1197 ORD DEFINING "MILK" AND CERTAIN "MILK PRODUCTS".,r..
" ~ .'t
ORDITd:LN!'::;:, 'BER
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T T tt~LK't C ;RT~lIi~ „":y
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AT` OR~)I.~N,,
FI30DU ; TS°' "'~rtIL{ PRODL'C LR" , 1'Pai3~'E~UI ~ ATI ON" ,"A-
DULTER~.T ~ T:'.ILK A.J TJIILK F'~010UCT3-1,„L`AIRY OR D°,IIRY
FARC,~~?* ,"MILY FL iT 2„ , ETC.; P R O HiBI T IltiG a~ ~ 0~'
ADULTE,RATE'D A D ILK A:-~D) F R O ll L aCIT13,
F.:~4;~U.iRI?`~~ T F ERtixIT~ FO:R THE 0~ T.iILK riw`1.; il IL:~
PRODUCT~_5 I REGtJZATINJ I3rjCT10NS OF DAIRY Fri:'!;iS
,a~,TD Tt:~ILKPL_~:'erI'S, TH..~ IfL~IINri`'IC.v1_9 ~-iAZDI-N-a, LxBEL-
I~'G, PZ1~~"A:EdllIT~ PAJTEt~~ZIliTOIV ~~I~-
TRI~'-Li_;'I'IOI\T1~J~ :~t~Z„~ OF ~+:~LK ~.~iII.~n ~'-tOilU0,TS, FRO~TIll-
1iT:~ FOR ~ PU:~LISI-TING 0F ,;'ILY r!-{?D.~-~ .~2~~ 'I'r.i ~ C ON-
~T'lU'~.' 01T 0=+ ~'U'T'LT ~E D."~I~RI_! S~1~vi~ T4;IL"'r:i. PLA1v 1'S ; rRC JI'~~ING
FO~-; T:~:~, 0F 'I`HI3 ORJITv _~U1~'3.~.t~ THE
PEvALmY 70-l' VIOLATiON HEREOF; Ai:J RErEf=''~ = ORDIN_="diCE
1082 riLL C`fHL'R ORDI'_~~A?~:~ 01t RT3 QF ORDIT`,T,A.iiCES
Iiv CO i+ZIGT HliR"~:fiTH:
BE IT ORDAIIET_ED BY THL CITY COLTY, CIL 4I'' CI~i'Y 0'i' PARI
Section 1. Definitions. '1'he followin~< def-
initions shall apply in the interpr°tation and the en-
forcement of this ordin:.nce:
A. Nlilk. ~i!*Iilk is hereby definec3 to be the
lacteal secretion obtain_;d by the complete railkins,, of
one or more healthy cows, excluding that obt:ained with-
in 15 days before and 5 days after calving, or such
longer period as may be necessary to reiader the milk
practically colostrum fr°e; which contains not less
than eight (8%) per cent of milk solids not fat, and
not less than three and one-fourth (34%) per cent oY
milk fat.
B. 1vLilk fat or butter fat. la.ilk fat or
butter fat is the fat of milk.
C. Cream and sour cream. Cream is a portion
of milk which contains not less than eighteen (18~'o) per
cent milk fat. Sour cream is cream the acidity of which
is more than tv,;enty one-huridredths (0.20;0) per cent,
exnressed as lactic acid. Cream havin; less than thirty
(30) per cent of milk fat shall be knoi~vn as light cream.
Cream having thirty (30%) per cent milk fat shall be
knot,,Jn as heavy cream. Cream having forty per cent or
more milk fat shall be knovm as extra heavy cream. Coffee
cream shall be synonymous with light cream. Whipping
cream ia creatrl containing not less than tYairty (30';~0) per
cent milk fat.
D. 5kinmed milk. Skimned milk is milk f'rom
which a suf'f'icient portion of milk fat has been removed
to reduce its milk-fat nercentage to less than three and
one-fourth (340) per cent.
E. Milk or skimmed-milk beverage. A milk
beverage or a skimmed-milk bevera7e is a food compound
or confection consisting of milk or skira.med milk, as the
case may be, to which hras been added a sirup or flavor
consisting of wholesoffie ingredients.
F. Buttermilk. Buttermilk is a product re-
sulting from the ehurnznr, of milk or crearn, or frcm the
sourin-g or treatment b,y a lactic acicl or other eultuz°e
of milk, skimmed milk, reconstituted skimmed -qiilk,
evaporated or condensed milk or skimmed milk, or milk or
skimraed-milk powder. It contains not less than eight
(8%) per cent of milk solids ?iot fat.
G. Vitamin D I~Zilk. Vitamin D m;~lk is milk
the Vitam D content of which ahs been increased by a
nethod and in an amount aprroved by the health officer.
E. Reconstituted or Recombined milk and cream..
Reconsti-tuted or recombined milk is a product resulting
fram the recombining of milk constituents vaith water, and
wh3.ch complies with the standards for Eiilk fat and solids
not fat of milk as dei'ined hereiri. Reconstituted or re-
combined cream is a product resultin; from the combination
of dried eream, butter, or butter fat tivith crea..m, milk,
skimmed milk, or vvater.
