HomeMy WebLinkAbout~Master - Milk Ordinance, Repealing Ordinance 674, 730 i
TEMPORARY ORD. NO. 16 Permanent Ord. No.
AN ORDINANCE DEFINING "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, THE EXAMINATION, GRADING, LABELING,
PASTEURIZATION, RE-GRADING, DISTRIBUTION, AND SALE OF MILK AND
MILK PRODUCTS, PROVIDING FOR THE PUBLISHING OF MILK GRADES,
THE CONSTRUCTION OF FUTURE DAIRIES AND MILK PLANTS, THE EN-
FORCEMENT OF THIS ORDINANCE, THE FIXING OF PENALTIES, AND
REPEALING ORDINANCE NUMBERS 674 AND 730 AND ALL AMENDMENTS
THERETO.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF AMES,IOWA:
DEFINITIONS
i Section 1. Definitions. The following definitions shall apply in the interpre-
tation and the enforcement of this ordinance:
Section 1. 1. Milk. Milk is hereby defined to be the lacteal secretion, practicall
free from colostrum, obtained by the complete milking of one or more healthy,
cows, which contains not less than 8 percent of milk solids not fat and not less I
than 3 1/4 per cent of milk fat.
Section 1. 2. Goat Milk. Goat milk is the lacteal secretion, practically free
from colostrum, obtained by the complete milking of healthy goats. The word
"cows" shall be interpreted to include goats.
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Section 1. 3. Milk fat or butter fat. Milk fat or butter fat is the fat of milk.
Section 1. 4. Cream. Cream is a portion of milk which contains not less than
18 percent milk fat.
Section 1. 5. Sour Cream. Sour cream is cream the acidity of which is more than
0. 20 percent, expressed as lactic acid. f
Section 1.6. Whipping Cream. Whipping cream is cream which contains not
I less than 30 percent milk fat I!� Section 1. 7. Half and Half. Half-and-half is a product consisting r g of a mixture
of milk and cream which contains not less than 11. 5 percent of milk fat.
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� Section 1. 8. Skimmed Milk. Skimmed milk is milk from which a sufficient
portion of milk fat has been removed to reduce its milk-fat percentage to less i
than 3 1/4 percent.
Section 1. 9. Milk or Skimmed-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.
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Section 1. 10. Reconstituted milk or skimmed-milk beverage. A reconstituted
milk or skimmed-milk beverage is a milk or skimmed-milk beverage made
from a manufactured milk product or skimmed-milk product, as the case may
be, such as dried, evaporated, condensed, reconstituted milk or skimmed milk.
These are not subject to grading, unless made from graded products, but are
subject to the plant requirements.
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I) SEction 1. 11 . Buttermilk. Buttermilk is a product resulting from the churn-
ing of milk or cream, or from the souring or treatment by a lactic acid or
other culture of milk or skimmed milk. It contains not less than 8 percent of
milk solids not fat.
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is a
Section 1. 12. Reconstituted buttermilk by Reconstituted
lactic acid or offproduct
resulting from the souring or treatment
dried, evaporated, condensed, or reconstituted milk or skimmed milk. it con-
tains not less than 8 percent of milk solids not fat. This is not subject to grading,
unless made from graded products, but is subject to the plant requirements.
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Section 1. 13. Vitamin D Milk. Vitamin D hod to at least 400 U
l milk
l S Pc units of
which has been increased by an approved e
per quart.
or recombined
Section 1. 14_ Reconstituted or recombined milk. of milk sonsttuents with water,
milk i s a pr oduct resulting from therecombining
and which complies with the standards for milk fat and solids not fat of milk as
defined herein.
ed or RecombineReconstituted or o
Section 1. 15. Reconstitut of dried cream, butter, obined
cream is a product resulting from the combination
butter fat with cream, milk, skimmed milk or water.
Section 1. 16. Homogenized milk. Ho=nogenizedmilk s milk which has been
globules to such an extent
treated in such manner as to insure break-up o t fat
that after 48 hours' quiescent storage no visible cream separation occurs on
the milk and the fat percentage of the top other size
p 100 o doe not differ f squartmilk in a by more than
proportionate volumes in containers o
10 percent of itself from the fat percentage of the remaining milk as determixed
after thorough mixing.
