O-39-40
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ORDINANCE NO. 40
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AN ORDINANCE DEFINING "MILK" AND CERTAIN
"N:ILK PRODUCTS", "I':iILK PRODUCER", PASTEURIZj\-
TIO}!", ETC., PROHIBITING THE SALE OF ADULTERATED
AND MISBRANDED !.!ILK AND ¡,;ILK PRODUCTS, REQUIRING
PERMITS FOR THE SALE OF IIILK AND I.:ILK PRODUCTS,
REGULATING THE INSPECTION OF DAIRY FAmIS AND
MILK PLANTS, THE EXAMINATION, GRADING LABELING,
PLACARDING, PASTEURIZATION, REGRADING DISTRI~
BUT ION, AND SALEOF MILK AND MILK PRODUCTS,
PROVIDING JOR THE PUBLISHING OF MILK GRADES,
THE CONSTRUCTION OF FUTURE DAIRIES AND ¡.:ILK
PLANTS, THE ENFORCElŒNT OF THIS ORDINANCE,
AND THE FIXING OF PENALTIES.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CLERMONT AS FOLLOWS:
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 obtained by the complete milking of one
or more healthy cows, excluding that obtained within 15
days before and 5 days ~fter calving, or such longer period
as may be necessary to render the milk practically colostrum
free; which contains not less than 8 percent of milk solids
not fat, and not less than 3-1/2 percent of milk fat.
B. Milk fat or butter fat. - Milk 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 18 percent milk fat.
Sour cream is cream the acidity of which is more than 0.20
percent, expressed as lactic acid.
D. Skimmed milk. - Skimmed milk is milk from
which a sufficient portion of milk fat has been removed to
reduce its milk-fat percentage to less than 3-1/2 percent.
;E. Milk or skimmed-milk beverage. - A milk bever-
age or a skimmed milk beverage is a food compoun~ or
confection
consisting of milk or skimmed milk, as the case
may be, to which has been adde~ a sirup or flavor consist-
ing of wholesome ingredients.
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F. Buttermilk. - Buttermilk is a product
resulting from the churning of milk or cream, or from
the souring or treatment by a lactic acid or other
culture of milk, skimmed milk, reconstituted skimmed
milk, evaporated or condensed milk or skimmed milk,
or milk or skimmed-milk powder. It contains not less
than 8 percent of milk solids not fat.
G. Vitamin D milk. - Vitamin D. Milk is milk
the Vitamin D contents of which has been increased by
a method and in an amount a~proved by the health officer.
H. Reconstituted or recombined milk and cream. -
Reconstituted or recombined milk is a product resulting
from the recombining of milk constituents with ~~ter,
and which complies with the standards of milk fat and
solids not fat or milk as defined herein. Reconstituted
or recombined cream is a product resulting from the
combination of dried cream, butter, or butter fat with
cream, milk, skim milk, or water.
I. Goat milk. - Goat milk is the lacteal
secretion, free from colostrum, obtained by the complete
milking of healthy goats, and shall comply with all the
requirements of this ordinance. The word "cows" shall
be interpreted to include goats.
J. Homogenized.milk. - Homogenized mr1k is
milk Which has been treated in such manner that after a
storage period of 48 hours tests of the 100 cc portion
decanted from the top o·f a quart bottle of milk will
not show a difference in fat con~ent over test ~f the
remainder of the milk after thorough mixing exceeding
5 percent of the total fat content. For example, on
4 percent milk the difference shall not exceed 0.2
percent.
K. Milk Products. - Milk produc ts shall be
taken to mean and include cream, sour cream, homogenized
milk, goat milk, vitamin D milk, buttermilk, skimmed milk,
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reconstituted or recombined milk and cream, milk beverages,
and skimmed-milk beverages.
L. Pasteurization. - The terms "pasteurization",
and "Pasteurized" and similar terms shall be taken to
refer to the process of heating every particle of milk or
milk products to at least 143 deg. F., and holding at
such temperature for at least 30 minutes, or to at least
160 deg. F., and holding at such temperature for at least
15 seconds, in approved and properly operated equipment;
provided that nothing contained in this definition shall
be construed as disbarring any other process which has
been demonstrated to be equ 11y efficient and is approved
by the State health authority.
M. Adulterated milk and milk products. - Any
substance claimed to be any milk or milk product defined
in this ordinance, but not conforming with its definition
as given in this ordinance, or which carries a grade label
unless such grade label has been awarded by the health
officer and not revoked, shall be deemed adulterated and/or
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 offered for
sale. O. ¡,:ilk distributor. - A milk distributor is any
person who offers for sale or sells to another any milk
or milk products for human consumption as such.
P. Dairy or dairy farm. - A dairy or dairy farm
is any place of premises where one or more cows are kept
a part or all of the milk or milk products from which is
s old or offered for sale.
