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HomeMy WebLinkAbout~Master - Amending Ordinance 674 (Regulating Milk) ORDINANCE NO. 730 E DEFINING N ORDINANCE AMENDING ORDINANCE No. ATING THEDSAIA,E CI 5PECTION ANDK ND CERTAIN MILK PRODUCTS AND REG UL ,HECITY OF AMES: BY AMENDING ISTRIBUTION OF MILK WITHIN T BRA SECTION NDED OR UNGRADED MILK PRODUCTS THE SALE OF ADULTERATED, MISB PROHIBITED, SECTION 3, PERMITS, SECTION 5, INSPECTION OF DAIRY FARMS AND MILK PLANTS, SECTION 6, THE EXAMINATION OF MILK AND MILK RO-DUCTS, SECTION 11, MILK AND MILK PRODUCTS FROM POINTS BEYOND HE !�IMITS OF INSPECTION OF THE CITY OFAMES, IOWA, AND BY REPEALING SECTION 15, ENFORCEMENT INTERP TION BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF AMES, IOWA: ity Section 1. That Section a is hereby specifically allyance No.repealed674 ofand the folClowinOg shall of the City of Ames, I°`�`� Section 2 of Ordinance No. 674: hereinafter be known as "Section 2. THE SALE OF PRODUCTS PROHIBITED.MISBRANDED,No OR UNGRADED MILK O I, wa, or its person shall within the municipality of Ames, police jurisdiction, produce, sell, offer or expose for sale, or have in possession with intent to any hall milk or milk unlawful duct wh ch is adulterated, misbranded, orungraded. for any person, elsewhere than ina private home, to have in possession any adulterated, misbranded, or ungraded milk or milk product; Provided, that in an emergency the sale of ungraded milk nroducts may be authorized by the which milk pcase they shall be labeled "ungraded." health officer, Adulterated, misbranded, and/or improperly labeled milk or milk products may be impounded by the health officer and disposed of in accordance with the laws of the State of I---wa•" Section 2. That Section 3 of Ordinance No. 674 of the City Ordinances of the City of Ames, Iowa is hereby specifically repealed and the following shall hereinafter be known as Section 3 of Ordinance No. 674: "Section 3. PERMITS. It shall be unlawful for any person to bring into, send into, or receive into the municipality of Ames, Iowa, 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 products defined in this ordinance, who does not possess a written permit from the health officer of the municipality of Ames, lc-;wa. Every milk producer, milk hauler, milk distributor and operator of a milk plant shall secure a separate permit covering each of his respective activities. C^nly a person who complies with the requirements of this ordinance 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 temporar ly suspended by the health officer upon violation by the holder of any of the terms of this ordinance, or for interference with the health officer in the performance of his duties, or revoked after an opportunity for a hearing by the health officer upon serious or repeated violations." 74 of e City Section 3. That Section °S 5 of ecifO specince No.fically repealed the following O shallc j s of the City of Ames, Iowa is hereby P hereinafter be known as Section 5 of Ordinance No. 674: Y i "Section 5. INSPECTION OF DAIRY FARMS AND MILK PLANTS. Prior to the issuance of a permit and at least once every 6 months thereafter, the health officer shall inspect all diary farms and milk plants whose milk or milk products are intended for consumption within the municipality of .Ames, Iowa, or its police jurisdiction. In case the health officer discovers the violation of any requirement, he shall make a second inspection after a lapse of such time as he deems necessary for the defect to be remedied, but not beforethe lapse of 3 days, and the second inspection shall be used in determining compliance with the grade requirements of this ordinance. Any violation of the same requirement of this ordinance on such re-inspection shall call for immediate degrading, suspension of permit and/or court action. One copy of the inspection report shall be posted by the health officer in a conspicuous place upon an inside wall of one of the dairy farm or milk plant bul dings, and said inspection report shall not be defaced or remo ed by any person except the health officer. Another copy of the inspection report shall be filed with the records of the City health department. Every milk producer, processor and distributor shall, upon the request of the health officer , permit him access to al_ parts of the establishment, and every processor and every distributor shall furnish the hea th officer, upon his request, for official use only, a true statement of the actual quantities of milk and milk products of each grade purchased and sold, together with a list of all sources, records of inspections and tests, and recording thermometer charts." Section 4. That Section 6 of Ordinance No. 674 of the City Ordinance of the City of Ames, Iowa is hereby specifically repealed and the following shall hereinafter be known as Section 6 of Ordinance No. 674: "Section 6. THE EXAMINATION OF MILK AND MILK PRODUCTS. During each 6-monthts per od at least four samples of milk and cream from each dairy farm and each milk plant shall be taken on separate days and examined by the health officer. 