoleum or other approved, washable material. ITEM 2p. Walls and ceilings - Walls and ceilings of rooms in which mix, frozen desserts, or their ingredients are manufactured or frozen, or in which containers or utensils are washed, shall have a smooth, washable light-colored surface, and shall be kept clean. ITEM 3p. Doors and windows - Unless other effective means are provided to prevent the access of flies, all openings to the outer air shall be effectively screened and doors shall be self-closing. 01289 Ordinance No. 516 Page 5 ITEM 4p. Lighting and ventilation - All rooms shall be well lighted and ventilated. ITEM 5p. Miscellaneous protection from contamination - The various plant operations shall be so located and conducted as to prevent any contamination of the mix, frozen desserts, their ingredients, cleaned equipment, or containers. All means necessary for the elimination of flies shall be used. Separate rooms shall be provided for (a) the pasteurizing, processing, cooling, freezing, and packaging operations, and (b) the washing and bactericidal treatment of containers: Provided, that requirement (a) shall be satisfied, in frozen desserts plants which freeze and sell only at retail on the premises, if all mixing, freezing, and packaging processes, but not necessarily the hardening and storage compartments, are enclosed in a tight glass or other sanitary enclosure which is open only on the side farthest from the public, which has a dust -tight top extending over the entire freezer, and which is protected by a fan so installed and of such power as to prevent the entrance of flies. Containers of frozen desserts ingredients shall not be unloaded directly into the room or rooms used for pasteurization, or subsequent processes. Pasteurized mix or frozen desserts shall not be permitted to come in contact with equipment with which unpasteurized mix, frozen desserts, milk, or milk products have been in contact, unless such equipment has first been thoroughly cleaned and subjected to bactericidal treatment. None of the operations connected with a frozen desserts plant shall be conducted in a room used for domestic purposes. ITEM 6p. Toilet facilities - There shall be provided toilet facilities conforming with the ordinances of the City of College Station, and which are kept clean, well ventilated, and in good repair. Toilet rooms shall not open directly into any room which frozen desserts, their ingredients, equipment, or containers are handled or stored. The doors of all toilet rooms shall be self-closing. In case privies or earth closets are permitted and used, they shall be separate from the building, and shall be of a sanitary type constructed and operated in conformity with the requirements of the State Board of Health. ITEM 7p. Water supply - The water supply shall be easily accessible, adequate, and of a safe, sanitary quality. ITEM 8p. Hand -washing facilities - Convenient hand -washing facilities shall be provided, including warm running water, soap, and approved sanitary towels. The use of a common towel is prohibited. No employee shall resume work after using the toilet room without first washing his hands. ITEM 9p. Sanitary piping - All piping used to conduct ingredients, mix or frozen desserts shall be sanitary milk piping of a type which can be easily cleaned with a brush and appropriate sanitizing agents. ITEM 10p. Construction and repair of containers and equipment - All multi -use containers and equipment with which mix, frozen desserts, or their ingredients come in contact shall be constructed in such manner as to be easily cleaned and shall be kept in good repair. ITEM 11p. Disposal of wastes - All wastes shall be properly disposed of. ITEM 12p. Cleaning and bactericidal treatment of containers and equipment All multi -service containers and equipment for mix, frozen desserts, or their ingredients 01290 Ordinance No. 516 Page 6 shall be thoroughly cleaned after each usage. All containers shall be subjected to an approved bactericidal process after each cleaning, and all equipment immediately before each usage. When empty and before being returned by a frozen desserts plant, each milk and milk products container shall be effectively cleaned and subjected to bactericidal treatment. ITEM 13p. Storage of containers - After bactericidal treatment all multi -use containers for mix, frozen desserts, and their ingredients shall be stored in such manner as to be protected from contamination. ITEM 14p. Handling of containers and equipment - Between bactericidal treatment and usage, and during usage, containers and equipment shall not be handled or operated in such manner as to permit contamination of the frozen desserts, mix, or their ingredients. ITEM 15p. Storage and handling of single service containers and utensils - Caps, parch- ment papers, wrappers, can liners, and single -service sticks, spoons, and containers for frozen desserts, mix, or their ingredients shall be purchased only in sanitary containers; shall be kept therein