HomeMy WebLinkAbout11013 ■
ORDINANCE NO. 1101
MILK ORDINANCE FOR THE CITY OF
PORT ANGELES, WASHINGTON
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(Patterned after the United State Public Health Service Milk Ordinance
1939 Edition)
An ordinance defining "milk" and certain "milk products," "milk producer,"
4 "pasteurization," etc., prohibiting the sale of adulterated and misbranded milk
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14 interpretation and the enforcement of this ordin =ance:
15 A. Milk. --- -Milk is hereby defined to be the lacteal secretion obtained by
16 the complete milking of one or`more healthy cows, excluding that obtained o'ithin
and milk products, requiring permits for the sale of milk and milk products,
regulating the inspection of dairy farms and milk plants, the examination, gradin,.,
labeling, placarding, pasteurization, regrading, distribution, and sale of milk
and milk products, providing for the publishing of milk grades, the construction
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.of future dairies and milk plants, the enforcement of this ordinance, the fixing
of penalties, and declaring an emergency to make the ordinance immediately effectiv
Be it ordained by the City Commissioners of the City of Port rngeles as
follows:
Section 1. Definitions. -- -'The following definitions shall apply in the
17 15 days before and 5 days after calving, or such longer period as may be necessary
18 to render the milk practically colostrum free; which contains not less than 8
19 percent of milk solids not fat, and not less than 34 percent of milk fat.
20 B. Milk fat or butter fat. -- -Milk fat or butter fat is the fat of milk.
24 C. Cream or sour cream. -- -Cream is a portion of milk Which contains not
22 less than 18 percent milk fat. Sour cream i`s cream the acidity of which is more
23 than 0.20 percent, expressed as lactic-acid.
24 D. Skimmed milk. - -- Skimmed milk is milk from which a sufficient portion
25 of milk fat has been removed to reduce its milk -fat percentage to less than 3i
26 percent.
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28 erage is a food compound•or confection consisting of mills or skimmed milk as the
29 case may be, to which has been added a sirup or flavor consisting of wholesome
30''! ingredients.
E. talk or skimmed -milk beverage. - - -A milk beverage or a skimmed -milk bev-
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F. Buttermilk. - -- Buttermilk is a product resulting from the churning of
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milk or cream, or from the souring or treatment by a lactic acid or other culture
2 of milk, skimmed milk, reconstituted skimmed milk, evaporated or condensed milk 1
3 or skimmed milk, or milk or skimmed -:Wilk powder. It contains not less than 8
4 percent of milk solids not fat. 3
5 G. Vitamin D milk. - -- Vitamin D milk is milk the vitamin D content of whic1
6 has been increased by a method and in an amount approved by the health officer. '
7 H. Reconstituted or recombined milk and cream. - -- Reconstituted or
8 recombined milk is e product resulting from the recombining of milk constituents
9 with water, and which complies with the standards for milk fat and solids not fat
10 of milk as defined herein. 2econstituted or recombined cream is a product
11 resulting from the combination of dried cream, butter or butter fat with cream,
12 milk, skimmed milk, or pater. i
13 I. Goat milk. -- -Goat milk is the lacteal secretion, free from colostrum,
14 obtained by the complete milking of healthy goats, and shall comply with all the
15 requirements of this ordinance. The word "cons" shall be interpreted to include
16 goats.
17 J. Homogenized milk. - -- Homogenized milt is milk which has been treated
18 in such manner as to insure break -up of the fat globules to such an extent that
19 after 48 hours storage no visible cream separation occurs on the milk and the
70 fat percentage of the top 100c.c. of milk in u quart bottle, or of proportionate
21 volumes in containers of other sizes, does not differ by more than 5 percent of
22 itself from the fat percentage of the remaining milk as determined after thorough
23 mixing.
24 K. Milk oroducts.-- ,iilk products shall be taken to mean and include
25 cream, sour crews, homogenized milk, goat milk, vitamin D. milk, buttermilk,
26 skimmed milk, reconstituted or recombined milk and cream, milk beverages, skimmed'
27 milk beverages, and any other product made by the addition of any substance to
28 milk or any of these products and used for similar purposes and designated as
29 a riilk product by the health officer.
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L. Pasteurization. - - -The terms "pasteurization," "pasteurized," and
31 similar terms shall be taken to refer to the -process of heating every particle
1 of milk or milk products to at least 143° F., and holding at such temperature
2 for at least 30 minutes, or to at least 160° F., and holding at such temperature
3 for at least 15 seconds, in approved and ,)roperly operated euipment: Provided,
4 That nothing cont..,ined in this definition shall be construed as disbarring 'ny
5 other process which hLs been demonstrated to be equally efficient ..nd is
6 approved by the Sthte health authority.
7 :3. ndulterated milk and milk products.- - -..ny milk or milk -roduct .:hick
8 cont.ins :.ny un :l.ola3ome uubstsnee, or hic:, it aefined in this ordin._nce does
9 not conform ..ith it definition, or which curries a grade label unless such
10 • grade label has been aw rded by the health officer z.nd not revoked, shall be
11 deemed adulterated and misbranded.
12 N. Palk producer. - - -A milk producer is any ?arson who mns or controls
13 one or more cows a part or all of the milk or milk products from which is sold
14 , or offered for sale.
15 0. Milk distributor. - - -A milk distributor is i.ny person who offers for
16 sale or sells to another any milk or milk products for human consumption as such.
