177107 - .
Orltinil is City C. CC_ � •
:
. , ORDINANCE
COUNCIL FILE NO. 177107�
PRESENTED BY ORDINANCE: NO. l�2s..�
vt: s
An ordinance to license and regulate the pro-
, 3 ath . duction, distribution, tranapoi tion, handling,
mss: processing, labeling, delivery, storage, sale,
r ,f., and service of milk and milk products in the City
t ca .<: p y
of Saint Paul or its police jurisdiction, to
qzpr ; define milk and milk products, to establish
standards and requirements therefor, to provide
' � •. penalties for violations thereof to
,« , preserve .
public health, and to repeal all ordinances or
parts thereof inconsistent or in conflict here-
with.
THE COUNCIL OF THE CITY OF SAINT PAUL DOES ORDAINS
$eotioa 286.01 DEFINITIONS. Unless the language or context
sly indicates that a different meaning is intended, the
. following terms, words, and phrases, for the purposes of this
ordinance, shall be given the meanings subjoined to them.
Subd. 1 MILK. Milk is the normal, whole, fresh, clean,
natural lacteal secretion obtained by the milking of one or more
healthy cows properly fed and properly kept. .
' Subd. 2 STANDARDIZATION. Standardization is the addition,
prior to pasteurization, of milk, skim milk or cream to milk at an
approved milk receiving .station or at a licensed pasteurization
milk plant.
Subd. 3 MILK PRODUCTS. Milk products include cream,
homogenized milk, vitamin fortified milk and milk products, skim
milk, ohocolate flavored milk, chocolate flavored drink, skim
milk beverages, whipping cream, . sour cream, half and half, butter-
milk, dry whole milk, non--fat, dry milk solids, reconstituted milk
and milk' products, cottage cheese, creamed cottage' cheese, and
including any other milk product (excluding butter, ice cream mix,
cured cheese., and plastic cream) made or processed for human con-
sumption by the addition of a wholesome substance to milk after
such other product is approved and designated as a milk product
by the Health Officer of the City of Saint Paul. ,
Subd. 4 MILK FAT. Milk fat is the natural fat of milk.
Subd. 5 SWEET CREAM. Sweet cream is the portion of
milk obtained by mechanical separation or gravity, which contains /
not less than 20% milk fat and not 'more than 0.2% of acid reacting
substances calculated in terms of lactic acid.
Subd. 6 WHIPPING CREAK. Whipping cream is cream which i
QW contains not less than 30% milk fat.
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Milk Ordinance Page 2
Subd. 7 SOUR CREAM. Sour cream is cream the acidity
of which is more than 0.2% expressed as lactic acid.
Subd. 8 HALF AND HALF. Half and half is a milk product
containing not less than 12% milk fat and not less than 0 milk
solids not lkt.
Subd. 9 BUTTERMILK. Buttermilk is a product result-
ing from the churning of milk or cream or from the souring or treat-
ment by . a lactic acid, or other culture, of milk, skim milk, re-
constituted skim milk, evaporated or condensed milk or skim milk,
or milk or skim milk products. It contains not less than 8*% of
milk solids not fat.
Subd. 10 SKIM MILK. Skim milk is milk from which a
sufficient portion of milk fat has been removed to reduce its milk
fat oontent to less than 31% and which contains not less than 80
of milk solids not fat.
Subd. 11 VITAMIN FORTIFIED MILK OR MILK PRODUCTS.
Vitamin fortified milk or milk products are milk or milk products
to which vitamins have been added.
Subd. 12 HOMOGENIZED MILK OR MILK PRODUCTS. Homogenized
milk or milk products are milk or milk products which have been sub-
jected to a treatment which results in a breakup of the fat globules,
and which treatment assures that after 48 hours of undisturbed
storage at 450 F. no visible separation of cream exists and in
which the percentage of the milk fat in the top 100 milliliters in
a quart container, or proportionate volumes in other containers,
does not differ, after thorough mixing, by more than 10% of itself
from the fat percentage of the remaining fluid.
Subd. 13 ADULTERATED MILK OR MILK PRODUCTS. Adulter-
ated milk or milk products are any milk or milk products to which
water, foreign matter, preservatives, deleterious substances,
coloring, unwholesome substances, or poisonous materials have been
added.
Subd. 14 MISBRANDED MILK OR MILK PRODUCTS. Misbranded
milk or milk products are milk or milk products not conforming to
the statement on the cap, tag, or label attached or affixed thereto.
Subd. 15 PASTEURIZATION. Pasteurization is the pro-
cess of rapidly heating every particle of milk or milk product to
at least l4i3o F. and of holding such milk or milk product continu-
ously at such temperature for at least 30 minutes, or the process
of heating every particle of such milk or milk product to at least
1620 F. , holding such milk or milk product at such temperature for
at least 15 seconds, and immediately thereafter cooling such milk
or milk product to a temperature of 500 F. or lower, provided, that
nothing contained in this definition shall be construed as disbarr-
ing any other process which has been demonstrated to be equally
efficient and is approved by the Health Officer of the City of Saint
Paul.
Milk Ordinance 1771 Page 3
/ 07S,S�
Subd. 16 PERSON. The word person shall include
both the singular and plural, and shall include, without limita-
tion, "individual", "partnership", "firm", "corporation" , or
"Association".
Subd. 17 SELL. The word sell shall include the words
"sale", "serve" , "service" , "offer for sale", "have in possession
for sale", "selling", "delivery", "exchange", "store for sale" ,
or "transfer".
Subd. 18 HEALTH OFFICER. The term Health Officer as
used in this Ordinance shall have reference to the Commissioner
of Public Safety who is designated as the chief Health Officer
of the City of Saint Paul under Section 3 72 of the Charter of
said City, or any person who has been designated by said Health
Officer to act in his behalf.
Subd. 19 RECONSTITUTED or RECOMBINED MILK. Recon-
stituted or recombined milk is a product resulting from the com-
bining of milk constituents with water.
Subd. 20 RECONSTITUTED OR RECOMBINED CREAM. Recon-
stituted or recombined cream is a product resulting from the com-
bining of dried cream, butter or milk fat with cream, milk, skim
milk or water.
Subd. 21 COTTAGE CHEESE. Cottage cheese is a soft
uncured cheese obtained by adding harmless lactic acid producing
bacteria, with or without rennet, to pasteurized milk or milk
products. It contains not more than 80% moisture.
Subd. 22 CREAM COTTAGE CHEESE. Cream cottage cheese
is cottage cheese to which pasteurized cream has been added, and
it contains in the finished product not less than 5% of milk fat
by weight and not more than 80% moisture.
Subd. 23 SOFT CURD MILK. Soft curd milk is milk
which is naturally soft curd or which has been subjected to a
process of homogenization, or other process approved by the
Health Officer.
Subd. 24 MILK BEVERAGE. A milk beverage is a food
compound or confection, conforming to the standards set forth in
this ordinance, and consisting of milk to which has been added a
syrup, flavor, or stabilizer consisting of wholesome ingredients.
Subd. 25 SKIM MILK BEVERAGE. A skim milk beverage
is a food compound or confection conforming to the standards of
this ordinance and consisting of a milk product or skim milk pro-
duct such as dried, evaporated, condensed, or reconstituted skim
milk to which has been added a syrup, flavor or stabilizer con-
sisting of wholesome ingredients.
Subd. 26 CHOCOLATE FLAVORED MILK. Chocolate flavored
milk is milk as defined in this ordinance to which has been added,
in a sanitary manner, pure sugar, chocolate or cocoa, and other in-
gredients approved by the Health Officer of the City of Saint Paul.
1771(7
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MILK ORDINANCE Page 4
Subd. 27 CHOCOLATE FLAVORED DRINK. A chocolate
flavored drink is a drink made by adding to a milk product chocolate
or cocoa or a mixture of both, with or without sugar, and other
ingredients approved by the Health Officer of the City of Saint
Paul.
Subd. 28 DAIRY OR DAIRY FARM. A dairy or dairy farm
is any place or premise where cows are kept and part or all of
the milk from such cows is sold or offered for sale as milk or as
a milk product in the City of Saint Paul or within the jurisdic-
tion of its existing police powers.
Subd. 29 MILK PRODUCER. A milk producer is any per-
son who owns, maintains or controls milk cows whose milk or result-
ing milk products are sold or offered for sale in the City of Saint
Paul or within the jurisdiction of its existing police powers.
Subd. 30 MILK DISTRIBUTOR. A milk distributor is a
person who distributes or sells milk or milk products obtained by
him at a milk plant, as herein defined, from milk delivery vehicles
owned or controlled by him to consumers as that term is herein
defined.
