99-507L-r
Council File # �� � SO�g
,s
Ordinance #
ORIGINAL
ORDINANCE
Green Sheet # �s�S �,
Presented
Referred To
CITY OF SAINT PAUL, MINNESOTA �«�
�y���--
�u� 2 � asss
��
Committee: Date
1 An ordinauce to amend Saint Paul Legislative
2 Code Chapter 341; adding "P1andService" to
3 the title of the cbapter to accurately describe
4 the chapter & licenses and including the
5 proper title of the department of public health
6 within the chapter's text
7
9 THE COUNCIL OF THE CITY OF SAINT PAUL DOES ORDAIN:
10
11
12
13
Section 1
14 The title of Chapter 341 of the Saint Paul Legislative Code is amended to read as foltows:
15
16
17
18
19
20
Chapter 341. Milk P1antlService
Section 2
21 Section 341.02 of the Saint Paul Legislative Code is amended to read as follows:
22
23 Sec. 341.02. Licenses required.
24
25 (a) Saint Paul plant. It shall be unlawful for any person to sell within the limits of the City of Saint Paul any millc or
26 milk products from any pasteurization plant, cottage cheese plant, cottage cheese packaging plant or milk receiving
27 station located in the City of Saint Paul unless such plant or station has been issued for the operation thereof a Saint
28 Paul or station license and a Saint Paul - Ramsev Countv Department of Public
29 Health Certificate of Inspecrion as provided in this chapter.
30
31 (b) Plant or station outside ciry. It shall be unlawful for any person to sell within the limits of the City of Saint Paul
32 any milk or xnilk products from any pasteurizarion plant, cottage cheese piant, cottage cheese packaging plant ar
33 milk receiving station located outside of the City of Saint Paul unless such plant or station has been issued a�
34��•' T��«_]__ �fT._Ll]_ Ti__t�L Saint Pau1- Ramsev County Department of Public Health certificate of inspection
35 issued by the director of said �rvisien deparhnent. after inspecrion by such director or his authorized agents. The
1 annual fee to defray the cost of such inspection shall be the sum of three hundred dollars ($300.00) for milk plan�ts �'
2 and one hundred fifty dollars ($150.00) for cottage cheese plants and milk receiving stations, which sum shall be in
3 addition to ttte inspection fee provided in section 341.05. Provided, however, that this provision shall not apply to
4 any such plant or station that is under routine inspection of another regulatory agency acceptable to the director or to
5 any such plant or station possessing a current sanitation and compliance raring acceptable to the director issued by a
6 state milk sanitation rating officer certified by the United States Public Aealth Service.
7
8(c) Distributors. Before any distributor, as herein defined, located within the City of Saint Paul may distribute milk
9 or milk products for sale in the City of Saint Paul he shall first obtain a Saint Paul milk pasteurizarion and
10 distributor's license.
11
12
13
14
Section 3
15 Section 341.03 of the Saint Paul Legislative Code is amended to read as follows:
16
17 Sec. 341.03. License applications, procedures, fees, etc.
18
19 (a) Before appiying for a license, plans for such plant, or operation, of milk producer, milk piant, milk distributor's
20plant, cottage cheese processing plant, producer or recombined milk or milk products, dairy farm, and milk receiving
21 station shall be submitted to the director for approval.
22
23 (b) At the time of submitting said plans there shall be supplied by the applicant, on an additional form prescribed by
24 the director, such information as said directar shall determine necessary to administer the provisions of this chapter.
25 Such form or forms as prescribed by the directar shall be submitted to the �isiex denarhnent of public health and
26 shall become part of the permanent records of said �isie�t denariment.
27
28 (c) Applicants for a Saint Paul pasteurizing milk license or a distributor's license shall deposit with the inspector the
29 amount of the license fee herein provided, who shall thereupon receive the application for license on forms
30 prescribed by him. A copy of such application shall be forwarded to the � denartrnent of public health, and to
31 any other city deparlment as may be necessary, for inspection. If the d'uector of the �'rvisien �artment of public
32health approves the application for license, he shall notify the inspector of such approval and shall recommend that
33 the license applied for be granted. The inspector shall grant such license only if the director so recommends.
34
35 (d) The fee for each Saint Paul pasteurizing millc license for each pasteurizing plant and the fee for each Saint Paul
36 distributor license shall be five hundred dollazs ($500.00), and the license shall be issued to any one (1) person for
37 any one (1) place of business or location in the City of Saint Paul.
38
39 More than one (1) license may be granted to the same person upon compliance with the requirements of this chapter
40 and payment of a requisite fee for each license issued.
41
42 (e) The Saint Paul pasteurization milk license and the Saint Paul distributor's license shall be issued for a period of
43 one (i) yeaz from the date of issuance of each such license.
44
45 ( fl The inspector shall keep a register of each license issued, the number thereof, the name of the person to whom
46 the same is issued, the date when issued, the date of expiration of the same, the amount paid therefor, and such data
2
1 a's may be required by other ordinances of the City of Saint Paul in respect thereto.
