6086 Milk PasteurizationCoNln ,jf,%TED-SALINA
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ORDINANCE NUMBER_ h0�
(Published in the Salina Journal d t (,) , 1956)
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AN ORDINANCE defining "milk" and certain "milk products", "milk producer', "pasteurization",
etc.; prohibiting the sale of adulterated and misbranded milk and milk products, requiring
permits for the sale of milk and milk products; regulating the inspection of dairy farms and
milk plants, and the examination, grading, labeling, pasteurization, regrading, distribution,
and sale of milk and milk products; providing for the publishing of milk grades, the con-
struction of future dairies and milk plants, the enforcement of this ordinance, the fixing
of penalties, and repealing Article 3, Sections 11-301 through 11-316 Revised Ordinances of
the City of Salina, Kansas, 1948.
BE IT ORDAINED by the Board of Commissioners of the City of Salina, Kansas.
Section 1. DEFINITIONS. The following definitions shall apply in the interpretation
and the enforcement of this ordinance;
(a) MILK. Milk is hereby defined to be the lacteal secretion obtained by the complete
milking of one or more healthy cows, excluding that obtained within fifteen days before and
five days after calving or such longer period as may be necessary to render the milk prac-
tically colostrum free; which contains not less than 84 percent of milk solids -not -fat, and
not less than 34 percent of milk fat.
(b) MILK FAT OR BUTTER FAT. Milk fat or butter fat is the fat of milk.
(c) CREAM. Cream is a portion of milk which contains not less than 18 percent milk fat,
and the acidity of which is not more than 0.20 percent, expressed as lactic acid.
(d) SOUR CREAM. Sour cream is cream the acidity of which is more than 0.20 percent,
expressed as lactic acid.
(e) WHIPPING CREAM. Whipping cream is cream which contains not less than 30 percent of
milk fat.
(f) HALF AND HALF. Half and half is a product consisting of a. mixture of milk and cream
which contains not less than ll -fl percent of milk fat.
(g) SKIM MILK. Skim milk is milk from which a sufficient portion of milk fat has been
removed to reduce its milk fat percentage to less than 34 percent.
(h) FIAVORED DRINK OR FLAVORED DAIRY DRINK. Flavored drink or flavored dairy drink is
a beverage or confection consisting of skim milk to which has been added a syrup or flavor
made from wholesome ingredients.
(i) FLAVORED MILK. Flavored milk is a beverage or confection consisting of milk to
which has been added a syrup or flavor made from wholesome ingredients.
(j) BUTTERMILK. Buttermilk is the product which remains when fat is removed from milk
or cream in the process of churning. It contains not less than 84 percent of milk solids -
not -fat.
(k) CULTURED BUTTERMILK Cultured buttermilk is a fluid product resulting from the
souring or treatment, by a lactic acid or other culture, of pasteurized skim milk. It con-
tains not less than 84 percent milk solids -not -fat.
(1) VITAMIN D MILK. Vitamin D milk is milk the vitamin D concentration of which has
been increased by an approved method to at least 400 U.S.P. units per quart.
(m) FORTIFIED MILK AND MILK PRODUCTS. Fortified milk is milk, other than vitamin D
milk, the vitamin and/or mineral content of which has been increased by a method and in an
amount approved by the health officer. The label shall contain the word "Fortified" and
shall clearly show the amount and source of each vitamin and/or mineral added.
(n) HOMOGENIZED MILK. Homogenized milk is milk which has been treated in such manner
as to insure breakup of fat globules to such an extent that after 48 hours quiescent storage
no visible cream separation occurs on the milk and the fat percentage of the milk in the
top 100 ml. of milk in a quart bottle, or of proportionate volumes in containers of other
sizes, does not differ by more than 10 percent of itself from the fat percentage of the
remaining milk as determined after thorough mixing.
CONSOLIDATED-SALINA
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(o) RECONSTITUTED OR RECOMBINED MILK. Reconstituted or recombined milk is a product
resulting from the recombining of milk constituents with water, and which complies with the
standards for milk fat and solids -not -fat of milk as defined herein.
(p) GOAT MILK. Goat milk is the lacteal secretion, free from colostrum, obtained by
the complete milking of healthy goats, and shall comply with all the requirements of this
ordinance. The word "cows" shall be interpreted to include goats.
(q) COTTAGE CHEESE. Cottage cheese is the soft uncured cheese prepared from curd
obtained by adding harmless, lactic -acid -producing bacteria, with or without enzymatic
action, to pasteurized skim milk or pasteurized reconstituted skim milk. It contains not
more than 80 percent moisture.
(r) CREAMED COTTAGE CHEESE. Creamed cottage cheese is the soft uncured cheese which
is prepared by mixing cottage cheese with pasteurized cream, or with a pasteurized mixture
of cream and milk or skim milk, and which contains not less than 4 percent milk fat by
weight, and not more than 80 percent moisture.
