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HomeMy WebLinkAbout1967-0515 - Ordinance - 03/27/1967BOORUM & PEASE ORDINANCE NO. 515 AN ORDINANCE DEFINING "MILK" AND CERTAIN "MILK PRODUCTS, " "MILK PRODUCER, " "PASTEURIZATION, " 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 PLANTS, AND THE EXAMINATION, LABELING, PAS- TEURIZATION, DISTRIBUTION, AND SALE OF MILK AND MILK PRODUCTS; PRO- VIDING FOR THE CONSTRUCTION OF FUTURE DAIRY FARMS AND MILK 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. MILK - Milk is hereby defined to be the lacteal secretion, practically free from colostrum, obtained by the complete milking of one or more healthy cows, which contains not less than 8 per cent milk solids -not -fat and not less than 3 1/4 per cent 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 - Milkfat, or butterfat, is the fat of milk. B-1. CREAM - Cream is a portion of milk which contains not less than 18 per cent milkfat. B-2. LIGHT CREAM, COFFEE CREAM, OR TABLE CREAM - Light cream, coffee cream, table cream is cream which contains not less than 18 per cent but less than 30 per cent milkfat. B-3. WHIPPING CREAM - Whipping cream is cream which contains not less than 30 per cent milkfat. B-4. LIGHT WHIPPING CREAM - Light whipping cream is cream that contains not less than 30 per cent but less than 36 per cent milkfat. B-5. HEAVY CREAM OR HEAVY WHIPPING CREAM - Heavy cream or heavy whipping cream is cream which contains not less than 36 per cent milkfat. B-6. WHIPPED CREAM - Whipped cream is whipping cream into which air or gas has been incorporated. B-7. WHIPPED LIGHT CREAM, COFFEE CREAM, OR TABLE CREAM - Whipped light cream, coffee cream, or table cream is light cream, coffee cteam, or table cream into which air or gas has been incorporated. (.)1267 Ordinance No. 515 Page 2 B-8. SOUR CREAM OR CULTURED SOUR CREAM - Sour cream or cultured sour cream is a fluid or semifluid cream resulting from the souring by lactic acid producing bacteria or similar culture, of pasteurized cream, which contains not less than 0.20 per cent acidity expressed as lactic acid. C. HALF-AND-HALF - Half-and-half is a product consisting of a mixture of milk and cream which contains not less than 10.5 per cent milkfat, C-1. SOUR HALF-AND-HALF OR CULTURED HALF-AND-HALF - Sour half-and-half or cultured half-and-half is fluid or semifluid half-and-half derived from the souring, by lactic acid producing bacteria or similar culture, of pasteurized half-and-half, which contains not less than 0.20 per cent acidity expressed as lactic acid. D. RECONSTITUTED, OR RECOMBINED MILK - Reconstituted, or recombined milk is a product which results from the recombining of milk constituents with water, and which complies with the standards for milkfat and solids -not -fat of milk as defined herein. D-1. RECONSTITUtTED, OR RECOMBINED MILK PRODUCTS - Reconstituted or recombined milk products shall mean milk or milk products defined in this section which results from the recombining of milk constituents with potable water. E. CONCENTRATED MILK - Concentrated milk is a fluid product, unsterilized and unsweetened, resulting from the removal of a considerable portion of the water from milk, which, when combined with potable water, results in a product conforming with the standards for milkfat and solids -not -fat of milk as defined above. E-1. CONCENTRATED MILK PRODUCTS - Concentrated milk products shall be taken to mean and to include homogenized concentrated milk, vitamin D concentrated milk, concentrated skim milk, fortified concentrated skim milk, concentrated milk beverage, concentrated skim milk beverage, and similar concentrated products made from concentrated milk or concentrated skim milk, and which, when combined with potable water in accordance with instructions printed on the container, conform with the definitions of the corresponding milk products in this section. F. 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 per cent. G. VITAMIN D MILK - Vitamin D milk is milk the vitamin D content of which has been increased by a method and in an amount approved by the health authority of the City of College Station. G-1, VITAMIN D MILK PRODUCTS - Vitamin D.milk products are milk products, the vitamin D content of which has been increased by an approved method to at least 400 U. S. P. units per quart. H. FORTIFIED MILK AND MILK PRODUCTS - Fortified milk and milk products are milk and milk products other than vitamin D milk and milk products, the vitamin and/or mineral content of which have been increased by a method and in an amount approved by the health authority. Ordinance No. 515 Page 3 L HOMOGENIZED MILK - Homogenized milk is milk which has been treated to insure breakup of the fat globules to such an extent than, after 48 hours of quiescent storage at 45°F. , no visible cream separation occurs on the milk, and the fat percentage of the top 100 milliliters of milk in a quart, or of proportionate volumes in containers of other sizes, does not differ by more than 10 per cent from the fat percentage of the re- maining milk as determined after thorough mixing. The word "milk" shall be interpreted to include homogenized milk. J. MILK OR SKIMMED MILK BEVERAGE - A. milk beverage or a skimmed milk beverage is a food compound or confection consisting of milk or skimmed milk as the case may be, to which has been added a syrup or flavor consisting of wholesome ingredients, K. FLAVORED MILK OR MILK PRODUCTS - Flavored milk or milk products shall mean milk and milk products as defined in this section to whi ch have been added a flavor and/or sweetener. L. BUTTERMILK - Buttermilk is the product which remains when fat is removed from milk or cream in the process of churning. It contains not less than eight per cent (8%) of milk solids -not -fat. M. CULTURED BUTTERMILK - Cultured buttermilk is the product resulting from the souring or treatment, by a lactic acid culture, of milk or milk products. It contains not less than eight per cent (8%) of milk solids -not -fat, and shall be pasteurized before adding the culture. N. ACIDIFIED MILK AND MILK PRODUCTS - Acidified milk and milk products are milk and milk products obtained by the addition of food grade acids to pasteurized cream, half-and-half, milk, or skim milk, resulting in a product acidity of not less than 0.20 per cent expressed as lactic acid. O. MILK PRODUCTS - Milk products include cream, light cream, coffee cream, table cream, whipping cream, light whipping cream, heavy cream, heavy whipping cream, whipped cream, whipped light cream, whipped coffee cream, whipped table cream, sour cream, cultured sour cream, half-and-half , sour half-and-half, cultured half-and-half, reconstituted or recombined milk and milk products, concentrated milk, concentrated milk products, skim milk, fortified milk and milk products, vitamin D milk and