in a clean dry place; and shall be handled in a sanitary manner. ITEM 16p. Pasteurization of mix - All mix shall be pasteurized as described in Section 1 (D) of this ordinance. ITEM 17p. Cooling and handling - All milk and fluid milk products received at the frozen desserts plant for use in frozen desserts or mix shall immediately be pooled in approved equip- ment to 50 degrees F. or less and maintained at that temperature until pasteurized, unless they are to be pasteurized within 2 hours after receipt; and all pasteurized mix shall immediately be cooled in approved equipment to an average temperature of 50 degrees F. or less, as described in Section 1 (L) of this ordinance, and maintained thereat until frozen. All mix which is not frozen at the plant at which it was pasteurized shall be transported to the place of manufacturing or freezing in sealed containers, and the mix shall be handled in a sanitary manner. Dipping from containers of pasteurized mix is prohibited. ITEM 18p. Packaging, etc. - Packaging, cutting, molding, dipping, freezing, hardening, and other preparation of mix or frozen desserts or their ingredients shall be done in an approved manner. Containers shall be adequately covered immediately after filling. Caps or covers shall be handled in such manner as to prevent contamination of the package contents. ITEM 19p. Overflow or spillage - Product drip, or overflow or spilled mix or frozen desserts or their ingredients, shall not be sold for human consumption. ITEM 20p. Returns - Mix or frozen desserts in open or broken containers may after delivery be returned to the plant for inspection, but shall not be used for making mix or frozen desserts. ITEM 21p. Personnel, health - The health officer or a physician authorized by him shall examine and take a careful morbidity history of every person connected with a frozen desserts plant, or about to be employed, whose work brings him in contact with h r ction, Ordinance No. 516 Page 7 handling, or storage of mix or frozen desserts, containers, or equipment. If such examinations suggest that such person may be a carrier of or infected with the organisms of typhoid or paratyphoid fever or any other communicable diseases likely to be transmitted through frozen desserts, he shall secure appropriate specimens of body discharges and cause them to be examined in a laboratory approved by him or by the state health authorities, for such examinations, and if the results justify such person shall be barred from such employment. 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. ITEM 22p. Personnel, cleanliness - All persons coming in contact with mix, frozen desserts, their ingredients, containers, or equipment, shall wear clean outer garments and shall keep their hands clean at all times while thus engaged. ITEM 23p. Miscellaneous - All vehicles used for the transportation of mix or frozen desserts or their ingredients shall be so constructed and operated as to protect their contents from the sun and from contamination. Such vehicles shall be kept clean, and no substance capable of contaminating mix or frozen desserts or their ingredients shall be transported therewith in such manner as to permit contamination. All vehicles used for the distribution of mix or frozen desserts shall have the name of the distributor prominently displayed. The immediate surroundings of all frozen desserts plants shall be kept in 'a neat, clean condition. ITEM 24p. Bacterial plate count of pasteurized mix or frozen desserts - The average bacterial plate count of the pasteurized mix or the frozen desserts shall at no time prior to delivery exceed 50, 000 per gram, as determined under Sections 1 (L) and 6. ITEM 25p. Ingredients - All mix and frozen desserts ingredients shall be clean, have a fresh wholesome flavor and odor and a normal appearance, be of satisfactory quality, and shall be handled or processed in an approved manner. Milk and milk products used as ingredients in the raw state shall have an average bacterial plate count not exceeding 200, 000 per cubic centimeter.. or per gram, or an average direct microscopic count not exceeding 200, 000 per cubic centimeter or per gram if clumps are counted or 800, 000 if individual organisms are counted, or an average reduction time of not less than 6 hours , as determined under Sections 1 (L) and 6; and milk and milk products used as ingredients in the pasteurized, condensed, evaporated or dried state shall have an average bacterial plate count not exceeding 50, 000 per cubic centimeter or per gram: Provided, that these limits shall be doubled in the case of cream. Section, 8. Frozen desserts plants which may sell their products - From and after 12 months from the date on which this ordinance takes effect no mix or frozen desserts shall be sold for ultimate consumption within the City of College Station, or its police jurisdiction unless it has been manufactured and frozen in a plant conforming with the requirements of this ordinance: Provided, that when any frozen desserts plant fails to qualify the health officer is authorized to revoke the permit. 