9a e-s wry . Samples of other milk products may be taken and examined by the health officer as often as he deems necessary. Samples may be taken by the health officer at any time prior to the final delivery of the milk or milk products. Samples of milk and milk products from stores, cafes, soda fountains, res- taurants, and other places where milk or milk products are sold shall be examined as often as the hea th officer may require. All proprietors of such places shall furnish the health officer, upon his request, with the names of all distributors from whom the'_r milk and milk products are obtained. Bacterial platejcounts, direct microscopic counts, reduction tests, coliform determinations, phosphatase tests, and other laboratory tests shall colform to the procedures in the current edition of tStandard Methods for the Examination of Dairy Products' 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 adulteration. Bio-assays 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, the average reduction time, the average coding temperature, or the average coliform I count 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 additirnal sample, but not before the lapse of 3 days, for determining a new average in accordance with Section 1 (S). Violation of the grade requirements by the new average or by any subsequent average during the remainder of the current' 6-month's period shall call for immediate degrading, suspension of the permit and/or court action, unless the last individual result is w thin the grade limit. In case of violation of the phosphatase test requirement, the cause of underpasteurization shall be determined and removed before milk or milk products from-this plant can again be sold as pasteurized milk or milk produces." Section 5. That Section 11 of Ordinance No. 674 of the City Ordinances of the City of Ames, Iowa is hereby specifically repealed and the following shall hereinafter be known as Section 11 of Ordinance No. 674.: "Section 11. MILK AND MILK PRODUCTS FROM POITIlVTS BEYOND THE LIMITS OF ROUTINE INSPECTION OF THE CITY OF AMES, IOWA. JPasteurized Milk and Cream, for e sale as fluid milk or milk products, from points beyond the May not, be old in the limits of routine inspection of the municipality of Ames,Iowa�ty.Aici s lity or its police jurisdiction, unless produced and/or pasteurized Iowa under grading provisions which are equivalent to the require- ments of this ordinance and which are being effectively enforced. Th- health officer of the City of ,Eames, Iowa, shall make necessary inspections to assure himself that above requirements are being complied with. The cost of such inspections shall be borne by the person applying for permit." Section 6. That Section 15 of Ordinance No. 674 is hereby specifically repealed. !,Ordinances� Section 7. These amendments to Ordnance No. 674 of the City !,Ordinances of the City of Ames, Iowa shall be in full force and effect from and f dafter their passage and publication as provided by law. Passed this 17th day of February, 1953. J. b . Prather, City Clerk. L. LAlan, '!-a yor (Moved by Moore and seconded by Smith that Ordinance No. 730 be passed on its first reading. 1 Voting Aye: Bauge, Smith, De Hart, Iverson a-nd Moore Voting Nay: None Absent: Griffith Moved by Smith and seconded by Bauge thatthe rules governing the passage of ordinance be suspended, the second and third readings omitted and Ordinance No. 73) be placed on its final passage. Voting Aye: Bauge, Smith, De Hart, Iverson and Moore Voting Nay: None Absent: Griffith Moved by Bauge and seconded by Smith that Ordinance N . 730 do now pass. Voting Aye: Bauge, Smith, De Hart, Iverson and Moore Voting Nay: None Absent: Griffith Whereupon Mayor Allan declared Ordinance No. 730 duly passed. I, J. K. Prather, City Clerk of the City of Ames, Iowa, do hereby certify that the above and foreging Ordinance No. 730 was duly and properly passed at a meeting of the City Council on the 17th day of February, 1953 and published in the A.nes Daily Tribune on the 20th day of February, 1953. J. W. Prather, City Clerk