milk products, homogenized milk, flavored milk or milk products, buttermilk, cultured buttermilk, cultured milk, cultured whole milk buttermilk, and acidified milk and milk products. This definition is not intended to include such products as sterilized milk and milk products hermetically sealed in a container and so processed, either before or after sealing, as to prevent microbial spoilage, or evaporated milk, condensed milk, butter, ice cream and other frozen desserts, dry milk products (except as defined herein), or cheese except when they are combined with other substances to produce any pasteurized milk or milk product defined herein. Ordinance No, 515 Page 4 P. GRADE A DRY MILK PRODUCTS - Grade A dry milk products are milk products which have been produced for use in Grade A pasteurized milk products and which have been manufactured under the provisions of Grade A Dry Milk Products - Recommended Sanitation Ordinance and Code for Dry Milk Products Used in Grade A Pasteurized Milk Products, Q. OPTIONAL INGREDIENTS - Optional ingredients shall mean and include Grade A dry milk products, concentrated milk, concentrated milk products, flavors, sweeteners, stabilizers, emulsifiers, acidifiers, vitamins, minerals and similar ingredients, R. ADULTERATED MILK AND MILK PRODUCTS. - Any milk or milk product shall be deemed to be adulterated (1) if it bears or contains any poisonous or deleterious substance in a quantity which may render it injurious to health; (2) if it bears or contains any added poisonous or deleterious substance for which no safe tolerance has been established by State or Federal regulation, or in excess of such tolerance if one has been established; (3) if it consists, in whole or in part, of any substance unfit for human consumption; (4) if it has been produced, processed, prepared, packed, or held under insanitary conditions; (5) if its container is composed, in whole or in part, of any poisonous or deleterious substance which may render the contents injurious to health; or (6) if any substance has been added thereto or mixed or packed therewith so as to increase its bulk or weight or reduce its quality or strength, or make it appear better or of greater value than it is. R-1. MISBRANDED MILK AND MILK PRODUCTS - Milk and milk products are misbranded (1) when their container(s) bear or accompany any false or misleading written, printed or graphic matter; (2) when such milk and milk products do not conform to their definitions as contained in these specifications and requirements; and (3) when such products are not labeled in accordance with Section 4 of these specifications and requirements. S. PASTEURIZATION - The terms "pasteurization", "pasteurized", and similar terms shall mean the process of heating every particle of milk or milk product to at least 145°F. , and holding it continuously at or above this temperature for at least 30 minutes, or to at least 161°F, , and holding it continuously at or above this temperature for at least 15 seconds, in equipment which is properly operated and approved by the health authority: Provided, that milk products which have a higher milkfat content then milk and/or contain added sweeteners shall be heated to at least 150° F. , and held continuously at or above this temperature for at least 30 minutes, or to at least 166° F. , and held continuously at or above this temperature for at least 15 seconds, Provided further, That nothing in this definition shall be construed as barring any other pasteurization process which has been recognized by the United States Public Health Service to be equally efficient and which is approved by the State Department of Health. T. SANITIZATION - Sanitization is the application of any effective method or substance to a clean surface for the destruction of pathogens, and other organisms as far as is practicable. Such treatment shall not adversely affect the equipment, the milk or milk product or the health of consumers, and shall be acceptable to the health authority. X470 Ordinance No. 515 Page 5 U. MILK PRODUCER - A milk producer is any person who operates a dairy farm and provides, sells, or offers milk for sale to a milk plant, receiving station, transfer station, or an individual. V. MILK HAULER - A milk hauler is any person who transports raw milk and/or raw milk products to or from a milk plant, receiving or transfer station. W. MILK DISTRIBUTOR - A milk distributor is any person who offers for sale or sells to another any milk or milk products. X. HEALTH AUTHORITY - The health authority shall mean the City Health Committee or Brazos County Health Unit or its authorized representative. The term "Health Authority, " wherever it appears in this Ordinance shall mean the appropriate agency having jurisdiction and control over the matters embraced within this Ordinance. X-1. STATE HEALTH OFFICER - The term "State Health Officer" shall mean the State Department of Health of the State of Texas. Y. DAIRY FARM - A dairy farm is any place or premises where one or more cows or goats are kept, and from which a part or all of the milk or milk product(s) is provided, sold, or offered for sale to a milk plant, transfer station, receiving station, or an individual. Z. MILK PLANT AND/OR RECEIVING STATION - A milk plant and/or receiving station is any place, premises, or establishment where milk or milk products are collected, handled, processed, stored, pasteurized, bottled, or prepared for distribution. Z-1. TRANSFER STATION - A transfer station is any place, premises, or establishment where milk or milk products are transferred directly from one transport tank to another. AA, OFFICIAL LABORATORY - An official laboratory is a biological, chemical, or physical laboratory which is under the direct supervision of the State or a local health authority. BB, OFFICIALLY DESIGNATED LABORATORY - An officially designated laboratory is a commercial laboratory authorized to do official work by the supervising agency, or a milk industry laboratory officially designated by the supervising agency for the examination of producer samples of Grade A raw milk for pasteurization. CC. PERSON - The word "person" shall mean any individual, plant operator, partner- ship, corporation, company, firm, trustee, or association. DD. AND/OR - Where the term "and/or" is used, "and" shall apply where appropriate , otherwise "or" shall apply. Ordinance No, 515 Page 6 Section 2, Adulterated or Misbranded Milk or Milk Products - No person shall, within the municipality of College Station, or its police jurisdiction, produce, provide, sell, offer, or expose for sale, or have in possession with intent to sell any milk or milk product which is adulterated or misbranded: Provided, That in an emergency, the sale of pasteurized milk and milk products which have not been graded, or the grade of which is unknown, may be