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P. Dairy or dairy farm.---A dairy or dairy farm is any place or premises
18 where one or more coz;s are kept, a part or all of the milk or milk products from
19 which is sold or offered for sale.
20 Q. Falk plant. - - -2, milk plant is any place or premises or establishment
21 ::here milk or milk products are collected, handled, processed, stored, bottled,
22 pasteurized, or prepared for distribution.
23 R. Health officer. -- -The term "health officer" shall mean the health
24 authority of the city of c'ort rngeles and /or the County of Clall:,.m, or his
25 authorized representative.
26 S. .zverare bacterial plate count, direct microscopic count, reduction
27 time, and cooling temperature.,verage bacterial plate count and average
28 direct microscopic count shall be taken to mean the logarithmic average, and
29 average reduction time and average cooling temperature shall be taken to mean
30 the arithmetic average, of the respective results of the last four consFcutive
31 samples, taken upon separate days, irrespective of the date of grading or regradin
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1 T. Grading period. -- -The grading period shall be such period of time as
2 the health officer may designate uithin which grades shall be determined for
3 all milk and milk products, provided that the grading period shall in no case
4 exceed 6 months.
5 U. Person. -- -The word "person" as used in this ordinance shall mean
6 "person, firm corporation, or association."
7 V. i+nd /or.--- adhere the term "and /or" is used "and" shall apply where
8 possible, otherwise "or" shall apply.
9 Section 2. The sale of adulterated, misbranded, or ungraded milk or
10 milk products prohibited. - - -No person shall within the city of tort :.ngeles or
11 its police jurisdiction, produce, sell, offer, or ex;,ose for sale, or have in
12 possession with intent to sell, any milk or milk croduct :.hich is adulterated,
13 misbranded, or ungraded. It shall be unlawful for any person, elsewhere than
14 in a private home, to have in ~Possession any adulterated,- misbranded, or
15 ungraded milk or milk product.
16 Section 3. 'ermits. - - -It shall be unlawful for any 'person to bring into
17 or receive into the city of L'ort i.ngeies, or its police jurisdiction, for s:le, I(
18 or to sell, or offer for sale therein, or to hive in storage where milk or milk
19 products are sold or served, any milk or milk product defined in this ordinance,
20 who does not possess a permit from the health officer of the city of ,ort .rgeles.`
21 Only a person who complies with the requirements of this ordinance shall
22 be entitled to receive and retain such u permit.
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Such a permit may be suspended by the health officer, or revoked after an
24 opportunity for a hearing by the health officer, upon the violation by the holder'
25 of any of the terms of this ordinance.
26 Section 4. Labeling and placarding. - - -111 bottles, cans, oackages, and
27 other containers enclosing milk or any milk product defined in this ordinance
28 shall be plainly labeled or marked with (1) the name of the contents as -iven in
29 the definitions in this ordinance; (u) the grade of the contents; (3) the Lord
30 "pasteurized" only if the contents have been pasteurized; (4) the word "raw" only,
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if the contents are raw; (5) the phrase "for pasteurization" if the contents are
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1 to be pasteurized; (6) the name of the producer if the contents are raw, and
2 the name of the plant at which the contents were pasteurized if the contents
3 are pasteurized; and (7) in the case ,f Vitamin D,milk, tine designation
4 "Vitamin D ".:ilk" and the source of the vitamin D. The label or mark shall be
5 in letters of a size, kind, and color approved by the health officer and shall
6 contain no masks or words which are .misleading.
7 Every restaurant, cafe, soda fountain, or other establishment serving
8 milk or milk products shall display at all times, in a place designated by the
9 health officer, a notice approved by the health officer, stating the lowest
10 grade of milk and /or milk products served.
11 Section 5. Inspection of dairy farms and milk plants for the purpose
12 of grading or regrading. - - -Iet least once during each grading pericd the health
13 officer shall inspect all dairy farms and all milk plants whose milk or milk
14 products are intended for consumption within the city of fort J,ngeles, or its
15 police jurisdiction. In case the health officer discovers the violation of any
16 item of sanitation, he shall make e second inspection after a lapse of such
17 time as he deems necessary for the defect to be remedied, but not before the
18 lapse of 3 days; and the second inspection shall_be used in determining the
19 grade of milk and /or milk products. nny violation of the some item of this
20 ordinance on ti.o consecutive inspections shall call for immediate degrading.
21 One copy of the inspection report shall be posted by the health officer
22 in a conspicuous place upon an inside wall of one of the dairy farm or milk
23 plant buildings, and said inspection report shall not be defaced or removed
24 by any person except the health officer. .:pother copy of the inspection report
25 shall be filed with the records of the health department.
26 Section 6. The examination of milk and milk products. - -- During each
27 grading period at least four samples of milk and cream from each dairy farm and
28 each milk plant shall be taken on separate days and examined by the health
29 officer. Samples of other milk products may be taken and examined by the health
30 officer as often as he deems necessary. Samples of milk and milk products from
31 stores, cafes, soda fountains, restuarants, and other places where milk or milk
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products are sold shall be examined as often as the health officer may re,suire.
