4709 Milk Products444
ORDINANCE N0. 4709
(PUBLISHED in the Salina Journal 1936)
AN ORDINANCE defining "Milk" and certain"Milk Products", "Milk Producer",
"Pasteurization", and certain other terms used in this ordinance,
prohibiting the -sale of adulterated and misbranded milk and milk
products, requiring permits for the sale of milk and milk pro-
ducts, regulating the inspection of dairy farms and milk plants,
the examination, grading, labeling, placarding, pasteurization,
\� Q regrading, distribution, and sale of milk and milk products,
providing for the . publishing of milk grades., the construction
of future dairies and. milk plants, the creation of a Milk
Inspection Department, and the appointment of a Milk Inspector,
his deputies and assistants, the enforcement of this ordinance,
and the fixing of penalties and repealing certain ordinances
and parts of ordinances of the City of Salina.
BE IT ORDAINED by the Board of Commissioners of the City of Salina,
Kansas, as follows:
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Section 1. DEFINITIONS.
Me following definitions shall apply in the interpretation and
the enforcement of this ordinance:
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(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 practically
colostrum free; which contains- not less than eight. and one-half per
cent of milk solids -not -fat, and not less than three and one-fourth
per cent 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
eighteen per cent milk fat, and the acidity of which is not more than
0.20 per cent, expressed as lactic acid. Whipping cream shall con-
tain not less than 30 per cent milk fat.
(D) SKIMS MILK. Skimmed milk is milk from which a sufficient portion
of milk fat has been removed to reduce its milk fat percentage to less
than three and one-fourth per cent.
(E) MILK OR SKIEZED-MILK BEVERAGE. A milk beverage or a skimmed -
milk beverage is a food compound or confection consisting of milk
or skimmed milk as the case may be, to which has been added a syrup
or flavor consisting of wholesome ingredients.
(F) BUTTERMILK. Buttermilk is the product which remains when fat is
removed from *ilk or cream in the process of churning. It contains
not less than eight per cent of milk solids -not -fat.
(G) CULTURED BUTTERMILK. Cultured buttermilk is the product resulting
from the souring or treatment, by a lactic acid culture, of milk or
milk products. It contains not less than eight per cent of milk
solids -not -fat, and shall be pasteurized before adding the culture.
(H) VITAMIN D MILK. Vitamin D milk is milk the vitamin D content
of which has been increased by a method and in an amount approved
by the health officer.
(I) RECONSTITUTED OR RECOMBINED MILK. Rdeonstitued or recombined
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milk is a product resulting from the recoming of milk constituents
with Water, and which complies with the standards for milk fat and
solids -not -fat of milk as defined herein.
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(J) MILK PRODUCTS. Milk products shall be taken to mean and include
cream, vitamin D milk, buttermilk, cultured buttermilk, skimmed milk,
reconstituted or recombined milk, milk beverages, and skimmed -milk
beverages.
(K) PASTEURIZATION. 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 a temperature of not less than
1420 F. and holding at such temperature for not less than 30 minutes
in pasteurization apparatus approved by the health officer, provided
that approval shall be limited to apparatus which requires a combined
holder and indicating thermometer temperature tolerance of not more
than 120 F., as shown by official tests with suitable testing equip -
went, and provided that such apparatus shall -be operated as directed
by the health officer and so that the indicating thermometers and the
recording thermometer charts both indicate a temperature of not less
than 14320 F., continuously throughout the holding period. The terms
"pasteurization", "pasteurized", and similar terms shall also include
the process of heating every particle of milk or milk products to 1600F.,
andholding at that temperature or above for not less than 15 seconds
in apparatus designed and operated in _accordance with specifications
approved by the State Health Department. Provided that nothing con-
tained in this definition shall be construed.as disbarring any other
process which has been demonstrated as of at least equal efficiency
and is approved by the State Health authority.
(L) ADULTERATED MILK AND MILK PRODUCTS. Any substance claimed to
be any milk or milk product defined in this ordinance, but not con-
forming with its definition as given in this ordinance, or which
earries a grade label unless such grade label has been awarded by
the health officer and not revoked, shall be deemed adulterated and
misbranded.
(M) 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.
(N) MILK DISTRIBUTOR. A milk distributor is any person who offers
for sale or sells to another any milk or milk products for human con-
sumption as such.
(0) DAIRY OR DAIRY FARM. A dairy or dairy farm is any place or
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premises where one or more cows are kept., a part or all of the milk
or milk products from which is sold.