2
Section 4
6 Section 341.05 of the Saint Paul Legislative Code is amended to read as follows:
7
8 Sec. 341.05. Grade A milk and milk products; inspection fees.
9
qq _so�
10 (a) There shall be assessed only one (1) inspecrion fee for each one hundred (100) pounds of Grade A milk or Grade
11 A milk products under direct supervision of the �isiea department of public health of one cent ($OAl), or one-half
12 cent ($0.005), or one-tenth cent ($0.001), depending on the grade use of such Grade A milk and Grade A milk
13 products. All moneys due shall be paid to the City of Saint Paul as hereinafter set forth.
14
15 (b) One cent ($0.01) fee per one hundred (100) pounds:
16
17 (1)
18
19
20
21 (2)
22
23
24
Every pasteurizafion plant under the direct supervision of th denartment of public health shall pay
one cent ($0.01) per one hundred (100) product pounds of Grade A milk and Grade A milk products
received at such plant.
Every receiving station receiving Grade A milk from farms holding a Saint Paui Grade A certificate shall
pay one cent ($0.01) per one hundred (100) product pounds of all Grade A milk, Grade A cream, Grade A
slam milk and Grade A millc products marketed as Grade A to other than Saint Paul licensed plants.
25 (3) Every cottage cheese plant shall pay one cent ($0.01) per one hundred (100) product pounds of all Grade A
26 milk and Grade A milk products utilized as Grade A, obtained from dairy farms holding Saint Paul Grade A
27 raw milk to plant certificate.
28
29 (c) One-half cent ($0.005) fee per one hundred (100) product pounds which are not used as Grade A. Every cottage
30 cheese plant ar milk receiving station under direct supervision of the �isiea denartment of public health shall pay
31 one-half cent ($0.005) per one hundred (100) product pounds of Grade A xnilk and Grade A milk products, which is
32not used as Grade A.
33
34 (d) One-tenth cent ($0.001) per one hundred (100) pounds. Every cottage cheese plant under direct supervision of
35 the ddivisien de artment of public health shall pay an inspection fee of one-tenth cent ($0.001) per one hundred (100)
36product pounds of Grade A milk and Grade A milk products when such milk or milk products are obtained from a
37 source under supervision of the Minnesota State Department of Agriculture and aze approved by the director.
38
39 (e) The product pounds of Grade A milk and Grade A milk products subject to these inspection fees shall be
40 determined from records of the Federal Market Administrator, the Market Super Pool, the Milk Producers
41 Association, Milk Receiving Stations, licensed plants or other sources, as may be required and be acceptable to the
42 director.
43
44 (� Every plant under the direct supervision of the �ivisie� department of public health shall, not later than the 20th
45 day of each month, send to the director, on forms fiunished by him, a true statement of the quantities of product
46pounds of Grade A milk and Grade A milk products received the previous month and subject to the inspection fee.
47
48 (g) Every receiving station under the direct supervision of the �visien denariment of public health shall, not later
1 than the 20th day of each month, send to the director, on forms furnished by him, a true statement of tha quantities of
2 Grade A milk received the previous month and the utilization thereof. Ct e� _ Sp�
3
4(h) The director shall, after receiving the forms declaring the quantiries of Grade A milk and Gnde A milk products
5 subject to the above fees, bill each plant or receiving starion by the first day of the following month. The Saint Paul
6 licensed piants and receiving stations shall pay the inspection fee to the City of Saint Paul not later than the tenth day
7 after the biiling date.
8
9
10
11
Section 5
12 Section 341.17 of the Saint Paul Legislative Code is amended to read as follows:
13
14 Sec. 341.17. Inspection of books.
15
16 The director of the �ivisiea denartment of public health or his authorized representatives shall be permitted, at any
17 reasonable time, to investigate the correctness or accuracy of the statements filed, and for that purpose shall haue
18 access at all reasonable times to all books and documents of milk dealers and distributors bearing on the amount of
19 millc products received by any milk dealer or distributor whose products are under supervision of the City of Saint
20 Paul. The investigation of the books and accounts shall not be divulged or made public except as follows:
21
22 (1) The informafion may be furnished to other public administrative officials in the regulaz course of their
23 official duties.
24
25 (2) The information may be offered as evidence by the director or any other duly authorized representative in
26 any civil action at law for the collection of inspection fees or in any administrative hearing held pursuant to
27 the provisions of the sections of this chapter dealing with milk inspection and milk inspection fees.
28
29
30 Section 6
31
32 Section 341.19 of the Saint Paul Legislative Code is amended to read as follows:
33
34Sec. 341.19. Plans for construct►on, reconstruction, etc., to be submitted for approval.
35
36 All dairies, milk plants, milk distributor's plants and receiving stations which are built, rebuilt or extensively altered
37sha11 conform in their construction to the requirements ofthis chapter. Plans for all dairies, receiving stations and
38 milk plants shall be submitted to the director of the �+isiex deparhnent of public health before work is begun.