Subd. 31 MILK PLANT. A milk plant is any place, pre-
mise or establishment where milk or milk products are received,
handled, processed, bottled, pasteurized and prepared for distri-
bution or sale.
Subd. 32 MILK RECEIVING STATION. A milk receiving
station is any place, premise or establishment where raw milk
from producers is received, handled, or separated for distribu-
tion to a milk plant or a milk distributor.
Subd. 33 ORIGINAL PACKAGE. The original package is
any container into which there has been placed any milk or milk
product for the purpose of resale.
Subd. 34 BACTERICIDAL. The term bactericide refers
to an agent or process used for the destruction of bacteria and
approved as such by the Health Officer of the City of Saint Paul.
Subd. 35 AVERAGE BACTERIAL PLATE COUNT, AVERAGE DIRECT
MICROSCOPIC COUNT. Average bacterial plate count or average
direct microscopic count is the logarithmic average of the re-
spective results of the last four consecutive samples taken upon
separate days.
Subd. 36 AVERAGE COOLING TEMPERATURE. Average cool-
ing temperature is the arithmetic average of the respective results
of the last four consecutive samples taken upon separate days.
Subd. 37 GRADE A RAW MILK TO PLANT. Grade A raw
milk to plant is raw milk the average bacterial plate count of
which, as delivered from the farm to a milk receiving station
or milk plant, does not exceed 200,000 per milliliter, or the aver-
age direct microscopic count of which does not exceed 200,000 if
clumps are counted, and which after "laboratory pasteurization"
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Milk Ordinance Page 5
on the basis of the logarithmic average of four consecutive samples
does not exceed 30,000 organisms per milliliter as determined by
the standard plate count method.
Subd. 38 GRADE A PASTEURIZED MILK PRODUCTS. Grade A
pasteurized milk products are milk products manufactured entirely
from Grade A raw milk to plant or Grade A raw milk products,
pasteurized in accordance with the provisions of this ordinance,
containing an average bacterial plate count not exceeding 30,000
per milliliter (the requirement for such count to be omitted for
sour cream, cultured buttermilk, buttermilk, cottage cheese, and
creamed cottage cheese) , and showing a satisfactory phosphatase
test and an average conform oount not exceeding 10 per milliliter.
Subd. NON-GRADED PASTEURIZED MILK PRODUCTS. Non-
graded pasteurized milk products are milk products herein defined
which comply with the bacteriological standards of this ordinance
'pertaining to Pasteurized Grade A Milk Products and are made from
non-graded raw milk products approved by the Health Officer of the
City of Saint Paul.
b
Subd. 4�1:- DUMPED RETURNS. Dumped returns are milk or
milk products offered for sale but not sold and which are returned
to the plant and dumped.
Subd. 42- MILK DELIVERY VEHICLE. A milk delivery vehi-
cle is any vehicle used by a person having a Pasteurized Milk Plant
License or a licensed milk distributor to deliver milk, cream,
buttermilk, skim milk, cultured milk, and substitutes for or pro-
ducts of milk, to consumers in the City of Saint Paul. This shall
not be construed to apply to any retail grocery vehicle delivering
milk or milk products to Saint Paul homes or places of business
during the ordinary course of the delivery system operated by the
grocery store.
Subd. CONSUMER. The term *consumer' shall mean a
person or persons to whom milk or its products are sold and/or
delivered (1) who uses it only in cooking and other preparation of
- foods- for service other than mixed milk beverages, (2) who uses it
in the mixing and making of mixed milk beverages, (3) who serves
it for use in coffee or similar beverages, or upon fruits or cereals,
(4) who -uses it for domestic purposes in the household, (5) who uses
it as a liquid beverage, (6) who uses it for resale to others in
the original package with the original seal unbroken.
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Milk Ordinance Page 6
Section 286.02 ale of adulterated, misbranded, and improperly
graded or prepared milk or milk products.
Subd. 1 It shall be unlawful for any person to sell
adulterated, misbranded, or imp perly graded or prepared milk
or milk products within the city limits of the City of Saint Paul
which do not conforrggIo he applicable definition or definitions
contained in Section �ereof. Adulterated, misbranded, im-
properly graded or prepared milk or milk products shall be marked
with a tag "Hold for Investigation." Milk or milk products so
tagged shall neither be disposed of nor shall the tag be removed
until a release in writing is obtained from the Health Officer
of the City of Saint Paul.
Subd. 2 Milk for human consumption shall not include
milk obtained within 15 days before and 5 days after calving, or
for a longer period after calving as may be necessary to render
the milk practically eol'ostrum free.
Subd. 3 Standardization of grade A pasteurized milk
and grade A pasteurized milk products shall be done before pasteur-
ization with grade A raw milk to plant or grade A raw milk pro-
ducts. Standardization of nongraded milk products shall be done
before pasteurization.
Subd 4+. The addition of vitamins to milk or milk products
shall be subject to regulations of the Health Officerand the cap,
tag, or label shall show the vitamins added and the number of the
U.S.P. units in addition to conforming with other requirements of
this ordinance.
Subd 5. Homogenized milk or homogenized cream shall
not be mixed with milk or cream which has not been homogenized.
Subd. 6 A chocolate flavored milk and a chocolate
flavored drink shall have imprinted on the cap, tag, or label a
statement as to the exact ingredients and minimum milk fat con-
tent.
Subd. 7 All operations and equipment used in the various
processes of pasteurization shall be subject to the approval of the
Health Officer, pursuant to the provisions of this ordinance.
Subd. 8 Homogenization and clarification after pasteur-
ization are both prohibited.
Subd. 9 Reconstituted or recombined milk or cream shall
be made only from grade A raw milk to plant or grade A raw milk
products in a plant which meets the requirements of this ordinance,
and shall meet the standards contained in this ordinance for milk
fat, solids not fat, and bacterial content, which shall be• the
same as provided in this ordinance for grade A pasteurized milk.
177107
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Milk Ordinance Page 7
Subd. 10 Reconstituted or recombined milk or cream
shall be labeled as such and shall be pasteurized.
Subd. 11 Any treatment to which milk is subjected to
produce soft curd milk shall be done prior to pasteurization.
Subd. 12 Milk beverages or skim milk beverages shall
be made from grade A raw milk to plant. Such milk or skim milk
beverages shall conform to the standards as set forth in this
ordinance, and the plant in which such milk or skim milk beverages
are processed shall meet the requirements of this ordinance.
Subd. 13 Each original package must be properly
sealed, tagged or capped.
Subd. 14 No retail raw milk nor retail raw cream, nor
retail raw milk products nor retail raw cream products shall be
sold in the City of Saint Paul.
Subd. 15 Grade A raw milk to plant and Grade A raw
cream to plant shall be produced only upon dairy farms conform-
ing with the provisions of sanitation as setforth in this Ordi-
nance.
Section 286.03 Licenses.
Subd. 1 It shall be unlawful for any person to sell
within the limits of the City of Saint Paul any pasteurized milk
or milk products as herein defined unless such milk or milk
products have been pasteurized by a process described by this
ordinance in a pasteurization plant for which a Saint Paul Pasteur-
izing Milk License has been issued for the operation thereof.
(a) Before any distributor, as herein defined, may
distribute for sale in the City of Saint Paul, milk or milk pro-
ducts, he shall first obtain a St. Paul Milk Distributors License.
Subd. 2 Before applying for a li ein
milk distrib for plant,
plant, or operation, of milk producer, milk plant, cottage for such
p , age cheese
processing plant, producer of recombined milk or milk products,
dairy farm, and milk receiving station, shall be submitted to the
Health Officer of the City of Saint Paul for approval.
(a) At the time of submitting said plans there shall
be supplied by the applicant on an additional form prescribed by
the Health Officer, such information to be supplied by said appli-
cant as said Health Officer shall determine necessary to administer
the provisions of this Ordinance. Such form or forms as prescribed
by the Health Officer shall be submitted to the Bureau of Health
of the City of Saint Paul, and shall become part of the permanent
records of the Saint Paul Health Department.
(b) Applicants for a Pasteurizing Milk License or a
Distributorb License shall deposit with the City Clerk the amount
of the license fee herein provided, and the City Clerk shall
deliver to the applicant a receipt therefor, in duplicate which
receipt shall contain a statement of the purpose for which such
deposit was made. The applicant shall present the duplicate of
said receipt to the City License Inspector who shall thereupon
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177107
Milk Ordinance L p 7c5 Page 8
receive the application for license on forms prescribed by him.