(P) MILK PLAN. A milk plant is any place, pr premises, or establish-
ment where milk or milk products are collected, handled, processed,
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stored, bottled, pasteurized, or prepared for distribution*
(Q) HEALTH OFFICER. The term "health officer" shall mean the Milk
Inspector of the City of Salina, Kansas, or such other officer or
officers of the City of Salina, as may be authorized by ordinance
toerform the duties of said office as
p provided for by this ordinance, j
or his or their authorized representatives.
(R) AVERAGE BACTERIAL PLATE COUNT, REDUCTION TIME, AND COOLING
TEMPERATURE. Average bacterial plate count shall be taken
to.mean the logarithmic average of the bacterial plate counts of
the last four consecutive damples, taken upon separate days,
irrespective of periodic grade announcements. Average reduction
time shall be taken to mean the arithmetic average, of the reduction
times of the last four consecutive samples, taken upon separate days,
irrespective of periodic grade announcements. Average cooling
temperature shall be taken to mean the arithmetic average of the
temperatures of the last four consecutive samples, taken upon separate
days, irrespective of periodic grade announcements.
(S) GRADING PERIOD. The grading period shall be such period of time
as the health officer may designate within which grades shall be
dtermined for all milk.and/or milk products, provided that the grading 1
period shall in no case exceed six months.
(T) BACTERICIDE. The term "bactericide" shall be taken to mean any
bactericidal substance or process approved by the health officer.
(U) PERSON. The word "person" as used in this ordinance shall mean
"persons firm, corporation, or association%
Section 2. THE SALE OF ADULTERATED, MISBRANDED OR UNGRADED MILK OR
MILK PRODUCTS PROHIBITED.
No person shall within the City of Salina, or it police juris-
diction produce, sell, offer, or expose for sale, or have in his
possession with intent to sell, any milk or milk product which is
adulterated, misbranded or ungraded, or which contains any visible
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dirt or sediment. It shall be unlawful for any person, elsewhere
than in a private home, to have in possession any adulterated, mis-
branded, or ungraded milk or milk products, or any milk or milk product
which contains any visible dirt or sediment.
Section 3. PERMITS - FEES.
It shall be unlawful for any person to bring into or receive
In to 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, or kept for sale, any
milk or milk product defined in this ordinance, who does not
possess a permit from the health officer of the City of Salina,
andon whose vehicle and in whose place of business there does not
appear in a conspicious place the permit number of figures at
least three inches high and one and one-half inches wide, and on
any such vehicle the name of the holder of such permit of the name
under which he is engaged in business.
Before any such permit shall be issued by the health officer,
the person desiring the same shall file with the health officer an
application signed by such person, which shall state the name of
such person and the name under which he does business, the kind
of business in which such person is engaged and for which he desires
such permits 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 inform
tion as the health officer may require, and shall pay to the health
officer the fees provided for in this ordinance, which fees shall be
accounted for and turned over by the health officer to the City Clerk
and placed in the City Treasury to the credit of the bilk 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 cogs
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.
Such a permit may be revoked by the health officer upon the
violation by the holder of any of the terms of this ordinance or in
any emergency when in the judgment of the health officer the milk
or milk product in question has become a public health menace, or
whenever for any other cause in the opinion of the health officer
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the public health requires such revocation, provided that the holder
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of such permit shall, after complying with such revocation, have the
right to appeal to the Board of Commissioners of the City of Salina,
which board, after hearing the facts upon which such revocation was
based, shall either sustain the order of revocation made by the health
officer or set the same aside and reinstate such permit, and the de-
cision of the Board of Commissioners on any such appeal shall be final•
The fees which shall be required of and paid by all persons as
hereinabove provided for shall be as follows:
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Each milk producer, who produces and sells raw milk at retail
to the ultimate consumer for home consumption or to stores, restaurants,
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soda fountains, or other establishments for resale, shall pay an
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annual permit fee of $3.00 for three cows or less, owned or controlled
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by such person, a part of or all of the milk or milk products from
which are sold, and 50¢ additional for each additional cow over three
in number, provided that no additional permit fee shall be charged to
any such person for any vehicle used by him in the sale or distribution
exclusively of such raw milk or milk product.