2 Bacterial plate counts and direct microscopic counts shall be made in conformity;
3 uith the latest standard methods recommended by the ericen Public Health
4 F�ssociation. Examinetions may include such other chemical 4nd physical determ-
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inations as the health officer may deem necessary for the detection of adulteretaon,
these examinations to be made in accordance with the lastest standard methods
of the American Public health association and the association of Official
Agricultural Chemists. Samples may be taken by the health officer at any time
prior to the final delivery of the milk or milk products. x.11 proprietors of
stores, cafes, restaurants, soda fountains, and other similar places shall
furnish the health officer, upon his request, with the names of all distributors
from whom their milk and milk products are obtained. Bio- _Essays 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.
:Whenever the average bacterial count, the average reduction time, or the
average cooling temperature falls beyond the limit for the grade then held, the
health officer shell send written notice thereof to the person concerned, and
shall take an additional sample, but not before the lapse of 3 days, for
determining a new average in accordance with section 1 (s). Violation of the
grade re,•uirement by the new average or by any subsequent average during the
remainder of the current grading period shall call for immediate degrading or
suspension of the permit, unle,s the last individual result is ithin the grade
limit.
Section 7. The grading of milk and milk products. - - -et least once every
6 months the health officer shall announce the grades of all milk and milk
products delivered by all producers or distributors and ultimately consumed
within the city of Port ,.ngelss, or its police jurisdiction. Said grades shall
be based upon the following standards, the grading of milk products being identicdl
with the grading of milk except that the bacterial standards shall be doubled in
the case of cream, and omitted in the case of sour cream and buttermilk. Vitamin
D milk shall be only of grade rl or grade B pasteuri'4ed, certified, or Grade :.
raw ,uelity.
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1 Certified milk- raw. - -- Certified milk -raw is raw milk which conforms
2 with the requirements of the <merican Association of '':edical silk Commissions
3 in force at the time of production and is produced under the ,upervision of
4 a medical milk comnission and of the State board of health or of the City or
5 county health officer of Clallam County.
6 Grade A raw milk. -- -Grade h raw milk is raw milk the average bacterial
7 plate count of which as determined under sections 1 (S) and 6 of this ordinance
8 does not exceed 25,000 per cubic centimeter, or the average direct 1icrescopic
9 count of "ich does not exceed 25,000 per cubic centimeter if clurnas are counted
10 or 100,000 per cubic centimeter if individual organisms are counted, or the
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average reduction time of which is not less than 8 hours: .Provided, That if it ,
12 is to be pasteurized the corresponding limits shall be 50,000 oer cubic centi-
13 meter, 50,000 per cubic centimeter, :00,000 per cubic centimeter, and 6 hours
14 respectively; and which is produced upon dairy farias conforming with all of the
15 following items of sanitation.
16 Item lr. Cows, tuberculosis and other diseases.--- 'xcept as provided
17 hereinafter, a tuberculin test of all nerds and Ldditions thereto shall be r7ude
18 before any milk therefrom is sold, and at least once every 12 months thereafter,
19 by a licensed veterinarian approved by the State livestock sanitary authority.
20 Said tests shall be made and reactor r disposed of in accordance with the reiuire
21 ments approved by the United States Department of Agriculture, Bureau of .nimal
22 Industry, for accredited herds. A certificate signed by the veterinarian or
23 attested to by the health officer and filed .:ith the health officer shall be
24 evidence of the above test: Provided, That in modified accredited counties
25 in - hich re:.odified accredited area plan is applied to the dairy i:erds the
26 modified accredited area system approved by the United States Bureau of Animal
27 Industry shall be accepted in lieu of annual testing.
28 All milk and milk products consumed raw shall be from herds or additions
29 thereto which have been found free from•Bang's disease, as shown by blood serfs
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tests for agglutinins against Brucella abortus mude in a laboratory approved
31 by the health officer. All such herds shall be retested at least every 1u months.
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1 and all reactors removed from the herd. certificate identifying each animal
2 by number, and signed by the laboratory making the test, shall be evidence of
3 the above test.
4 Cows which show an extensive or entire induration of one or more quarters
5 of the udder upon physical examination, whether secreting abnormal milk or not,
6 shall be permanently excluded from the milking herd. CONS giving bloody, stringy,
7 or otherwise abnormal milk, but with only slight induration of the udder, shall
8 be excluded from the herd until re- examination shows that the milk has become
9 normal.
10 For other diseases such tests and examzinftions as the health officer may
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require shall be made at intervals and by methods prescribed by hin, and any
diseased animals or reactors shall be disposed of as he may require.
13 Item 2r. Dairy barn lighting. - - -A dairy or milking barn shall be re uired�
14 and in such sections thereof where cows are milked windows shall be provided
15 and kept clean and so arranged as to insure adequate light properly distributed,
16 and when necessary shall be provided with adequate supplementary artificial light.
17 Item 3r. Dairy barn, air space, and ventilation. -- -Such sections of all
18 dairy barns where cows are kept or milked shall be well ventilated and shall be
19 so arranged as to avoid overcrowding.
20 Item dr. Dairy barn, floors. - - -The floors and gutters cf such parts of
21 all dairy barns in which eo.=s are milked shall be constructed of concrete or
22 other approved mnervious and easily cleaned Material, provided that if be
23 milk is to be pasteurized tight wood may be used, shall be graded to drain
III 24 properly, and shall be kept clean and in good repair. !,o horses, pigs, foal,
25 calves, etc. shall be ,permitted in parts of the barn used for milking.