I. Goat milk. Goat milk is tre lacteal
secretion, free from solostrum, obtained by the complete
milking of healthy goats, and shall comply with all the
requirements of this ordinance. The word "cvws" shall be
interpreted to include goats.
J. Homo-enized milk. Homogenized milk is
mil~. vahich has been treated in suc11 manner .s to insure
break-up of the fat globules to 3uch an extent that after
48 hours' storage no visible cream separation occurs
on the milk and the fat percentage of the top 100 ec.
of milk in a quart bottle , or of proportionate volume
in eontainers of other sizes, does not differ by more
than five (5°'0) per cent of itself from the fat percentage
of the rerriaining milk as determined after thorough
mixing.
K. 11ilk products. Milk -oroaucts shall be
taken to mean and include cream, sour cream, homogenized
milk, goat milk, vitamin D milk, butter rlilk, skimctied
milk, reconstituted or recomb;.ned milk and cream, milk
beverages an:: s~~-immed-milk bever~~e,",, and any other
product made by the addition of any substance to milk or
any of these products arid used for similar purposes and
designated as a milk product by the health of'ficer.
Z,. Pasteurization. The terms tPasteurization',
tPateurized', and similar terms shall be taken to ref er
to the process of heating every particle of mlilk or
milk products to at least 143 degrees F., and holding at
sueh temperature for at least 30 ninutes, in pasteurization
apparatus approved by the State Health Officer, or to
at least 160 degrees F., and holding at such temperature
for at least 15 secon:;.s in apparatus designed and operat-
ed in aecordance :,jith specif ications approved b3r the
State Health Officer; providFYd, that nothing contained
in this definition shall ce aonstrued as dis-barring
any other process which has been demonstrated to be
equally efficient and is approved by the State health
authority.
M. Adulterated milk and milk s=lroducts. An.y
milk or milk product which contains any unwholesome
substance, or which if defined in this ordinance does
not conform v,ith its definition, or which cRrries a
grade label unless such gracte label has been awarded by
the healtb. officer and not revoked, shall be deemed
adulterated and misbranded.
N. Milk Producer. A milk producer is any
person who owns or controls one or more cows, a part or
all of the milk or milk products from which is sold or
oPfered for sale.
0. Milk distributor. A milk disttibutor is
any person who offers for sale or sells to another milk
or milk products f or human consumption as such.
p. Dairy or dairy farm. A dairy or dairy farm
is any premises cows
a part
is sold or oPfered f or sale.
Q. Milk plant. A milk plant is any place or
preraises or establishment ?tahere milk or milk products
are collected, handled, processed, stored, bottled,
pasteurized, r prepared for distribution.
R. Health Officer. The term health officer"
shall mean the Health Officer of the City of Paris,
Texas, or his authorized regresentative.
S. Average bacterial plate count, dircct
microscopic count, reduction time, and coolinq
tenperature. Average baeterial plate count and average
direct microscopic eount shall be taken to mean the
logarith:ric aver•age, and average reduction time and
average cooling temperature shall be taken to mean the
arith.,-aetic average, of the respectiTTe r--sults of the last
four consecutive samples, taken upon separate days,
irrespective of the regrading.
shall
T. Grading period g be such period of time as the health officer may designate
within ivhich gradea shall be deternlined for all milk and
milk products, provided that the grading period shall in
no case exceed 6 months.
U. Yerson. The word '?person" as used in this
ordinance shall mean "person, firm, corporation, or
association".
V. And/or. `r'lhen the term "and/or" is used,
t'and" shall apply where possible, otherwise "or" shall
apply.
Section 2. The sale of adulterated, misbranded,
or ungradedmilk or milk products prohibited.
No person shall within the City of Paris, Texas,
or its police jurisdiction, r_,roduce, sell, offer, or
expose for sale, or have in possession with inten.t to
sell, any milk or milk nroduct which is adulterated,
misbranded, or ungraded. lt shall be urilawf ul for any
person, elsewhere than in a private home, to have in
possession any adulterated, misbranded, or ungraaed
milk or milk products.
Section 3. Permits.
It shall be unlawful for any person, firm.,
association or cor.poration to bring into or receive into
the City of Paris, Texas, or its poli.ce jurisdiction,
for sale, or to sell, or offer for sale therein, or to
have in storage where milk or milk products are sold, or
served, any milk, or milk pro,aucts, defined in this
ordinance, who does not possess a permit in writing there-
for issued by the Health Officer of the City of Paris,
Texas, as provided herein, and on whose vehicle there
does not appear in a conspicuous place the permit number
inPigures at least three (3) inehes high as required by
Item 26r and Item 23p of Section 7 of this ordinance.
Only a person who complies with the requiremtnts
of t'As ordinance shall be entitled to receive and retain
such a permit.
(a) Application for permit. A11 applications
for suc-_ permits shall be in -writing and upon such forma
as are prescrited and i'urnished by the health off icer
and shall set forth, among other things, the following:
The name of the applicant; the nature of the business;
the location of the business; and such other information
as may be required by the health officer.