Section 1. 17. Milk products. Milk products shall be taken to mean and include
cream, homogenized milk, goat milk, vitamin D milk, buttermilk, skimmed
milk, reconstituted or recombined milk and cream,
milk beverages,
skimmed
II milk beverages, and any other product made by the addition of any substance to
I milk or any of these products and used for similar purposes and designated as
a milk product by the health officer.
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Section 1. 1& Pasteurization. The terms "pasteurization", "pasteurized" and
ticle
I lar terms shall be taken to refer to the process
and holding continuously r
at such
of milk or milk products to at least 1430F. , g
temperature for at least 30 minutes, or to at least 1610F. , and holding at such
I' temperature continuously for at least 15 seconds, in approved and properly
operated equipment: Provided, that nothing contained in this definition shall
ny otherb process which has been the state health authority.demo.tz
be construed as disbarring a
strated to be
I; equally efficient and is approved y
iSection 1. 19. Adulterated and misbranded milk and milk products. Any milk to
which water has been added, or any milk or milk product which contains any
Any mi
or
ated
unwholesome substance,y rude label unless suchall be deemed rgrade label has been alwarded
product which carries s a g
or which to conform in any other
by the health officer and not
on the oke label, shall bells deemed tobe mist anded.
respect with the statement
Section 1. 20. 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.
$ection1. 21. 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.
SectiOA . 22 . Dairy or dairy farm. A dairy or dairy farm i
1 s 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.
Section 1. 23. Milk Plant. A milk plant is any place or premises or establish-
ment where 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.
Section 1. 24. The term "' health officer" shall mean the city sanitarian, or his
authorized representative.
Section 1. 25. Average bacterial plate count, direct microscopic count, reduction
time, cooling temperature, and coliform count. Average bacterial plate count
and average direct migroscopi.c count shall be taken to mean the logarithmic
average, and average reduction time and average cooling temperature shall be
taken to mean the arithmetic average, of the respective results of the last four
consecutive samples, taken upon separate days (irrespective of the date of
grading or regrading).
Section 1. 26. Person. The word "person" shall mean any individual, partnership,
corporation, company, trustee, or association.
Section 1. 27. And/or. Where the term"and/or" is used, "and" shall apply
where possible, otherwise "or" shall apply.
SALE OF ADULTERATED, MISBRANDED OR
UNGRADED MILK OR MILK PRODUCTS
Section 2. Sale or possession of Unlawful Milk Products. Ne person shall within
the municipality of Ames, Iowa 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 uriawful 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 or milk products may be authorized by
the health officer, in which case they shall be labeled "ungraded".
Adulterated, misbranded, and/or improperly labeled ungraded milk or
milk products may be impounded by the health officer and disposed of in
accordance vo.th the laws of the State of Iowa.
PERMITS
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' Section 3. Permits Required. It shall be unlawful for any person to bring into,
send into, or receive into the municipality of Ames, Iowa, or its police juris-
diction, 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, Iowa.
Section 3. 1. Permits required of. Every milk producer, milk hauler, milk
distributor, and operator of a milk plant shall secure a permit covering each
of his respective activities. Only 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.
Section 3. 2. Suspension or Revocation of Permit. Such a permit may be
temporarily 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.
Section 3. 3. Inspection Fees. Each milk producer within the city of Arne s and
each milk producer outside the city of Ames furnishing milk or milk products
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to milk distributors or plants located within the city of Ames shall pay to the city
of Ames an inspection fee of one cent ($. 01) for each hundred weight of fluid milk
sold by such producer for ultimate use or resale as fluid milk.
Each milk distributor and each milk plant located within the city of Armes
shall pay to the city of Ames an inspection fee of one cent ($. 01) for each hundred
weight of fluid milk collected, handled, processed, stored, bottled, pasteurized
or prepared for distribution as fluid milk.
Each milk distributor and each milk plant located outside the city of Ames
and selling or delivering within the city of Ames, fluid milk, fluid cream, or other
milk products as defined in this ordinance which have been inspected by another health
authority approved by the health officer of the city of Ames shall pay a distributor's
nspection fee of one cent ($. 01) and shall collect from its producers, account for, ;
nd pay to the city of Ames a producer's inspection fee of one cent($. 01) for each
undred weight of fluid milk delivered into or within the city of Ames.
