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HomeMy WebLinkAbout1939-0033 - Ordinance - 12/07/1939ORDINANCE NO. 50 AN ORDINANCE W\KING IXMNDATORY THE GRADING AND LABELING OF MILK AND CERTAIN MILK PRODUCTS SOLD OR OFFERED FOR SALE WITUIN THE ' CORPORATE LIMITS OF THE CITY OF COLLEGE STATION, TEXAS; PROHIB- ITING THE SALE OF ADULTERATED, 'ISBRANDED, OR UNGRADED I;MILK, AND MILK PRODUCTS; REQUIRING AND PROVIDING FOR THE ISSUING AND REVOKING OF PERMITS FOR THE SALE OF MILK AND MILK PRODUCTS; AUTHORIZING AND DIRECTING THE CITY HEALTH OFFICER TO RECEIVE APPLICATIONS FOR, INSPECT DAIRIES AND MILK PLANS AND GRANT OR REVOKE PERMITS TO PERSONS, FIRMS AND CORPORATIONS TO SELL OR OFFER FOR SALE GRADED I(ILK AND MILK PRODUCTS WITHIN THE CITY; PROVIDING FOR THE CONSTRUCTION OF FUTURE DAIRIES AND MILK PLANTS; ADOPTING THE PROVISIONS OF SENATE BILL 83 PASSED BY THE REGULAR ,SESSION OF THE 45th LEGISLATURE, REVISED CIVIL STATUTES 1937 SUPPLEMENT; PROVIDING FOR THE ENFORCEMENT OF THIS ORDINANCE, AND THE FIXING OF PENALTIES. WHEREAS, the Regular Session of the 45 th Legislature, 1939, passed an Act known as Senate Bill 83, relati2e to the grading and labeling of milk and milk products and authorizing the governing bodies of cities to make mandatory the grading and grade labeling of milk and milk products sold and offered for sale within the corporate limits of such cities, and WHEREAS, it is necessary to regulate the sale of milk and milk products within the City of College Station, for the promot- ion of health, the governing body of said City desires to re- quire permits for the sale of milk acid milk products and to make mandatory the grading and labeling of milk and milk pro- ducts sold and offered for sale within the city limits of the City of College Station, Texas, now therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STJ'. T ION, TEXAS: Sec. 1. That hereafter it shall be unlawful for any person, firm or corporation to sell or offer for sale any milk or milk product within the corporate limits of the City of Col- lege Station, withtut such person, firm or corporation first makes application to and receives a permit fvom the City Health Officer to sell such milk or milk products. The City Health Officer shall issue or revoke such permits in accord- ance with the requirements and conditions herein after set forth; provided he may revoke or refuse to issue a permit, if in his judgment any milk is unfit for human consumption. Sec. 2. The City Health Officer of the City of College Station, is hereby authorized and directed to receive applications for, and grant permits to persons, firms and corporations desiring tea sell or offer for sale milk end milk prodmcts wit'rin the City; provided said Health Officer shall inspect the equip- ment and sanitation of the dairies and milk plants and grade the milk according to the provisions of Senate Bill 83, passed by the 45th Legislature Regular Session, Revised Civil Statutes 1937 Supplement, and in accordance with the rules and regulat- ions promulgated by the State Health Officer pursuant thereto. The grading and laveling of milk and milk products sold and offered for sale within the corporate limits accordi'g to definition(P), Sedtion 1 of the said Senate Bill 83, for grades "A", "B", "C", and "D" raw milk and milk products, and definition (Q) for grades "A", "B", and "C" pas- teurize.d milk and milk products, is hereby made mandatory. These spec- ifioations are on file with the the City Clerk for public examination. Sec. 3. Adulterated, Misbranded, er Un' -railed Milk or Milk Products Prohibited. No person whall within the City of College Station, 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 witin the meaning of and under the penalty of the aforesaid Senate Bill 83. Violation of this Section shall be sufficient cause for recovation of permits for the sale of milk or milk products. See. 4. All pasteruized milk and milk products shall be planed in their final delivery containers in the plant in which they are pasteurized, and all raw milk and milk products sold for consumption in the raw state shall be planed in their final delivery containers at the farm at which they are produced. Sec. 5. All future