39
40
41
42
43
44
45
46
47
48
n
1 ' '
2 aq ..f0 p 1
3
4
5
6
7
8 Secrion 7
9
10 Section 341.20 of the Saint Paul Legislative Code is amended to read as follows:
11
12 Sec. 341.20. Enforcement
13
14 This chapter shall be enforced by the director of the �is'rert �artment of public health and the inspector.
15
16
17 Section 8
18
19 This ordinance shall take effect and be in full force (30) days following its passage, approval and publication.
3L
33Adopted by Council: Date �
34
35Adoption Certified by Council Secretary
36
37sY: �_ i c � V� ���
3s �� / l�
39Approved by Ma Date
40 /� //�
41 sy : �{j4y�'�G�'�il _
Requested by Department of:
Office of License. Insoections and
Environmental Protection
By: '� j �
Form Approved by City Attorney
sY � �/.4 9,liv�c�- /� a�ir�
Approved by Mayor fcy� Submission to
�
PUBIISNED
JUL 2� 1999
OFFICE OF LIEP Date: GREEN SHEET
Robert Kessler April i9 1999
266-9112 (/ NO 64871 � S°
EPARTMEN'P DIRHCTOR ZTY COUNCIL
s uX� 9�Ek ,� ,� z �.� A.�� _� �
��
ust be on Council Agenda by: °°^ �T nzxscrox IN. E MGT. SVC. DIA.
�
SAP YOR (OR ASSISTANI)
OTAI, # OF SIGNATIIR$ PAGES 1 (CLIP ALL LOCATIONS FOR SIGNATURE)
CTION REQUESTED:
ordinance to amend Saint Paul Legislative Code Chapter 341; adding
��Plant/Service" to the title of the chapter to accurately describe the chapter
& licenses and including the proper title of the department of public health
ithin the chapter's text.
COM14�ENDATIONS: APPROVE (A) OR RE.TECT (R) SRSONAL 38&VICB CONTRTCPS KOST ANSWSR T88 POLLOiRNG:
PLANNING COhIlNISSION CIVIL SERVICE COMMZSSION 1. Hae the peYSOn/fixm ¢ver worked undes a cORtract fox this depaYtment?
CIB �OM1IIAITTSE SUSIN65S REVIEW COUNCZL Y&S NO
STAFF _ Has this person/fizm ever been a City employee?
DISIRICT COURT YES NO
3. Doea this peraon/firm posaeas a skill not noxmally possesaed by any
SUPPORTS WHICH COUNCIL OBJSCTIVE? Cllii�ent City employ¢e?
YES NO
laia all Y85 aaewers oa a 6eparate aheeC aad attach.
INITIATING PROBLEM, ISSUE, OPPORTUNITY (Who, What, When, Where, Why):
The current title of the chapter, "Milk," inadequately describes the content of
the chapter and the licenses found within the chapter; the department of public
health is referred to as the division of public health which is inaccurate.
VANTAGES IF APPROVED:
The title will accurately reflect the content of the chapter and the licenses
cited in the chapter; the department of public health will be accurately titled
in the chapter.
ISADVANTAGES IF APPROVED:
one apparent.
ISADVANTAGES IF NOT APPROVED:
The title of the chapter will remain inadequate in describing the content of
the chapter and the licenses it describes; the title of the department of
ublic health will remain inaccurate.
TOTAL AMOUNT OF TRANSACTION $ COST/REVENUE BUDGETED YES NO
FUNDING SOURCE ACTIVITY NUMBER
FINANCIAL INFORMATION: (EXPLAIN)
Rc es� P°a 'r�r
MAY 2 7 1999
_
L-r
Council File # �� � SO�g
,s
Ordinance #
ORIGINAL
ORDINANCE
Green Sheet # �s�S �,
Presented
Referred To
CITY OF SAINT PAUL, MINNESOTA �«�
�y���--
�u� 2 � asss
��
Committee: Date
1 An ordinauce to amend Saint Paul Legislative
2 Code Chapter 341; adding "P1andService" to
3 the title of the cbapter to accurately describe
4 the chapter & licenses and including the
5 proper title of the department of public health
6 within the chapter's text
7
9 THE COUNCIL OF THE CITY OF SAINT PAUL DOES ORDAIN:
10
11
12
13
Section 1
14 The title of Chapter 341 of the Saint Paul Legislative Code is amended to read as foltows:
15
16
17
18
19
20
Chapter 341. Milk P1antlService
Section 2
21 Section 341.02 of the Saint Paul Legislative Code is amended to read as follows:
22
23 Sec. 341.02. Licenses required.
24
25 (a) Saint Paul plant. It shall be unlawful for any person to sell within the limits of the City of Saint Paul any millc or
26 milk products from any pasteurization plant, cottage cheese plant, cottage cheese packaging plant or milk receiving
27 station located in the City of Saint Paul unless such plant or station has been issued for the operation thereof a Saint
