4956 Milk ProductsORDT`I" C ; NO. 4956 q 11�� (c1�0
Ribl i shad in the 7001r of nav, sPrl Carr'; p t' C ' of n
AIT ORDINANCE anending, Section 4, Section 5 and Section 17 of Grr'tinance
No. 4709 bei.nm an ordinance defining and relating to Proc:luction,
grading and sale of milk and milk products, and repealing said
original sections. -'
I3 : !T ORDAI U by the Board of Corz_7issioners of the Li ter of Sal'_na,
Kansas: `
erection 1. that ,ect'_on 4 of Ordinance No. 4079 be anc. the same is !
hereby amended to read, as follows:
'rSecti_on 4. Labeling and Placard -in,-,. All bottles, cans, packages,
and other containers enclosing milk or any milk product defined in this
ordinance shall be plainly labeled or marked with (1) the narle of the
contents as ,-riven in the definitions in this ordinance; (2) the grade
of the contents if said contents are `,.raded under the provisions of
the ordinance (3) the word "pasteurized? only if the contents have
been pasteurized; (4) the word "raw" only if t'_ -le contents are raw;
(5) the name of the producer if the contents are raw, and the name of
the plant at which tn.e contents were pasteurized, if the contents are
pasteurized; and (6) in the cage of vitamin D milli, the desiTnation
''Vitamin D Ili.lk" and the source of the vita-zin D. The label or mark I
shall be in letters of a size, kind, and color approved .r-.- the health
off; cer and shall contain no mar?>s or words not ay�nroved bIT the health
nf'.f icer.
,very restaurant, cafe, soda fountai-n, or other establishment serv-
i ng or solling milk i r milk prod .zcts shall display at all times, in a
place designaLed by the health officer, a notice approved '3-r the health
officer, stating the lowest grade of milk and/or milk products served, i
and no establis,2nent or other Mace where milk or milk products are sold
or served for cons_<mpti or_ on the prem-Ises shall serve or d(,liver to an- j
)erson, for consumption as a beverage, any milk or milk l)rodu.cts except
in the orl,Jnal bottle or container, and with the original cap or label
thereon, shoti.ti in , the -rade of such milk or milk )roduct s and by who..
bottled, or pro(-b.iced, ti 1iich cap or label shall be removed only in the
presence of the ;)erson to whom such !�i lk or .mill-_ pi oclucts are served or
deli.vered.r'
Section 2. That Section 5 of Orc.i_nance 'Io. 4709 be rind the s -me is
hereby amended to read as :Follows:
`rection 5. I11s��ecti_on of D� iry l�srr_is and I:I;_lk Plants for the
I
purpose of .;radln�- and regrading: As often as the Health Officer may
dent necessar,r prior to the esta.bli.sr-unent and certification of any °rade,
and at least once thereafterinr each grading period the health i
officer shall inspect all dairy farms and all milk plants whose milk
or milk pi°oducts are intended for (-,onsuml)t-ion within the City of "Dal _ria,
i
or its poll ce jurisdiction, and as a result of such inspection or any
1
1
subservient inspection as herein provided .for, s')all c'_et,�rrline
and establish the grade of the rli.11c or ,nilk products produced or
processed on or in uny s,_ich dairy farm or _milk plant and. Intended
for consumption as a prod-.zct of s-(zch dairTr farm or mi ll plant, and
siflall furnish to the-prod,_icer or distributor of ti,zciz. rni_lk or milk_
oroducts a certificate of such `Trade, and shall announce such -rade,
or any cham,e thereof, at the times and in the manner hereinafter
provided for. In case the health officer discovers the violation
of any item of sanit-tion, lie shall make a second inspection after
a lapse of -uch time as he deems necessary for the defect to be
remedied, but not before the lapse of three days, and the second
ins=pection shall be used in determining the grade of milk and/or
nilk products. Any violation of any item of this ordinance on
two consecutive inspections vaithin one ,Trading period shall call
for. L-iriediate degrading, and 1.1-1 such event the health off__cer s.zall
establish and determine the F -rade to ti hIL.ch such Zill: or -ilk products
is entitled, and shall certify the same to the producer or d.istrib,.ztor
of such milk or milk product is entitled, and shall cert _r'y the smrie
to ttize producer or distrib,.itor of such milk or milk product as pro-
vided for in the case of the establishment and deterrlination of an
ori ;final -rade. Trade established and determined by the health
Of! icer for the milk or milk product of any dairy far -1 or i-2ilk plant,
and certified as herein provided .for, shall ren,I-in as the established
mrade of such -milk or mil;{ product until the same is chanr,ed, and such
milk or milk product is regraded by the Health Officer, as in this
ordinance provided for, and it shall be unlawful for any ,person to
sell, offer or expose for sale, or have in his )osse s:i.on with the
intent to sell, or as available for sale, in the Cit -T of Salina,
Kansas, any mi Ilc or milk- product which is labeled or branded, or
placarded, as being of any grade other titan the -;rade last duly
determined, established and certified by the Il.;alth Officer as in
this ordinance provided for.