A copy of such application shall be forwarded to the Bureau of
Health, and any other City Department as may be necessary, for
inspection. If the Health Officer approves the application for
license, he shall notify the License Inspector of such approval
and shall recommend that the license applied for be granted. The
License Inspector shall submit to the City Council the applica-
tion together with all recommendations. If the Council determines
to grant such license it shall direct the City Clerk to issue the
same.
(o) The fee for each Saint Paul Pasteurizing Milk
License for each pasteurizing plant and the fee for each Saint
Paul Distributor's License shall be Three Hundred Dollars ($300.00),
and the license shall be non-transfertable, and not more than one
license shall be issued to any one person for any one place of
business or location in the City of Saint Paul,
More than one license may be granted to the same
person upon compliance with the requirements of this Ordinance
and payment of a requisite fee for each license issued,
(d) The Saint Paul Pasteurizing Milk License and the
Saint Paul Distributor's License shall be issued for a period of
one year from the date of issuance of each such license. For those
plants in operation on the date this ordinance becomes effective,
the license shall be issued for one year from such effective date.
(e) The License Inspector shall keep a register of
each license issued, the number thereof, the name of the person to
whom the same is issued, the date when issued, the date of expiration
of the same, the amount paid therefor, and such data as may be re-
quired by other ordinances of the City of Saint Paul in respect
thereto.
Subd. 3 Vehicle Licenses.
(a) It shall be unlawful to use or operate on any
public highway in the City of Saint Paul any vehicle used for the
delivery of milk, or its products, as above defined, without first
having obtained a license from the City Council in the manner
hereinafter provided. This shall not be construed to apply to
any retail grocery vehicle delivering milk or milk products to
Saint Paul homes or places of business during the ordinary course
of the delivery system operated by the grocery store. The appli-
cation for such license shall be made to the City Clerk and shall
be accompanied by the fee or fees hereinafter set forth, payable
by the City Clerk to the General Revenue Fund of the City of Saint
Paul. The application for such license or licenses shall be
presented to the City Council, and if approved by said City Council,
a license shall be issued. Licenses shall be transferable from
one approved vehicle to another, owned by the same owner, at any
time upon the payment of the requisite transfer fee of Three Dollars
and Fifty Cents ($3.50) per transfer.
(b) No license shall be issued or renewal of an
issued license be granted unless and until the person, firm,
association, partnership or corporation applying for such license
shall first execute or obtain and file with the City License In-
spector, for each vehicle, a policy or policies in an insurance
company authorized to do business in the State of Minnesota, which
must be approved as to form by the Corporation Counsel of the City
of St. Paul, insuring such person, firm, association, partnership
177N7
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Milk Ordinance Page 9
or corporation, its lessees or licensees, employees or servants,
against loss in the sum of at least $10,000.00 for injury or
death of any person or persons in any one accident, resulting
from the negligent operation, use or defective condition of any
such milk delivery vehicle. Provided, that if the licensee
operates more than one vehicle he may file one policy of insur-
ance covering all such vehicles, which policy of insurance shall,
however, insure or indemnify each vehicle in the amount of not
less than $10,000.00 per vehicle. Provided further that every
insurance policy or policies insuring milk delivery vehicles
shall, in addition to the foregoing provisions of this section,
also contain a provision insuring such person, firm, association,
partnership, or corporation in the sum of at least $5,000.00
against loss or accident to the property of any person or per-
sons in any one accident resulting from the negligent operation,
use or defective condition of any such milk delivery vehicle.
(c) All licenses issued under subdivision three
shall expire on the same date that the Saint Paul Pasteurizing
Milk license or the Milk Distributor's license of the owner of
such vehicle or vehicles expires.
(d) At the time any vehicle license is issued,
the person to whom the license is so issued shall be furnished
by the License Inspector of the City of Saint Paul a number for
each such vehicle license issued. The licensee shall stencil
or paint on each side of the vehicle the number so issued in
letters not less than two inches in height.
(e) The License Inspector shall keep a register
showing the name of the person to whom each license is issued,
the date when issued, the date of the expiration of same, the
amount paid therefor, and such other data as may be required by
this or other ordinances of the City in respect to the same.
(f) For each milk delivery vehicle the annual
license fee shall be as follows: $35.00 for the first vehicle,
$20.00 for the second vehicle, and $7.00 for the third and each.,
additional such vehicle.
(g) It shall also be the duty of every licensee here-
under, and of every person delivering milk, to display and keep
displayed at all times in a prominent place on each outer side of
vehicles used for such deliveries, the name of the licensee, which
shall be printed in plain letters not less than two inches in height.
and to keep such printed name, together with the number of such vehicle
issued by the City License Inspector, in such condition that it may be
at all times readily distinguishable. It shall be unlawful to display
any name on the outside of the vehicle except that of the licensee
and/or his registered trade name, and it shall also be unlawful to
use on any vehicle a license number other than that issued to said
vehicle by the City License Inspector.
Subd. 4. Grade "A" Raw Milk to Plant Certificates. It
shall be unlawful for any person to bring into or to send into the
City of Saint Paul, any grade A raw milk to plant unless such per-
son possesses a Grade A Raw Milk to Plant Certificate from the
Health Officer. Only a person who complies with the requirements
of this ordinance shall be entitled to receive and retain a
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1771. 7
Milk Ordinance O Page 10
certificate. Certificates shall not be transferable.
(a) In the event of an acute milk shortage in
Saint Paul, the Health Officer may permit a milk plant to re-
ceive raw milk for pasteurization in a Saint Paul licensed
milk plant even though the person from whom such raw milk is
to be received does not possess a Grade A Raw Milk to Plant
Certificate. Such milk shall meet the bacterial standards of
this ordinance for grade A raw milk to plant and such other
standards of this ordinance as the Health Officer may require.
Section 2e104 Labeling and Tagging of containers and original
packages.
Subd. 1 All original packages for wholesale or retail
sale from milk plants of grade A retail raw dairy farms shall be
plainly labeled or marked only with (1) Kind. of milk or milk
product, i.e. , Milk, Cream, Half and Half, Skim Milk, Buttermilk,
etc. , (2) Class, i.e. , Raw or Pasteurized, (3) Milk Fat Content
(not required for skim milk, skim milk beverage, buttermilk or
cottage cheese) , (4) Grade, (5) Net Content, (6) Name, address
and trademark of the licensed milk distributor, or in lieu thereof,
a trademark or trade name identifying the licensee and product,
which trademark or trade name shall have first been filed with
the Health Officer together with the name and address of a
licensed pasteurizing plant or distributor at which such product
is pasteurized or by whom distributed.
Subd. 2 All grade A milk and milk products in bottles
or other similar containers shall be cover-capped in addition to
or in lieu of plug cap, and such cover cap shall cover the pour-
ing lip of the container to its greatest diameter. The informa-
tion, on the plug cap shall be identical with the information on
the cover cap. A transparent cover cap may be used.
Subd. 3 The information on the package, tag, label,
cover cap, or plug cap shall be free from any statement, design,
or device regarding the article or the ingredients or substance
contained therein, or quality thereof, or place of origin, which
is false or misleading in any particular. The size of-type used
to declare the information required to be imprinted upon the cap,
tag, or label shall be legible and shall not be smaller than
8 point upper case, provided, that in case the size of the cap,
tag, or label will not permit the use of 8 point type, the size
of type may be reduced if written approval is secured from the
Health Officer. The kind, class, and milk fat content of milk
or milk products shall be in letters larger than any others used
thereon. The kind of milk or milk product shall be printed in
the center of the label and shall be in letters larger than any
others used thereon.
Sub. 4 Samples of milk bottle caps, covers, or labels
shall be submitted to the Health Officer for approval.
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Milk Ordinance Page 11
Section 2 ,C6 Inspection of Dairy Farms, Receiving Stations,
Cottage Cheese Processing Plants and Milk Plants.
Subd. 1 Before a certificate of inspection is issued the
Health Officer shall satisfy himself that the provisions of this
ordinance have been fulfilled. The Health Officer may accept the
results of periodic inspections of dairy farms for a supply if
such inspections are made by some other health agency or person
designated by the Health Officer.
Subd. 2 After the certificate is issued, a copy of each
inspection report covering the equipment and methods employed, shall
be posted by the Health Officer in a conspicuous place on an inside
wall in one of the dairy farm or milk plant buildings, and such
inspection report shall not be defaced or removed by any person
except the Health Officer. A duplicate of all field inspection
records shall be filed with the records of the Health Officer.
Subd. 3 Persons connected with milk plants, vehicles used
in transportation of milk and milk products, receiving stations,
cottage cheese processing plants, and dairy farms shall permit, at
any reasonable time, the inspection by the Health Officer of all
parts of the establishment that are used in the production, pro-
cessing, storage and delivery of all milk and milk products.