Q. Milk plant. - A milk plant is any place or
premises or establishment where milk or milk products are
collected, handled, processed, stored, bottled, pasteurized,
or prepared for distribution.
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apply.
"and shall apply where possible, otherwi~e "or" shall
v. AndL£.!:.:.. - Where the term "and/or" is used
ordinance shall mean "person, firm, corporati on, or
association."
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U. Person. - The word "person" as used in this
thereafter not to exceed 6 months.
within which grades shall be determined for all milk and
milk prodùcts, provided that the grading period shall not
exceed 8 months, after pàssage of this ordinance, and
such period of time as the health officer may desig~ate
T. Grading period. - The grading period shall be
announcements.
the temperatures of the last four consecutive samples,
taken upon separate days, irrešpective or periodic grade
ature shall be taken to mean the arithmetic average of
of periodic grade announcements. Average cooling temper-
arithmetic average of the reduction times of the last four
consecutive samples, taken upon separate days, irrespective
ments. Average reduction time shall be taken to mean the
to mean the logarithmic average of the direct microscopic
counts of the last four consecutive samples, taken upon
separate àays, irrespective of periodic grade an~ounce-
ments. Average direct microscopic count shall be taken
separate days, irrespective of periodic grade announce-
counts of thelast four consecutive samples, taken upon
ture. - Average bacterial plat count shall be taken
to mean the logarithmic average of the bacterial plat
Clermont, or his authorized rep~esentative.
S. Average bacterial plate count, direct
microscopic count, redùction time, and cooling tempera-
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shall mean the health authority of Clermont as designated
by the City Council and the health officer of Lake County
is hereby designated as health officer for the City of
R. Health officer. - The term "health officer"
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SECTION 2. - The sale of adulterated, 'misbranded,
or ungraded milk or milk products prohibited. - No
person shall within the City of Clermont, or its police
jurisdiction, sell, offer, or expose for sale, or have in
possession with intent to sell, any milk or milk product
which is adulterated, misbranded, or ungraded: It shall
be unlawful for any person, elsewhere than in a private
home, tohave in possession any adulterated, misbranded,
or ungraded milk or milk product.
SECTION 3. Permits. - It shall be unlawful for
any person to hring into or receive into the City of
Clermont, or its police jurisdiction, for sale, or to sell,
or offer fQr sale therein, or tohave in storage where
milk or milk products are sold or served, any milk or
milk product defined in this ordinance, ~ho does not
possess a permit from the health officer of the City of
Clermont.
Only a person who complies with the requirements
of this ordinance shall be entitled to receive and retain
auch a permit.
Such a permit may be suspended by the health officer,
or revoked after an opportunity for a hearing by the health
officer, upon t~e violation by the holder of any of the
terms of this ordinance.
SECœION 4. Labeling and placarding. - All bottles,
cans, packages, and other containers enclosing milk or
any milk product defined in this ordinance shall be plainly
labeled or market with (1) the name of the contents as
givenin the definitions tn this ordinance; (2) the grade
of the contents if said contents are graded under the
provisions of this ordinance; (3) the word "pasteurized"
only if the contents have "been pasteurized; (4) the word
"raw" only if the contents are raw: (5) the phràse "for
pasteurization" if the contents are to be pasteurized;
(6) the name of the producer if the contents are raw, and
the name of the plant at which the contents werepasteurized,
if the contents are pasteurized, and (7) in the case of
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VITAJ.:IN D milk, the designation "Vitamin D Milk" and the
source of the vitamin D. The label or mark shall be in
letters of a size, kind, and color approved by the health
.
officer and shall contain no marks: or words which are
misleading.
Every restaurant, cafe, soda fountain, or other
establishment serving milk or milk products shall display
at all times, in a plac~ designated by the health officer
a notice approved by the health officer, stating the lowest
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grade of milk and/or milk products served.
SECTION 5. Inspection of dairy farms and milk
plants for the purpose of ~rading or regrading. - At
least once during each grading period the health officer
shall inspect all dairy farms and all milk plants whose
milk or milk products are intended for consumption with-
in the City of Clermont, or its police jurisdict~on. In
case the health officer discovers the violation of any
item of sanitation, he shall make a second inspection
after a lapse of such time as he deems nece~sary for the
defect to be remedied, but not before the lapse of three
days; and the second inspection shall be used in determin-
ing the grade of milk and/or milk products. Any violation
of the same item of this ordinanc~ on two consecutive
inspections shall call for immediate degrading.
On copy of the inspection report shall be posted
by the health officer in a conspicuous place upon the
inside wall of one of the dairy f arm or milk plant build -
ings, and said inspection report shall not be defaced or
removed by any person except the health officer. Another
copy of the inspection report shall be filed with the
records of the health department.
