6594 Health Regulationsi
(Published in The Salina Journal January ._II-_, 1962)
ORDINANCE NUMBER 6594
AN GRDINr.NCE REL",TING TO HEALTH, REGULATING THE PRGDUCTICN,
TR iNSPORTAT ION, PROCES 'ING, H '.NDLING, SAMPLING, INSPECTION, E'XAM-
INATION, GRADING, REGRADING, LABELING, DELIVERY AND SALE OF MILK
AND MILK PRODUCTS, THE INSPECTION OF DAIRY HERDS, D:IRY FARMS,
PUBLIC DAIRIES AND MILK PLANTS; INCORPORATING BY REFERENCE CHAPTER
291 OF THE SESSION LAWS OF KANSAS, 1961, CHItPTER, 65, aRTICL1; 7 OF
THE GENERAL ST. TUTES OF KANSAS, 1949, AS AMENDED BY THE GENT R.<AL
STATUTE: SUPPLEMENT OF 1959, THE UNABRIDGED FORM OF THE MILK
ORDINANCE AND CODE--1953 RECCMMENDATIONS OF THE PUBLIC HEALTH
SERVICE, U. S. DEPARTMENT CF HEALTH, EDUCATION ?ND WELFARE, BEING
PUBLIC HEALTH SERVICE PUBLICATION NO. 229, (:XDX =z31Xa=MX"Aaa&XHLC(1X
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2MS9A EXCEPT SUCH PARTS CR PORTIONS OF SAID STATUTES, MILK
CRDIN NCE AND CODE AND REGULATIONS AS ARE SPECIFICALLY CHANGED,
OMITTED OR ADDED TO IN THIS ORDINANCE; RESTRICTING THE GRADE ;AND
QUALITY OF MILK .'.ND MILK PRODUCTS WHICH MAY BE MOVED INTO, SOLD OR
RECEIVED FOR HUMAN CONSUMPTION WITHIN THE CITY OF SALINA OR ITS
POLICE JURISDICTION: PROVIDING FOR MILK PERMITS AND ANNUAL REGULA-
TORY FEES FGR SUCH PERMITS; PROVIDING PENALTIES FOR VIOL.:ATIONS GF
SAID ORDINANCE; AND REPEALING SECTION 13-601 TO 13-617, INCLUSIVE,
OF THE CODE OF THE CITY OF SALINA, KANSAS, 1960.
BE IT CRD;?INED BY THE GOVERNING BODY CF THE CITY OF SALINA,
KANSAS:
Section 1. Chapter 291 of the Session Laws of Kansas, 1961,
and Chapter 65, :article 7 of the General Statutes of Kansas, 1949,
as amended by the General Statutes Supplement of 1959 are hereby
incorporated by reference herein and made a part of this ordinance
as if the same had been set out in full herein, excepting only such
parts or portions thereof as are specifically changed, omitted or
added to in this ordinance.
Section 2. Section 1 (h) and Section 7 of Chapter 291 of the
!Session Laws of 1961 are hereby expressly omitted from this
ordinance.
Section 3. The licensing and penalty provisions of Chapter
65, Article 7 of the General Statutes of Kansas, 1949, as amended
by the General Statutes Supplement of 1959, are hereby expressly
omitted from this ordinance.
Section 4. The unabridged form of the Milk Ordinance and
Code--1953 Recommendations of the Public Health Service, U. S.
Department of Health, Education and Welfare, Public Health Service
Publication No. 229 is hereby incorporated by reference herein and
made a part of this ordinance as if the same had been set out in
full herein, except such parts or portions thereof as are specif-
ically changed, omitted or added to in this ordinance; Provided,
That the words "municipality of _ " in said unabridged form
shall be understood to refer to and for the purposes of this
ordinance, they shall refer to the City of .>alina, Kansas: Pro-
vided further, That in said unabridged form, all parenthesis marks
Ienclosing words refering to degrading shall be understood to be,
land for the purposes of this ordinance, they shall be omitted.
