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O-39-40 ,. "~,. 4: ORDINANCE NO. 40 , 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. \ PAGE 2 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, . . . 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. .. ~. PAGE 3 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." . 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- . 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" PAGE 4 PAGE 5 =I 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 ./ .. PAGE 6 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 . . 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. . 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, ) 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 PAGE 7 .. .. . .. 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- ~. , 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 PAGE 8 PAGE 9 \ .. 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 :a 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. PAGE 10 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. . . 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. .. ~ PAGEdl " . 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. } . 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 PAGE 12 · :''.¡.1i'4i'~< .. PAGE 13 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. PAGE 14 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 ... PAGE 15 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." ~.- 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 PAGE:H6 PAGE 17 . 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)~ ~ .,.. ~~ O,_..:::.~~, " --.;~- ~~ "~ ~~:";:; ~- ~ ,\,~/ ~ _ ........~ ::. 'oS. --.., ~ '" .... ']. ~ ~ :.. .' ~". '-~~,41f@e~4red . - "0.~ '" .:: t!! ~ "", '" ,-, <c. ~, City Clerk this ~ay of July, 1939. and approved by me ê' " ;~ ~~", ¿'~- -..,...... ~,.. ~ -'? ~ ~,."'-~ ~~~.- '~ !';'t¡. _., ~\.; . ,. '... ." I Jdayor