(s) MILK PRODUCTS. Milk products shall be taken to mean and include cream, sour cream,
whipping cream, half and half, skim milk, flavored drink or flavored dairy dri4flavored
milk, buttermilk, cultured buttermilk, vitamin D milk, fortified milk and milk products,
homogenized milk, reconstituted or recombined milk, cottage cheese, creamed cottage cheese,
and any other product made by addition of any substance to milk, or to any of these milk
products, and used for similar purposes, and designated as a milk product by the health
officer.
(t) PASTEURIZATION. The terms "pasteurization", "pasteurized", and similar terms shall
be taken to refer to the process of heating every particle of milk or milk product to at
least 145' F., and holding it at such temperature continuously for at least 30 minutes, or
to at least 1611 F., and holding it at such temperature continuously for at least 15 seconds,
in approved and properly operated equipment: Provided, that nothing contained in this
definition shall be construed as barring any other process which has been demonstrated to be
equally efffcient and which is approved by the State Health authority.
(u) ADULTERATED AND MISBRANDED MILK AND MILK PRODUCTS. Any milk to which water has been
added, or any milk or milk products which contains any unwholesome substance, or which if
defined in this article does not conform with its definition, shall be deemed adulterated.
Any milk or milk product which carries a grade, label unless such grade level has been awarded
by the health officer and not revoked, or which fails to conform in any other respect with
the statements on the label, shall be deemed to be misbranded.
(v) MILK PRODUCER. A milk producer is any person who owns or controls one or more cows,
a part or all of the milk or milk products from which is sold or offered for sale
(w) MILK DISTRIBUTOR. A milk distributor is any person who offers for sale or sells to
another any milk or milk products for human consumption as such.
(x) DAIRY OR DAIRY FARM. A dairy or dairy farm is any place or premises where one or
more cows are kept, a part or all of the milk or milk products from which is sold or offered
for sale.
(y) MILK PLANT. A milk plant is any place or premises or establishment where milk or
milk products are collected, handled, processed, stored, bottled, pasteurized, or prepared
for distribution, except an establishment where milk or milk products are sold at retail only.
(z) MILK HAULER. A milk hauler is any person who transports milk or milk products from
a dairy or dairy farm to a milk plant.
(a1) HEALTH OFFICER. The term "health officer" shall mean the health authority of the
City of Salina, or his authorized representative.
(b1) PERSON. 99ae word "person'' shall mean any individual, partnership, corporation,
company, trustee, or association.
(c1) AND/OR. Where the term "and/or" is used "and" shall apply where possible, other-
wise "or" shall apply.
(d1) AVERAGE BACTERIAL, PLATE COUNT, DIRECT MICROSCOPIC COUNT, AND COOLING TEMPERATURE.
Average bacterial plate count, and average direct microscopic count shall be taken to man
the logarithmic average, and the average cooling temperature shall be taken to man the
arithmetic average, of the respective test results of the last four consecutive samples, taken
upon separate days, irrespective of the date of grading or regrading.
CON SOLID:! TED -S ALINA
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Section 2. THE SALE OF ADULTERATED.. MISBRANDED, OR UNGRADED MILK OR MILK PRODUCTS
PROHIBITED. No person shall within the city of Salina, or its police jurisdiction, produce,
sell, offer, or expose for sale, or have in possession with intent to sell, any milk 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:imgraded milk or milk products may be impounded by the
health officer and disposed of in accordance with State Law.
Section 3. PERMITS, FEES. It shall be unlawful for any person to bring into, send into,
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or receive into the City of Salina, or its police jurisdiction, for sale, or to sell, or offer!
for sale therein, or to 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 transferable with
respect to persons and/or locations.
Such a permit may be temporarily 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 business. The kind of business in which such per-
son is engaged and for which he desires such permit, the location of the dairy farm, milk
i 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
E 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 therefor 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:
(a) Each milk producer producing and selling raw milk to any milk plant, for pasteuri-
zation 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'.
(d) PERMIT FEES: PASTEURIZING PLANTS The annual pewit fee required to be paid by
persons owning or controlling a milk plant where milk or milk products are handled, produced,
stored, bottled, pasteurized or prepared for distribution, shall be $10.00 per year for the
(first vehicle and $5.00 per year for each additional vehicle used by such person in connec-
tion with the sale or distribution of such milk or milk products. "And provided further that
in addition to all other fees, as aforesaid, that the fees prescribed in the foregoing sub-
divisions "(a)" and "(d)" shall pay an additional sum each year, to partially cover the cost
of inspection, the sum of two times the mileage from the City of Salina, by the usual
traveled road, to the place of inspection times $0.20, times siz, being the anticipated mini-
mum annual inspection of each year and that all of the sums, as aforesaid, shall be considered
I as a license tax."
CON SOLIDA.TED-SAT., NA
Section 4. LABELING AND PLACARDING. All bottles, cans, packages, and other containers
enclosing milk or any milk product defined in this article shall be plainly labeled or marked
i with (1) the name of the contents as given in the difinitions in this article; (2) the grade
of the contents if said contents are graded under the provisions of the article; (3) the
wor4 "pasteurized" only if the contents have been pasteurized; (4) the name of the plant at
which the contents werepasteurized, and (5) in the case of vitamin D milk, the designation
j `Vitamin D Milk" and the source of the vitamin D. The label or mark shall be in letters
of a size, kind, and color approved by the health officer and shall contain no marks or
i words not approved by the health officer.