Subd. 4 Periodic inspections shall be made by the Health
Officer of all dairy farms, milk receiving stations, cottage cheese
processing plants, vehicles, and milk plants to determine compli-
ance with this ordinance.
Subd. 5 Should the Health Officer on inspection find any
violation of this ordinance, he shall notify the milk distributor,
cottage cheese processing plant, or milk receiving station of such
violation in writing and shall make a second inspection 3 days after
such notification, or after such longer period as he may consider
necessary for the correction of such defects. The Health Officer
shall use the results of such second inspection as a basis for de-
termining compliance with this ordinance. Any repeated violation
of the same requirement of this ordinance on reinspeetion shall be
cause for court action or the Health Officer may recommend license
revocation.
-Subd. 6 Should the Health Officer find any violation of
this ordinance upon inspection of a dairy farm, he shall notify the
milk producer of such violations in writing and shall make a second
inspection 3 days after such notification, or after such longer
period as he may consider necessary for the correction of such de-
fects. The Health Officer shall use the results of such second
inspection as a basis for determining compliance with this ordinance.
Any repeated violation of the same requirement of this ordinance on
inspection shall be cause for degrading or revocation of the certi-
ficate. Gross insanitary conditions on the dairy farm shall be
cause for immediate degrading of the milk.
Section 23646 The collection and examination of milk and milk
product samples within the city limits of the city of Saint Paul.
Subd. 1 The Health Officer shall cause to be procured or
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17 71i'7
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Milk Ordinance Page 12
collected samples of milk and milk products so as to determine
the compliance or non-compliance with the provisions of this
ordinance.
Subd. 2 Bacterial plate counts, direct microscopic
counts, conform determinations, phosphatase tests, milk fat
tests, and other laboratory tests shall conform to the proce-
dures in the current edition of the "Standard Methods for the
Examination of Dairy Products" published by the American Pub-
lie Health Association. Chemical analysis of milk or milk
products shall be made in conformity with the current edition
of the "Official and Standard Methods of Analysis" of the
Association of Official Agricultural Chemists. Examinations
may include such other chemical and physical determinations
as the Health Officer may consider necessary to determine viola-
tions of this ordinance.
Subd. 3 Whenever the Health Officer discovers any
violation of the terms of this ordinance by appropriate test
of milk from a raw to plant producer, the Health Officer may
degrade the milk. Repeated violations by the same tests will
be cause for revocation of the certificate.
Whenever the Health Officer discovers any violation of
the terms of this ordinance by appropriate laboratory tests of
milk or milk products of a milk distributor, the Health Officer
may institute court action. Repeated violations by the same
tests will be cause for license revocation at the discretion
of the City Council.
Subd. 4 Assays of the Vitamin D content or other vita-
min additions to milk or milk products shall be made when re-
quired by the Health Officer in a laboratory approved by him for
such examinations. The assays of these products shall be made
at the expense of the person responsible therefor as designated
on the cap, tag, or lable attached thereto.
Section 2E6CP Handling of milk and milk products, transferring
or dipping milk, and delivery containers.
Subd. 1 It shall be unlawful for any person to sell any
milk or milk products as herein defined which shall have been
transferred from its original container at or in any place other
than the farm or processing source .of such products.
Subd. 2 Milk or milk products from imperfectly capped
or defective containers or held over pasteurized milk or milk
products may be repasteurized and sold as human food at the dis-
cretion of the Health Officer.
Subd. 3 Dumped returns shall not be used in part or in
whole for milk or milk products except in buttermilk with the ap-
proval of the Health Officer.
Subd. 4 All pasteurized grade A milk and pasteurized
grade A milk products shall be placed in the final delivery con-
tainer at a reasonable time after pasteurization in the plant
in which they are pasteurized. All milk and all milk products
sold in the distributors ' Containers in quantities of one gallon
or less shall be delivered in standard milk bottles, in one-
gallon glass containers, or in single service containers.
•
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Milk Ordinance Page 13
Subd. 5. It shall be unlawful for any person to sell or
serve any milk or fluid milk products except half and half and
cream other than in the original container in which the milk
or fluid milk products were received from the distributor. Milk
may be served from a bulk milk dispenser which has been filled
with homogenized milk at a licensed pasteurization plant. Such
milk dispenser shall meet the requirements set forth in the
current edition of the United States Public Health Service Milk
Ordinance and Code and shall be approved by the Health Officer.
Subd. 6. Only milk or milk products in the individual
original container or dispensed from a bulk dispenser approved
by the Health Officer shall be used in the preparation of mixed
milk drinks.
Subd. 7. Half and half and cream sold and served for
immediate consumption on the premises shall be dispensed from a
type of dispenser approved by the Health Officer.
Subd. 8. It shall be unlawful for any person to sell or
serve any milk or milk products which have been handled or stored
in an insanitary manner or kept at a higher temperature than
50° F. while in the possession of such person.
Subd. 9. No grade A milk or grade A milk products, except
non-graded milk products, shall be permitted to come in contact
with equipment with which a lower grade of milk or milk product
has been in contact, unless such equipment has been first thoroughly
cleaned and subjected to an approved bactericidal treatment.
Subd. 10. Bottled milk or milk products if stored in water
shall be so stored that the tops of the bottles will not be sub-
merged and the bottle shall be dired before the caps are removed.
Subd. 11. It shall be the duty of all persons to whom milk
and milk products are delivered to clean, dry, and return promptly
the containers in which such milk or milk products are delivered.
Subd. 12. Containers and utensils used in the handling,
storage, and processing or transportation of milk or milk products
shall not be used for any other purpose.
Subd. 13. The delivery of milk or milk products to places
or residences where cases of communicable disease, transmissible
through milk, exist, shall be made in single service containers.
Section 286.08. Notification of disease. Procedure when
infection is suspected.
Notice shall be sent to the Health Officer immediately by
any producer or distributor of milk or milk products upon whose
dairy farm or in whose milk plant occurs any communicable disease
which is required to be reported under the regulations of the Minnesota
State Board of Health. When suspicion arises as to the possibility
of transmission of the infection of any person concerned with the
handling of milk or milk products, the Health Officer may require
compliance with any or all of the following measures: ( 1) the
immediate exclusion of the milk supply concerned from distribution
and use; (2) the immediate exclusion of that person from the handling
of milk and milk products; (3) medical and bacteriological examination
of such person, of his associates, and of his and their body discharges.
•
1771 7
Milk Ordinance I° age 14
Section 286.09 Classes of milk for sale in Saint Paul.
Subd. 1 No milk other than pasteurized milk and past-
eurized cream shall be sold to or by any person in the City of
Saint Paul after the effective date of this ordinance except as
this ordinance by its terms permits the delivery and sale of
Grade A raw milk and Grade A raw cream to plant for pasteurize
tion sales.
Section 286.10 Grade A raw milk to plant for pasteurization.
Grade A raw to plant milk for pasteurization shall be produced
under sanitary conditions conforming with all of the items here-
inafter se*orth in Subdivisions 1-27. Grade A raw milk for
pasteurization shall be exempt from Subdivisions 24 and 26.
Subd. 1 Cowls Health. A tuberculin test of all herds
and additions thereto shall be made by a licensed veterinarian
approved by the State Live Stock Sanitary Board before any milk
is sold and at least once every 12 months thereafter. Such tests
shall be made, and any reactors disposed of, in accordance with
requirements approved by the United States Department of Agri-
culture, Bureau of Animal Industry and the State Live Stock Sani-
tary Board. A certificate signed by the veterinarian or attested
to by the Health Officer and filed as directed by the Commissioner
of Health shall be evidence of above tests, provided, that any
modified accredited tuberculosis free counties in which the modi-
fied accredited area system has been applied to the dairy herd.,
the modified accredited area system approved by the United States
Bureau of Animal Industry shall be accepted in lieu of the annual
testing.
a. Cows which show a complete induration of one
quarter, or extensive induration of one or more quarters of the
udder upon physical examination by a licensed veterinarian, whether
secreting abnormal milk or not, shall be permanently excluded from
the milk supply, provided, that this shall not apply in the case of
a quarter that is completely dry. Cows giving abnormal milk but
without entire or extensive induration of the udder, shall be ex-
cluded from the milk supply until re-examination shows the milk
has become normal. For other diseases such tests and examinations
as the Health Officer may require after approval of the Minnesota
State Live Stock Sanitary Board, shall be made at intervals and
by methods prescribed by him, and any diseased animals or re-
actors shall be disposed of as he may require.