28 Paul or station license and a Saint Paul - Ramsev Countv Department of Public
29 Health Certificate of Inspecrion as provided in this chapter.
30
31 (b) Plant or station outside ciry. It shall be unlawful for any person to sell within the limits of the City of Saint Paul
32 any milk or xnilk products from any pasteurizarion plant, cottage cheese piant, cottage cheese packaging plant ar
33 milk receiving station located outside of the City of Saint Paul unless such plant or station has been issued a�
34��•' T��«_]__ �fT._Ll]_ Ti__t�L Saint Pau1- Ramsev County Department of Public Health certificate of inspection
35 issued by the director of said �rvisien deparhnent. after inspecrion by such director or his authorized agents. The
1 annual fee to defray the cost of such inspection shall be the sum of three hundred dollars ($300.00) for milk plan�ts �'
2 and one hundred fifty dollars ($150.00) for cottage cheese plants and milk receiving stations, which sum shall be in
3 addition to ttte inspection fee provided in section 341.05. Provided, however, that this provision shall not apply to
4 any such plant or station that is under routine inspection of another regulatory agency acceptable to the director or to
5 any such plant or station possessing a current sanitation and compliance raring acceptable to the director issued by a
6 state milk sanitation rating officer certified by the United States Public Aealth Service.
7
8(c) Distributors. Before any distributor, as herein defined, located within the City of Saint Paul may distribute milk
9 or milk products for sale in the City of Saint Paul he shall first obtain a Saint Paul milk pasteurizarion and
10 distributor's license.
11
12
13
14
Section 3
15 Section 341.03 of the Saint Paul Legislative Code is amended to read as follows:
16
17 Sec. 341.03. License applications, procedures, fees, etc.
18
19 (a) Before appiying for a license, plans for such plant, or operation, of milk producer, milk piant, milk distributor's
20plant, cottage cheese processing plant, producer or recombined milk or milk products, dairy farm, and milk receiving
21 station shall be submitted to the director for approval.
22
23 (b) At the time of submitting said plans there shall be supplied by the applicant, on an additional form prescribed by
24 the director, such information as said directar shall determine necessary to administer the provisions of this chapter.
25 Such form or forms as prescribed by the directar shall be submitted to the �isiex denarhnent of public health and
26 shall become part of the permanent records of said �isie�t denariment.
27
28 (c) Applicants for a Saint Paul pasteurizing milk license or a distributor's license shall deposit with the inspector the
29 amount of the license fee herein provided, who shall thereupon receive the application for license on forms
30 prescribed by him. A copy of such application shall be forwarded to the � denartrnent of public health, and to
31 any other city deparlment as may be necessary, for inspection. If the d'uector of the �'rvisien �artment of public
32health approves the application for license, he shall notify the inspector of such approval and shall recommend that
33 the license applied for be granted. The inspector shall grant such license only if the director so recommends.
34
35 (d) The fee for each Saint Paul pasteurizing millc license for each pasteurizing plant and the fee for each Saint Paul
36 distributor license shall be five hundred dollazs ($500.00), and the license shall be issued to any one (1) person for
37 any one (1) place of business or location in the City of Saint Paul.
38
39 More than one (1) license may be granted to the same person upon compliance with the requirements of this chapter
40 and payment of a requisite fee for each license issued.
41
42 (e) The Saint Paul pasteurization milk license and the Saint Paul distributor's license shall be issued for a period of
43 one (i) yeaz from the date of issuance of each such license.
44
45 ( fl The inspector shall keep a register of each license issued, the number thereof, the name of the person to whom
46 the same is issued, the date when issued, the date of expiration of the same, the amount paid therefor, and such data
2
1 a's may be required by other ordinances of the City of Saint Paul in respect thereto.
2
Section 4
6 Section 341.05 of the Saint Paul Legislative Code is amended to read as follows:
7
8 Sec. 341.05. Grade A milk and milk products; inspection fees.
9
qq _so�
10 (a) There shall be assessed only one (1) inspecrion fee for each one hundred (100) pounds of Grade A milk or Grade
11 A milk products under direct supervision of the �isiea department of public health of one cent ($OAl), or one-half
12 cent ($0.005), or one-tenth cent ($0.001), depending on the grade use of such Grade A milk and Grade A milk
13 products. All moneys due shall be paid to the City of Saint Paul as hereinafter set forth.
14
15 (b) One cent ($0.01) fee per one hundred (100) pounds:
16
17 (1)
18
19
20
21 (2)
22
23
24
Every pasteurizafion plant under the direct supervision of th denartment of public health shall pay
one cent ($0.01) per one hundred (100) product pounds of Grade A milk and Grade A milk products
received at such plant.
Every receiving station receiving Grade A milk from farms holding a Saint Paui Grade A certificate shall
pay one cent ($0.01) per one hundred (100) product pounds of all Grade A milk, Grade A cream, Grade A
slam milk and Grade A millc products marketed as Grade A to other than Saint Paul licensed plants.
25 (3) Every cottage cheese plant shall pay one cent ($0.01) per one hundred (100) product pounds of all Grade A
26 milk and Grade A milk products utilized as Grade A, obtained from dairy farms holding Saint Paul Grade A
27 raw milk to plant certificate.