(� No milk distributor or milk plant located outside the city of Ames and sellin
or delivering within the city of Ames, fluid milk, fluid cream, or other milk a
products as defined by this ordinance, which have not beeninspected by another
health authority approved by the health officer of the city of Ames, shale sell or
deliver such milk, cream or milk products in the city of Ames without prior
inspection and approval by the health officer or his agents. Each such distributor or
plant shall pay to the city of Ames a distributor's inspection fee of one cent ($. 01)
�4nd shall collect from its producers, account for, and pay to the city of Ames a
producer's inspection fee of one cent ($. 01) for each hundred weight of fluid milk
collected, handled, stored, bottled, pasteurized or prepared for distribution by
such distributor or plant as fluid milk.
Each person perforrrnng any or all of the operations of both a milk producer
and a milk distributor, or of both a milk producer and a milk plant, shay pay to
he city of Ames an inspection fee of two cents ($. 02) for each hundred weight of
uid milk produced and distributed by such person or produced and processed in
he milk plant of such person. The inspection fee imposed under this paragraph
hall be in lieu of other inspection fees imposed by this sectinn only with respect
o fluid milk produced and distributed or processed by one owner.
Fees required by this section shall be paid to the city clerk of the city of
Ames, not later than fifteen (15) days after the end of the month for which they are
4ue. Each payment shall be aclpompanied by a report in form approvedby the
health officer of the city of Ames, signed by the milk producer, milk distributor,
or milk plant operator, or a duly designated agent, certifying the amount of milk
}Zpon which the payment is due.
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Milk distributors or milk plants receiving and processing milk from pro-
ducers not a£filib,ted with a marketing agency authorized to collect, account for,
nd pay to the city of Ames producers' inspection fees shall themselves collect,
i�ccount for and pay such inspection fees for the milk received from such
�roducers. Milk distributors or milk plants receiving and processing milk from
producers affiliated with a marketing agency which is authorized to and does
collect, account for, and pay to the city of Amesproducers' inspection fees for
�ts members as scheduled by this chapter on milk received by such milk dis-
iributors and plants are exempted from the provisions of this section requiring
(them to collect, account for, and pay such producers' inspection fees on milk
eceived from producers thus affiliated.
ection 4. Labeling. All bottles, cans, packages, and other containers enclosing
ilk or any dairy product defined in Section 1 of this ordinance shall be plainly
abeled or marked with (1) the name of the contents as given in the definitions
n this ordinance; (2) the grade of the contents, in the case of milk and all milk
roducts listed in Section 1. 17; (3) the word "pasteurized" only if the contents
'have been pasteurized; (4) the word "raw" only if the contents are raw; (5) the
phrase "for pasteurization" if the contents are to be pasteurized; (6) the name
f the producer if the contents are raw, and the identity of the plant at which
he contents were pasteurized if the contents are pasteurized; (7) the word
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"reconstituted" or "recombined" if the contents are reconstituted or recombined;
and in the case of vitamin D milk the designation "vitamin D milk", and the number
of units per quart: +�
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Section 4. 1. Raw Milk for Pasteurization. Only the identity of the producer
shall be required on cans delivered to a milk plant which received only raw milk
for pasteurization of one grade only and which immediately dumps, washes, and
returns the cans to the producer.
Section 4. 2. Detail of Label. 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 which are misleading.
Section 5. Health OffiSer to Inspect. Prior to the issuance of a permit and at
least once- every 6 months thereafter, the health officer shall inspect all dairy
farms and all;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 violationaf 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 before the lapse of 3 days, and the second inspection shall be
used in determining compliance with the grade requirements of this ordinance.
Any violation lof the same requirement of this ordinance on such re-inspection
shall call for ;immediate degrading, suspension of permit and/or court action.
Section 5. 1. Inspection Rep,brts. One copy of the inspection report shall be
jposted by the 1�h.ealth officer in a conspicuous place upon an inside wall of one
of the dairy farm or milk plant buildings, and said inspection report shall not
be defaced or removed by any person except the health officer. Another copy of
the inspection report shall be filed with the records of the health department.
Section 5. 2. 'Access to Plants for Inspection. Every milk producer, processor,
and distributor shall, upon the request of the health officer, permit him access
to all part of the establishment, and every processor and distributor shall furnish
the health 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. j
EXAMINATION OF MILK & MILK PRODUCTS
Section 6. Samples to be Taken. During each 6-months period at least four
samples of milk and cream from each dairy farm and each milk plant shall be
taken on sepai-ate days and examined by the health officer. Samples of other milk
products maybe taken and examined by the health officer as often as he deems
necessary. Samples may be taken by the health officer at any t}me prior to the
!final delivery; of the milk or milk products. Samples of milk and mills 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. All proprietors of such places shall furnish the health officer, upon
his request, with the names of all distributors from whom their milk and milk
prroducts are obtained.