Subd. 2 Milk Stable
a. Light . A milking parlor, barn or stable shall
be provided for milking cows and shall have adequate light , properly
distributed, for day and night milking.
b. Air space and ventilation. Such sections of the
milking parlor, barn, or stable where cows are kept or milked shall
be well ventilated and shall be so arranged as to avoid overcrowding.
o. Floors and animals. Floors and gutters shall be
constructed of concrete or other impervious material, shall be kept
in good repair, and shall be sloped so as to provide good drainage.
The floors for calf pens, bull pens, maternity quarters, and undeb
horses shall be of equivalent construction. If floors in such pens
are not of equivalent construction, they shall be separated from
the milking barn by a tight partition.
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Milk Ordinance Page 15
d. Floor Cleanliness. The floors shall be cleaned
twice daily. No swine or fowl shall be permitted in the milking
stable. If horses, dry cows, calves, or bulls are stabled therein
they shall be confined in stalls, stanchions, or pens. Bedding in
the calf pens will be permitted in lieu of daily cleaning.
e. Walls and Ceilings. Walls and ceilings shall
be kept clean, free from cobwebs, and in good repair. Walls and
ceilings shall be painted, or finished in an approved manner at
such intervals as may be deemed necessary by the Health Officer.
When feed is kept directly above the animals, the dairy barn
ceiling shall be dust tight. The feed room and feed door, if it
adjoins the milking space, shall be dust tight.
Subd. :3 Cowyard. The cowyard shall be graded and drained
as well as practicable and so kept that there are no standing pools
of water nor accumulations of organic waste. Swine shall be kept
out of the cowyard at all times.
Subd, 4 Manure Disposal. Manure shall be fenced out of
the cowyard at all times. From November 1 to May 15 , may be stored
at a reasonable distance from the barn. Manure may be hauled
daily, or between May 15 and November 1 stored outside of the cow—
yard for not more than 4 days and then hauled to the field, pro-
vided, that in loafing or pen type stables manure droppings shall
be removed or clean bedding added at sufficiently frequent inter-
vals to prevent the accumulation of manure on cows' udders and
flanks and the breeding of flies.
Subd. 5 Milkhuuee. There shall be provided a milkhouse
or milkroom in which the cooling, handling, and storing of milk
and milk products and the bactericidal treatment and storing of
milk and milk containers and utensils shall be done. Milkhouses
shall also meet the following requirements:
a. Floors. Floors shall be constructed of con-
crete or other impervious material and sloped to a drain.
b. Light and Ventilation. The window area shall
be at least 100 of the floor area. Artificial light shall be
provided and preferably placed directly above the wadi and rinse
vats. The vestibule and milkhouse proper shall be provided with
suitable ventilation,
o. Walls and Ceilings, The walls and ceilings
shall be finished with a washable finish and joints shall be smooth,
Walls and ceilings shall be kept clean and in good repair.
d. Screening. All doors shall open outward and
shall be provided with self—closing devices, A swinging door
properly fitted and maintained will be permitted between the vesti-
bule and the milkhouse proper.
•
1:7711)7
Milk Ordinance Page 16
e. Miscellaneous. A suitable water heater and two-
compartment vat or two individual vats shall be provided and used.
Suitable brushes or cleaning pads, a good detergent, and an approved
bactericidal product shall be used. Waste water shall be disposed
of in such manner as not to create a fly nuisance or endanger the
water supply. If a vestibule is constructed, it shall be provided
ilt}a a window, shall be at least 4 feet wide, &hall have a suitable
ventilator, shall have a door opening to .the outside, to prevent
traffic through the milkhouse, and shall have the barn door and
the milkhouse door spaced at least 5 feet apart. Suitable provi-
sions shall be made to prevent ice formation on the milkhouse floor.
Subd. 6 Milkhouse cleanliness--flies, All necessary pre-
cautions and means shall be used to prevent a fly nuisance. Only
equipment used in the production of milk shall be kept in the milk-
house. The floors, walls, ceilings, and equipment of the milkhouse
or room shall be kept clean at all times.
Subd. 7 Toilets. The toilet shall be located convenient
to the dairy barn, or if in the dairy barn, it shall be vestibuled,
The pit and riser in the pit type toilet shall be fly tight. If
flush toilets are used, they shall be protected so as to operate
on a year around basis. There shall be no evidence of human defaea-
tion or urination in or around the dairy barns. The water closet,
pit privy, cesspool, or sewer line shall not be located so as to
contaminate the water supply or pollute the surface soil,
Subd. 8 Water Supply. On any dairy farm supplying milk
to the Saint Paul market, only water from a water supply which meets
with the approval of the Health Officer shall be used for washing
milk utensils, cows ' udders, milkers' hands, and milk cooling. The
well shall be located, constructed, and operated so as to protect
the water supply from contamination. On all extensive alterations
or new construction, all of the principles involved in sanitary
well construction, which standards are promulgated by the Minnesota
Department of Health, shall be carried out.
Subd. 9 Utensil Construction. All multi-use containers,
equipment, and other utensils used in the handling, storage, or
transportation of milk or milk products shall be made of smooth
and non-absorbent material and of such construction as to be easily
cleaned and shall be kept in good repair. All joints and seams
shall be welded or soldered flush. No agateware or unsubstantial
equipment with corroded surfaces or open seams shall be used.
Subd. 10 Utensil Cleaning. All multi-use containers
and equipment used in the handling, storage, and transportation
of milk shall be cleaned immediately after each usage with a satis-
factory detergent and brushes so as to insure a clean utensil. No
soap or washcloth shall be used. Utensils shall be air dried, not
toweled.
Subd. 11 Bactericidal Treatment, All milk equipment
•
17107
Milk Ordinance Page 17
}
shall be rinsed in an approved bactericidal solution or shall be
immersed in hot water at 1?00F. for at least two minutes.
Subd. 12 Utensil Storage. Adequate rust resisting
metal racks shall be provided in the milkhouse for the proper
storage of all milk equipment. Strainer or filter pads shall be
stored in the original container and shall be protected from
contamination by storage in a cabinet in the milkhouse.
Subd. 13 Utensil Handling. Atter bactericidal treat-
ment, containers and other milk utensils shall be handled in such
a manner as to minimize contamination of any surface with which
milk comes in contact.
Subd. 14 Udders and Teats. All milking shall be done
in the milking parlor, milk barn or stable. Udders and teats of
all milking cows shall be cleaned and then wiped with an approved,
warm bactericidal solution immediately before milking.
Subd. 15 Flanks, Tails, and Bellies. Flanks, tails
and bellies of all milking cows should be clipped and shall be
free from visible dirt at the time of milking. All brushing shall
be completed before milking commences. Sufficient bedding shall
be used to promote cleanliness of the cows' udders and flanks.
Subd. 16 Milkers' Hands. No milker shall return from a
toilet to start or resume milking without first having washed his
bands. Milkers' hands shall be washed clean, rinsed with an ap-
proved bactericidal solution, and dried with a clean towel immed-
iately before milking and following any interruption in milking
operation. The method of wet hand milking is unlawful. Conven-
ient facilities consisting of a wash basin, water, soap, and clean
individual towels shall be provided. The use of a towel in common
by several persons shall not be permitted.
Subd. 17 Clothing. All milk handlers shall wear clean
outer garments while milking or handling milk equipment.
Subd. 18 Milk Stools. Milk stools shall be construc-
ted of metal or other impervious material, shall not be padded,
shall be kept clean, and shall be stored above the floor.
Aka Subd. 19 Removal of the Milk. All milk shall be strained
the milkhouse or if strained in the barn shall be under such pro-
lection as to prevent contamination from flies, animals, and dust.
The milk can shall be placed so as to prevent contamination of the
can with extraneous material.
Subd. 20 Cooling. Milk and milk products approved for
bottling shall be cooled immediately after milking to 500 F. or
less and maintained at that temperature until delivery. Milk for
pasteurization shall be cooled immediately after milking to 600 F.
or less and delivered at a temperature not. to exceed 650 F. , ex-
cept that; the temperature provision will be disregarded for milk
delivered and dumped before 9 a.m. Central Standard Time. The
cooling tank and dover shall be insulated. The milk cooling tank
using well water for cooling shall be of sufficient sine to ac-
commodate both night and morning milk. When a mechanically cooled,
•
171. 7
Milk Ordinance /0 7S Page 18
insulated tank is provided and used on the dairy farm, such tank
shall be of sufficient size to accommodate all milk produced at
the night milking during the period of peak milk production.
Subd. 21 Bottling an4ospQidng. Milk and milk products
not for pasteurization shall b on the farm where produced.
Bottling and capping shall be done in sanitary manner by means
of approved equipment and these operations shall be integral in
one machine. Caps or cap stock shall be purchased in sanitary
containers and kept therein in a clean dry, place until used.