Every restaurant, cafe, soda fountain, or other establishment serving or selling milk
or milk products shall display at all times, in a place designated by the health officer, a
notice approved by the health officer, stating the lowest grade of milk and or milk pro-
ducts served, and no establishment or other place where milk or milk products are sold or
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served for consumption on the ump premises shall serve or deliver to any person, for consumption
as a beverage, any milk or milk products except in the original bottle or container, and
with the original cap or label thereon, showing the grade of such milk or milk products and
by whom bottled or produced which cap or label shall be removed only in the presence of the
person to whom such milk or milk products are served or delivered.
Section 5. INSPECTION OF DAIRY FARMS AND 14IIK 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, and 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 within 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 dairy farm or
milk plant, and shall furnish 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 vio-
lation of any item of sanitation, he shall make a second inspection after a lapse of such
time as he deems necessary for the defect to be remedied, but not before the lapse of three
days, and the 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 determined 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 product 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 estab-
lished grade of such milk or milk product until the same 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, in 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
I grade last duly determined, established and certified by the health officer as in this article:
i 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
j the health officer. Another copy of the inspection report and certificate shall be filed with
I 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 pro-
ducer or distributor has been changed or the milk or milk products of such producer or distri-
butor has been regraded as provided for in this article, and 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 Builli.ng in
which the office of the health officer is maintained.
44 Section 6. THE EXAMINATION OF MILK AND MILK PRODUCTS. During each grading period at
I least four samples of milk and/or milk products from each dairy farm and each milk Aland
I shall be taken on separate days and examined by the health officer. Samples of milk and/or
milk products from stores, cafes, soda fountains, restaurants and other places where milk or
milk products are sold shall be examined as often as the health officer may require.
Bacterial place counts shall be made in conformity with the latest standard methods recommended
by the American Public Health Association. Examinations may include such other chemical and
physical determinations as the health officer may deem necessary for the detection of adult-
eration, these examinations to be made in accordance with the latest standard methods of the
American Public Health Association, and the Association of Official Agricultural Chemists.
CONSOLIDATED-SALINA
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. Bacterial late counts and cooling temperature results shall be given to the
P g � g producer, or
distributor concerned as soon as determined. Samples may be taken by the health officer at
any time prior to the final delivery of the milk or milk products. All proprietors of stores,'
cafes restaurants, soda fountains, and other similar places shall furnish the health officer,
upon his request, with the name of the distributor from whom their migk and/or milk products
are obtained. Bioassays of the vitamin D content of vitamin D milk shall be made when required
by the health officer in a laboratory approved by him for such examinations.
Whenever the average bacterial count, or the average cooling temperature falls beyond
the limit for the grade then held, the health officer shall send written notice thereof to
the person concerned and shall take an additional sample, but not before the lapse of 3 days,
for determining a new average, in accordance with Section 1 (d').
Violation of the grade requirement by the new average or by any subsequent average
during the remainder of the current 6 -months period shall call for immediate degrading or
suspension of the permit, unless the last individual result is within the grade limit.
In case of violation of the phosphatase test requirement, the cause of underpasteuri-
zation shall be determined and removed before milk or milk products from this plant can again
be sold as pasteurized milk or milk products.
Whenever more than one of the last four consecutive coliform counts of samples taken
on separate days are beyond the limit for the grade then held, the health officer shall send
written notice thereof to the person concerned. He shall then take an additional sample,
but not before the 1ppse of 3 days. Immediate degrading, suspension of permit, and/or court
action shall be called for when the grade limit is violated by such additional samples, or
when the grade limit is again violated during the remainder of the current 6 -month period by
more than one of the last four consecutive samples, unless the last individual result is
within the grade limit.
Section 7. THE GRADING OF MILK AND MILK PRODUCTS. At least once every 6 months, the
health officer shall announce the grades of all milk and milk products delivered by all
distributors and ultimately consumed within the City of Salina or its police jurisdiction.
. Grades shall be based on the following standards, the grading of milk products being
identical with the grading of milk, except that the bacterial count standards shall be
doubled in the case of cream and half and half, and shall be omitted in the case of sour cream,
buttermilk, cultured buttermilk, cottage cheese and creamed cottage cheese. The grade of a
milk products shall not be higher than that of the lowest grade of milk or milk product used
I in its preparation.
GRADE A RAW MILK FOR PASTEURIZATION. Grade A raw milk for pasteurization is raw milk
from producer dairies conforming with the following items of sanitation. The bacterial plate
count or the direct microscopic clump count of the milk, as delivered from the farm, shall
not exceed 200,000 per milliliter as determined in accordance with Section 6.