Section 5. Paragraph K of Section 1, and all of Sections 6,
11, 16, 17 and 18 of the Milk Ordinance and the corresponding
,provisions of the Milk Code--1953 Recommendations are hereby
omitted from this ordinance.
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Section 6. For the purposes of this ordinance, Paragraph R,
ection 1 of the Milk Oode--1953 Recommendations of the Public
ealth Service is amended to read as follows:
R. The term "Health Officer" shall mean the Health
Gfficer or his duly authorized representative.
Section 7. The terms "pasteurization", "pasteurized" and
similar terms shall be taken to refer to the process of heating
every particle of milk or milk products to at least 150 degrees F.
and holding it at such temperature continuously for at least 30
minutes, or to at least 166 degrees F. and holding it at such tem-
perature continuously for at least 15 seconds, in approved and
properly operated equipment.
Section 8. A tuberculin test of all herds and additions
thereto shall be made before any milk therefrom is sold, and at
least once every 12 months thereafter, by a licensed veterinarian
approved by the State Livestock Sanitary Commissioner. Said tests
shall be made and reactors disposed of in accordance with the re-
quirements approved by the State Livestock Sanitary Commissioner
for accredited herds. ,.1 certificate signed by the veterinarian
and filed as directed by the health officer shall be evidence of
the above test. Every animal must be described and ear tag
numbers given.
Milk for pasteurization shall be from Kansas -Federal Plan A,
as certified by the Kansas Livestock Sanitary Commissioner's
office. All additions to the herd shall be brucellosis -free.
Copies of the brucellosis tests, certified by the State Livestock
Sanitary Commissioner, must be on file as directed by the health
officer. Every animal must be described and ear tag numbers given,
Cows which show a complete induration of one quarter of
extensive induration in one or more quarters of the udder upon
physical examination, whether secreting abnormal milk or not, shalt
be permanently excluded from the milking herd; Provided, That this
shall not apply in the case of a quarter that is completely dry.
Cows giving bloody, stringy or otherwise abnormal milk, but without
entire or extensive induration of the udder, shall be excluded fror
the herd until re-examination shows that the milk has become norma;
Such tests and examinations as the health officer may require
after consultation with state livestock sanitary officials, shall
be made at intervals and by methods prescribed by him, and any
diseased animals or reactors shall be disposed of as he may re-
quire.
Section 9. The floors and gutters of that portion of the bare
stable or parlor in which cows are milked, shall be constructed of
concrete, or other approved, impervious, and easily -cleaned
material. Floors and gutters shall be graded so as to drain pro-
perly, and shall be kept clean and in good repair. No swine, fowl;
horses, dry cows, calves or bulls shall be permitted in the milkin€
barn, stable, or parlor.
Section 10. Water for all dairy purposes shall be from a
supply properly located, protected, and operated, and shall be
easily accessible, adequate and of a safe, sanitary quality; Pro-
vided, no well head, well casing, pump, pumping machinery, valve
connected with the suction pump, or exposed suction pipe shall be
located in any pit, room or space extending below ground level;
Provided further, That pumping equipment and ,ppurtena.nces may be
located in a residential basement which is not subject to flooding,
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Section 11. From and after the date on which this ordinance
takes effect, no milk or milk products shall be sold to the final
consumer, or to restaurants, soda fountains, grocery stores or
similar establishments, except certified pasteurized and grade A
pasteurized; Provided, That when any milk distributor fails to
qualify for one of the above grades, the health officer is authoriz�
to suspend his permit until such time that the milk distributor is
qualified again.
Section 12. After each day's use of a bulk milk tank for
farm pick-up, the tank shall be cleaned, sanitized and both the
dome and the cabinet sealed. With approval from the health Depart-
ment, in cases where the tank is only cleanedafter use, stored and
then sanitized later before the next use, after such cleaning both
the dome and the cabinet shall be sealed and the seal on the dome
shall not be broken during the sanitizing process.