26 Item 5r. Dairy barn, walls and ceilings. - --.The walls and ceilings of
27 all dairy barns shall be whitewashed once each year or painted once every 2 years‘
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or oftener, if necessary, or finished in an approved manner, and shall be kept
29 clean and in rood repair. In case there is a second story above that part of
the barn in which cows are milked, the ceilinC sba].1 be tight. If th,? feed
room adjoins the milking space, it shall be separated fherefrom by as dust-
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1 tight a partition as practicable. No feed shall be stored in the milking
2 portion of the barn.
3 Item 6r. Dairy barn, cowyerd. - - -,11 cowyards shall be graded and
4 drained as well as practicable and kept clean.
5 Item 9r. L pure disposal.----11 manure shall be removed and, stored or
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disposed of in such manner as best to revent the breeding of flies therein or
the access of caws to piles therebf.
Item 8r. l:ilk house or room, construction. -- -There shall be jrovided
u milk house or milk room in which the cooling, handling, and storing of milk
and milk products and the washing, bactericidal treatment, and storing of milk
containers and utensils ehall be done. (a) The milk house or room shall be
provided with a tight floor constructed of concrete or other impervious materiel,
in good repair, and graded to provide proper drainage (b) It shall have walls
14 and ceilings of such construction as to permit easy cleaning, and shall be well
15 painted or finished in an approved manner. (c) It shall be .:ell lighted and
16 ventilated. (d) It shall have all openings effectively screened including
17 outward-opening, self - closing doors, unless other effective means are rovided to
18 Prevent the entrance of flies. (e) It shall be used for no other purposes than
19 those specified above except as may be approved by the health officer; shall not
20 open directly into a stable or into _ny room used for domestic purposes; shall
21 have grater piped into it; shill be ., rovided ::ith adequate facilities for the
22 heating of water for cleaning of utensils; shall be equipped eith two - compartment,
23 stationary wash and rinse vats, except that in the case of retail rte. milk, if
24 chlorine is employed as the principal bactericidal treatment, the three -tom e.rt-
25 ment type must be used; and shall, unless the milk is to be oesteuriLed, be
26 partitioned to Separate the handling of milk aid the storage of cleansed utensils
27 from the cleaning and other operations, which shall be so located and conducted G
28 • as to prevent any contamination of the milk or of cleaned eeui Tent.
29 Item 9r. 1'ilk house or room, cleanliness and fli ^s. -- -The floors, wells,
30 ceilings, ;n3 e,uip:.ent of the milk house or room shall be kept clean at all
31 times. All means necessary for the elimination of flies shell be used.
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Item 10r. Toilet.--- Every dairy farm shall be provided with one or more
2 sanitary toilets conveniently located and properly constructed, operated, and
3 maintained, so that the 7aaste is inaccessible to flies and does not pollute the
4 surface soil or contaminate any tar supply.
g Item lir. ,':ter supply. -- -The water supply for the milk room and dairy
6 barn shall be properly located, constructed, end opera ed,, and shall be e oily
7 accessible, odeluLte :nd of a safe sanitary auality,
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Item 12r. Utensils,, construction. -- -1-,11 multi -use containers or other
9 utensils used in the handling, storage, or transportation of milk or milk
10 products must be made of smooth nonabsorbent material and of such construction
11 as to be easily cleaned, end must be in good repair. Joints and seams sh.,11 be
12 soldered flush. ',oven sire cloth shall not be used for straining milk. 11
13 milk pails shall be of a small -mouth design approved by the heLlth officer. The
14 manufacture, packing, transportation, and handling of uingle- service containers
15 and container ceps and covers shall be conducted in a sanitary manner.
16 Item 13r. Utensils, clecning. -- -All multi -use containers, equipment,
17 and other utensils used in the handling, storage, or transportation of milk
18 and mile products rust be thoroughly cleaned after each usage.
19 Item 14r. Utensils, bactericidal treatment. -- -111 multi -use containers,
20 e_uipment, and other utensils used in the handling, storage, or transportation
21 of mils or mil', products shall betseen each usage be subjected to an approved
22 bactericidal ?rocess with steam, hot aster, chlorine, or hot air.
23 Item 15r. Utensils, storage.---Ali containers and other utensils used
24 in the handling,
storage, or
transportation of milk or milk products shall be
25 stored so ..s not to become contaminated inated before being used.
26 Item 16r. Utensils, handling. -- -After bactericidal treatment no container
27 or other milk or milk product utensil shall be handled in such manner as to
28 permit any part of any person or his clothing to come in contact :.ith ,.ny surface
29 with which milk or milk products come in contact.
30 Item 17r. Milking, udders and teats, abnormal milk. - - -The udders and
31 teats of all milking cows shall be clean and rinsed with a bactericidal solution
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1 at the time of milking. Abnormal milk shall be kept out of the milk supply
2 and shall be so handled and disposed of as to preclude the infection of the
3 cows and the contamination of milk utensils.
4 Item 18r. P::ilkin� flanks. -- -The flanks, bellies, and tails of all
5 milking cows shall be free from visible dirt at the time of milking.
6 Item 19r. Milkers' hands. - -- Milkers' hands shall be clean, rinsed with
7 a bactericidal solution, and dried with a clean towel immediately before milking 1
8 and following any interruption in the milking operation,. :.et -hand milking is
9 prohibited. Convenient facilities shall be provided for the washing of milker's ;
10 hands.