28
29 (c) One-half cent ($0.005) fee per one hundred (100) product pounds which are not used as Grade A. Every cottage
30 cheese plant ar milk receiving station under direct supervision of the �isiea denartment of public health shall pay
31 one-half cent ($0.005) per one hundred (100) product pounds of Grade A xnilk and Grade A milk products, which is
32not used as Grade A.
33
34 (d) One-tenth cent ($0.001) per one hundred (100) pounds. Every cottage cheese plant under direct supervision of
35 the ddivisien de artment of public health shall pay an inspection fee of one-tenth cent ($0.001) per one hundred (100)
36product pounds of Grade A milk and Grade A milk products when such milk or milk products are obtained from a
37 source under supervision of the Minnesota State Department of Agriculture and aze approved by the director.
38
39 (e) The product pounds of Grade A milk and Grade A milk products subject to these inspection fees shall be
40 determined from records of the Federal Market Administrator, the Market Super Pool, the Milk Producers
41 Association, Milk Receiving Stations, licensed plants or other sources, as may be required and be acceptable to the
42 director.
43
44 (� Every plant under the direct supervision of the �ivisie� department of public health shall, not later than the 20th
45 day of each month, send to the director, on forms fiunished by him, a true statement of the quantities of product
46pounds of Grade A milk and Grade A milk products received the previous month and subject to the inspection fee.
47
48 (g) Every receiving station under the direct supervision of the �visien denariment of public health shall, not later
1 than the 20th day of each month, send to the director, on forms furnished by him, a true statement of tha quantities of
2 Grade A milk received the previous month and the utilization thereof. Ct e� _ Sp�
3
4(h) The director shall, after receiving the forms declaring the quantiries of Grade A milk and Gnde A milk products
5 subject to the above fees, bill each plant or receiving starion by the first day of the following month. The Saint Paul
6 licensed piants and receiving stations shall pay the inspection fee to the City of Saint Paul not later than the tenth day
7 after the biiling date.
8
9
10
11
Section 5
12 Section 341.17 of the Saint Paul Legislative Code is amended to read as follows:
13
14 Sec. 341.17. Inspection of books.
15
16 The director of the �ivisiea denartment of public health or his authorized representatives shall be permitted, at any
17 reasonable time, to investigate the correctness or accuracy of the statements filed, and for that purpose shall haue
18 access at all reasonable times to all books and documents of milk dealers and distributors bearing on the amount of
19 millc products received by any milk dealer or distributor whose products are under supervision of the City of Saint
20 Paul. The investigation of the books and accounts shall not be divulged or made public except as follows:
21
22 (1) The informafion may be furnished to other public administrative officials in the regulaz course of their
23 official duties.
24
25 (2) The information may be offered as evidence by the director or any other duly authorized representative in
26 any civil action at law for the collection of inspection fees or in any administrative hearing held pursuant to
27 the provisions of the sections of this chapter dealing with milk inspection and milk inspection fees.
28
29
30 Section 6
31
32 Section 341.19 of the Saint Paul Legislative Code is amended to read as follows:
33
34Sec. 341.19. Plans for construct►on, reconstruction, etc., to be submitted for approval.
35
36 All dairies, milk plants, milk distributor's plants and receiving stations which are built, rebuilt or extensively altered
37sha11 conform in their construction to the requirements ofthis chapter. Plans for all dairies, receiving stations and
38 milk plants shall be submitted to the director of the �+isiex deparhnent of public health before work is begun.
39
40
41
42
43
44
45
46
47
48
n
1 ' '
2 aq ..f0 p 1
3
4
5
6
7
8 Secrion 7
9
10 Section 341.20 of the Saint Paul Legislative Code is amended to read as follows:
11
12 Sec. 341.20. Enforcement
13
14 This chapter shall be enforced by the director of the �is'rert �artment of public health and the inspector.
15
16
17 Section 8
18
19 This ordinance shall take effect and be in full force (30) days following its passage, approval and publication.
3L
33Adopted by Council: Date �
34
35Adoption Certified by Council Secretary
36
37sY: �_ i c � V� ���
3s �� / l�
39Approved by Ma Date
40 /� //�
41 sy : �{j4y�'�G�'�il _
Requested by Department of:
Office of License. Insoections and
Environmental Protection
By: '� j �
Form Approved by City Attorney
sY � �/.4 9,liv�c�- /� a�ir�
Approved by Mayor fcy� Submission to
�
PUBIISNED
JUL 2� 1999
OFFICE OF LIEP Date: GREEN SHEET
Robert Kessler April i9 1999
266-9112 (/ NO 64871 � S°
EPARTMEN'P DIRHCTOR ZTY COUNCIL
s uX� 9�Ek ,� ,� z �.� A.�� _� �
��
ust be on Council Agenda by: °°^ �T nzxscrox IN. E MGT. SVC. DIA.
�
SAP YOR (OR ASSISTANI)
OTAI, # OF SIGNATIIR$ PAGES 1 (CLIP ALL LOCATIONS FOR SIGNATURE)
CTION REQUESTED:
ordinance to amend Saint Paul Legislative Code Chapter 341; adding
��Plant/Service" to the title of the chapter to accurately describe the chapter
& licenses and including the proper title of the department of public health
ithin the chapter's text.