One co,)y of t1je in.s,,pection rep --)rt and certificate of .-rade,
shall be )osted by the Ti� alth Officer in a conspic,.zolls place ui�on
an inside wall of one of the dairy farrl or milk plant bu'_:idins-;s, and
said inspect -*,-on report and certificate shallnot be removed by anir
person except the Health Officer. Another cop -r of the inspection
re -port and certificate shall be filed with the records of the Health
Department.
The announcements of grades, as hereinabove provided or.. and
as mentioned in aecti on 7 of this ordinance, small be made by the
Health Officer at least once ever - six months, and whenever, after any
regular announcement is made, the previously announced Trade of any
-orodu-cer or distributor has been changed or the m=i_lk or mi-lk )roducts
of such producer or clistri.butor has been rer*railed as providecl for in
this ordinance, and any such announcement shall be r1ade by the Health
Officer b?= Vublic notice, vrhich shall either be )uk)lished one time in
':'-,e official city paper, or )osted in a conspicuous place at the en-
trance of the City Pui.lding in which the office of the Ilealth Officer
is maintained."
Section 3. That Section 17 of Or:inance No. 4709 be and the same
is hereby ariended to read as follows:
"Section 17. Inf orcenent - 7nterpretati-on. This ordinance and
the various terms {sed herein small be enforced and interpretated in
accordance with the !-nteraret,,ti(-ns thereof contained in the latest
current edition of the t'. S. Publi_C Health Service '.!ilk Code as
published from tir-e to ti e ans any amendrients, revisions, or editions
t,are of .
Section 4. That ori_;Tinal sections 4, 5 and 17 of Ordinance i';o.
4709 be and the same are hereby revealed.
Section 5. This ordinance s gall take effect and be in force
after its pui)lication in t'.ie Boo?-, of Revised Ordinance of the City
of Salina.
Introduced, October ?, 1939
Passed, October 9, 1939
Ed r",orgenstern
1.1 ayor
J,tte st : Chas. E. Banlier
C i t 7tr
J
I, Chas. L. uaniLer, City Clark of the City of Saliria., j`iansas, do
hereby cPrtif7T that the above and fore-;oi-n" is a true and correct co ),,
of Ordinance I?o. 4956 passed and approved by the '-�o-rd of Commis- ioners j
of t1he city of Salina October 9, 1939; and a record. of the Note on its
f incl adopt ion i s f ound on page (1 Journal 110 . 1J'.
r
(Published in the Book of Revised Ordinances of the City
of Salina,
ORDINANCE NO. 4956
AN ORDINANCE amending Section 4, Section 5 and Section 17 of Ord-
inance No. 4709 being an ordinance defining and relating to
production, grading and sale of :Wilk and milk products, and
repealing said original sections.
BE IT ORDAINED by the Board of Commissioners of the City of Salina,
Kansas:
SECTION 1. That Section 4 of Ordinance No. 4079 be and the same
is hereby amended to read, as follows:
"Section 4. Labelin and Placardin . All bottles, cans,
packages, and other containers enc os ng milk or any milk
product defined in this ordinance shall be plainly labeled
or marked with (1) the name of the contents as given in
the definitions in this ordinance; (2) the grade of the
contents if said contents are graded under the provisions
of the ordinance (3) the word 1pasteurized► only if the
contents have been pasteurized; (4) the word "raw" only
if the contents are raw; (5) the name of the producer if
the contents are raw, and the name of the plant at which
the contents were pasteurized, if the contents are past-
eurized; and (6) in the case of vitamin D milk, the de-
signation "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 words not approved by the health officer.
Every restaurant, cafe, soda fountain, or other es-
tablishment 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 products served, and
no establishment or other place where milk or milk products
are sold or served for consumption on the premises shall
serve or deliver to any person, for consumption as a bev-
erage, 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 bottle 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 2. That Section 5 of Ordinance No. 4709 be and the same is
hereby amended to read as follows:
"Section 5. Inspection of Dairy Farms and Milk
Plants for the purpose o grading and re ra ng. 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 con-
sumption within the City of Salina, or its police juris-
diction, and as a result of such inspection or any subse-
quent 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
Page 2.
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 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 ordinance 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 product 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 established 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 ordinance provided
for, and it shall be unlawful for any person to sell,
offer 6r 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 grade last duly
determined, established and certified by the Health
Officer as in this ordinance 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 pro-
vided for, and as mentioned in Section 7 of this
ordinance, 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 products of such producer or
distributor has been regraded as provided for in this
ordinance, 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
City Building in which the office of the health officer
is maintained."
Section 3. That Section_ 17 of Ordinance No. 4709 be and
the same is hereby amended to read as follows:
'Section 17. Inforcement - Interpret.tion. This ordinance
and the various terms used herein shall be enforced and interpretkted
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 anendnents, revisions,
or editions thereof.
Section 4. That original Sections 4, 5 and 17 of Ordinance
No. 4709 be and the sa_-e are hereby repealed.
Section 5. This ordinance shall take effect and be in force
after its publication in the Book of Revised Ordinance of the
City of Salina.
Introduced, '-Ietober 2, 1939
Passed, Oc to c)er 9, 1939
I�Zayor
attest: �—
ityCGlerk