11 Item 20r. Clean clothing. - -- Milkers and milk- handlers shall ..ear clean
12 outer garments while milking or handling milk, milk product., container
13 utenrile, or e. :uipment.
14 Item 21r. faik stools. -- -Milk stools shall be kept clean.
15 Item 22r. ,.emoval of milk. - - --Z ch pail of milk shall be removed
16 immediately to the milk house or straining room. loo milk shall be strained or
17 poured in the dairy burn, provided that if milk is delivered to r21ik aunt
18 or receiving station for )asteurization, it may be oured in the dairy barn,
19 provided that the containers used be shielded from *iossitle contamination.
20 Item 23r. Cooling.-- -R1i1k must be cooled immediately aft,r completion
21 of milking to 50° F. or less, and maintained at that over -.ge temperature, as
22 defined in section 1 (S), until delivery. If milk is delivered to u milk plant
23 or receiving ttetion for pasteurization or separation, it rust be cooled to
24 60° F. or less and maintained at that average temperature until delivered.
25 Item 24r. Bottling and capping.--- s..ilk and milk products shall be
26 bottled from . container s.ith a readily cleanable valve, or by means of an
27 approved bottling machine. Bottles shall be capped by machine. Caps or cap
28 stock shall be purchased in sanitary containers and kept therein in a clean dry
29 place until used.
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Item 25r. Personnel, health. - - -The health officer or a physician
authorized by him shall examine and take a careful morbidity history of every
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person connected with a retail raw dairy, or about to be employed, whose work
2 brings him in contact with the production, handling, storage, or transportation
3 of milk, milk products, containers, or equipment. If such examination or
4 history suggests that such person may be a carrier of or infected with the
5 organisms of typhoid or paaavyphoid fever or any other communicable diseases
6 likely to be transmitted through milk, he shall secure appropriate specimens
7 of body discharges and cause them to be examined in a laboratory approved by
8 him or by the State health authorities for such ex5minations, E;nd if the
9 results justify such person shall be barred from such employment.
10 Such persons shall furnish such information, submit to such physical
11 examinations, and submit such laboratory specimens ::s the health officer may
12 require for the purpose of determining freedom from infection.
13 Item 26r. ::iscelleneous. - -- All vehicles used for the transportation
14 of milk or milk products shall be so constructed End operated as to protect
15 their contents from the sun and from contamination. ,11 vehicles used for
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16 the transportation of milk or milk products in their final delivery containers
17 shall be constructed with permanent tops and with permanent or roll-down sides
18 and back, provided that openings of the size necessary to pass the delivery mun
19 may be permitted in the sides or back for loading and unloading purposes. All
20 vehicles shall be kept clean, and no substance capable of contaminating milk or
21 milk products shell be transported with milk or milk products in such manner es
22 to permit contamination. All vehicles used for the distribution of milk or milk
23 products shall have the name of the distributor prominently displayed.
24 The immediate surroundings of the dairy shall be kept in a neat, clean
25 condition.
26 Grade B raw milk. -- -Grade B raw milk is raw milk which violates the
27 bacterial standard and /or the abortion testing requirement for grade n raw milk,
28 but which conforms with all other requirements for grade raw milk, and has
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an average bacterial plate count not exceeding 50,000 per cubic centimeter, or
an average direct microscopic count not exceeding X50,000 per cubic centimeter
if clumps are counted or k00,000 per cubic centimeter if individual organisms
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1 are counted, or an average reduction time of Lot -ess than hours, as
2 determined under sections 1 (S) and 6.
3 Grade C raw milk. -- -Grade C raw milk is raw milk which violates any
4 of the requirements ftr grade S raw milk.
5 Certified milk - pasteurized. - -- Certified milk- pasteurized is certified
6 milk -raw which has been oasteurized, cooled, and bottled in a milk plant
7 conforming to the requirements for grade A pasteurized milk.
8 Grade x pasteurized milk. -- -Grade A pasteurized milk is grade M ratio
9 milk, with such exceptions as are indicated if the milk is to be pasteurized,
10 which has been pasteuriz d, cooled, and bottled in a milk plant conforming
11 kith all of the follct;ing items of sanitation and the average bacterial plate
12 ' count of which at no tire after pasteurization and until delivery exceeds
13 15,000 oer cubic centimenter, as determined under sections 1 (S) and 6.
14 . The grading of a ' asteurized milk sup)ly shall include the inspection
15 of receiving end collecting stations eith respect to items 1p to 15p, inclusive,
16 and 17p, 19p, ::,cp, and 23p, except that the partitioning requirement of item
17 5p shall not apply.
18 Item 1p. Floors. - -- The floors of all rooms in which milk or milk
19 products are handled or stored or in ehich milk utensils are washed shall be
20 construct A. of concrete or other equally impervious and easily cleaned material I.
21 and shall be smooth, properly drained, provided 7ith trapped drains, end kept
22 clean.
23 Item 4p. 7alls and ceilings. ---- :.ails :.nd ceilings of rooms in :.hich
24 milk or milk products are handled or stored or in which milk utensils are n:sh'd
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shall have a smooth, washable, light- colored surface and shall be kep clean.
26 Item 3p. Doors and windows. - -- Unless other effective means are provided
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to ,revent the - ::oe-s of flies, all openings into the outer air shall be effectivdly
screened and doors shall be self - closing.
29 Item 4p. Lighting and ventilation.- - -All rooms shell be .ell lighted
30 and ventilated.