Each milk producer producing and selling raw milk to any milk
plant, for pasteurization, shall pay an annual permit fee of $1.00
for each herd of cogs 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•
Every -person owning or controlling a milk plant, where milk or
milk pr r andled processed, stored, bottled, pasteurized or
prepared for dis on sh ll pay an annual permit fee of $25.00 per
year for each vehicle e such person in connection with the sale
or distribution of such milk or mi roduct, provided that such permit
fee of $25.00 for each such vehicle shall no ply to a milk producer
selling only raw milk produced from cows owned or con led by such
person, and who has paid the permit fees for such cows as here ve
provided for.
Every person owning or controlling a restaurant, cafe, soda
fountain, store or other establishment, serving or selling milk or
milk products shall pay an amaual permit fee of $1.00 per year*
Section 4• LABELING AND PLACARDING.
Al tales, cans, packages, and other containers enclosing
milk or any milk pr defined in this ordinance shall be plainly
labeled or marked with (1) the of the contents as given in the
definitions in this ordinance; (2) the gra of the contents if said
contents are graded under the provisions of the ord a (3) the
449
word "pasteurized" only if th contents have been pasteurized; (4)
the word "raw" only if the cont is are raw; (5) the name of the
producer if the contents are raw, d the name of the plant at which
the contents were pasteurized, if
(6) in the case of vitamin D milk,
and the source of the vitamin D. The
contents are pasteurized; and
,,designation "Vitamin D Milk"
or mark shall be in letters
of a size, kind, and color approved by t health officer and shall
contain no marks or words not approved by health officer.
Every restaurant, cafe, soda fountain or other establishment
erving or selling milk or milk products shall splay at all times,
a place designated by the health pfficer, a n ce approved by
h ealth officer, stating the lowest grade of mi and/or milk pro-
duct, `served.
Sectio • INSPECTION OF DAIRY FARMS AND MILK PLANTS THE PURPOSE
OF GRADING OR REGRADINGo 7
At ast once during each grading period the heal\\seceond
shall inspe t all dairy farms and all milk plants whose
milk products a e intended for consumption within the Ci,
or its police j sdiction. In case the health officer
the violation of item of sanitation, he shall make ainspection after a a se of such time as he deems necess
defect to be remedied ut not before the lapse of three days, and
the second inspection s 1 be used in determining the grade of
milk and/or milk products Any violation of any item of this ordinance
on two consecutive inspects n within any one grading period shall call
for immediate degrading.
One copy of the inspecti'gn\report shall be posted by the health
officer in a conspicuous place u�
dairy farm or milk plant buildings
not be removed by any person except
of the inspection report shall be f
inside gall of one of the
said inspection report shall
alth officer. Another copy
th the records of the health
department*
Section 6• THE EXAMINATION OF MILK AND MILK PRODUCTS.
During each grading period at least four samples of milk and,
or milk products from each dairy farm and each milk plant 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 and milk products are sold
shall be examined as often as the health officer may require*
Bacterial plate 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 adultera-
tion, these examinations to be made in accordance with the latest
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standard methods of the American Public Health Association and the
Association of Official Agricultural Chemists. Bacterial plate count
reductase test, and cooling temperature results shall be given to
the producer or distributor concerned as soon as determined if said
results fall without the limits prescribed for the grade then held.
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
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the distributor from whom their milk 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.
Section 7. THE GRADING OF MILK AND MILK PRODUCTS.
At least once every six months the health officer shall announce
the grades of all milk and milk products delivered by all producers
or distributors and intended for consumption within the City of Salina,
or its police jurisdiction. Said grades shall be based upon the follow-
ing standards, the grading of milk products being idential with the
grading of milk except that the bacterial standards shall be doubled
in the case of cream, and omitted in the case of buttermilk and cultured
buttermilk.
VITAMIN D MILK shall be only of Grade A or Grade B Pasteurized
Certified, or Grade A Raw quality•
CERTIFIED MILK. Certified milk is milk which conforms with the
current requirements of the American Association of Medical milk Com-
mission, and is produced wader the supervision of the Medical Milk
Commission of the Medical Society of Saline County, and of the State
Board of Health or of the City or County Health Officer of Salina, Kansas.
GRADE A RAW MILK. Grade A Raw Milk is milk the average bacterial
plate count of which, as determined under Sections l (R) and 6 of this
ordinance, does not exceed 50,000 per cubic centimeter, or the average
reduction time of which is not less than 8 hours, and which is produced
upon dairy farms conforming with all of the following items of sanitation.