Section 13. (a) is used in this ordinance, the term "police
Jurisdiction" refers to the jurisdiction of the city and its
officers over all places within five (5) miles of the corporate
limits of the city for the enforcement of health ordinances and
regulations of the city. (G.S. 13-512, 13-2010, 14-307 and 15-307
and any amendments thereto) (b) As used in this ordinance, the
term "limits of routine inspection" shall include all the area or
territory surrounding the city in which are located dairy farms
supplying grade A raw milk for pasteurization to milk plants or
public dairies which are situated within the city or its police
jurisdiction; Provided, That if the owner of any dairy herd, dairy
farm, milk plant or public dairy located outside the limits of
routine inspection, as herein defined, shall request inspection by
the Sanitarian of the city, he may make such inspection and the fee
therefor shall be the actual cost of such service. (c) `'s used i_n'.
this ordinance, the term "milk products" shall he taken to mean and',
include cream, sour cream, half and half, reconstituted half and
half, whipped cream, whipping cream, aerated whipped cream, con-
centrated milk, concentrated milk products, skim milk, nonfat milk,i
defatted milk or low fat milk, flavored milk, flavored drink,
flavored reconstituted milk, flavored reconstituted drink, butter-
milk, cultured buttermilk, cultured milk, vitamin D milk, recon-
stituted or recombined milk, reconstituted cream, reconstituted
skim milk, and any other product made by the addition of any sub-
stance to milk or to any of these milk products and used for
similar purposes and designated as a. milk product by the Health !
lfficer; Provided, That this definition is not intended tc include
such products as evaporated milk, condensed milk, butter, steriliz-'
ed milk or cream and eggnog which do not require refrigeration,
cheese, cottage cheese or creamed cottage cheese, except when they
are combined with ether substances to produce reconstituted milk
or cream or any other product defined herein. Eggnog products �
which constitute alcoholic liquor under the laws of this state and
ice cream and frozen desserts shall not be designated as milk I
products under this ordinance, but they shall be regulated under
state statutes and ordinances of the city, if :any, which are
specially applicable to such products.
Section 14. The Sanitarian of the Health Department shall
make only such inspections of dairy herds, dairy farms, public
dairies and milk plants, and shall make only such examinations of
milk and milk products as are specifically permitted under the
provisions of Chapter 291 of the Session Laws of Kansas, 1961.
Section 15. It shall be unlawful for any person to move into,
deliver or sell within the City of Salina., Kansas, or its police
jurisdiction, any milk or milk products for human consumption
except:
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(a) Grade A raw milk for pasteurization, grade A pasteurized
milk products which have been inspected by either the Sanitarian
of the Health Department or by a state agency or political sub-
division of the State of Kansas, and which have been currently
designated Grade A and which currently have a ninety per cent
(900) survey rating as determined by the Kansas State Board of
Health.
(b) Raw milk for pasteurization produced outside of this
state and milk and milk products produced and pasteurized outside
of this state, and beyond the limits of inspection of the
Sanitarian of the Health Department, state agencies and political
subdivisions of the State of Kansas may be moved into, delivered
and sold for human consumption within the city and its police
jurisdiction only if they have at least a ninety per cent (907o)
survey rating as determined by the Ka.nsas State Board of Eealth;
Provided, That this entire Section 15 shall not apply to milk
delivered to a milk plant and sold for manufacturing purposes
only, in accordance with Regulations No. 4-7-60 of the Kansas
State Board of agriculture.
Section 16. C,fter June 30, 1962, approval of the Health_
Officer must be secured before:
(a) ,ny new kinds of milk or milk products are introduced
for sale in the City of Salina;
(b) Any existing labels on any milk or milk products are
changed or altered;
(c) %ny existing containers of milk or milk products are
changed or altered either in size or composition.