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SECTION 5A. Inspection beyond city limi ts . - The City
will inspect any dairy farm or milk plant beyond the city
limi ts upon the request of the OVffier thereof, but in such
cases the ovmer must pay the cost of such inspection,
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which cost is hereby fixed at a sum equ~ to five cents
by the health officer. Samples of other milk products
may be baken and examined by the health officer as often
as he deems necessary. Samples ofmilk and milk products
from stores, cafes, soda fountains, restaurants, and
other places where milk or milk products are sold shall be
examined as often as the health officer may require.
Bacterial plate counts and direct microscopic counts
shall be made in conformity, with the latest standard
methods recommended by the American Public Health Asso-
ciation. Examinations may include such other chemical and
physical determinations as the health officer may deem
necessary for the getection of adulteration, these examinations
to be made in accordance with the latest standard methods of
the American Public Association and the Association of
Official Agric.ililtural Chemists.· Bacterial plate count,
direàt microscopic count, reductase test, and cooling
temperature results shall be given to the producer or dis-
tributor concerned as soon as determined if said results
shall be given to the producer concerned as soon as deter-
mined if said results fall without the limi.ts prescribed
for the ~rade then held. Samples may be taken by the hèalth
officer at any time prior to the final delivery of the
milk or milk products. All proprietors of stores, cafes,
restaurants, soda fountains, and othe' similar places shall
furnish the health officer, upon his request, with the
names of all distributors from whom their milk or milk
products are obtained. Bio-assays of the vitamin D content
of vitamin D milk shall be made when required by the health
officer in a laboratory approved by him for such examinations.
products. - During each grading period at least four
samples of milk and cream from each dairy farm and each
milk plant shall be taken on separate days and examined
PER mile each way for the distance from the city limits
to such dairy farm and return.
SECTION 6. The examination of milk and milk
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herds and addit~ons thereto shall be made before any milk
Except as provided hereinafter, a tuberculin test of all
Item lr Cows, tuberculosis and other diseases. -
which is produced'upon dairy farms conforming with all
of the fol10wing items of sanitation,
per cubic centimeter, and 6 hours, respectively; and
pasteurized the corresponding linrits shall be 200,000
not less than 8 honrs, provided that. if it is to be
are counted or the average reduction time of which is
200,000 per cubic centimeter if inßividual organisms
50,000 per cubic centimeter if clumps are counted or
average direct microscopic count of which does not exceed
does not exceed 50,000 per cubic centimeter, or the
milk the average bacterial plate count of which as
determined under sections 1 (a) and 6 of this ordinance
Grade A raw milk. - Grade A raw milk is raw
of the city or county health officer of Lake County or
the City of Clermont.
of Lake County, and of the State Board of health or
of the Medical Milk Commission of the Medical Society
time of production and is produced under the supervision
Association of Medical Milk Co~issions in force at the
milk which conforms volÌ. th the requirements of the American
Certified milk-raw. - Certified milk-raw is raw
certified, or grade A raw qU~1ity.
milk. Vitamin D milk shall be only of grade A pasteurized,
cream, and omitted in the case of sour cream and butter-
bacterial standards shall be doubleß in the case of
following standards, the grading of, milk products being
identical with the grading of milk except that the
ly consumed within the City of Clernlont, or its police
juriàdiction. Said grades shall be based upon the
delivered by all producers or distrimltors and ultimate-
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SECTION 7. The grading of milk and milk products.
- At least once every 6 months the health officer shall
announce the grades of all milk and mi¡k products
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therefrom is sold, and at least once every 12 months
thereafter, by a licensed veterinarian approved by the
State livestock sanitary authority. Said tests shall be
made and any reactors disposed of in accordance with the
requirements approved by the United States Department of
Agriculture, Bureau of Animal Industry for accredited herds.
A certificate signed by the veterinarian and attested to
by the health officer and filed with the health officer
shall be evidence of the above test. Provided that in
modified accredited counties in which the modified accredit-
ed area plan is applied to the dairy heards the modified
accredited area system approved by the United States Bureau
of Animal Industry s hall be accepted in lieu of annual
testing.
Immediately after the adoption of this ordinance
all milk and milk products consumed as such shall be from
cows whi ch have found free from Bang's dis ease, -as shown
by blood serum tests for agglutinins against Brucella
abortus made in a laboratory approved by the health officer.
All herds shall be tested and reactors disposed of in
accordance with the rules and regulations of the State Live-
stock Sanit~ry Authority. A certificate identifying each
animal by number, and signed by the laboratory making the
test, shall be evidence of the above test.
Cow~ which show an extensive or entire induration
of oneor more qU8 rters of the udder upon physical examina-
tion, whether secreting abnormal milk or not, shall be
permanently excluded from the milking herd. Cows giving
bloody, stringy, or otherwi~e abnormal milk, but with only
slight induration of the udder, shall be excluded from the
herd until re-examination shows that the milk is alright.
For other diseases such tests and examinations as
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the health officer may require shall be made at intervals
and by methods perscribed by him, and any diseased animals
or reactors shall be disposed of as he may require.