Subd. 22 Vehicles and Surroundings. All vehicles used
for the transportation of milk or milk products shall be so con-
structed and operated so as to protect the contents from sun, from
freezing, and from contamination. All vehicles should be kept
clean and no substance capable of contamination of milk or milk
products shall be transported in any vehicle used in the transpor-
tation of milk. All vehicles used in transporting raw milk and
raw milk products from a dairy farm or from plant to plant shall
be plainly labeled or marked in capital letters 3 inches in height
on each side of the vehicle. Such label shall rem' "Saint Paul
Milk Vehicle." The immediate surroundings of the dairy farm shall
be kept clean and free from health hazards.
Subd. 23 Personnel, Health. A physician shall examine
and take careful morbidity h tort' of every person connected with
or about to be employed on a producer-distributor dairy, whose
work brings him in contact with the production, handling, storage
or transportation of milk, milk products, containers or equipment.
If such examination or history suggests that such person may be a
carrier of or infected with the organisms of typhoid or paratyphoid
fever or any other communicable diseases likely to be transmitted
through milk, he shall secure appropriate specimens of body dis-
charges and cause them to be examined in a laboratory approved by
him or by State health authorities for such examinationq and if
the results justify, such person shall be barred from such employ
merit.
Subd. 24 Sediment tests. Raw milk to plant shall be
tested for sediment and extraneous material in accordance with the
procedures set forth in the current edition of "Standard Methods
--for the Examination of Dairy Products." The sediment chart used
to conjunction wit} :=$be s? ands!&Aihthr►d. testis.°Ghe.11 be the t.sie
for acceptance or rejection of such producer's milk, Milk tested
and showing a pad of greater than 2.0 mg. shall be classified as
illegal milk. Mixed milk tested and showing a pad greater than
0.5 mg. shall be classified as illegal milk. Such milk shall be
�( disposed of in accordance with the orders of the Health Officer.
� i \ Section 286.11 Grade A Pasteurized Milk. The milk plant in
which grade A raw to plant milk is pasteurized shall comply with
all of the following items of sanitation in the subdivision herein-
after setforth:
Subd. 1 The grading of a pasteurized milk supply shall
include the inspection of receiving stations with respect to com-
pliance with Subdivisions 1 to 15 inclusive and 17, 19, 22 and 23,
except that only the partitioning requirements of Subdivision 5
shall not apply to receiving stations. When two grades of milk
are received at the same time at a receiving station or milk plant,
separate intakes and receiving rooms shall be provided. Process-
ing of grade A milk or grade A milk products must be done in
separate equipment and in separate rooms if a lower grade gottethark-
177107
Milk Ordinance /O 7SSPage 19
product is being processed at the same time.
Subd. 2 Floors. The floors on which milk or milk
products are handled or stored or in which milk utensils are
washed shall be constructed of concrete or other equally im-
pervious and easily cleaned material and shall be smooth,
properly drained, provided with trapped drains, and kept clean
and in good repair. Floors shall be joined and coved with
walls to form a water tight joint.
Subd. 3 Walls and Ceilings. Walls and ceilings of
rooms in which milk or milk products are handled or storel or in
which milk utensils are washed shall have a smoother, washable,
lit-colored surface, and shall be kept clean and in good repair.
Subd. 4 Doors and Windows. Unless other effective
means are provided to prevent the access of flies, all openings
to the outer air shall be effectively screened and all doors
shall be self-closing.
Subd. 5 Lighting and Ventilation. All rooms shall be
well lighted and ventilated. Cold storage rooms are exempted
from the ventilation provision of this section.
Subd. 6 Miscellaneous Protection from Contamination.
a. The various milk plant operations shall be so
located and conducted as to prevent contamination of milk or
milk products or of the clean equipment. All means necessary
for the elimination of flies, other insects, and rodents shall
be used. Separate rooms shall be provided for (a) receiving
milk or milk products and washing cans; (b) receiving and wash-
ing bottles, delivery containers and cases; (c) pasteurizing,
cooling, bottling, or processing milk or milk products; (d)
storage of supplies; (e) heating plant and refrigeration equip-
ment; and (f) toilets.
b. Refrigeration machinery shall not be located
in a room where milk and milk products are received, processed,
or stored except where refrigeration equipment is enclosed and
an integral part of the milk or milk products processing equipment.
c. The design of any platform or mezzanine floor
upon which equipment' is located, shall be such as to insure pro-
tection from contamination of equipment on the lower floor.
d. Pasteurized milk or milk products shall not be
permitted to come in contact with equipment in which unpasteur-
ized milk or milk products have been in contact, unless such equip-
ment has first been cleaned and subjected to an approved bacteri-
cidal treatment,
Subd. 7 Toilet Facilities. Every milk plant shall be
provided with toilet facilities conforming with the ordinances
of the City of Saint Paul. Toilet rooms shall not open directly
into any room in which milk, milk products, equipment, or con-
tainers are handled or stored. The doors of all toilet rooms
shall be self-closing. Toilet rooms shall be kept in a clean con-
dition, in good repair, and well ventilated. A placard or a sign
directing employees to wash their hands before returning to work
shall be poil or stenciled on the wall in all toilet rooms used
by employees.
1771.g
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Milk Ordinance Page 20
Subd. 8 Water Supply. The water supply shall be
easily accessible, adequate, and of a safe, sanitary quality,
and approved by the Health Officer.
Subd. 9 Hand-washing Facilities. Convenient handwash-
ing facilities shall be provided, including hot and cold running
water, soap and approved sanitary towels. Hand.washing facilities
shall be kept clean. The use of a towel in common by several
persons is prohibited. No employee shall return from a toilet
to a room where milk or milk utensils are handled without first
washing his hands.
Subd. 10 Sanitary Piping. All piping used to conduct
milk or milk products shall be "sanitary milk piping" of a type
which can be easily cleaned with a brush, Pasteurized milk and
milk products shall be conducted from one piece of equipment to
another only through sanitary milk piping.
Subd., 11 Construction and Repair of Containers and
Equipment. All multi-use containers and equipment with which
milk or milk .products come in contact mhall be so constructed
and located as to be easily cleaned and shall be kept in good
repair. All single-service containers, closures, and gaskets
used shall have been manufactured, packaged, transported, stored,
and handled in a sanitary manner.
Subd. 12 Plumbing and Disposal of Wastes. All wastes
shall be properly disposed of. All plumbing and equipment shall
be so designed and installed as to prevent cOnt ination of the
water supply and of milk equipment by baokflow.
Subd. 13 Cleaning and Bactericidal Treatment of Con..
tainers and Equipment. All milk and milk products, containers
and- equipment, except single-service containers, shall be
thoroughly cleaned after each usage. All containers and all
equipment shall be effectively subjected to an approved bacteri-
cidal process after each cleaning as well as immediately before
•
each usage. All demountable equipment shall be dissembled,
thoroughly cleaned, and stored on racks until just before usage,
When empty and before being returned to a producer by a milk
plant, each container shall be thoroughly cleaned and effectively
subjected to an approved bactericidal process, and shall be dry.
Subd. 14 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.
Subd. 15 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 the milk. Pasteurized milk or pasteurized
milk products shall not be permitted to come in contact with
equipment with which unpasteurized milk or milk products have been
in contact. No milk or milk products except non-graded milk
products shall be permitt e d to come in contact with equipment
with which a lower grade of milk or milk products has been in
contact, unless the equipment has first been thoroughly cleaned
and effectively subjected to a final approved bactericidal treat-
ment. Separate equipment must be provided for handling raw and
177107
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Milk Ordinance Page 21
pasteurized milk or milk products.
Subd. 16. Storage of Cans, Parchment Paper, and Single
Service Containers. Milk bottle caps or cap stock, u ch-
ment paper for milk cans, and single-service containers and
gaskets shall be purchased and stored only in sanitary tubes,
wrappings, and cartons, and shall be kept therein in a clean,
dry place and shall be handled in a sanitary manner.
Subd. 17. Pasteurization.. Pasteurization shall be
performed as described in this Ordinance.
Subd. 18. Cooling. All milk and milk products re-
ceived for pasteurization shall be immediately cooled in approved
equipment to 50° F. or less and maintained at that temperature
until pasteurized, unless they are to be pasteurized within two
hours after receipt, and all pasteurized milk and milk products
except those to be cultured shall be immediately and rapidly
cooled in approved equipment to a temperature of 50° F. or less
and maintained thereat until delivery, in accordance with the
provisions of this ordinance.