COM14�ENDATIONS: APPROVE (A) OR RE.TECT (R) SRSONAL 38&VICB CONTRTCPS KOST ANSWSR T88 POLLOiRNG:
PLANNING COhIlNISSION CIVIL SERVICE COMMZSSION 1. Hae the peYSOn/fixm ¢ver worked undes a cORtract fox this depaYtment?
CIB �OM1IIAITTSE SUSIN65S REVIEW COUNCZL Y&S NO
STAFF _ Has this person/fizm ever been a City employee?
DISIRICT COURT YES NO
3. Doea this peraon/firm posaeas a skill not noxmally possesaed by any
SUPPORTS WHICH COUNCIL OBJSCTIVE? Cllii�ent City employ¢e?
YES NO
laia all Y85 aaewers oa a 6eparate aheeC aad attach.
INITIATING PROBLEM, ISSUE, OPPORTUNITY (Who, What, When, Where, Why):
The current title of the chapter, "Milk," inadequately describes the content of
the chapter and the licenses found within the chapter; the department of public
health is referred to as the division of public health which is inaccurate.
VANTAGES IF APPROVED:
The title will accurately reflect the content of the chapter and the licenses
cited in the chapter; the department of public health will be accurately titled
in the chapter.
ISADVANTAGES IF APPROVED:
one apparent.
ISADVANTAGES IF NOT APPROVED:
The title of the chapter will remain inadequate in describing the content of
the chapter and the licenses it describes; the title of the department of
ublic health will remain inaccurate.
TOTAL AMOUNT OF TRANSACTION $ COST/REVENUE BUDGETED YES NO
FUNDING SOURCE ACTIVITY NUMBER
FINANCIAL INFORMATION: (EXPLAIN)
Rc es� P°a 'r�r
MAY 2 7 1999
_
L-r
Council File # �� � SO�g
,s
Ordinance #
ORIGINAL
ORDINANCE
Green Sheet # �s�S �,
Presented
Referred To
CITY OF SAINT PAUL, MINNESOTA �«�
�y���--
�u� 2 � asss
��
Committee: Date
1 An ordinauce to amend Saint Paul Legislative
2 Code Chapter 341; adding "P1andService" to
3 the title of the cbapter to accurately describe
4 the chapter & licenses and including the
5 proper title of the department of public health
6 within the chapter's text
7
9 THE COUNCIL OF THE CITY OF SAINT PAUL DOES ORDAIN:
10
11
12
13
Section 1
14 The title of Chapter 341 of the Saint Paul Legislative Code is amended to read as foltows:
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Chapter 341. Milk P1antlService
Section 2
21 Section 341.02 of the Saint Paul Legislative Code is amended to read as follows:
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23 Sec. 341.02. Licenses required.
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25 (a) Saint Paul plant. It shall be unlawful for any person to sell within the limits of the City of Saint Paul any millc or
26 milk products from any pasteurization plant, cottage cheese plant, cottage cheese packaging plant or milk receiving
27 station located in the City of Saint Paul unless such plant or station has been issued for the operation thereof a Saint
28 Paul or station license and a Saint Paul - Ramsev Countv Department of Public
29 Health Certificate of Inspecrion as provided in this chapter.
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31 (b) Plant or station outside ciry. It shall be unlawful for any person to sell within the limits of the City of Saint Paul
32 any milk or xnilk products from any pasteurizarion plant, cottage cheese piant, cottage cheese packaging plant ar
33 milk receiving station located outside of the City of Saint Paul unless such plant or station has been issued a�
34��•' T��«_]__ �fT._Ll]_ Ti__t�L Saint Pau1- Ramsev County Department of Public Health certificate of inspection
35 issued by the director of said �rvisien deparhnent. after inspecrion by such director or his authorized agents. The
1 annual fee to defray the cost of such inspection shall be the sum of three hundred dollars ($300.00) for milk plan�ts �'
2 and one hundred fifty dollars ($150.00) for cottage cheese plants and milk receiving stations, which sum shall be in
3 addition to ttte inspection fee provided in section 341.05. Provided, however, that this provision shall not apply to
4 any such plant or station that is under routine inspection of another regulatory agency acceptable to the director or to
5 any such plant or station possessing a current sanitation and compliance raring acceptable to the director issued by a
6 state milk sanitation rating officer certified by the United States Public Aealth Service.
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8(c) Distributors. Before any distributor, as herein defined, located within the City of Saint Paul may distribute milk
9 or milk products for sale in the City of Saint Paul he shall first obtain a Saint Paul milk pasteurizarion and
10 distributor's license.
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Section 3
15 Section 341.03 of the Saint Paul Legislative Code is amended to read as follows:
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17 Sec. 341.03. License applications, procedures, fees, etc.
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19 (a) Before appiying for a license, plans for such plant, or operation, of milk producer, milk piant, milk distributor's
20plant, cottage cheese processing plant, producer or recombined milk or milk products, dairy farm, and milk receiving
21 station shall be submitted to the director for approval.