ITEM 1r. COWS, HEALTH. Except as provided hereinafter, 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 sani-
tary authority. Said tests shall be made and any reactors disposed of in accordance with
the requirements approved by the United States Department of Agriculture, Bureau of Animal
Industry, for accredited herds. A certificate signed by the veterinarian or attested to by
the health officer and filed as directed by the health officer shall be evidence of the above
test; Provided, that in modified accredited tuberculosis --free counties in which the modified
accredited area plan is applied to the dairy herds, the modified accredited area system
approved by the United States Bureau of Animal Industry shall be accepted in lieu of annual
testing.
After January 1, 1957, all milk and milk products for pasteurization shall be from herds
certified by the State Livestock Sanitary Authority as following Plan A approved by the B.A.I.
for the eradication of brucellosis. Evidence of this certification shall be filed as directed
by the health officer. All additions to the herd shall be brucellosis free. Tests and
retests shall be made, and any reactors disposed of, in accordance with the lat0st require-
ments approved by the B.A.I., U.S.D.A., in effect at the time of the adoption of this ordinance.
A certificate identifying each animal, signed by the veterinarian and the director of the
laboratory making the test, and filed as directed by the health officer, shall be evidence of
the above test.
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Cows which show a complete induration of one quarter or extensive induration in one or
Imore quarters of the udder upon physical examination, whether secreting abnormal milk or not,
!shall 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 from
the herd until re-examination shows that the milk has become normal.
CON SOLIRA TED -SAMNA
For other diseases 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 require.
ITEM 2r. DAIRY BARN FIGHTING. A dairy or milking barn shall be required, and such
sections thereof where cows are milked shall have at least three square feet of light area
for each stanchion, and when necessary shall be provided with adequate supplementary artificial
light.
ITEM 3r. DAIRY BARN, AIR SPACE AND VENTILATION. Such sections of all dairy barns
where cows are kept or milked shall have at least 400 cubic feet of air space per stanchion,
and shall be well ventilated.
ITEM 4r. DAIRY BARN, FLOORS. The floors and gutters.of such parts of all dairy barns
in which cows are milked shall be constructed of concrete or other impervious and easily
cleaned material approved by the health officer and shall be graded to drain properly, and
shall be kept clean and in good repair. No horses, pigs, fowl, calves, etc. shall be
permitted in parts of the barn used for milking.
ITEM 5r. DAIRY BARN, WALLS AND CEILINGS. The walls and ceilings of all dairy barns shall
be whitewashed once each year or painted once every two years, or oftener if necessary, or
finished in a manner approved by the health officer, and shall be kept clean and in good
repair. In case there is a second story above that part of the barn in which cows are milked,'
the ceiling shall be tight. If the feed room adjoins the milking space it shall be separated
therefrom by a dust -tight partition, provided with self-closing doors. No feed shall be staed'
in the milking portion of the barn.
ITEM 6r. COW YARD. The cow yard shall be graded and drained as well as practicable and
so kept that there are no standing pools of water nor accumulations of organic wastes.
Swine shall be kept out.
ITEM 7r. MANURE DISPOSAL. All manure shall be removed and stored or disposed of in such
manner as best to prevent the breeding of flies therein or the access of cows to piles thereof.
j ITEM 8r. MILK HOUSE OR ROOM CONSTRUCTION. (a) There shall be provided a milk house or
milk room in which the cooling, handling, and storing of milk and milk products and the
washing, bactericidal treatment, and storing of milk containers and utensils shall be done.
I The milk house or room shall be provided with a tight floor constructed of concrete or other
i impervious material, in good repair, and graded to provide proper drainage. (b) It shall
have walls and ceilings of such construction as to permit easy cleaning, and shall be well
painted and finished in an approved manner. (c) It shall be well lighted and ventilated.
(d) It shall have all openings effectively screened, including outward -opening, self-closing
doors, unless other effective means are provided to prevent the entrance of flies. (e) It
shall be used for no other purposes than those specified above except as may be approved by
! the health officer; shall not open directly into a stable or into any room used for domestic
purposes; shall have water piped into it to supply hot and cold water under pressure; shall
J be provided with adequate facilities for the heating of water for the cleaning of utensils;'
1 and shall be equipped with 2 -compartment, stationary, wash and rinse vats. The cleaning and
other operations shall be located and conducted so as to prevent any contamination of the
milk or of cleaned equipment.
ITEM 9r. MILK HOUSE OR ROOM, CLEANLINESS AND FLIES. The floors, walls, ceilings, and
eggipment of the milk house or room shall be kept clean at all times, A11 mans necessary
for the elimination of flies shall be used.
ITEM 10r. TOILET. Every dairy farm shall be provided with one or more sanitary toilets
conveniently located, and constructed, operated, and maintained in accordance with the
recommendations of the State Board of Health, so that the waste is inaccessible to flies and
does not pollute the surface soil or contaminate any water supply.
ITEM llr. WATER SUPPLY. The water supply for the milk room and dairy barn shall be
properly located, protected, constructed and operated, and shall be easily accessible, adequate,
and of a safe, sanitary quality.
ITEM 12r. UTENSILS, CONSTRUCTION. All multiuse containers, equipment or other utensils
used in the handling, storage or transportation of milk or milk products shall be made of
smooth non-absorbent material and of such construction as to be easily cleaned and shall be
in good repair. Joints and seams shall be welded or soldered flush. Woven wire cloth shall
fnot be used for straining milk. If milk is strained filter pads shall be used and not re -used.