authorized by the health authority, in which case such products shall be labeled "ungraded". Any adulterated or misbranded milk or milk product may be impounded by the health authority and disposed of in accordance with applicable laws or regulations. Section 3. Permits - It shall be unlawful for any person who does not possess a permit from the health authority of the City of College Station to bring into, send into, or receive in the City of College Station or its police jurisdiction, for sale or to sell or offer for sale therein, or to have in storage any milk or milk products defined in this Ordinance : Provided, That, grocery stores, restaurants, soda fountains, and similar establishments where milk or milk products are served or sold at retail, but not processed, may be exempt from requirements of this section. Only a person who complies with the applicable requirements of this ordinance shall be entitled to receive and retain such a permit. Permits shall not be transferable with respect to persons and/or locations. The health authority shall suspend such permit, whenever he has reason to believe that a public health hazard exists; or whenever the permit holder has violated any of the requirements of this ordinance; or whenever the permit holder has interfered with the health authority in the performance of his duties: Provided, That the health authority shall, in all cases serve upon the holder a written notice of intent to suspend permit, which notice shall specify with particularity the violation(s) in question and afford the holder such reasonable opportunity to correct such violation(s) as may be agreed to by the parties, or in the absence of agreement, fixed by the health authority, before making any order of suspension effective. A suspension of permit shall remain in effect until the violation has been corrected to the satisfaction of the health authority. Upon written application of any person whose permit has been suspended, or upon application within 48 hours of any person who has been served with a notice or intention to suspend, the health authority shall within 72 hours proceed to a hearing to ascertain the facts of such violation or interference and upon evidence presented at such hearing shall affirm, modify, or rescind the suspension. Upon repeated violation(s), the health authority may revoke such permit following reasonable notice to the permit holder and an opportunity for a hearing. This section is not intended to preclude the institution of court action as provided in Sections 5 and 6. All persons, firms, corporations, or agents engaged in the production for sale, transportation, handling, serving, selling, or offering for sale of milk or milk products in the City of College Station, shall make application annually for a permit on forms supplied by the Health Officer, on or before the first (1st) day of July of each year, or Ordinance No. 515 Page 7 at such other times as a new dairy farm, milk plant, or place begins the production for sale, handling, serving, transportions, selling or offering for sale of milk and milk products in the City of College Station, and the applicant for such permit shall answer to the best of his or her knowledge all questions asked on such form, and at the time of making such application said applicant shall pay to the City of College Station or its agent receiving the same, the following fees, which shall be for one complete fiscal year from July first (1st) to June thirtieth (30th) both inclusive, any part thereof, to -wit: FEES: (a) If the applicant produces, hauls, receives or sells milk or milk products for pas- teurization or manufacturing purposes, but does not place same in final deliver container a fee of Five Dollars ($5. 00). (b) If the applicant processes or pasteurizes milk or milk products and places them in their final delivery container, a fee of One Hundred Dollars ($100, 00). (c) All permits provided herein may be obtained on a prorate basis. In the case that two or more of the above conditions exist the permit fee shall be based on the condition requiring the greatest fee. (d) All fees collected under the provisions of this ordinance shall be deposited to the General Fund Account of the City of College Station and shall be drawn upon the Director of Finance pursuant to appropriations duly made for the sole purpose of defraying the cost of enforcing the provisions of this ordinance, which cost shall include on the salaries and necessary expenses of the Sanitary Engineer, Supervisor of Milk Sanitation, Sanitarians, Sample Collectors, Bacteriologist -chemists, Technicians, Supervisors, Veterinarians, Auditors, Clerks, and Stenographers actually engaged in the enforcement of this ordinance, and the cost of such equipment and supplies as may be required in connection therewith. Section 4. Labeling - All bottles, containers, and packages enclosing milk and milk products defined in Section 1 of this ordinance shall be conspicuously labeled or marked with (1) the name of the contents as given in the definition in these specifications and requirements; (2) the word "reconstituted" or "recombined" if the product is made by reconstitution or recombination; (3) the grade of contents; (4) the word "pasteurized" if the contents are pasteurized and the identity of the plant where pasteurized; (5) the word "raw" if the contents are raw and the name or other identity of the producer; (6) the designation "vitamin D" and the number of U.S. P. units per quart in the case of vitamin D milk or milk products; (7) the volume of proportion of water to be added for recombining in the case of concentrated milk or milk products; (8) the words "non-fat milk solids added" and the percentage added if such solids have been added, except that this requirement shall not apply to reconstituted or recombined milk; (9) the words "artificially sweetened" in the name if non-nutritive and/or artificial sweeteners are used; and (10) the common name of stabilizers, distillates, and ingredients: Provided, That (a) only the identity of the milk producer shall be required on cans delivered to a milk plant which receives only Grade A raw milk for pasteurization, and which immediately dumps, washes, and returns the cans to the milk producer; (b) the identity of both milk producer and the grade shall be required on cans delivered to a milk plant which receives both Grade A raw milk for ° 01273 Ordinance No. 515 Page 8 pasteurization and ungraded raw milk, and which immediately dumps, washes, and returns the cans to the milk producers; (c) in the case of concentrated milk products, the specific name of the product shall be substituted for the generic term "concentrated milk products, " e. g. , "homogenized concentrated milk, " "concentrated skim milk, " "concentrated chocolate milk"; (d) in the case of flavored milk or flavored