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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. • .17/1 ` 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 0 s 1 � 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" 177.1( 7 ) o7_cs" 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. 1771.07 7 /075$ 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 / 07gs' 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 • 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 )o7SS 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 • 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. • .l77!()7 JO 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 • 17 71i'7 /o Ss 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. • 1771(r7 , o�ss 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. 11_70.;(715..(sq 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 ►o5 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 0-7 S s" 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.