All milk pails obtained hereafter shall be of the seamless hooded type. All single -service
containers, closures and filter pads used shall have been manufactured, packaged, transported,
and handled in a sanitary manner.
ITEM 13r. UTENSILS, CLEANING. All multi -use containers, equipment, and other utensils
fused in the handling, storage, or transportation of milk and milk products shall be thoroughly
Icleaned after each usage.
CONSOTADATED-SALINA
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ITEM 14r. UTENSILS,, BACTERICIDAL TREATMENT. All multi -use containers, equipment and
other utensils used in the handling, storage or transportation of milk or milk products shall,
before each usage, be effectively subjected to an approved bactericidal process with steam,
hot water, chemicals, or hot air.
ITEM 15r. UTENSILS, STORAGE. All containers and other utensils used in the handling,
storage, or transportation of milk or milk products shall, unless stored in bactericidal
solutions, be so stored as to drain and dry and so as not to become contaminated before being
used.
ITEM 16r. UTENSILS, HANDLING. After bactericidal treatment containers and other milk
and milk product utensils shall be handled in such a manner as to prevent contamination of
any surface with which milk or milk products come in contact.
I`.L'EM 17r. MILKING, UDDERS, AND TEATS, ABNORMAL MILK. Milking shall be done in the
milking barn stable, or parlor. The udders and teats of all milking cows shall be clean
and wiped with an approved bactericidal solution at the time of milking. Abnormal milk shall
be kept out of the milk supply and shall be so handled and disposed of as to preclude the
infection of the cows and the contamination of milk utensils.
ITEM 18r. MILKING, FLANKS. The flanks, bellies, and tails of all milking cows shall be
free from visible dirt at the time of milking. All brushing shall be completed before
milking commences.
ITEM 19r. MILKERS' HANDS. Milkers hands shall be clean, rinsed with bactericidal
solution, and dried with a clean towel immediately before milking and following any interrup-
tion in the milking operations. Wet hand milking is prohibited. Convenient facilities shall
be provided for the washing of milkers' hands.
ITEM 20r. CLEAN CLOTBING. Milkers and milk handlers shall wear clean, washable outer
garments while milking or handling milk, milk products, containers, utensils, or equipment.
ITEM 21r. MIIK STOOLS. Milk stools shall be made of metal or ohher impervious material
and shall be kept clean.
ITEM 22r. REMOVAL OF MILK. Each pail of milk shall be removed immediately to the milk
house or straining room. No milk shall be strained or poured in the dairy barn.
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ITEM 23r. COOLING- Milk for pasteurization, unless delivered to a milk plant or
receiving station within 2 hours after completion of milking, shall be cooled immediately to
501 f. or less and shall be maintained at that temperature as determined in accordance with
Section 1 (d'), until delivered.
ITEM 24r. VEHICLES. All vehicles.used for the transportation of milk or milk products
shall be so constructed and operated as to protect the milk or milk products from the sun and
from contamination. Such vehicles shall be kept clean and no substance capable of contami-
nating milk or milk products shall be transported with milk or milk products in such manner
as to permit contamination. All vehicles used for the distribution of milk or milk products
shall have the name of the distributor prominently displayed therein.
GRADE C RAW MILK FOR PASTEURIZATION. Grade C raw milk for pasteurization is raw milk
which violates any of the requirements for grade A raw milk for pasteurization.
GRADE A PASTEURIZED MIIK. Grade A pastuerized milk is grade A raw milk for pasteuriza-
tion which has been pasteurized, cooled, and placed in the final container in a milk plant
conforming with all of the following items of sanitation, which in all cases shows efficient
pasteurization as evidenced by satisfactory phosphatase tests, and which at no time after
pasteurization and until delivery has a bacterial plate count exceeding 30,000 per milliliter
or a coliform count exceeding 10 per milliliter as determined in accordance with Section 6.
Provided, that the raw milk at no time between dumping and pasteurization, shall have a
bacterial plate count or ditect microscopic climP count exceeding 400,000 per milliliter.
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The grading of pasteurized milk supply shall include the inspection of receiving and
1 and collecting stations with respect to compliance with Items 1p to 15p, inclusive, and 17p,
{ 19p, 21p, 22p, and 23p, except that the partitioning requirements of Item 5p shall not apply.
ITEM 1p. FLOORS. The floors of all rooms in which milk or milk products are handled
or stored or in which milk utensils are washed shall be constructed of concrete or other
equally impervious and easily cleaned material and shall be smooth, properly drained, provided
with trapped drains, and kept clean and in good repair.
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ITEM 2p. WALLS AND CEILINGS Walls and ceilings of rooms in which milk or milk products',
are handled or stored or in which milk utensils are washed shall have a smooth, washable,
light-colored surface, and shall be kept clean and in good repair.
ITEM 3p. DOORS AND WINDOWS. All openings into the outer air shall be effectively
screened to prevent the access of flies. Doors shall be self-closing.