Subd. 19. Bottling and Can Filling. Bottling of milk
and milk products and filling of cans with milk and milk products
shall be done at the place of pasteurization using approved
mechanical equipment.
Subd. 20. Unsatisfactory Milk. Drippings from leaky
valves or fittings, spillage at can washer, of milk or milk
products which have come in contact with contaminated equipment
shall not be used for human consumption.
Subd. 21. Capping. Capping of milk and milk products
containers shall be done in a sanitary manner by approved mechan-
ical equipment. Hand capping .s prohibited. The cap or cover
on all grade A milk or grade A milk products containers shall
protect the pouring lip to at least its largest diameter. All
milk or milk products containers shall be cover capped. Caps
and single service containers shall be purchased in sanitary con-
tainers and stored in a clean dry place.
Subd. 22. Personnel Health. A physician shall examine and
take a careful morbidity history of every person connected with or about
to be employed by a milk plant, whose work brings him in contact with
the production, handling, stbrage, or transportation of milk, milk
products, containers, or equipment. If such examination or history
suggests that such person may be a carrier of or infected with the
organisms of typhoid or paratyphoid fever or any other communicable
disease 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 State health authorities for
such examination, and if the results justify, such persons shall be
barred from such employment.
l771( 7
Milk Ordinance Page 22
Subd. 23 Personnel, Cleanliness. All persons coming
in contact with milk, milk products, containers, or equipment
shall wear clean outer garments and shall keep their hands clean
at all times while thus engaged.
Subd. 24 Vehicles. All vehicles used for the trans-
portation of milk or milk products shall be so constructed and
operated as to protect their contents from the sun, from freezing
and from contamination. All vehicles used for the distribution
of milk or milk products shall have the name of the distributor
prominently displayed and shall comply with other citylordinanees
applicable to such vehicles. ``
;K\
Subd. 25 Milk tank cars and tank trucks which are pur-
chased for use after the enactment of this ordinance shall be
equipped with approved agitators and shall comply with construc-
tion, cleaning, bactericidal treatment, storage, and handling re-
quirements of this ordinance. Milk tank cars and tank trucks
hauling milk or milk products from points beyond the limits of
routine inspection into the city and while containing milk or
cream shall be sealed and labeled in an approved manner. For each
tank shipment a bill of lading containing all necessary information
shall be .epared in triplicate and shall be kept on file by the
shipper, the consignee, and the earrier for a period of 6 months
for the information of the Health Officer.
Subd. 26 The foregoing subdivisions applicable to a milk
plant in which Grade A raw to plant milk is pasteurized which per-
tain to cleanliness and sanitation with respect to the care,
handling, transportation and distribution of milk shall be likewise
applicable to milk distribution plants and personnel,
Section 286.12 Milk and Milk Products from Points Beyond the
Limits of Routine Inspection.
Milk and milk products from points beyond the limits of
routine inspection of the City of Saint Paul may not be sold in
the City of Saint Paul unless produced and pasteurized under re-
quirements which are equivalent to this Ordinanc 6 and which are
enforced with equal effectiveness. Such licensel4are required
by this Ordinance must be chained from the City of Saint Paul.
Section 286.13 Future Dairies and Milk Plants.
All dairies, milk milk distributors 'f.plants
p ants,k and receiving stations which
are built, rebuilt, or extensively altered shall conform in their
construction to the requirements of this ordinance. Plans for
all dairies, receiving stations, And milk plants shall be sub-
mitted to the Health Officer in duplicate and approval obtained
from the Health Officer before work is begun.
Section 286.14 Enforcement.
This Ordinance shall be enforced by the Health Officer.
t
z
17 102
/0 7 SS
Milk Ordinance Page 23
Section 286.15 Penalty.
Any person who shall violate any of the provisions of
this Ordinance shall upon conviction thereof be punished by a
fine of not more than one hundred dollars ($100.00) , or by
imprisonment f.9s a term not to exceed ninety (90) days.
Section 286.16 Repeal,
Ordinance No. 5148 of the City of Saint Paul entitled
"An ordinance to preserve the Public Health by regulating the
production and distribution of milk and cream offered for sale
within the City of Saint Paul, and providing penalties for
s the violation thereof" , approved, August 22, 1919 as subse-
quently amended, is hereby repealed and all other ordinances,
or parts of ordinances, conflicting with this ordinance are
hereby superseded.
Section 286.1? Date of Effect.
This Ordinance shall take effect and be in force thirty
(30) days after its passage, approval and publication.
Section 286.18 Unconstitutionality Clause.
Should any part or portion of this Ordinance be declared
unconstitutional or invalid for any reason in any court of compe-
tent jurisdiction, such declaration shall extend only to the
part so declared invalid and all other parts or portions of this
ordinance shall remain in full force and effect.
MAR 2 9 1956
Yeas Councilmen Nays Passed by the Council
1 Gibbons
Halvorson in Favor
Holland �
Marzitelli Against
Mortinson
r
Peterson � {BAR 2 91956,
1j Mr. 'resident (Dillon) Appro
Attest: , •4
,A __!City 4
1 1000 12-+4 8 Miry'
l
v77107
' b
Milk Ordinance Page 2
Subd. 7 SOUR CREAM. Sour cream is cream the acidity
of which is more than 0.2% expressed as lactic acid.
Subd. 8 HALF AND HALF. Half and. half 1s a milk product
containing not less ' than 12% milk fat and not less than 8% milk
solids not t.
Subd. 9 BUTTERMILK. Buttermilk is a product result-
ing from the churning of Milk Or cream or from the souring or treat-
ment by k, a lactic acid, or other culture, of Milks, skim milk, re-
constituted skim milk, evaporated or condensed milk or skim milk,
or milk or skim milk products. It contains not less than of
milk solids not fat.
Sub .. 10 SKIM MILK. Skim milk is milk from which a
sufficient portion of milk fat has been removed to reduce its milk
fat content to less than 3 and which contains not less than 8
of milk solids not fat.
Subd. 11 VITAMIN PORTIFItp1MILE OR MILK PRODUCTS.
vitamin fortified milk or milk products are milk or milk products
to which vitamins have been added.
Subd. 12 HOMOGENIZED MILK OR MILK PRODUCTS. Homogenized
milk or milk products are milk or milk products which have been sub-
jected to a treatment which results in a breakup of the fat globules,
and which treatment assures that after 48 hours of undisturbed
storage at 450 F. no visible separation of cream exists and in
which.the percentage of the milk fat in the top 100 milliliters in
a quart container, or proportionate volumes in other containers,
does not differ, after t V,rougH mixing, by more than 10% of itself
from the fat percentage of the remaining fluid.
Subd. 13 ADULTERATED MILK OR MILK PRODUCTs. Adulter-
ated milk or milk products are any milk or milk products is Which
water. foreign matter-, preservatives, deleterious sustances,
coloring, unwholesome substances, or poisonous materials have, been
added.
Subd. 14 MISBRANDED MILK OR MILK PRODUCTS. Misbranded
milk or milk products are milk or milk products not conforming to
the statement on the cap, tag, or label attached or affixed thereto.
Subd. 1$ PASTEURIZATION. Pasteurisation is the pro.
cess of rapidly heating every particle of milk or milk product to
at least 1430 F. and of holding such milk or milk product COntInu .
ously at such temperature for at least 30 minutes, or the process
of heating every particle or such milk or milk product to at least
1620 P. , holding such milk or milk product at such temperature for
at least 15 seconds, and immediate1 ' thereafter cooling such milk
or milk product to as temperature of 500 F. or lower, provided, that
nothing contained in this definition shall be construed a s diebarr-
ing any other process which has been demonstrated to be equally
efficient and Is approved by the Health Officer of the City of Saint
Paul.
1' 1'7
milk Ordinance Page 3
o7
Subd. 16 PERSON. The word person shall include
both the singular and plural, and shall include, without limita-
tion, "individual", *partnership*, "firm ', "corporation*, or
"Association" .
Subd. 17 SELL. The word sell shall include the words
"sale" , *serves, *services, "offer for sale*, "have in possession
for sale°, *selling*, *delivery*, "exchange", "store for sale*,
or stransier 4.
Subd. 18 HEALTH OFFICER, The term Health Officer as
used in this Ordinanieehall have reference to the Commissioner
of Public Safety who is designated as the chief Health Officer
of the City of Saint Paul under Section 372 of the Charter of
said City, or any person who has been designated by said Health
Officer to act in his behalf.
Subd. 19 RECONSTITUTED or RECOMBINED MILK. Becton.
stituted or recombined milk is a product resulting from the com-
bining of milk constituents with water.