ITEM Jr. COWS, TUBERCULOSIS AIM OTHER DISEASES.
A physical examination and tuberculin test of all herds and
additions thereto shall be made before any milk therefrom is sold,
and at least once every twelve months thereafter, by a licensed
veterianarian approved by the State Livestock Sanitary Commission.
Said tests shall be made and any reactors disposed of in accordance
with the current requirements approved by the U. S. Department of
Agriculture, Bureau of Animal Industry, for accredited herds•
A certificate signed by the veterinarian attested to by the
health officer, and filed with the health officer, shall be evidence
of the above test.
For diseases other than tuberculosis such tests and examinations
as the health officer may require shall be made at intervals and
by methods prescribed by him, and any diseased animals or reactors
shall be disposed of as he may required.
ITEM 2r. DAIRY BARN, LIGHTING•
A dairy or nilking 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 pro-
vided with adequate supplementary artifical 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 nec-
essary, 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 cogs 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.
ITEM 6r. DAIRY BARN, COW YARD.
All cow yards shall be graded and drained as well as practicable
and kept clean.
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•
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j IT-7*M 8r. MILK HOUSE OR ROOM, CONSTRUCTION.
There shall be provided a milk house or milk room for the
handling and storage of milk and/or milk products and the washing,
bactericidal treatment, and storage of milk apparatus and utensils.
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The milk house or room (a) shall be provided with a tight floor con-
structed of concrete or other impervious material, in good repair,
and graded to provide proper drainage; (b) shall have walls and
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ceilings of such construction as to permit easy cleaning, and shall
be well painted or finished in a manner approved by the health officer;
(c) shall be well lighted and ventilated; (d) shall have openings
effectively screened including outward -opening, self-closing doors to
prevent the entrance of flies; and (e) shall be used for no other
purposes than those specified above, shall not open directly into a
stable or into any room used for domestic purposes, shall have water
piped into it, shall be provided with adequate facilities for the
heating of water for the cleaning of utensils, shall be equipped with
stationary wash and rinse vats, which, in the case of retail raw milk,
if chlorine is employed as the principal bactericidal treatment, stall
be of the three -compartment type, and shall be partitioned to separate
the handling of milk and the storage of cleansed utensils from the
cleaning and other operations, which shall be so located and conducted
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 equipment of the milk house
or room shall be kept clean at all times. All means necessv-v7 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, constructed, and operated, and shall be easily
accessible, adequate, and of a safe, sanitary quality.
ITEM 12r. UTENSILS, CONSTRUCTION. ,
All containers or other utensils used in the handling, storage,
or transportation of milk or milk products must be made of nonabsorbent
material and of such construction as to be easily cleaned, and must be
in good repair. Joints and seams shall be soldered flush. All milk
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pails shall be of a small -mouth design approved by the health officer.
All strainers shall be equipped with sterilized single service strainer
filter pads. Milk shall not come in contact with woven wire.
ITEM 15r. UTENSILS, CLEANING.
All containers and other utensils used in the handling, storage,
or transportation of milk and milk products must be thoroughly cleaned
after each usage.
ITEM 14r, UTENSILS, BACTERICIDAL TREATMENT.
All containers and other utensils used in the handling, storage,
or transportation of milk or milk products shall between each usage
be treated with steam or chlorine, in a manner approved by the health
officer.
ITEM 15r. UTENSILS, STORAGE.
All containers and other utensils used in the handling, storage
or transportation of milk or milk products shall be stored in the
milk room so as not to become contaminated before again being used.
ITEM 16r. UTENSILS, HANDLING.
After bactericidal treatment no container or other milk or milk
product utensil shall be handled in such manner as to permit any part
of the person or clothing to come in contact with any surface with
which milk or milk products come in contact.
ITEM 17r, MILKING, UDDERS AND TEATS.
The udders and teats of all milking cows shall be washed and
cleaned at the time of milking*
ITEM 18r. MILKING, FLANKS.
The flanks, bellies, and tails of all milking cows shall be free
from visible dirt at the time of milking*
ITEM 19r. MILKERS t HANDS
Milkerst hands shall be clean, rinsed with a bactericidal solution,
and dried with a clean towel immediately before milking and following
any interruption in the milking operation. Wet hand milking As pro-
hibited. Convenient facilities shall be provided for the washing of
milkerst hands.
ITEM 20r. CLEAN CLOTHING.