01292 Ordinance No. 516 Page 8 Section 9. Suspension and re -issuing of permit - If at any time a suspension of the permit shall become justified in any case, the health officer shall, subject to the provisions of Sections 3, 5, 6, and 7 of this ordinance, immediately suspend the permit of said frozen desserts plant. Any frozen desserts plant, the permit of which has been suspended by the health officer, may at any time make application for the re -issuing of the permit. Upon receipt of a satisfactory application, in case the suspension of permit is the result of an unsatisfactory bacterial condition or cooling temperature, the health officer shall take further samples at the rate of not more than 2 samples per week. The health officer shall re -issue the permit whenever the average of the last four sample results indicates the necessary compliance. In case the suspension of permit is due to the violation of any item or items of the specifications prescribed in Section 7 other than bacterial condition or cooling temperature, the said application must be accompanied by a statement signed by the applicant to the effect that the violated item or items of the specifications have been conformed with. Within one week of the receipt of such an application and statement the health officer shall make a re -inspection, and thereafter as many additional re -inspections as he may deem necessary to assure himself that the applicant is again complying with the requirements, and in case the findings indicate compliance, shall re -issue the permit. Section 10. Transferring and dispensing frozen desserts - No person shall transfer frozen desserts from one container to another or package the same on the street or in any vehicle or in any place except a sanitary room under approved conditions. Section 11. Mix and frozen desserts from points beyond the limits of routine inspection - Mix and frozen desserts from points beyond the limits of routine inspection of the City of College Station may not be sold in the City of College Station, or its police jurisdiction, unless con- trolled under provisions equivalent to the requirements of this ordinance: Provided, that the health officer shall satisfy himself that the health officer having jurisdiction over the manufacture is properly enforcing such provisions. Section 12. Future frozen desserts plants - All frozen desserts plants from which mix or frozen desserts are supplied to the City of College Station, which are hereafter constructed, reconstructed, or extensively altered, shall conform in their construction to the requirements of this ordinance. Properly prepared plans for all frozen desserts plants which are hereafter constructed, reconstructed, or extensively altered shall be submitted for approval before work is begun, and signed approval shall be obtained from the health officer and/or the State Health Department. Section 13. Notification of disease - Notice shall be sent to the health officer immediately by any frozen desserts manufacturer or distributor among whose employees any infectious, contageot or communicable disease occurs. 01293 Ordinance No. 516 Page 9 Section 14, Procedure when infection suspected - When suspicion arises as to the possibility of transmission of infection from any person concerned with the handling of mix, frozen desserts, or their ingredients, the health officer is authorized to require any or all of the following measures: (1) the immediate exclusion of that person from handling mix, frozen desserts, or their ingredients; (2) the immediate exclusion of the supply concerned from distribution and use; (3) adequate medical and bacteriological examination of the person, of his associates, and of his and their bodily discharges. Section 15. Enforcement interpretation - This ordinance shall be enforced by the health officer in accordance with the interpretations thereof contained in the 1940 edition of the United States Public Health Service Frozen Desserts Code, a certified copy of which shall be on file in the City Clerk's office. Section 16. Penalties - Any person who shall violate any provision of this ordinance shall be fined not more than two hundred ($200.00) dollars at the discretion of the court. Each and every day of violation of the provisions of this ordinance shall constitute a separate offense. Section 17. Repeal and date of effect - All ordinances and parts of ordinances in conflict with this ordinance are hereby repealed; and this ordinance shall be in full force and effect immediately upon its adoption and its publication, as provided by law. Section 18. Unconstitutionality clause - Should any section, paragraph, sentence, clause, or phrase of this ordinance be declared unconstitutional or invalid for any reason, the remainder of said ordinance shall not be affected thereby. PASSED AND APPROVED this 27th day of March, 1967. ATTEST: City Secretary (SEAL) 01z94