Subd.' 20 itECONSTIffUTF;D OR RECOMBINED CREAM. Recon-
stituted or recombined cream is a product resulting from the com-
bining of dried cream, butter or it fat with cream, milk, skim
milk or water.
Subd. 21 COTTAGE CHEESE. Cottage cheese is a soft
uncured cheese obtained by adding harmless lactic acid producing
bacteria, with or without rennet, to pasteurized milk or milk
products. It contains not more than 80$ moisture.
Subd. 22 CREAM COTTAGE CHEESE., Cream cottage cheese
is cottage cheese to which pasteurized cream has been added, and
it contains In the finished product not less than 5% of milk fat
by weight and not more than 80% moisture.'
Subd. 23 SOFT CURD MILK'. Soft curd milk is milk
which is naturally soft curd or which has been subjected to a
process of homogenization, or other process aPProved by the
Health Officer.
Subd. 2 MILK BEVERAGE. , A milk beverage is a food
compound or confection, conforming to the standards set forth in
this ordinance, and consisting of milk to which has been added a
syrup, flavor, or stabilizer consisting of wholesome ingredients.
Subd. 25 SKIM MILK BEVERAGE. A skim milk beverage
is a food compound or confection conforming to the standards of
this ordinance and consisting of a milk product or skim milk Pro-
duct such as dried, evaporated, condensed, or reconstituted skim
milk to which has been. Aided a e. flavor or stabilizer con-
sisting of wholesome Ingredients.
Subd. 26 CHOCOLATE FLAVORED MILK. Chocolate flavored
milk is milk , s defined in this ordinance to which has been added,
in a sanitary manner, pure sugar, chocolate or coeoa, and other in-
gredients approved by the Health Officer of the City of Saint Paul.
7S
MILK ORDINANCE Page 4
Subd. 27 CHOCOLATE rtavo A DRINK. A chocolate
flavored drink is a drink made by adding` to a milk product chocolate
or cocoa or a mixture of both, with or without sugar, and other
ingredients approved by the. Health Officer of the City of Saint
Paul.
Subd. 28 DAIRY Y OR DAIRY TARN. A dairy or dairy farm
is any place or premise *where cows are kept and part or all of
the milk from such cows is sold or offered for sale as milk or as
a milk product in the City of Saint Paul or within the jc isdio
tion of its existing police powers.
Subd. 29 MILK PRODUCER. A milk producer is any per-
son who owns, maintains or controls milk co whose milk or result-
ing milk products are sold. or offered for sale in the City of Saint
Paul or within the jurisdiction of its existing police powers.
Subd. 30 MILK DISTRIBUTOR. A milk distributor is a
person who distributes or sells milk or milk products obtained by
him at a milk plant, as herein defined, from milk delivery vehicles
owned or controlled by him to consumers as that term is herein
defined,
Subd. 31 MILK PLANT. A milk plant is any place, pre-
mise or establishment where milk or milk products are received,
handled, processed, bottled., pasteurised and prepared for distri-
bution or sale.
Subd. 32 MILK RECEIVING STATION. A milk receiving
station is any place, premise or establishment where raw milk
from producers is received, handled,, or separated for distribu-
tion to a milk plant or a milk distributor*
Subd. 33 ORIGINAL PACKAGE. The original package is
any container into which there his been placed any milk or milk
product for the purpose of resale.
Subd. 34 BACTERICIDAL. The term bactericide refers
to an agent or process used for the destruction of bacteria and
approved as asueh by the Health Officer of the City of Saint Paul.
Subd, 35 AVERAGE BACTERIAL PLATE COUNT* AVERAGE DIRECT
MICROSCOPIC COUNT. Average bacterial plate count or average
direct microscopic count is the logarithmic average of the re.
spective results of the last four consecutive samples taken upon
separate day's.
Subd. 36 AVERAGE COOLING TEMPERATURE. Average cool-
ing temperature Is the arithmetic average of the respective results
of the last four co aecutive samples taken upon separate days.
Subd. 37 GRADE A RAW MILK TO PLANT. Grade A raw
milk to plant is raw milk the average bacterial plate count of
which, as delivered from the farm to. a milk receiving station
or milk plant, does not exceed 200,000 per milliliter, or the aver-
age direct microscopic count of which does not exceed 200,000 if
clumps are counted, and which after "laboratory pasteurization*
Ip1
Milk Ordinance Page 5
on the basis of the logarithmic average of four consecutive samples
does not exceed '30,000 organisms per milliliter as determined by
the standard plate count method.
Subd. 38 GCE A PASTEURIZED MILK PRODUCTS. Grade A
pasteurized milk products are milk products manufactured entirely
from Grade A raw milk to plant or Grade A raw milk products*
pasteurized in accordance with the provisions of this ordinances,
containing an average bacterial plate count not exceeding 30,000
per milliliter (the requirement for such count to be omitted for
sour cream, cultured buttermilk, buttermilk, cottage cheese, and
creamed cottage cheese), and showing a asatilifactory phoasphatase
test and an average average colttor count not exceeding lC per milliliter*
Subd. NON-GRADED PASTEURIZED MILK PRODUCTS. Non--
graded. pasteurized milk products are milk products herein defined
which comply with the bacteriological standards of this ordinance
pertaining to Pasteurized Grade A Milk Products and are made from
non-graded raw milk products a approved by the Health Officer of the
City of Saint Paul.
flo
Subd. - DEED RETURNS. Dumped_ returns are milk or
milk products offered for sale but not sold and which are returned
to the plant and dumped.
Subd. MILK DELIVERY VEHICLE. A milk delivery vehi-
cle is any vehicle used by a portion having a Paeteurized Milk Plant
License or a licensed milk distributor to deliver milks cream,
buttermilk, skim milk, cultured milk„ and substitutes for or pro-
ducts of milk,, to ooneu sere in the City of Saint Paul. This shall
not be construed to apply' to any retail grocery vehicle delivering
milk or milk products to Saint Paul homes or Places of business
during the ordinary course of the delivery' system operated by the
grocery store.
Subd. CONSUMER. The term 'consumer! shall mean a
person or persons to whom milk or its products are sold aandf or
delivered (1) who uses it only in cooking and other preparation of
foods for service other than mixed milk beverages (2) who uses it
in the mixing and making of mixed milk beverages, (3) who serves
it for use in coffee or stall beverages* or upon fruits or cereals,
( ) who uses it for domestic purposes in the household, (5) who uses
it as a liquid beverages (6) who uses it for resale to others in
the original package with the original seal unbroken.
Milk Ordinance Page 0
Section 2P6.02Sale of adulterated, misbranded, and improperly
graded or prepared milk or milk product**
Subd. 1 It shall be unlawful for any person to sell
adulterated, misbranded, or impoPPerly graded or prepared milk
or milk products within the city limits of the City of Saint Paul
which do not -izonforMA0Ahe applicable definition or definittone
contained in Seetiote?li" **017. Adulterated, misbranded, im-
properly .graded or prepared. milk or milk products Shall be marked
with a tag 44Old for Investigation.* .Milk or milk products co
tagged shall neither be disposed of nor shall the tag be removed
until a release in writing is obtained from the Health Officer
of the City of Saint Paul.
Subd. 2 Milk for human Consumption shall not include
milk obtained within. 1$ days before and 5 days after calving, or •
for a longer period after calving as may be neconsary to render
the milk practically colostrum free.
Subd. 3 Standardization of grade A pasteurized milk
and grade A pasteurized milk products shall be done before pasteur-
ization with grade. A raw milk to plant Or grade A raw milk pro-
ducts. Standardization of nongraded milk products shall be done
before pasteurization.
Subd The addition of vitamins to milk or milk products
shall. be subject to regulations of the Health OrtioeAand the cap,
tag, or label shall shy* the vitamins added and the number of the
U.S.?, units in addition to conforming with other requirements or
this ordinance.
Subd 5. AOmogenized milk or homogenized cream. shall
not be mixed with milk or cream which has net been homogenized.
00004. 6 A chocolate flavored milk and a -chocolate
flavored drink. shall have imprinted on the Cap, tag, or label a
statement as to the exact ingredient* and minimum milk rat con-
tent.
Subd. 7 All operations and equipmeot used in the various
processes of pasteurization shall be subject to the approval of the
Health Officer, pursuant to the 'provisions of this ordinance.
SUM, 8 Homogenization and clarification after pasteur
ization are both prohibited.
Subd* 9 Reconstituted or recombined milk or *ream shall
be made only from grade A raw milk to plant or grade A raw milk
products in & plant which meets the requirements of this ordinance,
and shall meet, the standards contained in this ordinance for milk
tat, solids' not fat, and bacterial content, which shall: be the
same as provided in this ordinance for grade A pasteurized, milk.