reconstituted milk, the name of the i principal flavor shall be substituted for the word "flavored, " and (e) in the case of cultured milk and milk products, the special type culture used may be substituted for the word "cultured, " e. g. , "acidophilus buttermilk, " "bulgarian buttermilk, " and "yogurt. " All vehicles and transport tanks contining milk or milk products shall be legibly marked wit the name and address of the milk plant or hauler in possession of the contents. Tanks transporting raw milk and milk products to a milk plant from sources of supply not under the routine supervision of the health authority are required to be marked with the name and address of the milk plant or hauler and shall be sealed; in addition, for each such shipment, a shipping statement shall be prepared containing at least the following information: (1) Shipper's name, address, and permit number (2) Permit number of hauler, if not employee of shipper (3) Point of origin of shipment (4) Tanker identity number (5) Name of product (6) Weight of product (7) Grade of product (8) Temperature of product (9) Date of shipment (10) Name of supervising health authority at the point of origin (11) Whether the contents are raw, pasteurized, or otherwise heat treated. Such statement shall be prepared in triplicate and shall be kept on file by the shipper, the consignee, and the carrier for a period of 6 months for the°information of the health authority. The labeling information which is required on all bottles, containers or packages of milk or milk products shall be in letters of an acceptable size, kind, and color satisfactory to the health authority and shall contain no marks or words which are misleading. Section 5. Inspection of Dairy Farms and Milk Plants.- Each dairy farm, milk plant, receiving station, and transfer station whose milk or milk products are intended for consumption within the City of College Station or its police jurisdiction shall be inspected by the health authority prior to the issuance of a permit. Following the issuance of a permit, each dairy farm and transfer station shall be inspected at least once every 6 months and each milk plant and receiving station shall be inspected at least once every 3 months. Should the violation of any requirements set forth in Section 7 be found to exist, a second inspection shall be required after the time deemed necessary to remedy.the violation, but not before 3 days; the reinspection shall be used to determine compliance with the requirements of Section 7. Any violation of the same requirement of Section 7 on such reinspection shall call for permit suspension in accordance with Section 3 and/or court action. 31274 Ordinance No, 515 Page 9 One copy of theinspection report shall be handed to the operator, or other responsible person, or be posted in a conspicuous place on an inside wall of the establishment. Said inspection report shall not be defaced and shall be made available to the health authority upon request. An identical copy of the inspection report shall be filed with the records of the health authority,, Every milk producer, hauler, distributor, or plant operator shall, upon request of the health authority, permit access of officially designated persons to all parts of his establishment or facilities to determine compliance with the provisions of this ordinance. A distributor or plant operator shall furnish the health authority upon request, for official use only, a true statement of the actual quantities of milk and milk products of each grade purchased and sold, and a list of all sources of such milk and milk products, records of inspections, tests, and pasteurization time and temperature records. It shall be unlawful for any person who in an official capacity obtains any information under the provisions of this ordinance which is entitled to protection as a trade secret ( including information as to quantity, quality, source or disposition of milk or milk products, or results of inspections or tests thereof ) to use such information to his own advantage or to reveal it to any unauthorized person. Section 6. The Examination of Milk and Milk Products - During any consecutive 6 months, at least four samples of raw milk for pasteurization shall be taken from each producer and four samples of raw milk for pasteurization shall be taken from each milk plant after receipt of the milk by the milk plant and prior to pasteurization. In addition, during any consecutive 6 months, at least four samples of pasteurized milk and at least four samples of each milk product defined in this ordinance shall be taken from every milk plant. Samples of milk and milk products shall be taken while in possession of the pro- ducer or distributor at any time prior to final delivery. Samples of milk and milk products from dairy retail stores, food service establishments, grocery stores, and other places where milk and milk products are sold shall be examined periodically as determined by the health authority; and the results of such examination shall be used to determing compliance with Sections 2, 4, 10. Proprietors of such establishments shall furnish the health authority, upon his request, with the names of all distributors from whom milk or milk products are obtained. Required bacterial counts and cooling temperature checks shall be performed on raw milk for pasteurization. In addition, antibiotic tests on each producer's milk or on commingled raw milk shall be conducted at least four times during any consecutive 6 months. When commingled milk is tested, all producers shall be represented in the sample. All individual sources of milk shall be tested when test results on the commingled milk are positive. Required bacterial counts, coliform determinations, phosphatase, and cooling temperature checks shall be performed on pasteurized milk and milk products. When a phosphatase test is positive, the cause shall be determined. Where the cause is improper pasteurization, it shall be corrected; and any milk or milk product involved shall not be offered for sale. Samples shall be analyzed at an official or appropriate officially designated laboratory. All sampling procedures and required laboratory examinations shall be in substantial com- pliance with the current Edition of Standard Methods for the Examination of Dairy Products 275 Ordinance No. 515 Page 10 of the American Public Health Association, and the current Edition of Official Methods of Analyses of the Association of Official Agricultural Chemists. Such procedures and examinations shall be evaluated in accordance with the methods of evaluating milk laboratories recommended by the United States Public Health Service. Examinations and test shall be conducted to detect adulterants, including pesticides, as the health authority shall require. Assays of vitamin D milk or milk products