(b) lnvestigation of the applicant. Jpon
reeeiving such application, the health officer shall
make, or cause to be ma.de, an inspection of the premises
and an investi7ation of the method and conduct oy the
applicant's business, and in the event the conditions
of the said preinise-t and the cond uct of the business
complies with all of the sanitar,, law3 of the State of
Texas as well as the requiremeats of all sanitary
ordinanees of the City of Paris, and the Tegas 3tate
Department of Public Health rules and regulations
governing sanitation and protection of publie health
and reFrulating and controlling the sale of products
named herein, the health oPficer shall approve such
application.
(c) Issuance of permit. A permit in writing
shall be issued the applicant when the applicant has
complied with the requirements of all laws, rules and
regulations governing sanitation and protection of
public health, an3 has furnished sutisfactory nroof of
such future compliance, and the ]~er:nit is to continue
in full force and effect from the time issued until
caneelled or revoked for cause by the State health Officer
or his representative and shall not be transferable,
and a failure in compliance with any orainance, general
law or rule and regulation of the Texas State Department
of Health shall be deeraad cause. Said permit shall be
displayed at all times in a conspicuous place within the
place of business f'or which the permiit nas been issued.
(d) Revocation of Derrait. The health oPficer
may revoke or suspend any permit issued under the terms
of this ordinance whenever it shall appear to him that
the permztee has violated any sanitary I2w of the State
of Texas or any sanitary ordinance of the City of Paris,
Texas, or has altered or changed the conditions, existing
on or at his premises at tile tii-fie the pertnit was granted,
so as to lessen, in aily ctegree, the compliance with the
provisions of this ordinance, or in any emergency when
in the judgment of the health officer the milk or milk
products in question has become a public menace. After
such permit shall have been revoked it sha11 not be re-
newed until the sanitary defects in question shall have
been remedied to the satisfaetion of the health ofPicer,
but in any event, the perrait shall not be reissued
before the expiration of fourteen (14) days after the
rearocation. Provided, that the holder of saic)," pernit
shall, after conplying tivith sucb_ revocation, have the
right to appeal to the City !'vian-ager for immediate
reinst.tement.
(e) Appeals. The holder of any permit whose
permit has been revolced under the applicable provisions
of Section (d), or any other provision of this ordinance,
shall have the right to az,peal to the J'ity lianager con-
cerning any action of the health offic&r witi, reference
to revocation or suspension, and if the determination
of tlze health of-ficer is sustained by the City LZanager,
shall have the rif;ht of appeal to the ~it; Council uron pror~~t
filin~ oi e,ticen~iotis to the determin~ttiori of the City ~~~~anager,
and the Cit:7 Mianager srall ?n 3ucVi. ca,3e file a -~Uritten rePort
tivit'1 tri~ "~ity CounCil.
(f) Inspectioii fe°s. ~U1 ,;.ilk pa_:teurizin;- plants
and rav; milk distributor3 holdin~; pernits and oubject to in-
spection provided for in tliis ordiriance s'riall ray the follo,^rine;
inspectio?l fees, v;:_ich s.hali be collect:;d by the Cit;yT of T'aris
upon the basis of a-svaorn montl-ily re,-~ort to be by tYle
perrAiit rolder at the close of business on tt,e last day of each
month, Tv,,,~lich rer~ort -e;ill 'je mailed tc the 1.2ealth officer, vv'r:.o
s;iall upon recei_ t af sucti re,oort com,pute iri accordance ,,;ith the
follovJina; scredule the in:3pection fee to be paia arid prepare in-
voices in tri.Y~licate for auci7 faes a1i:z send one of such ii1voiceJ
to the p:.rmit 'rlolder and one 'U-o t.I_e ~'.ssessor and Collector of
Taxes of the Citv of Faris. Ttiereafter, witliiri ten (10) days
fron- the ;ate of t~~e 1-I_nvaice, the perrrLit holder sl:all .pay to the
Assessor anci Collector of Taxes of t'rLe "ity of raris, the s~u~.~
f'or ii'.sbection fees for vJYiicIL: i-ie has been biiled by invoice.
1. '.--nere t"e -ref_-ijea of 4u1~o milk pa~:teuri_-in:_,
plant or the z°etail raw milk ciistriblztindairy aire inspeeted
un~ier t}-e C.;rectiori of the~ h°ultJ--: o'_'licer, an inipectioll fee
o; forty (40 ) cents per 1,000 -,-;allon3 or rIilk produced or
purchased under the nrovisions of this ordinance sY?all be paid
by the l:old2r o-li" the ~°.errrit.