dairies and milk plants from which milk or milk products are supplied to the City of College Station, which are herea`'ter constructed, reconstructed, or extensively altered shall conform in their construction to the grade A requirements of this ordinance. See. 6. Enforcement interpretation. This:. ordinance shall be enforced by the City Health Officer in accordance with the interpretations thereof contained in the 1939 edition of the U. S. Public Health Service Milk code and aforesaid Senate Bill 83. Seo. 7. Six months from the effective date this ordinance, no milk or milk products s}.all be sold except grades A. pasterrized, certified, and grade A raw; provided dower grades may be sold during degrading per&ods as determined by the City Health Officer. See, 8. Repeal and Date of Effect. All ordinances and parts of ordin- ances in conflict with this ordinance are hereby repealed; and this or- dinanoe s:. all he in full force and °Meet immediately upon its adoption and its publication. as provided by law. See. 9. Unconstitutionality clause. Should any section, paragraph, sen- tence, clause or phrase of this ordinanoe be declared unconstitutional or invalid for any reason, the remainder of said ordinance shall not be affected thereby. See. 10. Any person, firm, corporat.on or association of persons who shall sell, offer for sale, or possess for the purpose of sale any milk or milk product with the City of College Station without having a permit authorizing the sale of same, issued by the City Health Officer of the City of College Rtation, Texas, or who shall sell or possess for the purpose of sale any milk or milk product after a permit has-been revoked or suspended shall be fined in a sum not exceeding One Hundred Dollars, an d eacseparate sale, or possession for sale, shall constitute a separate offence. 360. 11. Where violations of tflis ordinance and the provisions of said Senate Bill 83 are found, the City health Officer, his agents or any other city officer having jurisdiction, shall file complaint or complaints in some court of competent jurisdiction. Passed and approved this the 2 day of _ , 1939. ATTEST: ORDINANCE NO. 33 AN ORDINANCE MAKING MANDATORY THE GRADING AND LABELING OF MILK AND CERTAIN MILK PRODUCTS SOLD OR OFFERED FOR SALE WITHIN THE CORPORATE LIMITS OF THE CITY OF COLLEGE STATION, TEXAS: PROHIBIT- ING THE SALE OF ADULTERATED, MISBRANDED, OR UNGRADED MILK, AND MILK PRODUCTS: REQUIRING AND PROVIDING FOR THE ISSUING AND RE- VOKING OF PERMITS FOR THE SALE OF MILK AND MILK PRODUCTS: AUTHORIZING AND DIRECTING THE CITY HEALTH OFFICER TO RECEIVE APPLICATIONS FOR, INSPECT DAIRIES AND MILK PLANES AND GRANT OR REVOKE PERMITS TO PERSONS, FIRMS AND CORPORATIONS TO SELL OR OFFER FOR SALE GRADED MILK AND MILK PRODUCTS WITHIN THE CITY: PROVIDING FOR THE CONSTRUCTION OF FUTURE DAIRIES AND MILK PLANTS; ADOPTING THE PROVISIONS OF SENATE BILL 83 PASSED BY THE REGULAR SESSION OF THE 45th. LEGISLATURE, REVISED CIVIL STATUTES 1937 SUPPLEMENT; PROVIDING FOR THE ENFORCEMENT OF THIS ORDINANCE, AND THE FIXING OF PENALTIES. WHEREAS, the Regular Session of the 45th. Legislature, 1937, passed an Act known as Senate Bill 83, relative to the grading and labeling of milk and milk products and authorizing the governing bodies of cities to make mandatory the grading and grade labeling of milk and milk products sold and offered for sale within the corporate limits of such cities, and WHEREAS, it is necessary to regulate the sale of milk and milk products within the City of College Station, for the promotion of health, the governing body of said City desires to re- quire permits for the sale of milk and milk products and to make mandatory the grading and labeling of milk and milk pro- ducts sold and offered for sale within the city limits of the City of College Station, Texas, now therefore. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS: Sec. 1. That hereafter it shall be unlawful for any person, firm or corporation to sell or offer for sale any milk or milk product within the corporate limits of the City of Col- lege Station, without such person, firm or corporation first makes application to and receives a permit from the City Health Officer to sell such milk or milk products. The City Health Officer shall issue or revoke such permits in accord • - ance withthe requirements and conditions herein after set forth; provided he may revoke or refuse to issue a permit, if in his judgment any milk is unfit for human consumption. Sec. 2. The City Health Officer of the City of College Station, is hereby authorized and directed to receive applications for, and grant permits to persons, firms and corporations desiring to sell or offer for sale milk and milk products within the City; provided said Health Officer shall inspect the equip- ment and sanitation of the dairies and milk plants and grade the milk according to the provisions of Senate Bill 83, passed by the 45th Legislature Regular Session, Revised Civil Statutes 1937 Supplement, and in accordance with the rules and regula- tions promulgated by the State Health Officer pursuant thereto. The grading and laveling of milk and milk products sold and offered for sale within the corporate limits according to definition (P), Section 1 of the said Senate Bill 83, for grades "A","B","C",and "D" raw milk and milk products, and definition (Q) for grades'"A","B", and "C" pas- teurized milk and milk products, is hereby made mandatory. These spec- ifications are on file with the City Clerk for public examination. Sec. 3. Adulterated, Misbranded, or Ungraded Milk or Milk Products Prohibited. No person shall within the City of College Station, 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 within the meaning of and under the penalty of the aforesaid Senate Bill. 83. Violation of this Section shall be sufficient cause for recovation of permits for the sale of milk or milk products. Sec. 4. A11 pasteruized milk and milk products shall be placed in their final delivery containers in the plant in which they are pasteurized, and all raw milk and milk products sold for consumption in the raw state shall pe placed in their final delivery containers at the farm at which they are produced. Sec. 5. All future dairies and milk products are supplied to the City of after constructed, reconstructed, or in their construction to the grade A plants from which milk or milk College Station, which are here - extensively altered shall conform requirements of this ordinance. Sec. 6. Enforcement interpretation. _This ordinance shall be enforced by the City Health Officer in accordance with the interpretations there- of contained in the 1939 edition of the U. S. Public Health Service Milk code and aforesaid Senate Bill. 83. Sec. 7. Six months from the effective date this ordinance, no milk or milk products shall be sold except grades A pasterrized, certified, and grade A raw; provided lower grades may be sold during degrading periods as determined by the City Health Officer. Sec. 8. Repeal and Date of Effect. All ordinances and parts of ordi- nances in conflict with this ordinance are hereby repealed; and this or- dinance shall be in full force and effect immediately upon its adoption and its publication, as provided by law. Sec. 9. Unconstitutionality clause. Should any section, paragraph, sen- tence, clause or phrase of this ordinance be declared unconstitutional or invalid for any reason, the remainder of said ordinance shall not be affected thereby. Sec. 10. Any person, firm, corporation or association of persons who shall sell, offer for sale, or possess for the purpose of sale any milk or milk product with the City of College Stationwithout having a permit authorizing the sale of same, issued by the City Health Officer of the City of College Station, Texas, or who shall sell or possess for the' purpose of sale any milk or milk product after a permit has been revoked or suspended shall be fined in a sum not exceeding One Hundred Dollars, and each separate sale, or possession for sale, shall constitute a separate offence. 4b Sec. 11. Where violations of this ordinance and the provisions of said Senate Bill 83 are found, the City Health Officer, his agents or any other city officer having jurisdiction, shall file complaint or complaints in some court of competent jurisdiction. Passed and approved this the 7th day of Dec., 1939. s/ J. H. Binney. Mayor ATTEST: s/ Sidney L. Loveless City Secretary U3