ITEM 4p. LIGHTING AND VENTILATION. All rooms shall be well lighted and ventilated.
ITEM 5p. MISCELLANEOUS PROTECTION FROM CONTAMINATION. The various milk -plant operations
shall be so located and conducted as to prevent any contamination of the milk or of the
cleaned equipment. All means necessary for the elimintation of flies other insects, and
rodents shall be used. There shall be separate rooms for (a) the pasteurizing, processing
cooling, and bottling operations, and (b) the washing and bactericidal treatment of con-
tainers. Cans of raw milk shall not be unloaded directly into the pasteurizing room. Rooms
in which milk, milk products, cleaned utensils, or containers are handled or stored shall
not open directly into any stable or living quarters. The pasteurization plant and milk
containers, utensils,'and equipment shall be used for no other purposes than the processing
of milk and milk products and the operations incident thereto, except as may be approved by
the health officer.
ITEM 6p. TOILET FACILITIES. Every milk plant shall be provided with sanitary toilet
facilities which shall be approved by the health officer, and conforming with the ordinances
of the City of Salina. There shall be at least one room or vestibule not used for milk
purposes between the toilet room and any room in which milk or milk products are handled or
stored. The doors of all toilet rooms shall be self-closing. Toilet rooms shall be kept in
a clean condition, in good repair, and well ventilated. In case privies or earth closets
are permitted and used, they shall be separate from the building and shall be of a sanitary
tyge constructed and operated in conformity with the requirements of Grade A raw milk for
pasteurization.
ITEM 7p. WATER SUPP1X. The water supply shall be easily accessible, adequate, and of a
safe, sanitary quality.
ITEM 8p. HAND -WASHING FACILITIES. Convenient hand -washing 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 common towel is prohibited. No employee shall
resume work after using the toilet room without first washing his hands.
ITEM 9p. SANITARY PIPING. All piping used to conduct milk or milk products shall be
"sanitary milk piping' of a type which can be easily cleaned. Pasteurized milk and milk
products shall be conducted from one piece of equipment to another only through sanitary
milk piping.
ITEM 10p. CONSTRUCTION AND REPAIR OF CONTAINERS AND EQUIPMENT. A11 multi -use containers
and equipment with which milk or milk products come into contact shall be of smooth,
impervious, non -corrodible, non-toxic material; shall be so constructed and so located as to
be easily cleaned; and shall be kept in good repair. All single -service containers, closures,
gaskets, and other articles used shall have been manufactured, packaged, transported and
handled in a sanitary manner.
ITEM llp. DISPOSAL OF WASTES. All wastes shall be disposed of in conformity with the
requirements of the health officer.
ITEM 12p. CLEANING AND BACTERICIDAL TREATMENT OF CONTAINERS AND EQUIPMENT. All milk and
milk products containers and equipment, except single -service containers, shall be thoroughly
cleaned after each usage. All containers shall be effectively subjected to an approved
bactericidal process after each cleaning and all equipment irmediately before each usage.
When empty and before being returned to a producerby a milk plant each container shall be
thoroughly cleaned and effectively subjected to an approved bactericidal process. Such
cleaning and bactericidal process shall be done in a room or building provided for such
purpose.
ITEM 13p. STORAGE OF CONTAINERS. After bactericidal treatment all bottles, cans, and
other milk or milk products containers shall be stored in such manner as to be protected
from contamination.
ITEM 141). HANDLING OR 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 milk products shall not
be permitted to come in contact with equipment with which unpasteurized milk or milk pro-
ducts have been in contact, unless the euipment has first been thoroughly cleaned and
effectively subjected to an approved bactericidal process. No milk or milk products shall
be permitted to come in contact with equipment with which a lower grade of milk or milk pro-
ducts has been in contact, unless the equipment has first been thoroughly cleaned and
effectively subjected to an approved bactericidal process.
CoN9oLmATED-SALINA
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ITEM 15p. STORAGE OF CAPS, PARCHMENT PAPER, AND SINGLE SERVICE -CONTAINERS. Milk bottle
caps or cap stock parchment paper for milk cans, and single -service containers and gaskets
shall be purchased and stored only in sanitary tubes, wrappings, and cartons, shall be kept
therein in a clean, dry place, and at least 6 inch from the floor and shall be handled in a
sanitary manner.
ITEM 16p. PASTEURIZATION. Pasteurization shall be performed as described in Section
1 (t). The time and temperature record charts shall be dated and preserved for a period of
three months for the information of the health officer.
ITEM 17p. COOLING. All milk and milk products received for pasteurization shall
immediately be cooled in approved equipment to 50 degrees F. or less and maintained at that
temperature until pasteurized, unless they are to be pasteurized within 2 hours after receipt;;
and all pasteurized milk and milk products except those to be cultured shall be immediately
cooled in approved equipment to a temperature of 50 degrees or less and maintained thereat
until delivery, as determined in accordance with Section 6.
ISM 18p. BOTTLING. Bottling of milk and milk products shall be done at the place of
pasteurization in approved mechanical equipment.