(a) Provided, that ;:lzere the mil~r, pasteurizir,T
plant or t1:e retail I'ati°v distributin- d^iry, the -pramisas
of v~-r.ich are inspected ur.,::er th-- directio:_ of the healtn oz'ficer,
produces or purC11aJES under the rrovision:3 of this ordinance,
1alss t;han a rLo,lthly •avera e oi 1,000 Fallons per day of
pasf,eurized ilk or raw miri~ un fee of 3'even and 50/100
Dollars ()7.50) per r:Aonth for the s_nsijectior of t ~a p.~si,eurizir~,?
plant, ~nd ~'our ana 50/lOC) Dollars (;,4.50) rer rnonth f'o~the
inspection of the rav. milk distributin:_; dairy, shall be ~_aicl
by the holder of the 'nerri.it.
2. ~very mil'.c nroducer `--o sells cr railk
nroducts only to a wholesaler, distz°ibuter or manuiacturer,
in the City of iaris, or a,~hose ia di,3tributed in the
City of Parys, anu V~nose pre^ises are iils-ec ;ed under tre
direction of the :iealth Oft'icer, s':'all pay an annu~,l
inspectien fee of 45.00. Such fee s'r-all be raid on or
before the lOtl:, aa.v of SanuarST of each year hereafter and shall
b= the fee for the cal~ndar year i.n ,rarich sar.e is paid. 1rovide-u,
that t: e inspection fee for t1lie re~::aininb :ortioil ;;f the year
1949 shall be 42.50 pa_yable on or , before ju=y 10, 1949.
3. nns holder ai a p;rr:-.it -,°v1iose nrei~Ases are ins.,Uected
in accordance wit_- the ravisions of t'_ii; ordinance, and any
am-end::ientz~ tllareto, shall at all tirzes upon rec7uest, make
available to the lie-alth officer such books an~A records as ~re
necessa7 .y to deterr_' natiorl oi t~.e in3r;ection Fe--s, in the
event there is a dis-oute as to the a_o??nt of the fees tc be
paid.
3ection 4. Labelin= and placarainJ. A11 bottles,
cans naciiac ;es an i oth .r c:~ntainer, :nc:losin=_ r,2ilf> or
arly milf, product defined in this ordinanca ~~ia11 be plain~y
la:.eled or marked -^;ith (1) tl,e na,°-,e of tne contents as
-icer in Lh lel'inition:, in thi ~ ordinance 2) th° gz a--Lie
of the contents; (3) the ;,or.-1 "pasteurized" only if the
cont°nt- have oe--n pasteurized; (4) the wor:i "raw" oiZly
if the contents are raw; (5) tre na-me of the producer
if the contents are ravv, an~ tre narm~~ of the plant at
wrich the eontents were pasteurized, if the contents a~:°e
pasteurized ; arl.d (6) ir_ t_"ie; case o-~' i itamin D milk,
tr?e desi ;nation t1Vitamin D ":iilk", taa .3our•ce of t}le
Vitainin D and the aliount as expressed in ter!rls adopted
by the Tin:ted 3tates rharriaconeia. 'ihe lacel or i7lark
sha.ll be irl :Lett(,,rs of 3.,~ize, ~ind, ana color aprroved
by the -"-ealth Officer and sh•all contain lio marks or
vaords zvhich are r:iisl~_-adi.n;~e. full s~-'U- of labels shall
be filed v,ith the health officer.
Every resturant, cdfe, so,_-kia fountain, or other
establi5 rrent serving milh or r1ilK products shall
display at all times, in a place sesignated oy the
healtii oificer, a no'uice .approved "a,y the healtr of~'icer,
stating the loj^:est grade of milk and/or fa:i_lk products
served.
Section 5. InSpection of Dairy Farrr,s and milk
plants for ttie pnttpose of grac-Anr; or re.-,;radinr,.
1=.t least once durin eac~~ ^;raair~_; Neriod tl~e
health ofi icer shall insuect al-i dairy t arr_r~s and all
mil'~ plaYlts ~%-h.ose r.silk or milk procucts are intended for
consumption ti^:ithin the City of Faris, Texas, or its
police jurisdiction. In case the healt}; officer dis-
covers the violation of any ite1.1 of janit-ation, he
shall me...e a seconci inspection al"ter a lapse of such time
as he deems necessary for the Jefect to be rer!:adied,
but not before the laDse of three days; and the second
inspection. shall be used i_n deter_'::iniri the ~rade of
milk and/or milk prouucts. .Yny violation of the sarrie
iter,l of thij ordinance on t~;o consecutive inspections
shall call ior i_ir:,,_-diate -zn application
for a ne.~; -oermit r:iust -ce niad-z in v;ri.tin=7 to the
Health Gfficer.
One copy of th:; in.spec tion re_.)ort shall be
po:-3ted b,y ';he Healt'ri Gfficer in a conauicuoua pl--.,ce
upon an izlside wall of one of the _lairy farm or _Iilk
plant buildin,-,s, and sai:z inspection report s~_all not
be defaced or removed by an,y persor except trie health
officer. Another copy of the inspection report snall
be filed vuith the records of the healtt"~ c~ey
Section 6. Eha.:iriation of _:iilrc and r~,ilk products.
