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1197 ORD DEFINING "MILK" AND CERTAIN "MILK PRODUCTS".,r.. " ~ .'t ORDITd:LN!'::;:, 'BER r T T tt~LK't C ;RT~lIi~ „":y JJ 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