6271 Regulate Milk ProductsC UNSOL?DATED-SALIi7A
AN ORDINANCE relating to milk and milk products regulation amending Ordinance Number 6086.
Section 1.
as follows:
ANENDMENT. Section 2 of Ordinance Number 6086 is hereby amended to read
Section 2. THE SALE OF ADULTERATED, MISBRANDED., OR UNGRADED MILK
OR AIIIK PRODUCTS PROHIBITED. No person shall within five miles of
the Corporate Limits of the City of Salina, Kansas, or its police
jurisdiction, produce, sell, offer, or expose for sale, or have in
possession with intent to sell, any MM or milk product which is
adulterated, misbranded, or ungraded. It shall be unlawful for any
person, elsewhere than in a private home, to have in possession
any adulterated, misbranded, or ungraded milk or milk products:
Provided, that in any emergency the sale of ungraded milk or milk
products may be authorized by the health officer, upon the approval
of the State Health authority, in which case they shall be labeled
"Ungraded".
Adulterated, misbranded, and/or ungraded milk or milk products
may be impoInded by the health officer and disposed of in accordance
with State Law.
Section 2. ANENT. Section 3 of Ordinance Number 6086 is hereby amended to read
as follows:
Section 3. PERMITS., FEES. It shall be unlawful for any person to
bring into, send into, or receive into or within five miles of the
Corporate Limits of the City of Salina, or,its police jurisdiction
fir sale, or to sell, or offer for sale therein, or th have in storage
where milk or milk products are sold or served,any milk or milk
product defined in this article, who does not possess a permit from
the health officer of the City of Salina.
Each milk producer, a milk hauler, a milk distributor, and operator
of a milk plant shall secure a permit. Only a person who complies
with the requirements of the article shall be entitled to receive and
retain such a permit. Permits shall not be transferal*e with respect
to persons and/or locations.
Such a permit may be tea@prarily suspended by the health officer upon
violation by the holder of any of the terms of this article, or for
interference with the health officer in the performance of his duties,
or revoked after an opportunity for a hearing at a regular meeting of
the Board of Commissioners upon serious or repeated violations. Before
any such permit shall be issued by the health officer, the person desiring
the same shall file with the health officer an application by such person
signed, which shall state the name of such person, and the name under which
he does busineds. The kind of business in which such person is engaged
and for which he desires such permit, the location of the dairy farm,
milk plant, or other place of business for which such permit was desired,
the number of cows kept on any such dairy farm, in case the applicant is
a milk producer, whether the same are milked or not, and the number and
kind of vehicles used by any such person in connection with the sale or
distribution of such milk, together with such other information as the
health officer may require, and shall pay to the health officer the fees
provided for in this article, Which fees shall be accounted for and
turned over by the health officer to the City Clerk and placed in the
City Treasurer to the credit of the Milk Inspection Department.of the
general fund of said City. Any such permit shall remain in effect only
for the remainder of the calendar year during which it is issued and
shall expire on December 31st of such year. Whenever after any such
permit is issued the person holding the same shall have or keep any
additional cows on his premises not listed in his application for such
permit, or shall use any additional vehicles not listed and described
in said application, he shall file with the health officer a supplemental
application and pay such additional fees therefore as may be required
in this ordinance, such additional fees to be computed as if such
additional cows or vehicles were included in the original application
and in the permit issued to such person for that year. The fees which
shall be required of and paid by all persons as hereinabove provided for
shall be as follows:
CONSOLiDATM-SALZNA
1
(a) Each milk producer producing and selling raw milk to any
milk plant, for pasteurization shall pay an annual fee of $1.00
for each herd of cows owned or controlled by such person, a part
of or all of the milk or milk products of which are sold to any
milk plant for pasteurization only.
(b) Each milk hauler shall pay an annual permit fee of $1.00.