Durin~-_, eacr! period, samples of rnilk
and crean from each dai'ry farm and each milk plant shall
be taken on separate aays and Examined by the r7ealth
olzicer, tivhich samples are to ~1e collected on the
follo~~,in.=; basia: Fasteurizin~- plants, one sariiple per
week; rav, milk distributors, one sarnDle per month; raw
mill'. producing dairy f'arms, one saLiple every six vviceks,
excepting pel^1.0+',S of derra;1`1e, :,,':cn eat-h Jairy farm
havin~, its ;r-ra.de lo,.-ercd (lue co e:,ces_7ive eacterial
averaz=,es shall be entitled to an.e ;ieries of re-raae
samples each calel-idar year.
~ a-p a o v v crrraz x~-~x ~rrc ~-crrn-vz .~u ~ i. u-,.-.+~t.T.
b
~
Sanples of other milk products ma;y be taken and
exarnined by the health officer as ot'ten as he deerns
necessary. 3arnnles of milk and milk products from stores,
caf--s, soda fountains, resturants, an:i other places
where inilk or milk products are sold shall be examined as
often as tne healtr officer may require. Bacterial
plate counts anct direct microscopic counts 5h.a11 b° lr,.ade
in conformity -v,aitri the lat°st standard inethods recommended
by the Ariierican Public c-ealtYi Association. Lxa:rliriutions
may include sucn other cheniical and physical deteruriinations
as the health officer may deem necessary for the detection
of adulteration, these exarninations to be made in accordance
tivith the latest starldard metnods oi' tne :~ruerican r'ublic
Health Association and the _Lssociation oi Official
_A,gricultura'i Chemist5. :;acterial plate count and cooling
te.,,,,i-erature r_,sults si_all be given to the producer or
distributor ccncerned as soon as determir_ed. Samples
mav be taken b,y the liEal t-~:y officer ac any tirne prior to
the final delivery of the miI-k- or milk ~roducts. _~.11
proprietors of stores, cafes, resturants, soda fountains,
and other similar places shall furnish the healtiL officer,
upon n.is request, the names oi all dis tributors
from whoir their _~-ilk and .-.ilk products are oatained. Bio-
Assays of the Vitamin D content of Vitamin D milk shall
be made l:hen requir:d by the health officer in a
laboratory approved b;% hirii ior suc'l exam;_r•_ation.
".henener the average bacterial count, the
average reduct? on time, or tne average coolin~,; ter:locrature
falls be,;°ond the limit for the grade then held, the t,,ealth
officer shull ser_d written notice tl:ereof to the nerson
coiicerned, and shall ta'Le an addition3l sar:iple, but not
before the lapse of three (3) days for deter,i.ni.n- a ne~:;
averape 'r_ accordanc° ;nction 1~. Violation of th e
Crade requirerrent b,y che ne-,,l average or c;,T al,.;r subsequent
average durin- the remaincler of tr,_s current gsadirl,;
period shall call for imrr~ediate de : radiln,_; or suspen.~ion
of the per_!_it, unless the laat itldiviaa<ii result i3 tivith-
in th_e arade lirnit.
,Dection 7. :,he gradirl,7 ol' milk arici i:iilk produocs.
f~t once every six (6) months tho health
or'ficer shall annour~ce the grad~s of all milk and _Alk
products delivereu by all producers or listributors ana
ultimutelST consuaed t:-ithin the City of .1 aris, Texas, or
its police jurisdiction. Sai:l grades shall be based upon
the followin.°; stai7riards, the arauing of milk products
bein.sr identical :,itYi the gradin7 of ~~~:.1': exce~:t that t±-.e
bacterial standards shall be doubled in the case of cream,
and omitted in 'Uhe ,ase of sour creari, anci buttermilk.
Vita.rnin D m-.lk shall be onl,y of" ]Tra3e n pasteurized,
certified or arade A raw q_uality.
Grade i ravi milk. rraae A ra~v milk is ral;d
milk the average bae'erial te count of ::hicia as
deII-ermined unde.:- 3'ections 113 and 6 of this o?°dinance,
does not exceed 50,000 per cuiaic centi-rrleter, or the
avera`e direct mijroscopic count of which does no t
exceed 50,000 per cul:: +.c centir~~eter if clumps are counted,
or 200,000 per cubic centi.:leter if individual
organizriis aro counted, or the averas; r__duction time of
Item 21r. Yilk stools. hilk 6tools shall be
ro.ade of inetal or otrer impervious ~aterials without pactding,
and sha11 be kept clean.
Item 22r. Reraoval of milk. iach pail of milk
shall be removed i=ediately to the milk house or strain-
ir:g roo:n. No milk shall be strained in the aairy oarn.
Item 23r. Cooling. ufTilk must be cooled im_ediately
after corapletion of milking to 50 degrees F. or lass, and
maintained at that averaUe temperature, as def ined in
section 1 S, until deliver•y. If =ni1k is delivered to a
milk plant or receiving station for pasteurization or
separation, it must be delivered vvithiL two (2) hours
after completion of mi14:07 or cooled to 50 degrees F.
or less and rriaintained at that aUeraSe temperature until
delivered.