Milkers and milk handlers shall wear clean, washable outer garments
while milking or handling milk, milk products, containers, utensils,
or equipments
ITEM 21r. IvMK STOOLS.
Milk stools shall be made of metal or other impervious material
and shall be kept clean, without padding and stored in the milk house.
ITEM 22r. REMOVAL OF MILK.
Each pail -of milk shall be removed immediately to the milk house
4 115 4
or straining room• No milk shall be strained in the dairy barn.
ITEM 23r, COOLING•
Milk must be cooled within one hour after- completion of milking
to 50 degrees F. or less, and maintained at that average temperature,
as defined in Section 1 (R), until delivery, unless it is delivered
to a milk plant or receiving station for pasteurization or separation,
in which case it must be delivered within two hours after completion
of milking or cooled -to 50 degrees F. or less and maintained at that
average temperature until delivered.
ITEM 24r, BOTTLING AND CAPPING.
Milk and milk products shall be bottled from a container with
a readily cleanable valve, or by means of a bottling machine approved
by the health officer. Bottles shall be capped by machine. The bottler
and capper shall be cleaned and subjected to bactericidal treatment
before each usage. Caps shall be purchased in sanitary containers and
kept therein until used.
ITEM 25r. PERSONNEL, HEALTH.
Every person connected with a retail raw dairy whose work
brings him in contact with the production, handling or storage of
milk,, milk products, containers or equipment shall furnish such in-
formation, permit such physical examinations, and submit such laboratory
specimens as the health officer may require, for the purpose of determ-
ing the freedom of such person from infection, and it shall be the duty
of the health officer to secure such information from such persons and
to require such physical examinations of such persons immediately after
the issuance of a permit to any person owning or controlling any such
dairy.
The health officer or a physician authorized by him shall in
each such case take a careful history of such person and make such
examination as he or such physician may deem necessary, and if such
history or ex€}mination suggests that such person may be a carrier of
or infected with the organizm of typhoid fever, paratyphoid fever or
any other communicable, infectious or contagious -disease, he shall
secure appropriate specimens of bodily discharges and cause them to
be examined in a laboratory approved by him or by the State Health
authorities for such examination, and if any such examination discloses
that any such person is a carrier of any such disease or is afflicted
with or suffering from any such disease,.it shall be unlawful for any
such person to continue to work or remain in or about such dairy, and
it shall be unlawful for the person owning or controlling any such dairy
to permit any such person to work or remain in or about any such dairy.
ITEM 26r, 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 contaminating milk or
milk products shall be transported with milk or milk products in
such manner as to permit contamination. All vehicles used for
distribution of milk or milk products shall have the name of the
distributor prominently displayed therein.
GRADE "B" RAW 1,ILK,
Grade B raw milk is milk the average bacterial count of which
at no time prior to delivery exceeds 200,000 per cubic centimeter,
or the average reduction time of which is not less than six hours,
and which is produced upon dairy farms, conforming with all the items
of sanitation required for grade A raw milk, except as follows: Under
item 4r, tight wooden floors and gutters shall be permitted in place
of concrete; under item 5r, painting and whitewashing shall not be
required; under item 9r, the piping of water into the milk house,
the partitioning of processes, and the provisions of stationary and
three compartment wash and rinse vats shall not be required; however,
two compartment stationary wash and rinse vats shall be required;
under item 23r, the temperature requirement of retail raw milk shall
be 60 degrees F. and of milk for pasteurization and separation 70
degrees F; provided that all items or parts of items relating to
cleanliness shall be required.
GRADE C RAW MILK,
Grade C Raw Milk is milk the average bacterial plate count of
which at no time prior to delivery exceed 1,000,000 per cubic
centimeter, or the average reduction time of which is not less
than 32 hours, as determined under Sections 1 (R) and 62 and which
is produced upon dairy farms conforming with all items of sanitation
required for Grade B Raw Milk,
GRADE D RAW MILK,
Grade D Raw Milk is raw milk which does not meet the requirements
of Grade C Raw Milk, and which shall be plainly labeled "cooking only".
UNGRADED BUTTERMILK,
Ungraded Buttermilk is buttermilk produced at a dairy which complies
with items lr, Sr, 9r, 10r, llr, and 12r, which is provided with
means for boiling or steaming all utensils and bottles, and at which
cleanly methods are practiced. Ungraded Buttermilk may be sold or
distributed only by the producer thereof.
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GRADE A PASTEURIZED MILK.