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23 (b) At the time of submitting said plans there shall be supplied by the applicant, on an additional form prescribed by
24 the director, such information as said directar shall determine necessary to administer the provisions of this chapter.
25 Such form or forms as prescribed by the directar shall be submitted to the �isiex denarhnent of public health and
26 shall become part of the permanent records of said �isie�t denariment.
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28 (c) Applicants for a Saint Paul pasteurizing milk license or a distributor's license shall deposit with the inspector the
29 amount of the license fee herein provided, who shall thereupon receive the application for license on forms
30 prescribed by him. A copy of such application shall be forwarded to the � denartrnent of public health, and to
31 any other city deparlment as may be necessary, for inspection. If the d'uector of the �'rvisien �artment of public
32health approves the application for license, he shall notify the inspector of such approval and shall recommend that
33 the license applied for be granted. The inspector shall grant such license only if the director so recommends.
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35 (d) The fee for each Saint Paul pasteurizing millc license for each pasteurizing plant and the fee for each Saint Paul
36 distributor license shall be five hundred dollazs ($500.00), and the license shall be issued to any one (1) person for
37 any one (1) place of business or location in the City of Saint Paul.
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39 More than one (1) license may be granted to the same person upon compliance with the requirements of this chapter
40 and payment of a requisite fee for each license issued.
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42 (e) The Saint Paul pasteurization milk license and the Saint Paul distributor's license shall be issued for a period of
43 one (i) yeaz from the date of issuance of each such license.
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45 ( fl The inspector shall keep a register of each license issued, the number thereof, the name of the person to whom
46 the same is issued, the date when issued, the date of expiration of the same, the amount paid therefor, and such data
2
1 a's may be required by other ordinances of the City of Saint Paul in respect thereto.
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Section 4
6 Section 341.05 of the Saint Paul Legislative Code is amended to read as follows:
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8 Sec. 341.05. Grade A milk and milk products; inspection fees.
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qq _so�
10 (a) There shall be assessed only one (1) inspecrion fee for each one hundred (100) pounds of Grade A milk or Grade
11 A milk products under direct supervision of the �isiea department of public health of one cent ($OAl), or one-half
12 cent ($0.005), or one-tenth cent ($0.001), depending on the grade use of such Grade A milk and Grade A milk
13 products. All moneys due shall be paid to the City of Saint Paul as hereinafter set forth.
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15 (b) One cent ($0.01) fee per one hundred (100) pounds:
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17 (1)
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21 (2)
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Every pasteurizafion plant under the direct supervision of th denartment of public health shall pay
one cent ($0.01) per one hundred (100) product pounds of Grade A milk and Grade A milk products
received at such plant.
Every receiving station receiving Grade A milk from farms holding a Saint Paui Grade A certificate shall
pay one cent ($0.01) per one hundred (100) product pounds of all Grade A milk, Grade A cream, Grade A
slam milk and Grade A millc products marketed as Grade A to other than Saint Paul licensed plants.
25 (3) Every cottage cheese plant shall pay one cent ($0.01) per one hundred (100) product pounds of all Grade A
26 milk and Grade A milk products utilized as Grade A, obtained from dairy farms holding Saint Paul Grade A
27 raw milk to plant certificate.
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29 (c) One-half cent ($0.005) fee per one hundred (100) product pounds which are not used as Grade A. Every cottage
30 cheese plant ar milk receiving station under direct supervision of the �isiea denartment of public health shall pay
31 one-half cent ($0.005) per one hundred (100) product pounds of Grade A xnilk and Grade A milk products, which is
32not used as Grade A.
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34 (d) One-tenth cent ($0.001) per one hundred (100) pounds. Every cottage cheese plant under direct supervision of
35 the ddivisien de artment of public health shall pay an inspection fee of one-tenth cent ($0.001) per one hundred (100)
36product pounds of Grade A milk and Grade A milk products when such milk or milk products are obtained from a
37 source under supervision of the Minnesota State Department of Agriculture and aze approved by the director.
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39 (e) The product pounds of Grade A milk and Grade A milk products subject to these inspection fees shall be
40 determined from records of the Federal Market Administrator, the Market Super Pool, the Milk Producers
41 Association, Milk Receiving Stations, licensed plants or other sources, as may be required and be acceptable to the
42 director.
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44 (� Every plant under the direct supervision of the �ivisie� department of public health shall, not later than the 20th
45 day of each month, send to the director, on forms fiunished by him, a true statement of the quantities of product
46pounds of Grade A milk and Grade A milk products received the previous month and subject to the inspection fee.
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48 (g) Every receiving station under the direct supervision of the �visien denariment of public health shall, not later
1 than the 20th day of each month, send to the director, on forms furnished by him, a true statement of tha quantities of
2 Grade A milk received the previous month and the utilization thereof. Ct e� _ Sp�
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4(h) The director shall, after receiving the forms declaring the quantiries of Grade A milk and Gnde A milk products
5 subject to the above fees, bill each plant or receiving starion by the first day of the following month. The Saint Paul
6 licensed piants and receiving stations shall pay the inspection fee to the City of Saint Paul not later than the tenth day
7 after the biiling date.