Item 24r. BoY,tlin=; and cappinq. !ilk ar?d milk
products shall be bottled frorrL a container ~.,;itri an autoyiatic
reaaily cleanable valve, .>r by aarls of als apr;rovud bottling
j.achine. Bottles shall be capped by machine. The bottler
and capper shall ~e cleaned and subjected to baetericidal.
treatment before each usage. Caps and cap stoch shall pe
purchased in sanitar-,- containers and ri:e~t therein in a clean,
dry rlace unt:.l used.
Item 25r. Fersonnel, hea1t.h. l'he health officer
or a physician authorized by him shall exanine and take a
careful _°:.orbidity historv of every yerson connected with a
dairy, or about to be employecl,whose 4ork brin~;s him in
contact ~;vith the production, handli~l~,, 3tora~;e.` or
transportation of r:ilk, milk produc ts, containers or
equipment. lf such exar;iila.tion or history suF,lests that sizch
;oerson may be a carrier of or infected titiith the organisms
of typhoid or r,az°atyphoid fever, or any other communicable
disease likely to be transmitted thsouph milk, he shall
secure appropriate specimens of body discharges anl cause
them to be exarnined in a laboratoryT approved by him or by
the :3tate Health authorities i or s uch exa=:lina ti ons , and if
the results justify, such person ahall be barred frora such
employnent.
3uch persons shall furnisil such inlormation,
submit to such physical examinations, and sa'omit such
laboratory sreciimens as tha health officer may require
for the purtiose of deterriining freedom from infection.
Item 26r. All vehicles used for tile transportation
of milk and cnilk oroducts shall bo so constructed and
oneratEd as to r_;tect tneir contents f'rorn the sun and
from con.tamination. A11 vehicles uscd for the transportat-
ion of milk or milk produc;ts in trleir final delivery
containers shall be constructed witr, permanent tops and
,r:ith permanent or roll-down dides anct back, provided that
apenings of the size necessary to pass tne delivery man
may be perinitted in the sides or back for loadin;T and un-
leading purposcs. Al1 vehicles srall be kept clean and no
substance capable of contaminatinq milk or milk products
shall be tiansported Oth milk or milk praducts '.n such
manr?er as to nermit contamination. -.11 vehicles used for
the distribution of milk and milk products in tre City
of_ Faris shall bear the graJe of the rnilk, whether ran or
pasteurized as well as the na.me of the holder of the permit
under a.hich such vehicle is o_perated, and the number of
such permit in plair.', legible letters an::t nunierals, not
bottling, operations, and (b) the washir_g and bactericidal
t7°eatment of containers. Cans of ravJ milk shalFasteurized
u.nloaded directly into the pasteurizin.1, room.
milk or mi11c products shall not be permitted to come in
contact with ec!,uipment v:ith which unpasteurized milk or milk
products have been i;l contact, unless such equipmznt has
first been thorou;,~hly cl~aned and subjected to oactericidal
treatment. '-?oor:'is in which milk, milk products, cleaned utensi]s,
or containers are han:lled or sto-'-°d sj;al1 noc open diryCtly
into ariy stable or livin,,°qu?rters. ~he : steurization rlant
sha11 be used for no other pta.rYoses than the processiliga of
n.ilk and rlilx~ products and the operations incident tsereta,
excent as may be apnroved by tne health officer.
Item 6p. Toilet facilities. Ever.y milk plant shall
be ;-.rovided z:;ith to1_let Tacilities conforming vrit; thv
ordinances of the Oity oF t~aris, Texas. Toilet rooms s-.all
not o-pelz directly into an;:rooi1 in 1,^:i-ic'ri zailk, ._~ilk products,
equipment or containers ar° i1andled or stored the doors of all
toilet rooms shall be self-closin.Z. `roilet roos.os si all be
kept in a clean condition, in ~;ood repair, anA c.ll ventilated.
In case crivies or eartll closets a.re per,Atted and used, they
shall be seoarate from tile buildin;°,, and shall be of a sani -uary
type coizstructed and operated in confor.r.ity Sr~iti! the requireiaents
of Itera lOr of this article. ;;hall be pro~oerly
Item 7p. '~,'ater sunuly. `sne water sup~~ly
located~ ~yo~sti~n~ewhere iteisteasily =~ccessible,ladequate,1
parts o
and of safe, sanii;ary quality.
Item Sp. Han;,-z^.ashin 7 facilities. Convenient hand-
washin.c.r facilitiaa shall be brovided in each depart.me.nt or on
each f'loor, includinc-, _iot and cold runnin- water, soap, and
approved sa.-itary toldvels. Tl,e use of a co,=.on towel is prohiDit-
ed.
Item 9p. . A11 pipin~; used i~o conduct
aanitar;~ ~ipin~_
mil'L or rr:illc roducts shall 'sanitary mil' pining' of a
type vahich can be easily cl--aned witlz a brush. Faste-rized
L-lilk and n`ailk -oroducts sY:all be condueted from one piece of
equipraent to anotheY~ onl;;, throu.m.h saizitary milk pining.