and/or fortified milk and milk products shall be made at least annually in a laboratory acceptable to the health authority. Section 7. Standards for Milk and Milk Products - All Grade A raw milk for pasteurization and all Grade A pasteurized milk and milk products shall be produced, processed, and pasteurized to conform with the following chemical, bacteriological, and temperature standards, and the sanitation requirements of this section. No process or manipulation other than pasteurization, processing methods integral therewith, and appropriate refrigeration shall be applied to milk and milk products for the purpose of removing or deactivating microorganisms. Chemical, Bacteriological, and Temperature Standards for Grade A Milk and Milk Products I. Grade A raw milk for pasteurization. A. Temperature - Cooled to 50° F. , or less and maintained thereat until processed. B. Bacterial limits - Individual producer milk not to exceed 100, 000 per ml. prior to commingling with other producer milk; Not exceeding 300, 000 per ml. as commingled milk prior to pasteurization. C. Antibiotics - No detectable antibiotic residues. II. Grade A pasteurized milk and milk products (except cultured products). A. Temperature - Cooled to 45° F. , or less and maintained thereat. B. Bacterial limits - Milk and milk products - 20, 000 per ml. C. Coliform limit - Not exceeding 10 per ml. D. Phosphatase - Less than 1 ug. per ml. by Scharer *Rapid Method (or equivalent by other means' III. Grade A pasteurized cultured products. A. Temperature - Cooled to 45° F. , or less and maintained thereat. B. Coliform limit - Do. C. Phosphatase - Do. D. Bacterial limits - Exempt. 01276 Ordinance No. 515 Page 11 Sanitation Requirements for Grade A Raw Milk for Pasteurization ITEM 1r. Abnormal Milk - Cows which show evidence of the secretion of abnormal milk in one or more quarters, based upon bacteriological, chemical, or physical examination, shall be milked last or with separate equipment; and the milk shall be discarded. Cows treated with, or cows which have consumed chemical, medicinal, or radioactive agents which are capable of being secreted in the milk and which, in the judgement of the health authority, may be deleterious to human health, shall be milked last or with separate equipment, and the milk disposed of as the health authority may direct. ITEM 2r. Milking Barn, Stable or Parlor -Construction - A milking barn, stable, or parlor shall be provided on all dairy farms in which the milking herd shall be housed during milking time operations. The areas used for milking purposes shall (1) have floors constructed of concrete or equally impervious material; (2) have walls and ceilings which are smooth, painted or finished in an approved manner, in good repair, ceiling dusttight; (3) have separate stalls or pens for horses, calves, and bulls; (4) be provided with natural and/or artificial light, well distributed for day and/or night milking;(5) provide sufficient air space and air circulation to prevent condensation and excessive odors; (6) not be overcrowded; and (7) have dusttight covered boxes or bins, or separate storage facilities for ground, chopped, or concentrated feed, ITEM 3r. Milking Barn, Stable, or Parlor -Cleanliness - The interior shall be kept clean. Floors, walls, windows, pipelines, and equipment shall be free of filth and/or litter, and shall be clean. Swine and fowl shall be kept out of the milking barn. ITEM 4r. Cowyard - The cowyard shall be gradedand drained and shall have no standing pools of water or accumulations of organic wastes: Provided, That in loafing or cattle - housing areas, cow droppings and soiled bedding shall be removed, or clean bedding added, at sufficiently frequent intervals to prevent the soiling of the cow's udder and flanks. Waste feed shall not be allowed to accumulate. Manure packs shall be properly drained and shall provide a reasonable firm footing. Swine shall be kept out of the cowyard. ITEM 5r. Milkhouse or Room -Construction and Facilities - A milkhouse or room of sufficient size shall be provided, in which the cooling, handling, and storing of milk and the washing, sanitizing, and storing of milk containers and utensils shall be conducted. The milkhouse shall be provided with a smooth floor constructed of concrete or equally impervious material graded to drain and maintained in good repair. Liquid waste shall be disposed of in a sanitary manner; all floor drains shall be accessible and shall be trapped if connected to a sanitary sewer system. The walls and ceilings shall be constructed of smooth material, in good repair, well painted, or finished in an equally suitable manner. The milkhouse shall have adequate natural and/or artificial light and be well ventilated. The milkhouse shall be used for no other purpose than milkhouse operations; there shall be no direct opening into any barn, stable, or into a room used for domestic .purposes: Provided, That a direct opening between the milkhouse and milking barn, stable permitted when a tight -fitting, self-closing solid door(s) hinged to be single or provided. or is ting is Ordinance No.515 Page 12 Water under pressure shall be piped into the milkhouse. The milkhouse shall be equipped with a two-compartment wash vat and adequate hot water heating facilities. When a transportation tank is used for the cooling and storage of milk on the dairy farm, such tank shall be provided with a suitable shelter for the receipt of milk. Such shelter shall be adjacent to, but not a part of the milkroom and shall comply with the requirements of the milkroom with respect to construction, light, drainage, insect and rodent control, and general maintenance. ITEM 6r. Milkhouse or Room -Cleanliness - The floors, walls, ceilings, windows, tables, shelves, cabinets, wash vats, non -product contact surfaces of milk containers, utensils, and equipment, and other milkroom equipment shall be clean. Only articles directly related to milkroom activities shall be permitted in the milkroom. The milkroom shall be free of trash, animals, and fowl. ITEM 7r. Toilet - Every dairy farm shall be provided with one or more toilets, conveniently located and properly constructed, operated, and maintained in a sanitary manner. The waste shall be inaccessible to flies and shall not pollute the soil surface or contaminate any water supply. ITEM 8r. Water Supply - Water for milkhouse and milking operations shall be from a supply properly located, protected, and operated, and shall be easily accessible, adequate, and of a safe, sanitary quality. ITEM 9r. Utensils and Equipment -Construction - All multiuse containers, equipment, and utensils used in the handling, storage, or transportation of milk shall be made of smooth, nonabsorbent, corrosion -resistant, nontoxic materials, and shall be so constructed as to be easily cleaned. All