Grade A Pasteurized Milk is Grade A or Grade B Raw Milk
Which has been pasteurized, cooled, and bottled in a milk plant con-
forming with all of the following items of sanitation and the average
bacterial plate count of which at no time after pasteurization and
until delivery exceed 30,000 per cubic centimeter, as determined under
Sections 1 (R) and 6.
ITEM 1p. FLOORS.
The floors of all rooms in which milk or milk products is
handled or stored 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.
ITEM 2p. WALLS AND CEILINGS.
The walls and ceilings of rooms in which milk or milk pro-
ducts are handled or stored shall have a smooth, washable, light-
colored surface and be kept clean.
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. PROTECTI:)N 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
dquuipment. All means necessary for the elimination of flies shall
be used. This requirement shall be interpreted to include separate
rooms for (a) the pasteurizing, cooling, and bottling operations;
(b) the gashing and baeteridical treatment of containers and equip-
ment. Cans of raw milk shall not be unloaded directly into the
pasteurizing room. Pasteurized milk or milk products shall not be
permitted to come in contact with equipment with which unpasteurized
milk or milk products have been in contact, unless such equipment
has first been thoroughly cleaned and subjected to bactericidal
treatment. Rooms in which milk, milk products, cleaned utensils, or
containers are handled or stored shall not open directly into any
stable or living quarters.
ITEM 6p. TOILET FACILITIES.
Every milk plant shall be provided with sanitary toilet
facilities which shall be approved by the health officer, and con-
forming 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 type constructed and operated in conformity with the
requirements of item 10r, Grade A Raw Milk.
ITEM 7p WATER SUPPLY
The water supply shall be easily accessible, adequate, and of
a safe, sanitary quality.
ITEM 8p. HANDwWASHING FACILITIES.
Convenient hand-washi,g facilities shall be provided, including
hot running water, soap, and sanitary towels of a type approved by
the health officer. The use of a common towel is prohibited.
ITEM 9p. MILK PIPING.
Only "sanitary milk piping" of a type which can be easily cleaned
with a brush shall be used.
ITEM 10p. CONSTRUCTION AND REPAIR OF EQUIPMENT.
All equipment with which milk or milk products come in contact
shall be constfucted in such manner as to be easily cleaned, and
shall be kept in good repair.
ITEM llp. DISPOSAL OF WASTES.
All wastes shall be disposed of in conformity with the require-
ments of the health officer.
ITEM 12p. CLEANING AND BACTERICIDAL TREATMENT OF CONTAINERS AND
APPARATUS.
All milk and milk products containers and apparatus shall be
thoroughly cleaned after each usage and subjected immediately before
each usage to a bactericidal treatment approved by the health officer.
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 14p, HANDLING OF CONTAINERS AND APPARATUS.
Between bactericidal treatment and usage, containers and apparatus
shall not be handled in such manner as to permit any part of the person
or clothing to come in contact with any surface with which milk or
milk products come in contact.
ITEM 15p. STORAGE OF CAPS AND PARCHMENT PAPER.
Milk bottle caps and parchment paper for milk cans shall be
458
purchased and stored in sanitary tubes and cartons, respectively,
and shall be kept therein until used.
ITEM 16p. PASTEURIZATION•
Pasteurization shall be performed as described in Section 1
i
(K) of this ordinance. The time and temperature record charts shall
be dated and preserved for a period of three months for the informa-
tion of the health offiedr. I
ITEM 17p. COOLING.
All milk received for pasteurization but not pasteurized with-
in two hours after it is received at the plant shall then be immediately
cooled in equipment approved by the health officer to a temperature of
500 F. cr less and maintained thereat until pasteurized, and all
pasteurized milk and milk products shall be immediately cooled to
an average temperature of 500 F9 or less, as defined in Section 1 (R),
and maintained thereat until delivery*
ITEM 18p BOTTLING.
Bottling of milk and milk products shall be done at the place
of pasteurization in automatic machinery approved by the health officer
in such manner as to prevent any part of any person or his clothing
from coming in contact with any surface with which milk or milk pro-
ducts come in contact.
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 by automatic
machinery approved by the health officer. Hand capping is prohibited.
ITEM 21p. PERSONNEL, HEALTH.