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ITru~ 2r. Dairy barn, lighting. - A dairy or
milking barn shall be required and such sections thereof
where COWD are milked shall be provided with adequate
light properly distributed, and when necessary shall be
provided with adequate supplementary artificial light.
IT~: 3r. - Dairy barn, air space and venti-
lation. - Such sections of all dairy barns where cow,"
are kept or milked shall be well ventilated and shall
be so arranged as to avoid overcr·owding.
ITEI,! 4r. - Dai ry barn, floors. - The floors,
feed troughs and gutters of such parts of all dairy barns
in which cows are milked shall be constructed of concrete
or other approved impervious and easily cleaned material,
shall be grades to drain properly, and shall be kept clean-
and in good repair. No horses, pigs, fowl, calves, etc.,
shall be permitted in parts of the barn used for milktng.
ITffiÆ 5r. Dairy barn, walls and ceilings. - The
walls and ceilings of all dairy barns shall be white-
washed once each year or painted once every 2 years, or
oftener if necessary, or finished in an approved manner,
and shall be kept clean and in good repair. In case
there is a second story above that part of the barn in
which cows are milked, the ceiling shall be tight. If
the feed room adjoins the milking space, it shall be
separated therefrom by a dust tight partition and door.
No feed shall be storedin the milking portion of the
barn.
ITffi,! 6r. Dairy, barn, cow yard. - All cow
yards shall be graded and drained as well as practicable
and kept clean.
ITEM 7r. - Manure disposal. - All manure shall
be removed and stored or disposed of in such manner as
best to prevent the breeding of flies therein or the
access of cows to piles thereof.
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ITffiA 8r. Milk house or room, construction. -
There shall be provided a milk house or milk room in
which cooling, handling, and storing of milk and milk
products and the washing, bacterial treatment, and storing
of milk apparatus and utensils shall be done.
(a) The milk house or room shall be Drovided
with a tight floor constructed of concrete or othe
impervious material, in good repair,and graded to provide
proper drainage.
(b) It shall have walls and ceilings of such
construction as to permit easy cleaning, and shall be
well painted or finished in an approved manner.
(c) It shall be well lighted and ventilated.
(d) It shall have all openings effectively
screened including outward-opening, self-closing doors,
unless other effective means are provided to prevent the
entrance of flies.
(e) It shall be used for no otherpurposes than
those specified above e«cept.as may be approved by the
health officer; shall not open directly into a stable or
into any room used for domestic purposes; shall have
water piped into it; shall be provided with adequate
facilities for the heating of water for the cleaning of
utensils from the cleaning and other operations, which
shall be so located and conducted as to prevent any
contamination of the milk or of cleaned equipment.
Boilers shall not be located 1n room where milk is
handled or where utensils are washed.
Item gr. - Milk house or room cleanliness and
flies. - The floors, walls, ceilings, and equipment of
the milk house or room shall be kept clean at all times.
All means necessary for the elimination of flies shall be
used.
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ITEll 13r. Utensils, Cleaning. - All multi-use
containers, equipment, and other utensils used in the
handling, storage, or transportation of milk and milk
products must be thoroughly cleaned after each usage.
ITEI~ 14r. Utensils, bactericidal treatment. -
All multi-use containers, equipment and other utensils
used in the handling, storage, or transportation of milk
or milk products shall between each usage be subjected
to an approved bactericidal process with steam, hot
water, chlorine, or hot air.
ITEM 15r. Utensils, storage. - All containers
SANITARY ~UALITY. Item l2r. Utensils,
construction. - All multi-use containers or other
utensils used in the handling, storage, or transport-
ation of milk or milk products must be made of smooth
non-absorbent material and of such construction as to
be easily cleaned, and must be in good repair. Joints
and seams shall be soldereà flush. Woven wire cloth
shall not be used for straining milk. All milk påils
shall be of a small-mouth design approved by the health
officer.
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ITEM lOr. Toilet. - Every dciry farm shall be
provided with one ar more sanitary toilets convenient-
ly located and properly constructed, operated, and
maintained, so that the waste is inaccessible to flies
and cows not pollute the surface soil or contaminate
any water supply.
ITffiÆ llr. - Water Supply. - The water supply
for the milk room and dairy barn shall be properly
located, constructed, and operated and shall be easily
accessible, adequate, and of a safe
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and other utensils used in the handling, storage, or
transportation of milk or milk products shall be stored so
as not to become contaminated before being used.
ITElÆ 16r. Utensils, handling. - After bacteri-
cidal treatment no container or other milk or milk product
utensil shall be handled in such manner as to permit any
part of any person or his clothing to come in contact with
any surface with which milk or milk products come in contact..
ITÐJ 17r. - Milking, udders and teats, abnormal
milk.
The udders and teats of all milking cows shall
be clean and rinsed with a bactericidal solution at the
time of milking. Abnormal milk shall be kept out of the
milk supply and shall be so handled and disposed of as to
preclude the infection of the cows and the contamination
of milk utensils.