ITEM 19p. OVERFLOW MILK. Overflow milk products shall not be sold for human consumption.
ITEM 20p. CAPPING. Capping of milk and milk products shall be done in a sanitary manner
by approved mechanical equipment. Hand capping is prohibited. The cap or cover shall pro-
tect the pouring lip to at least its largest diameter.
ITEM 21p. PERSONNEL, HEALTH. The health officer or a physician authorized by him shall
examine and take a careful morbidity history of every person connected with a pasteurization
plant, or, about to be employed, 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 discharges and
cause them to be examined in a laboratory approved by him or by state health authorities
for such examinations, and if the results justify such persons shall be barred from such
employment.
Such persons shall furnish such information, submit to such physical examinations, and
submit such laboratory specimens as the health officer may require for the purpose of
determining freedom from infection.
ITEM 22p. PERSONNEL, CLEANLINESS. All persons coming in contact with milk, milk pro-
ducts, containers or equipment shall wear clean outer garments and shall keep their hands
clean at all times while thus engaged.
ITEM 23p. VEHICLES. All vehicles used for the transportation of milk or milk products
shall be constructed and operated so as to protect their contents from the sun, from freezing,
and from contamination. All vehicles used for distribution of milk or milk products shall
have the name of the distributor prominently displayed thereon.
Milk tank cars and tank -trucks shall comply with the construction, cleaning, bactericidal'
treatment, storage, and handling requirements of Items 5p, 10p, 12p, 13p, and 14p. While
containing milk or milk products they shall be sealed and labeled in an approved manner. For
each tank shipment, a bill of lading containing all necessary information shall be prepared
in triplicate, and shall be kept on file by the shipper, the consignee, and the carrier for
a period of six months for the information of the health officer.
Milk tank -cars and tank -trucks shall not be used for purposes other than the transpor-
tation of Grade A milk for pasteurization of Grade A milk and milk products without approval
of the health officer.
GRADE C PASTEURIZED MILK. Grade C pasteurized milk is pasteurized milk which violates
any of the requirements for Grade A Pasteurized milk.
Section 8. GRADES OF MILK AND MILK PRODUCTS WHICH MAY BE SOLD. From and after the
effective date of this ordinance no milk or milk products shall be sold or kept for sale to
the final consumer or to restaurants, soda fountains, grocery stores, or similar establish-
ments except Grade A pasteurized. Provided, that when any milk distributor fails to
qualify for the above grade, the health officer is authorized to suspend his permit, and/or
to institute court action, or, in lieu thereof, to degrade his product and to permit its
sale during a temporary period not exceeding 30 days, or in emergencies such longer periods
as he may deem necessary.
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Provided, further, that ungraded cottage cheese and creamed cottage cheese may be sold
until such time as grading standards are formulated and adopted. Such ungraded cottage
cheese and creamed cheese shall show no grade .label, but may be labeled as made from grade
A pasteurized milk products; if only grade A products are used in the manufacture of said
products.
Section 9. SUPPLEMENTARY GRADING PRESCRIBED AND REGRADING AUTHORIZED. If, at any time
between the regular announcements of the grades of milk or milk products, as the result of
the findings of two consecutive inspections of any dairy or milk plant, or because the average!
bacterial plate count, the average direct microscopic count, the average coliform count, or
the average cooling temperature exceeds the limit fixed for the grade currently held by the
milk supply in question, a lower gradeshall become justified in accordance with Section 7
of this article, the health officer shall immediately lower the grade of such milk or milk
products, and shall enforce proper labeling and placarding thereof.
Any producer or distributor of milk or milk products the grade of which has been
lowered by the health officer, and who is properly labeling:his milk and/or milk products,
may at any time make application for the regrading of his product.
Upon receipt of a satisfactory application, in case the lowered grade is the result of
an excessive average bacterial plate count, coliform count, or cooling temperature, the
health officer shall take further samples of the applicant's output, at a rate of not more
than two samples per week. The health officer shall immediately regrade the milk or milk
products upward whenever the average of the last four sample results indicate the necessary
quality.
In case the lowered grade of the applicant's product is due to a violation of an item
of the specifications prescribed in Section 7, other than average bacterial plate count,
average coliform count, or cooling temperature, the said application must be accompanied by
a statement signed by the applicant to the effect that the violatttd item of the specifications
has been conformed with. Within one week of the receipt of such an application and state-
ment the health officer shall make a reinspection of the applicant's establishment, and, in
case the findings justify, shall regrade the milk or milk products upward.
In no case shall any degraded supply of milk or milk products be regraded upward until
it shall have been labeled and placarded in accordance with the lowered grade for a period of
at least five days.
Section 10. TRANSFERRING OR DIPPING MILK; DELIVERY CONTAINERS: COOLING, QUARANTINED
RESIDENCES. Except as permitted in this section, no milk producer or distributor shall
transfer milk or milk products from one container to another on the street, or in any vehicle,
or store, or in any place except a bottling or milk room especially used for that purpose.
The sale of dip milk is hereby prohibited.