Section 6. 1. Methods of Testing. Bacterial plate counts, direct microscopic
counts, reduction tests, coliform determinations, phosphatase tests, and other
laboratory tests shall conform to the procedures in the 1953 edition of "Standard
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.
Section 6. 2. Tests for Vitamin D. 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.
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Section 6.3. Failure of Tests to Meet Grade Requirements. Whenever the average
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bacterial count, the average reduction time, the average cooling temperature,
or the average coliform 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 additional sample, but not before the lapse of 3 days, for determin-'
ing a new average in accordance with section 1. 25. Violation of the grade
requirements by the new average or by any subsequent average during the
il remainder of the current six month's period shall call for immediate degrading,
isuspension of the permit and/or court action, unless the last individual result
t is within the grade limit.
Section 6. 4„ Failure to Meet Phos hatase i p Test. In case of violation of the
I, phosphatase test requirement, the cause of under-pasteurization shall be deter-
mined and removed before milk or milk products from this plant can again be
it sold as pasteurized milk or milk products.
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GRADING OF MILK AND MILK PRODUCTS
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Section 7. Report on Milk Grades, At least once every six months the health
officer shall file a report with the city council showing the grades of all milk and
milk products delivered by all distributors and ultimately consumed vAthin the
I� municipality of Ames, Iowa, or its police jurisdiction.
Section 8. Grades of Milk. Milk grades shall be based on the following standards,
the grading of milk products being identical with the grading of milk, exccept that
the bacterial count standards shall be doubled in the case of cream and omitted
in the case of sour cream and buttermilk. Vitamin D milk shall be only of
grade A or grade B pasteurized, certified pasteurized, or certified raw quality.
The grade of a milk product shall be that of the lowest grade milk or milk
product used in its preparation.
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Section 8. 1. Certified Milk -• Raw. Certified milk-raw is raw milk which conforms
with the requirements of the American Association of Medical Milk Commission
in force in 1954 and is produced under the supervision of a medical milk
commission reportiWonthly to the health officer and of the state health authority
or of the municipal health officer of Ames, Iowva..
Section 8. 2. Grade A Raw Milk. Grade A raw mill: for pasteurization is raw
Imilk produced upon dairy farms conforming with all of the following items of
� sanitation and the bacterial plate count or the direct microscopic clump count of
which, as delivered from the farm, does not exceed 200, 000 per milliliter, or
the methylene blue reduction time of whichis not less than 5 1/2 hours, or the
resazurin -reduction time of which to P 7/4 is not less than 3 hours, as determine
in accordance with Section 6 hereof.
Section 8. 201. Cows Health. Except as provided hereinafter, a tuberculin test
of all herds and additions thereto shall be made before any milli therefrom is
sold, and at least once every 12 months thereafter, by a .licensed veterinarian
I approved by the state livestock sanitary authority. Said test shall be made and
any reactors disposed of in accordance with the requirements effective July 1,
1954, 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 area plan i
is applied to the dairy herds, the modified accredited area system approved by f
the United States Bureau of Animal Industry effective July 1, 1954, shall be
accepted in lieu of annual testing, in case the milk is to be pasteurized.
All mill: and milk products shall be from herds following one of the following
plans for control of Brucellosis:
�! (a) Test annually of all cattle more than eight months of age except steers
and official calfhood vaccinates until thirty-six months of age. Slaughter all
reactors. Official calfhood vaccination to be optional with the herd owner.
(b) Owner shall maintain a certif
ied Ban s negative I
g herd.
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Cows which show a complete induration of one quarteror extensive induration
in one or more 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 quarter that is completely dry.
Cows giving bloody, stingy, 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.
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.
Section S. 202. Milling stable, lighting. A milking barn or stable shall be
provided with adequate light, properly distributed, for day or night milking.
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Section S. 203. Milking Stable, Air Space and Ventilation. Such sections of the
milking barn or stable where cows are kept or milked shall be well ventilated
and shall be so arranged as to avoid overcrowding.