Every person connected with a pasteurization plant whose work
brings him in contact with the production, handling or storage of milk,
milk products, containers or equipment shall furnish such information,
permit such physical examinations, and submit such laboratory specimens
as the health officer may require, for the purpose of determining the
freedom of such person from infection, and it shall be the duty of the
health officer to secure such information from such persons and to re-
quire such physical examinations of such persons immediately after the
issuance of a permit to any person owning or controlling any such plant.
The health officer or a physician authorized by him shall in
each such case take a careful history of such person and make such
examination as he or such physician may deem necessary, and if such
history or examination suggests that such person may be a carrier of
or infected with the organizm of typhoid fever, paratyphoid fever or
any other communicable, infectious or contagious disease, he shall
secure appropriate specimens of bodily discharges and cause them
to be examined in a laboratory approved by him or by the State Health
authorities for such examination, and if any such examination dis-
closed that any such person is a carrier of any such disease or is
afflicted with or suffering from any such disease, it shall be un-
lawful for any such person to continue to work or remain in or about
such plant, and it shall be unlawful for the person owning or con-
trolling any such plant to permit any such person to work or remain
in or about any such plant.
ITEM 22p. PERSONNEL, CLEANLINESS.
All persons coming in contact with milk, milk products, 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 pro-
ducts 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 contaminating 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.
GRADE B PASTEURIZED MILK•
Grade B Pasteurized Milk is Grade C Raw Milk which has been
pasteurized, cooled, and bottled in a milk plant conforming with
all of the requirements for Grade A Pasteurized Milk, and the average
bacterial plate count of which at no time after pasteurization and
hefore delivery exceeds 50,000 per cubic centimeter, as determined
under Sections 1 (R) and 6.
GRADE C PASTEURIZED MILK•
Grade C Pasteurized Milk is pasteurized milk which does not meet
the requirements of Grade B Pasteurized Milk, and which shall be
plainly labeled "cooking only".
Section 8. STANDARDS AND SPECIFICATIONS KEPT ON FILE.
The health officer shall keep on file at all times for reference
and public inspection, a copy of the current edition of The Standard
Methods of Milk Analysis of the American Public Health Association
and the Association of Official Agricultural Chemists; and the Milk
Control Code of the United States Public Health Service.
Section
9.
SUPPLEMENTARY GRADING PRESCRIBED AND REGRADING
AUTHORIZED.
If,
at
any time between the regular announcements of the
grades
460
of milk or milk products, as the result of the findings of two con-
secutive inspections of any diary or milk plant, or b ecuase the average
bacterial plate count, the average reduction time, or the average
cooling temperature exceeds the limit fixed for the grade currently
held by the milk supply in question, a lower grade shall become justified
in accordance with Section 7 of this ordinance, the health officer shall
immediately lower the grade of such milk or milk product, 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, re-
duction time, 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
r
to a violation of an item of the specifications prescribed in Section
7, other than average bacterial plate count, reduction time, or cooling
temperature, the said application must be accompanied by a statement
signed by the applicant to the effect that the violated item of the
specifications has been conformed with. 14ithin one week of the receipt
of such an application and statement 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 of a period of at least five days.
Section 10• DIPPING MILK: DELIVERY CONTAINERS; HANDLING OF MORE THAN
ONE GRADE; DELIVERY OF MILK AT QUARANTINED RESIDENCES.
The sale of dip milk is hereby expressly prohibited. All
pasteurized milk and milk products shall be placed in their final
deliverycontainers in the plant in which they are pasteurized, and
all raw milk and milk products sold for consumption in the raw state
shall be placed in their final delivery containers at the farm at
which they are produced. Milk and milk products sold in quantities
less than one gallon shall be delivered in standard milk bottles•
It shall be unlawful for hotels, soda fountains, restaurants,
and similar establishments to sell or serve any milk except in the
original container in Which it was received from the producer or
distributor, which shall be opened by or in the presence of the
customer, provided that this requirement shall not apply to mixed
milk drinks.
If more than one grade of milk or milk products is sold by any
distributor separate receiving, pasteurizing, cooling, and bottling
equipment shall be provided for each grade and the equipment for
each grade shall be located in separate buildings or in separate
rooms of the same building.
The delivery of milk or milk products to and the collection
of milk or milk products containers from quarantined residences
shall be subject to the special requirements of the health officer.
Section 11. MILK AND MILK PRODUCTS FROM POINTS BEYOND THE LIMITS
OF INSPECTION OF`THE CITY OF SALINAS KANSAS.