Milli and milk products sold in the distributor's containers in quantities less than 1
j gallon shall be delivered in standard milk bottles or in single -service containers. It shall
f be unlawful for hotels, soda fountains, restaurants, groceries, hospitals, and similar
establishment to sell or serve any milk or milk product except in the individual original con-
tainer in which it was received from the distributor or from a bulli container equipped with
an approved dispensing device; Provided, That this requirement shall not apply to cream,
whipping cream, or half & half consumed on the premises, which may be served from the original
j bottle or from a dispenser approved for such service.
It shall be unlawful for any hotel, soda fountain, restaurant, grocery, hospital, or
similar establishment to sell or serve any milk or milk product which has not been maintained,
while in its possession, at a temperature of 50 degrees F. or less. If milk or milk pro-
ducts in non -leakproof containers are stored in water for cooling, the pouring lip of the
container shall not be submerged.
It shall be the duty of all persons to whom milk and milk products are delivered to
clean thoroughly the containers in which such milk or milk products are delivered before
returning such containers.
The delivery of milk or milk products to and the collection of milk or milk products
containers from residences in which cases of communicable disease transmissible through milk
supplies exists shall be subject to the special requirements of the health officer.
Homogenized milk or homogenized cream shall not be mixed with milk or cream which has
not been homogenized.
CONSOLIDATED -SALIVA
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Section 11. MILK AND MILK 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 Sa;ina may not be sold in the City of Salina or its police jurisdiction,
unless produced and pasteurized under grading provisions identical with those of this ordinance
and approved by the health officer. Proof satisfactory to and approved by the health officer i
that such conditions have been complied with shall be furnished by the person receiving any
such milk or milk products before the same shall be sold or distributed in the City of Salina.l
The limits of inspection shall not exceed the terminus of a 50 -mile radius around the City,
of Salina.
Section 12. FUTURE DAIRIES AND MILK PLANTS. All dairies and milk plants from which
milk or ]Wilk products are supplied to the City of Salina, which are hereafter constructed,
reconstructed, or extensively altered shall conform in their construction to the Grade A
requirements of this ordinance. Properly prepared plans for all dairies and milk plants
which are hereafter constructed, reconstructed, or extensively altered shall be submitted to
the health officer for approval before work is begun. In case of milk plants signed approval
shall be obtained from the health officer and/or the State health authority.
Section 13. NOTIFICATION OF DISEASE. No person who is affected with any disease in a
communicable form or is a carrier of such disease shall work at any dairy farm or milk plant
in any capacity which brings him in contact with the production, handling, storage, or
transportation of milk, milk products, containers, or equipment, and no dairy farm or milk
plant shall employ in any such capacity any such person or any person suspected of being
affected with any disease in a communicable form or of being a carrier of such disease. Any
producer or distributor of milk or milk products upon whose dairy farm or in whose milk plant
any communicable disease occurs, or who suspects that any employee has contracted any disease
in a communicable form or has become a carrier of such disease shall notify the health
officer immediately.
Section 14. PROCEDURE WHEN INFECTION SUSPECTED. When suspicion arises as to the
possibility of transmission of infection from any person concerned with the handling of milk
or milk products the health officer is authorized to require any or all of the following
measures: (1) the immediate exclusion of that person from milk handling, (2) the immediate
exclusion of the milk supply concerned from distribution and use, (3) adequate medical and
bacteriological examination of the person, of his associates, and his and their bodily
discharge.
Section 15. ENFORCEMENT, INTERPRETATION. This article and the various terms used herein
shall be enforced and interpreted in accordance with the interpretations thereof contained in
the latest current edition of the U.S. Public Health Service Milk Code as published from time
to time and any amendments, revision, or editions thereof.
Section 16. PENALTY. Any person who shall violate any of the provisions of this
article or who shall fail, refuse or neglect to comply with any of such provisions or with any
of the lawful orders or regulations made by the health officer of said city pursuant to this
ordinance shall be deemed guilty of a misdemeanor and shall be fined not more than $100.00,
or be imprisoned for not more than thirty days or shall be punished by both such fine and
imprisonment, for each offense, provided that each and every violation of any provision of
this article and each day upon which any such violation shall occur or continue shall be
deemed a separate offense.
Section 17. REPEAL AND DATE OF EFFECT. All ordinances and parts of ordinances in conflict
with this ordinance are hereby repealed; and this ordinance shall be in full force and effect
immediately upon its adoption and its publication, as provided by law.
Section 18. UNCONSTITUTIONALITY CLAUSE. Should any section, paragraph, sentence, clause,
or phrase of ordinance be declared unconstitutional or invalid for any reason, the
remainder of said ordinance shall not be affected thereby.
Section 19. REPEAL. Article 3, Sections 11-301 through 11-316 Revised Ordinances of
the City of Salina, Kansas, 1948, is hereby repealed.
Section 20. EFFECTIVE DATE. This ordinance shall be in force and take effect upon its
adoption and publication in the official city paper.
SEAL
Attest J
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City Clerk
Introduced: August 7, 1956
Passed: August 14, 1956
,J f
Mayor