containers, utensils, and equipment shall be in good repair. All milk pails used for hand milking and stripping shall be seamless and of the hooded type. Multiple -use woven material shall not be used for straining milk. All single -service articles shall have been manufactured, packaged, transported, stored, and handled in a sanitary manner and shall comply with the applicable requirements of Item 11p of this section. Articles intended for single -service use shall not be reused. Farm holding/cooling tanks, welded sanitary piping, and transportation tanks shall comply with the applicable requirements of Items 10p and llp of this section. ITEM 10r, Utensils and Equipment -Cleaning - The product -contact surfaces of all multi- use containers, equipment, and utensils used in the handling, storage, or transportation of milk shall be cleaned after each usage. ITEM 11r, Utensils and Equipment -Sanitization - The product -contact surfaces of all multiuse containers, equipment, and utensils used in the handling, storage, .or transportation of milk shall be sanitized before each usage. ITEM 12r, Utensils and Equipment -Storage - All containers, utensils, and equipment used in the handling, storage, or transportation of milk, unless stored in sanitizing solutions, shall be stored to assure complete drainage, and shall be protected from contamination prior to use Ordinance No. 515 Page 13 ITEM 13r. Utensils and Equipment -Handling - After sanitization, all containers, utensils, and equipment shall be handled in such manner as to prevent contamination of any product -contact surface. ITEM 14r. Milking -Flanks, Udders, and Teats - Milking shall be done in the milking barn, stable, or parlor. The flanks, udders, bellies, and tails of all milking cows shall be free of visible dirt. All brushing shall be completed prior to milking. The udders and teats of all milking cows shall be cleaned and treated with a sanitizing solution just prior to the time of milking, and shall be relatively dry before milking. Wet hand milking is prohibited. ITEM 15r. Milking-Surcingles, Milk Stools, and Antikickers - Surcingles, milk stools, and antikickers shall be kept clean and stored above the floor. ITEM 16r. Milking -Transfer and Protection of Milk - Each pail or container of milk shall be transferred immediately from the milking barn, stable, or parlor to the milkhouse. No milk shall be strained, poured, transferred, or stored unless itis properly protected from contamination. ITEM 17r. Personnel -Hand -Washing Facilities - There shall be provided adequate hand -washing facilities, including running water, soap or detergent, and individual sanitary towels, in the milkhouse, and in or convenient to the milking barn, stable, or parlor. ITEM 18r. Personnel -Cleanliness - Hands shall be washed clean and dried with an individual sanitary towel immediately before milking, before performing any milkhouse funbtion, and immediately after the interruption of any of these activities. Milkers and milk haulers shall wear clean outer garments while milking or handling milk, milk containers, utensils, or equipment. ITEM 19r. Cooling - Raw milk for pasteurization shall be cooled to 50° F. or less within 2 hours after milking and shall be maintained at that temperature until delivered. ITEM 20r. Vehicles - Vehicles used to transport milk in cans from the dairy farm to the milk plant or receiving station shall be constructed and operated to protect their contents from sun, freezing, and contamination. Such vehicles shall be kept clean, inside and out; and no substance capable of contaminating milk shall be transported with. milk. ITEM 21r. Insect and Rodent Control - Effective measures shall be taken to prevent the contamination of milk, containers, equipment, and utensils by insects and rodents, and by chemicals used to control such vermin. Milkrooms shall be free of insects and rodents. Surroundings shall be kept neat, clean, and free of conditions which might harbor or be conducive to the breeding of insects and rodents. Sanitation Requirements for Grade A Pasteurized Milk and Milk Products A receiving station shall comply with items 1p to 15p, inclusive, and 17p, 20p, and 22p, except that the partitioning requirement of item 5p shall not apply. Ordinance No. 515 Page 14 A transfer station shall comply with items 1p, 4p, 6p, 7p, 8p, 9p, 10p, 11p, 12p, 14p, 15p, 20p, and 22p; and as climatic and operating conditions require, the applicable provisions of items 2p and 3p: Provided, That in every case, overhead protection shall be provided. Facilities for the cleaning and sanitizing of bulk transport tanks shall comply with items 1p, 4p, 6p, 7p, 8p, 9p, 10p, 11p, 12p, 14p, 15p, 20p, and 22p; and as climatic and operating conditions require, the applicable provisions of items 2p and 3p: Provided, That in every case, overhead protection shall be provided. ITEM 1p. Floors -Construction - The floors of all rooms in which milk or milk products are processed, handled, or stored, or in which milk containers, equipment, and utensils are washed, shall be constructed of concrete or other equally impervious and easily cleaned materials; and shall be smooth, properly sloped, provided with trapped drains, and kept in good repair: Provided, That cold -storage rooms used for storing milk and milk pro- ducts need not be provided with floor drains when floors are sloped to drain to one or more exits: Provided further, That storage rooms for storing dry ingredients and/or packaging materials need not be provided with drains: and the floors may be constructed of tightly joined wood. ITEM 2p. Walls and Ceilings -Construction - Walls and ceilings of rooms in which milk or milk products are handled, processed, or stored, or in which milk containers, utensils, and equipment are washed, shall have a smooth, washable, light-colored surface, in good repair. ITEM 3p. Doors and Windows - Effective means shall be provided to prevent the access of flies and rodents. All openings to the outside shall have solid doors or glazed windows which shall be closed during dusty weather. ITEM 4p. Lighting and Ventilation - All rooms in which milk and milk products are handled, processed, or stored and/or in which milk containers, equipment, and utensils are washed shall be well lighted and well ventilated. ITEM 5p. Separate Rooms - There shall be separate rooms for (1) pasteurizing, processing, cooling, and packaging; and (2) cleaning of milk cans and bottles. In addition, plants receiving milk in bulk transport tanks shall provide for cleaning and sanitizing facilities. Unless all milk and milk products are received in bulk transport tanks, a receiving room, separate from rooms (1) and (2) above, shall be required. Rooms in which milk or milk products are handled, processed, or stored, or in which milk containers, utensils, and equipment are washed or stored, shall not open directly into any stable or any room used for domestic purposes. ITEM 6p. Toilet -Sewage Disposal Facilities - Every milk plant shall be provided with toilet facilities conforming with the Ordinances of the city. Toilet rooms shall not open directly into any room in which milk and/or milk products are processed. Toilet rooms shall be completely enclosed and shall have tight -fitting, self-closing doors. Dressing rooms toilet rooms, and fixtures shall be kept in a clean condition, in good repair, ;and shall be well ventilated and well lighted. Sewage and other liquid wastes shall be disposed of in a sanitary manner. 