Section 17. It shall be unlawful for any person to move
into, to deliver or to receive within the City of Salina, Kansas,
or its police jurisdiction any milk or milk products permitted to
be sold for human consumption therein under the provisions of
Section 15 of this ordinance, without first applying for and
securing a city milk permit from the Salina -Saline County Health
Department.
Section 18. Applications for city milk permits must be made
in writing and f it ed with the Health Officer. Every application
shall state and include:
(a) The name and address of the applicant, and whether the
applicant is a milk producer, milk hauler, milk distributor
delivering door to door, milk distributor operating a retail store
or eating establishment, milk producer -distributor, or the
operator of a milk plant and the applicant's principal place of
business;
(b) The kinds of milk or milk products for which he seeks a
city milk permit.
(c) Ifthe applicant's milk or milk products are not pro-
duced and pasteurized within the limits of inspection of the
Sanitarian of the Health Department, the applicant must furnish
proof that the State Board of Health has determined that such milk
or milk products have a current survey rating of at least ninety
per cent (9OXo) within the current rating period.
Section 19. Whenever an application for a milk permit i
filed with the Health Officer, he shall examine the application
and determine whether the application complies with the require-
ments of Section 18 above. If he approves the application, he steal:
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thereupon issue a milk permit to the applicant, if the applicant
shall pay the permit fees required under Section 20 of this
ordinance.
'ection 20. In order to provide funds for payment of the
actual cost of the services performed by the Sanitarian in making
bacterial, butterfat, temperature and coliform determinations of
milk and milk products moved into, distributed within or sold
within the city or its police jurisdiction and for payment of the
actual cost of the inspection services performed by the Sanitarian
in determining that milk or milk products meet the requirements of
this ordinance for Grade Al raw milk for pasteurization, grade
pasteurized milk and grade 1 pasteurized milk products, each
person, firm. or corporation holding a milk permit shall be re-
quired annually on or before January 1 to pay to the Health
Department the following fees for a permit:
(a) Holder of a milk producer's permit.................$3.00
(b) Hilder of a milk haulers permit...................$3.00
( c ) Holder of a door-to-door milk distributor's permit .$3.00
for the first truck and $1.00 for each additional
truck.
(d) Holder of a retail store or eating establishment
milk distributor's permit .......................$1.00
(e) Holder of a milk plant operator's permit......No Charge
(f) Holder of a milk producer -distributor's permit.....$1.00
per sample on the estimated number of samples of milk
and milk products to be taken for routine testing
during each grading period for one (1) year PLUS an
additional charge of $40.00 per year as a service
charge, :After the first three (3) months of the
calendar year, any producer -distributor making
application for a license to bring milk or milk pro-
ducts into the City of Salina shall be charged the
same as above except that the service charge shall be
on a pro rata basis for the remainder of the year.
If during any year after January 1 an application for a milk
permit is made, such applicant, before a permit may be issued to
him, shall pay the annual permit fee as provided above.
Section 21. Any person violating the provisions of this I
ordinance shall, upon conviction thereof, bo punished by a fine
not exceeding One -hundred Dollars ($100), or by imprisonment.
Each day's violating of this ordinance shall. constitute a separate
offense,
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Section 22. If any phrase, clause, paragraph or section of
this ordinance is declared unconstitutional or invalid by any
court of competent jurisdiction, it is hereby declared that the
Governing Body would have enacted the remaining portion of this
ordinance without the phrase, clause, paragraph or section so held
unconstitutional or invalid.
Section 23. Sections Nos. 13-601 to 13-617, inclusive, of
The Code of the City of Salina, Kansas, 1960, are hereby repealed.
Section 24. This ordinance shall take effect and be in force
from and after its publication in the official City paper.
Passed by the Commission the -9th day of January, 1962.
ATTEST,
City Clerk
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APPRGVED BY:
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