31 Item 5p. Miscellaneous protection from contamination. -- -The various mill:-'
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1 plant operations shall be so located and conflicted as to prevent any conte:m-
2 ination of the milk or of the cleaned equipment. .11 means necessary for the
3 elimination of flies shall be used. There shall be separate rooms for (a)
4 the pasteurizing, processing, cooling and bottling operations, and (b) the 1
5 washing and bactericidal treatment of containers. Cans of rav: milk shall not t
6 be unloaded directly into the pasteurizing room. Pasteurized milk or milk
7 products shall not be permitted to come in contact with equipment with which
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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 qurters. 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.
Item 6p. Toilet facilities. --- -Every milk plant shall be provided with
16 toilet facilities conforming ith the ordinances of the city of Port ..ngeles.
17 Toilet rooms shall not open directly into any room in s:hich milk, milk products,
18 equipment, or containers are handled or stored. The doors of Ad toilet rooms
19 shall be self- closing. Toilet rooms shall be kept in a cler..n ccndition, in good
20 repair, and well ventilated. In case privies or earth closets are permitted
21 and used they shall be separate from the building, and shall be of a sanitary
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type constructed and operated in conformity with the requirements of item 10r,
23 grade n raw !silk.
24 Item 7p. Water supply. -- -The water supply shall be esily accessible,
25 adequate, and of a safe, snnitury quality.
26 Item 8p. Hand - washing facilities.--- Convenient hand - washing facilities
27 shall be provided, including warm running water, soap, and approved sanitary
28 toads. The use of a common towel is prohibited.
29 Item 9p. Sanitary pipina�. - -- ,x.11 piping used to conduct milk or milk
30 products shall be "Sanitary milk piping" of a type which can be easily cleaned
31 with a brush. Pasteurized milk and milk products shall be conducted from one
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1 piece of equipment to another only through sanitary milk piping.
2 ' Item 10p. Construction and repair of containers and e uipoent. - - -,U 1
3 multi -use containers and equipment with which milk or milk products come in
4 ' contact shall be constructed in such manner ,s to be eA sily cleared and shall
5 be kept in good repair. The manufacture, racking, transportation, and hr_naling
6 of single- service containers and container caps _nd covers shall be conducted
7 in a sanitary manner.
8 Item llp. Disposal of -.tastes- - -.,11 :,'f.stes shall be properly
9 disposed of.
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11 2,11 milk and milk products containers and equipment, except single- service
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22 handled or operated in such wanner .:s to permit contamination of the milk.
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26 respectively, and shall be kept therein in a clean dry glace.
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28 cribod in section 1 (L) of this ordinance.
29 Item 17p. Cooling. - - -all milk and milk products received for lasteur-
30 ization shall immediately be cooled in approved equipment to 500 1. or less and
31 m inteined at that temperature until pasteurized, unless they are to be
Item lap. Cleaning and bactericidal treatment of containers and equipment.
containers, shall be thoroughly cleaned after each usage. :11 containers shall
be subjected to an approved bactericidal proceas after each cleaning and all
eriuipment immediately before each usage. ;;den empty and before being returned
to a producer by a milk plant each container shall, be effectively cleaned .,.nd
subjected to bactericidal treatment.
Item 13p. Storage of containers and eciuiptent.--- After bactericidal
treatment all bottles, cans, and other multi -use milk or milk- products containers
and equipment shall be stored in such mnner as to be protected fron contumin.tior'
Item 14p. Handling of containers and e uipaent.--- Between bactericidal
treat:_ °nt and usage, and clurin=- uon'•', containers and equipment shall not be
Item 15p. Storage of caps, parchment paper, and single- service containers.
Mk-bottle caps or cep stock, parchment paper for milk cans, and single- service
containers shu11 be purchased and stored only in sanitary tubes and cartons,
Item 16p. Pasteurization . - -- Pasteurization shell be performed :s des-
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1 pasteurized 'ithin 2 hours after receipt; and 411 pasteurized milk and milk
products shall be immediately cooled in approved equipment to an average
3 temperature of 50° F. or less, as defined in section 1 (S), and maintained
4 thereat until delivery.
5 , Item 18p. Bottling. - -- Bottling of milk and milk products shall be done
6 at the place of pasteurization. in ap roved mechanical equipment.
7 Item 19g. Cverflow milk.---Overflow milk or milk products shall not
8 bs sold for human consumption.
9 Item 4p. Cappinc. - -- Capping of milk and milk nxoducts shall be done by
10 approved mechanical equipment. Hand capgiag is r.rohibited. The cap or cover
11 shall cover the pouring lip to :tt least its largrst diameter.
12 . Item 21p. i'ersonnel, health. - - -The health officer or physician authorized'
13 by him shall examine and take e. careful morbidity history of every person
14 connected •r.ith a pasteurization plant, or about to be employed, chose Lork
15 brings him in contact ..ith the production, bending, stora,e, or transportation,
16 of milk, milk products, containers, or equipment. If such exLmination or
17 history suggests that such person may be L. carrier of or infecte,: with the
18 organisms of typhoid or paratyphoid fever or any other communicable diseases
19 likely to be transmitted through milk, he shall secure appropriate specimens
20 of body dischar.a,es and cause them to be examined in laboratory approved by
21 him or by the State health authorities~ for such exi,minutions, and if the results
22 justify such person shall be burred from such employ nt.