LTffi~ 18r. - Milkin~, flanks. - The flanks, bellies,
and tails of all milking cows shall be free from visible
dirt at the th e of milking.
ITEM 19r. Milkers' hands. - Milkers' hands shall
be clean, rinsed with a bactericidal solution, and dried
with a clean towel, immediately before milking and follow-
ing any interruption in the milking operation. ,vet-hand
milking is prohibited. Convenient facilities shall be
provided for the washing of milkers' hands.
ITEM 20r. Clean clothing. -
Milkers and milk
handlers shall wear clean outer gannents while milking or
handling milk, milk products, containers, utensils, or
equipment.
ITEM 21r. Milk stools. - Milk stools shall be
made of metal, kept clean and steriiized daily; provided
that sterilization of milk stools shall not be required
of raw or plant dairies.
, ITEM 22r. Removal of milk. - tach pail of milk
shall be removed immediately to the milk house or strain-
ing room. No milk shall be strained or poured in the
dairy barn.
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ITffiÆ 23r. - Cooling. Milk must be cooled immediate-
ly after completion of milking to 50 Deg. F or less,
and maintained at that averag~ ~emperatur.e as defined
.
in section 1 (S), until delivery. If milk is delivered
to a milk plant or receiving station for pasteurization
or separation, it must be delivered within 2 hours after
completion of milking or cooled to 60 Deg. F. or less
and maintained at that average temperature until delivered.
ITEM 24r. - Bottling and capping. - Milk and
milk products shall be bottled from a container with a
readily cleanable valwe, or by means of an approved
bottling machine. Bottles shall be capped by machine.
Caps re cap stock shall be purchased in sanitary containers
and kept therein in a .clean dry place until used. Within
12 months from date of passage of this ordinance milk
shall be bottled and capped by. a combination bottling
and capping machine apprQved by the health officer.
ITffif 25r. - Personnel, health. - The health
officer or a physician authorized by hL~ shall examine
and take a careful morbidity history of every person
connected ..1 th a retail raw dairy, Qr about to be
employed, whosa work brings him in contact with the
production, handling, stor.age, or transporation of milk,
milk products, containers, or equipment. If such examin-
ation or history suggests that such person may be a
carrier of or infected with organisms or typhoiq or
paratyþoid fever or any other communicab~e diseases
likely to be transmitted through milk, he shall secure
appropriate specimens of body discharges and cause them
to be examined in a laboratory approved by him or by
the state health a1 thor.i ties for such examinations.
Such persons shall fv~nish such information,
, submit to such physical examinations, and submit such
laboratory specimens as the health officer may .require
for the purpose of determining freedom from infection.
.
Certified milk-pasteurized. - Certified milk-
pasteurized is certified milk-raw which has been
pasteurized, cooled, and bottled in a milk plant confo~n-
ing with the requirements for Grade A pasteurized milk.
Grade A pasteurized milk. - Grade A pasteurized
milk is grade A raw milk with such exceptions as are
indicated if the milk is to be pasteurized, which has
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ITEM 26R. Miscellaneous. - All vehicles used for
the transporation of milk or milk products shall be so
constructed and operated as to protect their contents
from the sun and from contamination. All vehicles
shall be kept clean, and no substance cap~ble of
contaminating milk or milk products shall be trans-
ported with milk or milk products in such manner as
to permit contamination. All vehicles used for the
distribution of milk or milk products shall have the
name of the distributor prominently displayed.
The i=ediate surroundings of the dairy shall be
kept in a neat, clean condition.
GRADE B raw milk. - Grade B raw milk is raw
milk which violates the bacterial standard for grade
A raw milk, provided that its average bacterial plate
count, as determined under sections 1 (S) and 6, does
not exceed 1,000,000 per cubic centimeter, ,or its
avera8e direct microscopic count does not exceed
l,OOO,OOO per cubic centimeter if clumps are counted
or 4,000,000 per cubic centimeter if individual organ-
isms are counted, or its average reduction time is not
less than 3-1/2 hours, and which complies with all
other requirements for grade A raw milk.
Grade C raw milk. - Grade C raw milk is raw milk
w~ch violates any of the requirements of grade B raw
milk, and which shall be plainly labeled "cooking
only."
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necessary for the elimination of flies shall be used.
There shall be separate rooms for (a) the pasteurizing,
processing, cooling, and bottling operations, and (b). the
lecated and conducted as to prevent any contamination
of the milk or of the cleaned equipment. All means
.
at ion. - The various milk-plant operations shall oe so
ITEM 5p. Miscellaneous protection from contamin-
outwardly.
ITEI~ 4p. Lighting and ventilation. - All rooms
shall be well lighted ana ventilated.
ive means are provided to prevent the access of flies,
all openings into the outer air shall be effectively
screened and doors shall be self-closing, and shall open
kept clean.