Milk and milk products from points beyond the limits of inspection
of the City of Salina may not be sold in the City of Salina or its
police jurisdiction, unless produced and pasteurized under grading
provisions idential 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 or milk products
before the same shall be sold or distributed in the City of Salinas
The limits of inspection shall not exceed 25 miles from the city
limits of the City of Salina•
Section 12. SPITTING.
No person shall spit in any part of any room, vehicle, or
other place used for the sale, storage, handling, or transportation
of milk or milk products.
Section 13. NOTIFICATION OF DISEASE.
Notice shall be sent to the health officer immediately by any
producer or distributor of milk or milk products upon whose diary
farm or in whose milk plant any case of sickness or any infectious,
contagious, or communicable disease occurs.
Section 14. REPASTEURIZATION PROHIBITED.
No milk or milk products shall be pasteurized more than once,
except as may be specially permitted by the health officer.
Section 15. FUTURE DAIRIES AND MILK PLANTS.
All dairies and milk plants from which milk or milk products
are supplied to the City of Salina which are heraafter constructed
shall conform in their construction to the requirements of the health
Section 19. MILK INSPECTION DEPARTMENT - MILK INSPECTOR
That there shall be and there is hereby created a department
of the City Government of the City of Salina, which shall be known as
the Milk Inspection Department* That there shall be and there is hereby
created the office of milk inspector of the City of Salina, who shall
be the head of such department, who shall be charged with the enforce-
ment of this ordinance, together with such assistants and deputies of
said milk inspector, as the City Manager of the City of Salina shall
hereafter deem necessary for the proper enforcement of this ordinance.
The salary of the milk inspector and such assistants or deputies of said
milk inspector as may be hereafter appointed shall be such as may be fixed
from time to tir,�e by ordinance. The milk inspector and his assistants
or deputies shall perform the duties of the health officer as provided
for in this ordinance and such other duties as may be fixed by ordinance
or as may ?:e directed by the City Manager.
officer, which shall not be less than the Grade A requirements of
this ordinance.
Section 16. 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
i
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 of his and their bodily
discharges.
5
Section 17. ENFORCEMENT INTERPRETATION•
This ordinance shall be enforced in accordane e
interpretations thereof cont e 934 edition of the U. S.
Pu ervice Milk Code,
18. PENALTY
Section
Any person who shall violate any of the provisions of this
ordinance 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
ordinance and each day upon which any such violation shall occur
or continue shall be deemed a separate offense.
Section 19. MILK INSPECTION DEPARTMENT - MILK INSPECTOR
That there shall be and there is hereby created a department
of the City Government of the City of Salina, which shall be known as
the Milk Inspection Department* That there shall be and there is hereby
created the office of milk inspector of the City of Salina, who shall
be the head of such department, who shall be charged with the enforce-
ment of this ordinance, together with such assistants and deputies of
said milk inspector, as the City Manager of the City of Salina shall
hereafter deem necessary for the proper enforcement of this ordinance.
The salary of the milk inspector and such assistants or deputies of said
milk inspector as may be hereafter appointed shall be such as may be fixed
from time to tir,�e by ordinance. The milk inspector and his assistants
or deputies shall perform the duties of the health officer as provided
for in this ordinance and such other duties as may be fixed by ordinance
or as may ?:e directed by the City Manager.
463
Section 20. REPEAL - DATE OF EFFECT.
That ordinances numbered 3082 and 3219 of the City of Salina
i
and all other ordinances and parts of ordinances of said city in
conflict with the provisions of this ordinance are hereby repealed
I
and this ordinance shall take effect and be in full force on
January lst, 1937 and after, its publication once in the official
city paper.
Section 21. UNCONSTITUTIONALITY CLAUSE.
Should any section* paragraph, sentence, clause or phrase of
this ordinance be declared unconstitutional or invalid for any reason,
the remainder of said ordinance shall not be affected thereby.
Introduceds December 14, 1936
Passed, December 21, 1936
F. Co Peters
(SEAL) Mayor
Attest:
Chas. E. Banker
City er
STATEOF KANSAS )
) SS
COUNTY OF SALINE )
I. Chas. E. Banker, City Clerk of the City of Salina, Kansas,
do hereby certify that the above and foregoing is a true and correct
copy of Ordinance No* 4709 passed and approved by the Board of Com-
missioners of the City of Salina December 21, 1936; and a record of
the vote on its final adoption is found on page Journal No. 14,
rL
City Clerk