23 Such persons shall furnish such information, submit to such physical
24 examination:., end submit such laboratory specimens as the health _fficer may
25 require for the purpose of determinin freedom from infection.
26 Item 22p. Personnel, cleanliness. -- -:111 persons coming; in eontr:ct with
27 milk., milk products, containers, or e•.,uipment shall wear clean ouurs rments
28 and shall keep their hands clean at all tires 7ihile thus engaged.
29 Item 23p. ;:.iscellaneous. - - -,11 vehicles used for the tr:_nsportition of
30 milk or milk .rroducts shall be so constructed and operated es to protect their
31 contents from the sun and from contamination. ^11 vehicles used for the
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1 transportation of milk or milk products in their final delivery containers
2 shall be constructed with permanent tops and with permanent or roll- doc,-n sides
3 and back, provided that openings of the size necessary to )ass the delivery
4 man may be err.itted in the sides or back for loading and unloading purposes.
5 vehicles shall be kept clean, ::id no substance cap b?e of contaminating
6 milk or milk products shall be transported with milk or milk products in such
7 manner as to hermit contamination. r,11 vehicles used for the distribution of
8 milk or milk products shall have the name of the distributor prominently
9 displayed.
10 The immediate surroundings of the milk plant shall be kept in a neat,
11 , clean condition.
12 Grad;B pasteurized milk. -- -Grade B pasteurized milk is ,:usteurized milk
13 which violates the bacterial stndard for grade pasteurized milk and /or the
14 provision of li' -cover caps of item 20p and or the requirement that grade A
15 raw milk be used, but t,hich confor-s ::ith all other re juirements for grade A
16 pasteurized milk, has been made from raw milk of not less than grade B quality, 1
17 and has an average bacterial platecount after sstearization and before delivery
18 not exceedins• 25,000 per cubic centimeter, as determined under sections 1 (S)
19 and 0.
20 Grade 0 pasteurized milk. -- -Grade C pasteurized milk is pasteurized milk
21 :.hieh violates any ,of the requirements for grade B p:..steurized milk.
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Section 8. Grades of milk and milk products which rza be sold. -- -From
23 and after four months from the date on which this ordinance takes effect no
24 milk or mirk products shall be sold to the final consun.er or to restaurants,
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26 pasteurized; certified row; grade ;; pasteurized; and grade raw: Provided,
27 That when any milk distributor fails to Yualify for one of the -.bove grades
28 the health officer is authorized to revoke his ^ermit, or in lieu thereof to
29 degrade his -product and _permit its sale during a temporary period not exceeding
30 days or in emergencies such longer period'as he may deem necessary.
Section 9. Supplementary grading prescribed and regrading authorized. - --
soda fountains, grocery stores, or similar establishments except, certified
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1 If, at any time between the regular announcements of the grmdes of milk or
2 milk products, u lower grade shall become justified, in accordance vith sections
3 5, 6, and 7 of this ordinance, the health officer shall immediately lower the
4 grade of such milk or milk products, and shall enforce proper labeling and
5 pl: carding thereof.
6 fly producer or distributor of milk or milk products the grade of .,hick
has been lowered by the health officer, and who is properly labeling his milk
8 and milk products, may ut any time Luke a plication for the regrading of his
9 product.
10 Upon receipt of a satisfactory application, in case the loitered grade
11 is the result of azn a.xcessive average bacterial plate count, direct microscopic
12 count, reduction time, or cooling temperature, the health officer shall t:_ke
13 further samples of the — pplicant's output, at a rate of not more than tl,o
14 samples per week. The health officer shall regrade the milk or milk products
15 upwurd whenever the average of the last four'samole results indicates the
16 necessary .;uality, but not before the lapse of E weeks from the dz.te of degrading.
17 In case the lowered grade of the applicant's product is due to a,
18 violation of an item of the specifications prescribed in section 7, other than
19 verge bacterial plate count, direct microscopic count, reduction time or
20 cooling temperature, the said application must be accompanied by a statement
21 signed by the applicant to the effect that the violE7ted item of the specificationi3
22 has been comformed with. ::ithin 1 week of the receipt of such :n : <pplication
23 and statement the health officer shall make a reinspection of the applicant's
24 establishment, and thereafter as many additional reinscections as he may deem
25 necessary to assure himself that the applicant is aigain complying with the
26 higher grade re,.uirements, and, in case the findings justify, shall regr-de the
27 milk or milk products upward, but not before the lapse of two weeks from the
date of degrading.
Section 10. Transferring or dipping milk; delivery containers; handling
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of more than one grade; delivery of milk at quarantined residences.---- ixcept as
permitted in this section, no milk producer or distributor shall transfer milk
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or milk products from one container to another on the street, or in any vehicle
2 or store, or in any place except a bottling or milk room especially used for
3 that purpose. The sale of dip milk is zereby prohibited.
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r11 pasteurized milk and milk products shall be -laced in their final
5 delivery containers in the plant in which they are pasteurized, and all raw
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milk •.:nd !milk products sold for consumption in the raw state shall be placed in
their final delivery containers at the farm at 4hich they are produced.