012 DIY Ordinance No. 515 Page 15 ITEM 7p. Water Supply - Water for milk plant purposes shall be from a supply properly located, protected, and operated and shall be easily accessible, adequate, and of a safe, sanitary quality. ITEM 8p. Hand -washing Facilities - Convenient hand -washing facilities shall be provided, including hot and cold and/or warm running water, soap, and individual sanitary towels or other approved hand -drying devices. Hand -washing facilities shall be kept in a clean condition and in good repair. ITEM 9p. Milk Plant Cleanliness -All rooms in which milk and milk products are handled, processed, or stored, and/or in which containers, utensils, or equipment are washed or stored, shall be kept clean, neat, and free of evidence of insects and rodents. Pesticides shall be safely used. Only equipment directly related to processing operations or to handling of containers, utensils, and equipment shall be permitted in the pasteurizing, processing, cooling, packaging, and bulk milk storage rooms. ITEM 10p. Sanitary Piping - All sanitary piping, fittings, and connections which are exposed to milk and milk products, or from which liquids may drip, drain, or be drawn into milk or milk products, shall consist of smooth, impervious, corrosion -resistant, nontoxic, easily cleanable material. All piping shall be in good repair. Pasteurized milk and milk products shall be conducted from one piece of equipment to another only through sanitary piping. ITEM 11p. Construction and Repair of Containers and Equipment - All multiuse containers and equipment with which milk or milk products come into contact shall be of smooth, impervious, corrosion -resistant, nontoxic material; shall be constructed for ease of cleaning; and shall be kept in good repair. All single -service containers, closures, gaskets, and other articles with which milk or milk products come in contact shall be nontoxic, and shall have been manufactured, packaged, transported, and handled in a sanitary manner. Articles intended for single -service use shall not be reused. ITEM 12p. Cleaning and Sanitizing of containers and equipment - The product -contact surfaces of all multiuse containers, utensils, and equipment used in the transportation, processing, handling and storage of milk and milk products shall be effectively cleaned and shall be sanitized before each use. ITEM 13p. Storage of cleaned containers and equipment - After cleaning, all multiuse milk or milk product containers, utensils, and equipment shall be transported and stored to assure complete drainage, and shall be protected from contamination before use. ITEM 14p. Storage of Single -Service Containers, Utensils and Materials - Single -service caps, cap stock, parchment paper, containers, gaskets, and other single -service articles for use in contact with milk and milk products shall be purchased and stored 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 15p. Protection from Contamination - Milk plant operations, equipment, and facilities shall be located and conducted to prevent any contamination of milk or milk products, ingredients, equipment, containers, and utensils. All milk or milk products Ol2Si Ordinance No. 515 Page 16 or ingredients which have been spilled, overflowed, or leaked shall be discarded. The processing or handling of products other than milk and milk products in the pasteurization plant shall be performed to preclude the contamination of such milk and milk products. ITEM 16p. Pasteurization - Pasteurization shall be performed as defined in Section 1, Definition (5), of this ordinance. ITEM 17p. Cooling of Milk - All raw milk and milk products shall be maintained at 50°F. or less until processed. All pasteurized milk and milk products, except those to be cultured, shall be cooled immediately in approved equipment to a temperature of 45°F. or less. All pasteurized milk and milk products shall be stored at a temperature of 45°F. or less and be maintained thereat until delivered. Every room or tank in which milk or milk products are stored shall be equipped with an acurate thermometer. ITEM 18p. Bottling and Packaging - Bottling and packaging of milk and milk products shall be done at the place of pasteurization in approved mechanical equipment. ITEM 19p. Capping - Capping or closing of milk and milk product containers shall be done in a sanitary manner by approved mechanical capping and/or closing equipment. The cap or closure shall protect the pouring lip to at least its largest diameter. ITEM 20p. Personnel -Cleanliness - Hands shall be thoroughly washed before commencing plant functions and as often as may be required to remove soil and contamination. No employee shall resume work after visiting the toilet room without thoroughly washing his hands. All persons engaged in the processing, pasteurization, handling, storage, or transportation of milk, milk products, containers, equipment, and utensils shall wear clean outer garments. The use of tobacco by any person engaged in the processing of milk or milk products is prohibited. ITEM 21p. Vehicles - All vehicles used for transportation of pasteurized milk and milk products shall be constructed and operated so that the milk and milk products are maintained at 450F. or less, and are protected from sun, from freezing, and from contamination. ITEM 22p. Surroundings - Milk plant surroundings shall be kept neat, clean, and free from conditions which might attract or harbor flies, other insects and rodents, or which otherwise constitute a nuisance. Section 8. Animal Health - All milk for pasteurization shall be from herds which are located in a Modified Accredited Tuberculosis Area as determined by the U. S. Department of Agriculture: Provided, That herds located in an area that fails to maintain such accredited status shall have been accredited by said Department as tuberculosis free, or shall have passed an annual tuberculosis test. All milk for pasteurization shall be from herds under a brucellosis eradication program which meets one of the following conditions: 1. Located in a Certified Brucellosis -Free area as defined by the U. S. Department of Agriculture and enrolled in the testing program for