ITro~ 3p. - Doors and \~ndows~ - Unless other effect-
a smooth, washable, light-colored surface and shall be
stores or in which milk utensils are washed shall have
of rooms in which milk or milk products are handled or
with trapped drains, and kept clean.
ITh~Æ 2p. Walls and ceilings. - Walls and ceilings
material md shall be smooth, properly drained, provided
concrete or otherequally impervious and easily cleaned
which. milk or milk products are handled or stored ID~ in
which milk utensils are washed shall be constructed of
21p,22p, and 23p, except that the partitioning require-
ment of item 5p shall not apply.
ITElÆ lp. Floors. - The floors of all rooms in
include the inspection on receiving and collecting stations
with respect to items lp to 14p, inclusive, and 17p,l9p,
The grading of a pasteurized milk supply shall
1 (S) and 6.
.
time after pasteurization and until delivery exceeds
3C,OÒO per cubic c·entimeter, as determined under Sections
conforming with all oftne following items of sanitation
and the average bacterial plate count of which at no
been pasteurized, cooled, and bottled in a milk plant
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washing and bactericidal treatment of container's. Cans
of raw milk shall not be unloaded directly into the pasteuri3-
ing room. Pasteurized milk or milk products shall not be
permitted to come in contact with equipment with which
unpasteurized milk or milk products have been in contact,
unless such equipment has first been thoroughly cleaned
and subjected to bactericidal treatment. Rooms in Which
milk, milk products, cleaned utensils, or containers are
handled or stored shall not open directly into any stable
or living quarters. The pasteurization plant shall be
used for no other purposes than the processing of milk
and milk products and the operations incident thereto
except as may be approved by the health officer.
ITID! 6p. Toilet facilities. - Every milk plant shall
be provided with toilet facilities conforming with the
ordinances of the City of Clermont. Toilet rooms shall
not open directly into any room in which milk, milk
products, equipment, or containers are handled or stored.
The doors of all toilet rooms shall be self-closing.
Toilet rooms shall be kept in a clean condition, in good
repair, and well ventilated. In case privies or earth
closets are permitted and used, they shall be separate
from the building, and shall be of a sanitary type
constructed and operated in conformity with the require-
ments of item lOr. grade A raw milk.
ITÐ~ 7p. Water supply.
The water supply shall be
easily accessible, adequate, and of a safe, sanitary
",0":8.
..
qu 1 ity.
ITIDA 8p. Hand-washing facilities. - Convenient
hand-washing facilities shall be provided, including warm
running water, soap, and approved sanitary towels. The
use 6f a COmmOn towel is prohibited.
.
ITEM 9p. Sanitary piping. - All piping used to conduct
milk or milk products shall be "sanitary milk piping" of
PAGE l8
a type which can be easily cleaned with a brush.
ITEI.! lOp. Construction and repair of containers
and equipment. - All multi-use containers and equipment
with which milk or rnilk products come in con tact
shall be constructed in such manner as to be easily
cleaned and shall be kept in good repair.
ITEM IIp. Disposal 'of wastes. - . All wastes shall
be properly disposed of.
ITE1! 12p. Cleaning and bactericidal treatment of
containers and equipment. - All milk and milk products
containers and equipment, except single-service containers,
shall be thoroughly cleansed after each usage.
All containers shall be subjected to an approved
bactericidal process after each cleaning and all equip-
ment immediately before each usage. Vfuen empty and
before being returned to a producer by a milk plant
each container shall be effectively cleaned and subjected
.
to bactericidal treabment.
ITE1! 13p. Storage of' containers and equipment. -
After bactericidal treatment all bottles, cans, and
other'multi-use milk or milk-products containers and
equipment shall be stored in such manner as to be
protected from contamination.
ITEM 14p. Handling of containers and equipment. -
Between bactericidal treatment and usage, and during
usage, containers and equipment shall not be handled
or operated in such manner as to permit contamination
of milk.
ITElÆ l5p. Storage, of caps, parchment paper, and
single-service containers. - Milk bottle caps or cap
.
stock, parchment paper for milk cans, and single-service
containers shall be purchased and stored only in
sanitary'tubes and cartons, respectively, ard shall be
kept therein in a clean dry place.
ITE1! 16p. Pasteurization. - Pasteurization shall be
performed as described in section 1 (1) of this ordinance.
.
.
.
Such persons shall furnish such information, submit
authorities for such examinations.
in a laboratory approved by him or by the State health
transmitted through milk, he shall secure appropriate
specimens of body discharges and cause them to be examined
fever or any other communicable diseases likely to be
..
or infected with the organisms of typhoid or paratyhoid
or history suggests that such person may be a carrier o~
storage, or transporation of milk, milk products,
containers, handling, or equipment. If such examination
work brings him in contact with the production, handling,
.
physician authorized by him shall examine and take a
careful morbidity history of every person connected with
a pasteurization plant, or about to be employed, whose
or oftener if deemed necessary the health officer or a
least its largest diameter~
ITEr.! 21p. Per·sonnel, health. - Once every 12 months
The cap or cover shall cover the pouring lip to at
products shall be done by approved mechanical equipment.