Item lOp. Construction and reDair of Containers and
equipr~ent. iill flulti-use containers~and ec?uipment v,itri v,hich
nilk ~_r milk products cone 9_n contact shall be constructed
in such manner as to be ea7ily cleaned and shall be kept in
good r•enair. The manufacture, pac:-lin-;, trans_=tation, and
handlin` of sin?le-service containers an~ contai_ner caps and
covers shall be conducted 41-n a3ani t-ary l-ianner.
Item llp. Disposaj. oi -r;aste. nll viastes shall be
prope.rl3r disposed o~'.
Ite:n 12p. Cleanin~ ana b3ctericidal 'z-reatl~zent of
containers anc. equip:nent. All and ri-rilk -products coiztainers
and equipment, excert sin-;le-service containar,3, shall be
thoroughly, cleaned aPtez each usare. iill containers shall
be subjected to arl approv3d bactericidal :?rocess after each
cleaning and all equipment i=_ediat~ly befere eacri usage.
"tThen e:pty and befoz°e beint returned to a .:roducer by a raill~:
plant, each container sha1I be efsectively cleaned and sub-
jectQd to blact-erici:dc.1 treatment.
Item 13p. Storage of containers and equiAraent. After
bactericidal treat-rle-at all bottles, cans, and other raulti-
use rnilk or mi1K products containers and equipment shall be
stored on _netal raeics in suc'__, raanner as to be _~~ro tac ted f'rom
coritamination.
Item 14p. .iandlin;; of containers and e-cluipj:ient. 3,etween
bactericiJal tre-:~.t_:lent and usa^,e, and durin-; usace, containers
and equipaent shall not be :nandlud or o~erat°d in such Lnanner
as to ;parm~it conta:~iination of the inilk.
Permit contarlirlAtion. w`~11 vcilicl.,s us--d in the transr`orting
of milk or milk products n the Ci.ty of -aris si=a11 oear
the name of the holder of the permit uz1{er such vehicle
is operated, and the nLUnber of such. permi.t in plain legiole
letters ana nu.m:erals, not less tran three inches in height on
both sides of saicz vehicles, an: said na~-.e ar._a nuraber shall be
in place at all ti^aes vvhen sai) ve'rlicle is being used fctr
the transrortGtion of milk or rLilk products.
~Durroundin,,s. Thz imnediate aurroundin-s of the
Jairy shall be kept in a r_eat, clean col_a.ition.
Grade B pasteurized milk. Gra3e paateurized railk
is nasteurized mil-'K- va--ich violates the bacterial s~andard for
Grade A pasteur'Lzed milk and,lor the provision of lip-cover
caps of itern 20p anu./or the rer;uirement that urade A ratv
milk be u5ed, but zvhich conlolms ~Ath a11 other rec;uir:;~~arlts
for Grade A pasteurized mi.lk, nas bean ~ade from ra,: mi.lk of uot
lESS than Grade B quaiity, ana has an average b.icterial plate
count after pastsurization ana before delivery not exceeding
50,000 per cu,)ic eentiiueter, a3 deterniined under sections 1 S
and 6. Grade B pasteurized r,ilk shall llot be sold except as
provided in section B.
Grade CDasteurized milk. Grade j pasteurizcd milk is
-oasteurized ~:~ills viriich violates an, of th_- requir6ments ior
grade B pasteurized milk.
3ection 8. Grades of milk and milk prouuc-I-s ~,..`~ich r:iay
'oe sold.
Frors and after the date on vvizich this ordinance
takes eff,~ct, no ~ailk or !-iilk products shall be sold to the
a-rocery
final consumer ot to rasturants, soda fountains, g
stores, or sirtlilar establisiinents exce?)t Certified-
Pasteurized, Grade A Fasteurized and Grade A Raw ; provided,
that vjhen any m.ilk distributor fails co qualify zor one of the
above grades, the health officer s authorized to revoke his
ber_-_it or in lieu thereof to degraue }lis nroduct anu ,,er!Yiit
its sale during a tem,.or-rv period no'~. el;ceedin.s; tnirty (30)
aays, or in amergencie5 such lon,:~;er period as he may deem
necessary.
Section 9. E-3unplementary gradin`; arescrived and re-
gradinf,- authorized.
If ,.at any ti-rne bet~,^ueen thn- ra ;ular announcelae: ts
of the r1rades of milic or .:-Alk nroaucLS, a lovver araae shall
becom.e justified, in accordance -vTiti-a 3ections 5, 6, and 7,
of this ordinance, the health officer s;:a11 inmediatel,y lower
the grade of sucli milk or :iilri produc; ts , ar_d shall enforce
nto~p-ir labelinR and placarding thereof.
r,roducer or aistributor of or irlilk _-iowucts
the ;rade oi- whi0h has been 1_,wered uy t'ne healt'-i officer and
who is nroperly labeling his milk and na.il;> products, may
at any tirae rrake a~-.plicatiori fo,,° 4-1,he re-radin- of his proauct.