such areas; or 2. Located in a Modified Certified Brucellosis Area as defined by the U. S. Department of Agriculture and enrolled in the testing program for such areas; or 3. Meet U. S. Department of Agriculture requirements for an individually cxrtified herd; o Ordinance No. 515 Page 17 4. Participating in a milk ring testing program which is conducted on a continuing basis at intervals of not less than every 3 months or more than every 6 months, with individual blood tests on all animals in herds showing suspicious reaction to the milk ring test; or 5. Have an individual blood agglutination test annually with an allowable maximum grace period not exceeding 2 months. For diseases other than brucellosis and tuberculosis, the health authority shall require such physical, chemical, or bacteriological tests as he deems necessary. The diagnosis of other diseases in dairy cattle shall be based upon the findings of a licensed veterinarian or a veterinarian in the employ of an official agency. Any diseased animal disclosed by such test(s) shall be disposed of as the health authority directs. Section 9. Milk and Milk Products Which May Be Sold - From and after the date on which this ordinance is adopted, only Grade A milk and milk products shall be sold to the final consumer, or to restaurants, soda fountains, grocery stores, or similar establishments: Provided, That in an emergency, the sale of pasteurized milk and milk products which have not been graded, or the grade of which is unknown, may be authorized by the health authority; in which case, such milk and milk products shall be labeled "ungraded". Section 10. Transferring; Delivery Containers; Cooling - Except as permitted in this section, no milk producer or distributor shall transfer milk or milk products from one container or tank truck to another on the street, in any vehicle, store, or in any place except a milk plant, receiving station, transfer station, or milkhouse especially used for that purpose. The dipping or ladling of milk or fluid milk productsis prohibited. It shall be unlawful to sell or serve any milk or fluid milk product except in the individual, original container received from the distributor, or from an approved bulk dispenser: Provided, That this requirements shall not apply to milk for mixed drinks requiring less than one-half pint of milk, or to cream , whipped cream, or half-and-half which is consumed on the premises and which may be served from the original container of not more than one-half gallon capacity, or from a bulk dispenser approved for such service by the health authority. It shall be unlawful to sell or serve any pasteurized milk or milk product which has not been maintained at a temperature of 450F. or less. If containers of pasteurized milk or milk products are stored in ice, the storage container shall be properly drained. 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 inspection of the City of College Station, or its police jurisdiction may be sold in the City of College Station, or its police jurisdiction, provided they are produced and pasteurized under regulations which are substantially equivalent to this Ordinance and have been awarded an acceptable milk sanitation compliance and enforcement rating made by a State Milk sanitation rating officer certified by the U. S. Public Health Service. Section 12. Future Dairy Farms and Milk Plants - Properly prepared plans for all milk houses, milking barns, stables and parlors, transfer stations, receiving stations, and milk plants regulated under this Ordinance which are hereafter constructed, reconstructed, ox extensively altered, shall be submitted to the health authority for written approval before work is begun. Ordinance No. 515 Page 18 Section 13. Personnel Health - No person affectedwith any disease in a communicable form, or while a carrier of such disease, shall work at any dairy farm or milk plant in any capacity which brings him into contact with the production, handling, storage, or transportation of milk, milk products, containers, equipment, and utensils; and no dairy farm or milk plant operator shall employ in any such capacity any such person, or any person suspected of having any disease in a communicable form, or of being a carrier of such disease. Any producer or distributor of milk or milk products, upon whose dairy farm, or in whose milk plant any communicable disease occurs, or who suspects that any employee has contracted any disease in a communicable form, or has become a carrier of such disease, shall notify the health authority immediately. Section 14. Procedure When Infection is Suspected - When reasonable cause exists to suspect the possibility of transmission of infection from any person concerned with the handling of milk and/or milk products, the health authority is authorized to require any or all of the following measures: (1) the immediate exclusion of that person from milk handling; (2) the immediate exclusion of the milk supply concerned from distribution and use; and (3) adequate medical and bacteriological examination of the person, of his associates, and of his and their body discharges. Section 15. Enforcement Interpretation - This ordinance shall be interpreted, applied and enforced in accordance with the applicable interpretations contained and set forth in the 1965 Edition of the United States Public Health Service Pasteurized Milk Ordinance. When this ordinance has been adopted locally, it shall be interpreted, applied and enforced by the city health officer in accordance with the above, and a certified copy of the 1965 Edition of the United States Public Health Service Pasteurized Milk Ordinance shall be on file in the city clerk's office. Section 16. Penalty - Any person who shall violate any of the provisions of this ordinance shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not more than $25. 00 and/or such persons may be enjoined from continuing such violations. Each day upon which such a violation occurs shall constitute a separate violation. Section 17. Repeal and Date of Effect - All ordinances and parts of ordinance in conflict with this ordinance shall be repealed after the adoption of this ordinance, at which time this ordinance shall be in full force and effect, 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 this ordinance shall not be affected thereby. PASSED AND APPROVED this 27th day of March, 1967. ATTEST: G?4a yak City Secretary APPROVED: Mayor (4046th2 1:494 REFERENCE ADDITION TO ORDINANCE NO. 515 Senate Bill 315 Effective May 15, 1979 SB 315. Prohibit City Milk Inspecton Fees. Amends Article 165-3, V.T.C.S., to centralize all inspection authority in the Texas State Department of Health; permits cities to continue to test and inspect milk and milk products, but prohibits the imposition of municipal fees or charges in conjunction. 01295