Hand capping is prohibited.
ITffid 20p. Capping. - Capping of milk and milk
products shall not be sold for human consumption.
ITE!Æ 19p. Overflow milk. - Overflow milk or milk
in approved mechanical equipment.
after receipt, and all pasteurized milk and milk products
shall be immedi~ely cooled in approved equipment to an
average temp~rature of 50 rleg. F. or less, as defined in
section 1 (S), and maintained thereat until delivery.
ITEld l8p. Bottling.- Bottling of milk and milk
products shall be done at the place of pasteurization
".
Unless they are to be pasteurized within 2 hours
. ad at that temperature until pasteurized.
in approved equipment to 50 Deg. F., or less and maintain-
received for pasteurization shall iw~ediately be cooled
~
IiliEM 17p. Cooling. - All milk and milk products
PAGE 19
.
.
GRADE C pasteurized milk. - Grade C p~steurized milk
is pasteurized milk which does not meet the requirements
6.
cubic centimeter, as determined under sections 1 (s) and
pasteurization and before delivery exceeds, 50,000 per
the provision for lip-cover capt in item 20p, and the
average bacterial plate count of vmich at notime after
of the requirements for grade A pasteurized milk, except
cooled, and bottled in a milk plant conforming with all
milk is Grade B raw milk which has been pasteurized,
GRADE B. Pasteurized milk. - Grade B Pasteurized
be kept in a neat, clean condition.
The immediate surroundings of the milk plant shall
prominently displayed.
milk or milk products shall have the name of the distributor
contamination. All vehicles used for the distribution of
kept clean, and no substance cªpable of contaminating
milk or milk products in such manner as to permit
.
back for loading and unloading. All vehicles shall be
pass the delivery man may be permitted in the sides or
and back, provided that openings of the size necessary to
permanent tops and with permanent or roll-down sides
final delivery containers shall be constructed with
for the transporation of milk or milk products in their
from the sun and from contamination. All vehicles used
constructed and operated as to protect their contents
the transportation of milk or milk products shall be so
ITEM 23p. Miscellaneous. - All vehicles used for
keep t heir hands clean at all times while thus engaged.
or equipment shall wear clean outer garments and shall
coming in contact with milk, milk products, containers,
ITEM 22p. Personnel, Cleanliness. - All persons
tory specimens as the health officer may req~ire for
the purpose of determining freedom from infection.
to such physical examinations, and submit such labora-
PAGE 20
PAGE 21
OF grade B pasteurized milk, and which shall be plainly
..
labeled "cooking only.".
Section 6 - Grades of milk and milk products which
may be sold. -
Any and all grades ofmilk and milk
products are defined in this ordinance may be sold in the
City of Clermont, Florid~, provided they are labelled
in accordance with the standards set by this ordinance.
Section 9-SuppLæmentary grading prescribed and
regrading, authorized. If, at any time between the regular
announcements of the grades of milk or milk products, as
the result of the findings of two consecutive inspections
of any dairy or milk plant, or because the average
bacterial plate count, the average direct microscopic
count, the average reduction time, or the average cooling
temperature exceeds the limit fixed for the grade currently
held by the milk supply in question, a lower grade shall
become justif J ed, in accordance with section 7 of this
ordinance, the health off~cer shall immediately lower
the grade of such milk or milk products, and shall enforce
proper lave ling and placarding thereof.
Any producer or distributor of milk or milk products
the grade of which has been lowered by the health officer
and who is properly labeling his milk and milk products,
may at any time make application for the regrading of his
product.
Upon receipt of a §~t1~factory application, in case
the lowered grade is the result of an excessive average
"'".iflllt
.
bacterial plate count, direct microscopic count, reduction
time, or cooling temperature, "the health officer shall
take further samples of the applicant's output, at a
rate of not more than two. samples per week. The health
officer shall i~ediately regrade the milk or milk products
upward whenever the average of the last four samples
results indicates the necessary qu<lity.
PAGE 22
In case the lowered grade of the applicant's product
is due to a violation of an item of the specifications
prescribed in Section 7, other than average bacterial
plate count, direct microscopic count, reduction time,
or cooling temperature, the said application must be
accompanied by a statement signed by the applicant to
the effect that the violated item of the specifications
has been conformed with. Wi thin one week of the receipt
of such an application and statement the health officer
shall make a reinspection of the applicant's establish-
ment, and thereafter as many additional reinspect ions
as he may deem necessary to assure himself that the
applicant is again complying with the higher grade
requirements, and, in case the findings justify, shall
regrade the milk or milk products upward.