8 and milk products sold in the distributor's containers in •.;u >ntities less than
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1 gallon shall be delivered in standard milk bottles or in single- service
containers. It shall be unlawful for hotels, soda fountains, restaurants,
11 groceries, 4:nd similar establishments to sell or serve any milk or milk product
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except in the original container in s.hich it was received from the listz•ibutor
or from a bulk container e nipped kith an *proved dispensing device: i•rovided,
14 That this requirement shall not apply to cream consumed on the premises, .which
15 may be served from the original bottle or from a dispenser approved for such
16 service.
17 It shall be unlawful for any hotel, soda fountain, restaurant, grocery,
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or similar establishment to sell or serve any milk or milk products which have
19 not been maintained, while in its possession, at u temperrture of 50 0 F. or less.#
No milk or milk products shall be permitted to come in contact with
21 equipment with which a lower grade of milk or milk Droducts has been in contact
unless such equipment has first been thoroughly cleaned and subjected to
bactericidul treatment.
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Bottled milk or milk products, if stored in water, shall be so stored that ;
the tops of the bottles gill not be submerged.
It shall be the duty of all persons to %whom milk or milk products are
27 delivered to clean thoroughly the containers in .which such milk or milk products
28 are delivered before returning such containers. _,pparatus, containers, equipment,
29 end utensils us -!d in handling„ storage, processing, or transporting of milk or
30 milk products shall not be used for any other purpose without the permission of
31 the health officer.
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1 The delivery of milk or milk products to and the collection of milk or
2 milk- products containers from residences in which cases of communicable disease
3 transmissible through milk supplies exist shu11 be subject to the special
4 requirements of the health officer.
5 Section 11. lilk and milk products from points beyond the limits of
6 routine inspections. - - -l.a lk and Milk products fr m points beyond the limits
7 of routine inspection of the city of rort ,,ngeles may not be sold in the city
8 of Port i,mgeles, or its police j urisdiction , unless
produced and /or pasteurized
9 under provisions equivalent to the requirements of this ordinance: Provided,
That the health officer shall satisfy himself that the health officer having
jurisdiction over the production and processing is properly enforcing such
provisions.
13 Section 1‘,. ruture dairies Aid milk r1nts. - - - ;a1 dz.iries and milk
14 plants from which milk or milk products are supplied to the city of port ..ngeles
15 Which are hereafter constructed, reconstructed, or extensively -altered shall
conform in their c,nstruction to the requirements of this ordin nce for grade
dairy farms producing Milk for consumption in the raw state, or :or or.de A
18 pasteurization plants, respectively: Provided, That the requirement of a two-
19 room milk house shall be waived in the case of dairies the milk from ~;With is
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20 . to be pasteurized. t'roperly prepared plrns for all dairies and milk _;,lints
21 ,rhich are hereafter constructed, reconstructed, or extensively altered shall
22 be submitted to the health officer for aaprovel before work is begun. In the
23 case of milk plants signed approval shall be obtained from the iealth officer
24 and /or the State health department.
25 Section 13. Notification of disease.--- otice shall be sent to the
26 health officer immediately by any producer or <;.istributor of milk or mil's
27 products upon ^chose dairy farm or in whose milk plant any infectious, covt.,.gious,
28 or carmunicable dice. a'e occurs.
29 Section 14... Procedure when infection susected. -- -:;pen suspicion -.rises
30 is to the --ossibility* of transmission of infection from any person concerned
31 ,.ith the h::ndlinr of milk or milk products, the health officer ie authorized to
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require any or all of the folloldng measures: (1) The immediate exclusion
2 of that person from milk handling, (ti) the immediate exclusion of the milk
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4 bacteriological exzaaination of the person, of his associ•ites, and of his =nd
5 their body discharges.
6 Section 1E. Enforcement interpretation. -- -This ordir.. -..nce shall be
7 enforced by the health officer in accordance ::ith the interpretations thereof
8 contained in the 1939 edition of the United Stites Public health Service '"ilk
9 Code, a certified copy of ,rhich shall be on file in the city clerk's office.
10 Section 16. Penalty. - -- ny person who shall violate _ny provision of
11 this ordin nce shall be fined not more than "10.00 or thirty d ys in ;;_:i1 or
12 both at the discretion of the court. Each .1.18 every violation of the provisions
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supply concerned from distribution and use, (3) the ade:uate medical and
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of this ordinance shall constitute a separate offense.
Section 17. Repeal and date of effect. -- -till ordinances and parts of
ordinances in conflict - .ith this ordinance are hereby repealed; and this
ordinance shall be in fu -1 faros _nd effect immediately upon its f;doption and
its ,,mblication, as provided by lay..
Section 18. Unconstitutionality clause. - -- Should _ry section, paragraph,
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sentence, clause, or phrase of this ordinance b- decl,.red unconstitution l or
invalid for any reason, the remainder of said ordinance shall not be affected
thereby.
Section 19. That by reason of the facts stated, this ordinance is
necessary for the preservation of the peace, nealth, -nd safety of the inh._bita.nts4
of the city of wort ..nL;eles and sh,11 take effect immediately after its passage,
approval, and lar:ful publication.
Passed first reading by the City Commission, April 1, 1942.
27 Passed second reading by the City Commission April 8, 1942.
28 Passed third reading and finally passed and adopted by the City Commission,
29 April 15, 1942.
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Approved and signed by the Mayor, April 15, 1942.
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Mayor
Th, ,4 Fri fi
1? Attest: )q'
City.;Clerk
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4 Approv'• as t•
5 Aka 441111.46...,
City Ai torney
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