(c) Each person owning or controlling a restaurant,.cafe, soda
fountain, store or Other establishment, serving or selling milk or
milk products shall pay an annual permit fee of $1.00,1
Section 3. AMENDMENT. Section 5 or Ordinance Number 6086 is hereby amended to read
as follows:
Section 5. INSPECTION OF DAIRY FARMS AND MILK PLANTS FOR THE
PURPOSE OF GRADING AND REGRADING. As often as the health officer
may deem necessary prior to the establishment and certification of any
grade, abd at least once thereafter during each grading period the
health officer shall inspect all dairy farms and all milk plants whose
milk or milk products are intended for consumption with five miles of
the Corporate Limits of the City of Salina, or its police jurisdiction,
and as a result of such inspection or any subsequent inspection as
herein provided for, shall determine and establish the grade of the
milk or milk products produced or processed on or in any such dairy
farm or milk plant and intended for consumption as a product of such
daisy farm or milk plant, and shall furWLsh to the producer or
distributor of such milk or milk products a certificate of such grade,
and shall announce such grade, or any change thereof, at the times and
in the manner hereinafter provided for. In case the health officer
discovers the violation of any item of sanitation, he shall make a
second inspection after a laps of such time as he deems necessary for
the defect to be remedied, but not before the laps of three days, and
Che second inspection shall be used in determining the grade of milk
and/or milk products. Any violation of any item of this article on
two consecutive inspections within one grading period shall call for immediate
degrading, and in such event the health officer shall establish and determine
the grade to which such milk or milk products is entitled, and shall certify
the same to the producer or distributor of such milk or milk products as
provided for in the case of the establishment and determination of an
original grade. Any grade established and determined by the health officer
for the milk or milk product of any dairy farm or milk plant, and certified
as herein provided for, shall remain as the established grade of such
milk or milk product until the some is changed, and such milk or milk
product is regraded by the health officer, as in this article provided
for, and it shall be unlawful for any person to sell, offer or expose
for sale, or have in his possession with the intent to sell, or as
available for sale within five miles of the Corporate Limits of the City
of Salina, Kansas, any milk or milk product which is labeled or branded,
or placarded, as being of any grade other than the grade last duly determined,
established and certified by the health officer as in this article provided for.
One copy of the inspection report and certificate of grade, shall be posted
by the health officer in a conspicuous place upon an inside wall of one
of the dairy farm or milk plant buildings, and said inspection report
and certificate shall not be removed by any person except the health
officer. Another copy of the inspection report and certificate shall
be filed with the records of the health department.
The announcements of grades, as hereinabove provided for, and
as mentioned in Section 7 of this article, shall be made by the health
officer at least once every six months, and whenever, after any regular
announcement is made, the previously announced grade of any producer or
distributor has been changed Or the milk or milk produbts of such producer
or distributor has been regraded as provided for in this article, sa*
any such announcement shall be made by the health officer by public notice,
which shall either be published one time in the official city paper, or
posted in a conspicuous place at the entrance of the Building in which
the office of the health officer is maintained.
Section 4. AMENDMENT, Section ll of Ordinance Number 6086 is hereby amended to read
as follows:
Section ll. MILK AND MIIK PRODUCTS FROM POINTS BEYOND THE LIMITS OF
INSPECTION OF THE CITY OF SALINA, KANSAS. Milk and milk products from
points beyond the limits of inspection of the City of Salina, may not be
sold in and within five miles of the Corporate Limits of the
City of Salina or its police Jurisdiction, unless produced and
pasteurized under grading providions identical with those of this
ordinance and approved by the health officer. Proof satisfactory
to and approved by the health officer that such conditions have
been complied with shall be furnished by the person receiving any
such milk and milk products before the same shall be sold or
distributed in the City of Salina. The limits of inspection
shall not exceed the terminus of 50 -mile radius around the City of
Salina.
Section 5. This ordinance shall be in force and take effect upon its adoption and
publication in the official city paper.
(SEAT
Attest:
City Clerk
F1
Introduced: September 16, 1958
Passed: September 30, 1958