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Section 5
12 Section 341.17 of the Saint Paul Legislative Code is amended to read as follows:
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14 Sec. 341.17. Inspection of books.
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16 The director of the �ivisiea denartment of public health or his authorized representatives shall be permitted, at any
17 reasonable time, to investigate the correctness or accuracy of the statements filed, and for that purpose shall haue
18 access at all reasonable times to all books and documents of milk dealers and distributors bearing on the amount of
19 millc products received by any milk dealer or distributor whose products are under supervision of the City of Saint
20 Paul. The investigation of the books and accounts shall not be divulged or made public except as follows:
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22 (1) The informafion may be furnished to other public administrative officials in the regulaz course of their
23 official duties.
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25 (2) The information may be offered as evidence by the director or any other duly authorized representative in
26 any civil action at law for the collection of inspection fees or in any administrative hearing held pursuant to
27 the provisions of the sections of this chapter dealing with milk inspection and milk inspection fees.
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30 Section 6
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32 Section 341.19 of the Saint Paul Legislative Code is amended to read as follows:
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34Sec. 341.19. Plans for construct►on, reconstruction, etc., to be submitted for approval.
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36 All dairies, milk plants, milk distributor's plants and receiving stations which are built, rebuilt or extensively altered
37sha11 conform in their construction to the requirements ofthis chapter. Plans for all dairies, receiving stations and
38 milk plants shall be submitted to the director of the �+isiex deparhnent of public health before work is begun.
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8 Secrion 7
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10 Section 341.20 of the Saint Paul Legislative Code is amended to read as follows:
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12 Sec. 341.20. Enforcement
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14 This chapter shall be enforced by the director of the �is'rert �artment of public health and the inspector.
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17 Section 8
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19 This ordinance shall take effect and be in full force (30) days following its passage, approval and publication.
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33Adopted by Council: Date �
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35Adoption Certified by Council Secretary
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37sY: �_ i c � V� ���
3s �� / l�
39Approved by Ma Date
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41 sy : �{j4y�'�G�'�il _
Requested by Department of:
Office of License. Insoections and
Environmental Protection
By: '� j �
Form Approved by City Attorney
sY � �/.4 9,liv�c�- /� a�ir�
Approved by Mayor fcy� Submission to
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PUBIISNED
JUL 2� 1999
OFFICE OF LIEP Date: GREEN SHEET
Robert Kessler April i9 1999
266-9112 (/ NO 64871 � S°
EPARTMEN'P DIRHCTOR ZTY COUNCIL
s uX� 9�Ek ,� ,� z �.� A.�� _� �
��
ust be on Council Agenda by: °°^ �T nzxscrox IN. E MGT. SVC. DIA.
�
SAP YOR (OR ASSISTANI)
OTAI, # OF SIGNATIIR$ PAGES 1 (CLIP ALL LOCATIONS FOR SIGNATURE)
CTION REQUESTED:
ordinance to amend Saint Paul Legislative Code Chapter 341; adding
��Plant/Service" to the title of the chapter to accurately describe the chapter
& licenses and including the proper title of the department of public health
ithin the chapter's text.
COM14�ENDATIONS: APPROVE (A) OR RE.TECT (R) SRSONAL 38&VICB CONTRTCPS KOST ANSWSR T88 POLLOiRNG:
PLANNING COhIlNISSION CIVIL SERVICE COMMZSSION 1. Hae the peYSOn/fixm ¢ver worked undes a cORtract fox this depaYtment?
CIB �OM1IIAITTSE SUSIN65S REVIEW COUNCZL Y&S NO
STAFF _ Has this person/fizm ever been a City employee?
DISIRICT COURT YES NO
3. Doea this peraon/firm posaeas a skill not noxmally possesaed by any
SUPPORTS WHICH COUNCIL OBJSCTIVE? Cllii�ent City employ¢e?
YES NO
laia all Y85 aaewers oa a 6eparate aheeC aad attach.
INITIATING PROBLEM, ISSUE, OPPORTUNITY (Who, What, When, Where, Why):
The current title of the chapter, "Milk," inadequately describes the content of
the chapter and the licenses found within the chapter; the department of public
health is referred to as the division of public health which is inaccurate.
VANTAGES IF APPROVED:
The title will accurately reflect the content of the chapter and the licenses
cited in the chapter; the department of public health will be accurately titled
in the chapter.
ISADVANTAGES IF APPROVED:
one apparent.
ISADVANTAGES IF NOT APPROVED:
The title of the chapter will remain inadequate in describing the content of
the chapter and the licenses it describes; the title of the department of
ublic health will remain inaccurate.
TOTAL AMOUNT OF TRANSACTION $ COST/REVENUE BUDGETED YES NO
FUNDING SOURCE ACTIVITY NUMBER
FINANCIAL INFORMATION: (EXPLAIN)
Rc es� P°a 'r�r
MAY 2 7 1999
_