Section 10. Transferring or dipping milk; delivery
containers; handling of more than one grade; delivery of
milk at quarantined residences. - Except as permitted
in this section, no milk producer or distributor shall
recap milk or transfer milk or milk products from one
container to another on the street, or in any vehicle
or store, or in any place except a bottling or milk
room especially used for that purpose. The sale of dip
milk is herebyprohibited.
All pasteurized fluid milk, which is to be consumed
as such, shall be delivered to the consumer within 50
hours of the time of pasteurization. All pasteurized
milk and milk products shall be placed in their final
delivery containers in the plant in which they are
pasteurized, and all raw milk and milk products sold
for consumptibn in the raw state shall be placed in
their final delivery containers at the farm in \mich
they are produced. Milk and milk products sold in the
distributor's containers in qum ti ties less than 1 gallon
.
.
the limits of routine inspection of the City of Clermont
Milk and milk products from points beyond
Clermont. -
Section 11. - Milk and milk products from points
beyond the limits of routine inspection of::the City of
requirements of the health officer.
..
quarantined residences shall be subject to the special
collection of milk or milk ,"roducts containers from
.
The delivery of milk or milk products to and the
milk products shall not be used for any other purpose
without the permission of the health officer.
ing, storage, processing, or transporation of milk or
containers, equipment, and utensils used in the handl-
delivered before retur~ing such containers. Apparatus,
containers in which such milk or milk products are
or milk products are delivered to clean thoroughly the
It shall be the duty of all persons to whom milk
not be submerged.
Bottled milk or milk products, if stored in water,
shall be so stored that the tops of the bottles will
to bactericidal treatment.
equipment has first been thoroughly cleaned and subjected
in contact with equipment with which a lower grade of
milk or milk products has been in contact unless such
No milk or milk products shall be permitted to come
to cream corisumed on the premises, which may be served
from the original bottle or from a dispenser approved
for such service.
bulk container equipped with an approved dispensing
device; provided that this rèquirement shall not apply
in which it was received from the distributor or from a
groceries, and similar establishnrents to sell or serve
any milk or milk products except in the original container
be unlawful for hotels, soda fountains, restaurants,
~"-
~
shall be delivered in standardmilk bottles. It shall
"
PAGE 23
.
handling of milk or milk products, the health officer
is authorized to require any or all of th~ following
measures: (l) the i~ediate exclusion of that person
from milk handling, (2) the immediate exclusion. of the
milk supply concerned from distribution and use, (3)
when suspicion arises as to the possibili~y of trans-
mission of infection from any p~r~oh cQfié~rned with the
Section 14. Procedure when infection suspected. -
signed approval shall be obtained from the health
officer and/or the State health department.
approval before work is begun. In the case of milk plants
altered shall be submitted to the health officer for
are hereafter constructed, recoEstructed, or extensively
prepared plans for all dairies and milk plants wp~ch
requirements of this ordinance for grade A dairy farms
producing milk for consumption in the raw state, or for
grade A pasteurization plants, respectively. Properly
altered shall conform in their construction to the
hereafter constructed, reconstructed, or extensively
~ll dairies and milk plants from which milk or milk
products are supplied to the City of Clermont which are
Section l3. - Future dairies and milk plants. -
contagious, or communicable disease occurs.
'producer or distributor of milk or milk products. upon
whose dairy farm or in whose milk plant anY/infectious,
shall be sent to the health officer i~ediately by any
Section 12. - Notification of disease. - Notice
enforcing such provisions.
diction over the production and processing is properly
satisfy himself that the health officer having juris-
ordinance; provided that the health officer shall
.
provisions equivalent to the requirements of this
may not be sold in the City of Clennont, or its police
.
jurisdiction, unless produced and/or pasteurized under
PAGE 24
..
~j&..""""
:..
PAGE 25
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 enforced by the health officer in
accordance with the interpretations thereof contained
in the 1939 edition of the United States Fublic Health
Service Milk Code, a certified copy of which shall be
on file in the City Clerk's office.
Section 16. - Penalty. - Any person who shall
violate any provision of this o,rdinance shall be fined
1/'", - t> 0
not more than ~~ ~ at the discretion of the
court. Each and every violation of the provisions of
this ordinance shall constitute a separate offense.
Section 17. - Repeal and date of effect. - All
ordi Dances and parts of ordinances in confl ic t wi th
this ordinance are hereby repealed; and this ordinance
shall be in full force and effect immediately upon its
adoption and its publication, as provided by law.
Section 18. - Unconstitutionality clause. - Should
any section, paragraph, sentence, clause, or phrase
of this ordinance be ,declared u~constitutional or invalid
for any reason, the remainder of said ordinance shall not
be affected thereby.
Passed and adopted by the City Council at a regular
meeting held on JUly~,1939.
O#f(-P~.
Presiden , City Council
ATTEST:
ClJ)~
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:.. .' ~". '-~~,41f@e~4red
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City Clerk
this ~ay
of July, 1939.
and approved by me
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