Upon receipt of a satisfactory applic -:tion, in case
the lowered grac.e is the result of an excessive averagre b:.cterial
plate count, clirect microscopic count, reduction tirae, or cooling
temperature, the 'riealth officer shall take fur•ther saraples of
the applicant's output, at a rate not more than two sar.~lr'les per
week. The health officer ay regraae the milK or _-.ilk products
upward tvvhenever tLe averaz:e of the last four (4) sai;.ple results
indicates the nacessary quality, but no'Ll before the lapse of
two weaks frora the date of deErading.
Section 11. T,"ills ar.id milk products from points beyond
the limits of routine insDection.
11:ilk ans milk r~i oduct: fror:i poi_zts beyond the
lif-:.its of routine insY'ectio_a of the (Jity of z-aris, Texas,
may not be sold in th. City of L'a--is, Texas, or it:3 police
jur?sdiction, unles3 produced and/or oasteurized under
rrovisions equi.valent to the requirements of this ardinar_ce ;
orovided, tnat the healtil officer shall satisfy r.imself that
the healtn officer 'iavinr; Juri:diction ovar the Droductiori
and processi 1_; is pror)erly enforcinr; sizcr I~rovi3ions.
aection 12. Future :iairies and plants.
A11 dairies an'i ilk plants frora -vv'_1ic!; mlillc or
ri1111.c produ--ts are sljpplied to the Cit;- of -caria, Texas,
which are h2r8aftiE.'r constructe,:l, raconstructed, or
extensively altered shall confor:q in their construction to
the recuirei;ients of tris ordinance for Grade _a aairy farras
_r.roducin7 for consurirtio.,l in the ravv, stat-, or for
C_uade A pasteuri zation plants, re,3pec tu_ively; provided, Lhat
the reauirersent of a two-room _nilk house shall be v:aivea iln
the cas-- of dairies the milK i rom i,~,;hic is to be ~,asteurized.
~roperly pre.~>ar-,u plans for all dairies anc: _mil:=. nlants -.vhich
are hereagtar co_r!structed, reconstru;t_ed, or ::xtensively
alte,_ed :3hall ae sub:nitted to the -'.--altil officer ror approval
before v;ork is begun. ?:n the case of iiiilk plants signed
approval siliall be obtained fro -~i. tiie health of1'icer and/or
the State health depart~,ient.
Sectiorl 13. I:otificat-i0.1 of dis::a,zie.
::otice shall bc sent to the ~ ealti~ officer
irrLiediatelv b1 any .:;roducer or di3tributor of milk or
products upon whose dairy far~ti or in v~hose railk plant
con-lo-agious, or co=au~-_icable di3ease occurs.
3ectiozl 14. T=rocedure %dlen infectiou sus_:~ected.
r:iilk
any i.nfectious,
iVhen suspiciozl arises as to the po:;sibility of
transniissio.i of infecti-or_ irora any rerson concerned -,!,itii the
hanc:iling of r:lilk or riilk products, the health officer is
authorized to reauire any or all of the follovuiri~ measuras :
(1) the ir,ediate exclusion of that _persoli frotu ruilk handling,
(2) ti:e 11~~aediate exclusion of the MiLk su--.ply concerned
from distrioution and use, (3) adequate medical and
bac'ueriol`gical e,Lam:ination of the oerson, of' his asJociates,
and of 17_is anu- t'iieir body 3i 3char~;es.
Section 15. EnforceLlent inter~.retation.
This ordinance shall be enPorced by the health
oificer in accordance wit!: the inter :ratations thereof cozlatined
in the 1939 edition of the United ~t .tes '-ublic _~ealth
y of whici,: is on file in the office
aervice ?',rilk Code, a cop,
of the health officer and the %itjT Sj~~ie~~y, ana as to thiis
section is ma,ie a part herof' ; thou,7r ful1y incorporated
herein.
Section 16. `~~enalty.
`7hoover violates any vrovisio.-_ oi this ordinance
shall be fined in the sutu of .r_ot less than t~aenty-five
( ~;)25 .00 ) dollars, nor _ .ore than two hundracl ( 1~w00 . Gu ) dollars,
and eac, separate viola'.-iori 5i'iall constitut° asenarate offense,
anu each and every clay offanse is cont:Lllued irl cases vUhere
the offanse is a continuous one s`_ali coilstitute a diatinct and
separate offense.
aection 17. Uneozzstitutionalityr Clause.
3hould any 3ection, paragraph, 3eiztence, cla?s° or
phrase of this ordinance be declared uncoiistitutional or
invalid for any reason, tlze r--m;inder of said ordinance shall
not be affected thereby and shall reraain i11 fuil force and
eifect, and to this end t?:ie rrovisions of this ordinance are
declared to be severable."
Sectlion 18. Urdinance n~.irriber 1082 and all other ordi-
nances an;i parts of ordi<iances i_1 coaflict this ordiriance
are hereb-;~ repealed.
Fassed by the City Council of tY)e Clty of Paris, Texas,
in regular rleeting t;_is tii- 13tr> d<3y of June, 1949.
z44
AT'l ~ST: 1:~-Iayor
City Clerk