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Section 8. 204. Milking Stable, Floors, Animals. The floors and gutters of that
portion of the barn or stable in which cows are milked shall be constructed of
concrete or other approved impervious and easily cleaned material: Provided,
that existing floors of tight wood may be accepted. Floors and gutters shall be
graded to drain properly and shall be kept clean and in good repair. No swine
or fowl shall be permitted in the milking stable. If horses, dry cows, calves, or
bulls are stabled therein, they shall be confined in stalls, stanchions, or pens,
whichshall be kept clean and in good repair.
Section 8. 205. Milking Stable, Walls and Ceilings. The interior walls and the
ceilings of the milking barn or stable shall be smooth, shall be whitewashed or
painted as often as may be necessary, or finishedin an approved manner, and
shall be kept clean and in good repair. In case there is a second story above the
milking barn or stable the ceiling shall be tight. If feed is ground or mixed or
sweet feed is stored in a feed room or feed storage space adjoining the milking
space, it shall be separated therefrom by a dust-tight partition and door. No
feed shall be stored in the milking portion of the barn.
Section 8. 206. 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 accumul -
tions of organic wastes. Swine shall be kept out.
Section 8. 207. Manure Disposal. All manure shall be removed and stored or
disposed of in such manner as best to prevent the breeding of flies therein and the
access of cows to piles thereof. In loafing or pen type stables manure dropping
shall be removed or clean bedding added at sufficiently frequent intervals to
prevent the accumulation of manure on cows' udders and flanks and the breeding
of flies.
Section 8. 208. Milk house or Room, Construction and E-uipment. (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. The milk house or room
shall be provided with a tight floor constructed of concrete or other 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 or 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 be provided with adequate facilities for the heating of water for
the cleaning of utensils; shall be equipped with two-compartment stationary was
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and rinse vats.
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Section 8. 209. Milk House or doom, Cleanliness and Flies. The floors, walls,
ceilings, and equipment of the mill, house or room shall be kept clean at all
times. All means necessary for the elimination of flies shall be used.
Section 8. 210. Toilet. Every dairy farm shall be provided with one or more
sanitary toilets conveniently located and properly constructed, operated,
maintained so that the waste is inaccessible to flies and does not pollute the
surface soil or contaminate any water supply.
Section 8. 211. Water Supply. Water for all dairy purposes shall be from a
hall be Basil accessible,)
supply properly located, protected, and operated, ands y
adequate, and of a safe sanitary quality.
Section S. 212. Utensils, Construction. All multi-use containers, equipment, o
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 sl}all be
welded or soldered flush. Woven wire cloth shall not be used for straining milk.
If milk is strained, filter pads shall be used
hooded type. et'lll single1servic�
milk
pails obtained hereafter shall be of the seamless
I containers, closures, and filter pads used shall have been manufactured, packaged,
transported, and handled in a sanitary manner.
Section 8. 213. Utensils, Cleaning. All multi-use containers, equipment, and
other utensils used in the handling, storage, or transportation of milk and milk
products shall be thoroughly cleaned after each usage.
Section 8. 214. Utensils, Bactericidal Treatment. All multi--use containers,
equipment, and other utensils used in the handling, storage, or transportation o
milk or milk products shall, before each usage, be effectively subjected to an
approved bactericidal process with steam, hot water, chemicals, or hot air.
Section 8. 215. 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.
Section 8. 216. Utensils, Handling. After bactericidal treatment containers and
other milk and milk products utensils shall be handled in such a manner as to
prevent contamination of any surface with which milk or milk products come in
c ontact.
I Section 8. 217. Milking, Udders and Teats, Abnormal Milk. Milking shall be
done in the milking barn or stable. The udders and teats of all milking cows
shall be kept 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.
Section 8. 218. 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.
Section 8. 219. Milkers' Hands. Milkers' hands shall be washed clean, rinsed
with an effective bactericidal solution, and dried with a clean towel immediately
Ibefore milking and following any interruption in the milking operation. Wet-hand
' g milkin i s prohibited.
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Section 8. 220. Clean Clothing. Milkers and milk handlers shall wear clean
i' outer garments while milking or handling milk, milk products, containers,
utensils, or equipment.
Section 8. 221. Milk Stools. Milk stools and surcingles shall be kept clean.
Section 8. 222. Removal of Milk. Each pail or can of milk shall be removed
No milk
immediately to the milk house or straining room• contaminations or
poured in the barn unless it is protected from. flies and other
ion of
Section 8. 223. Cooling. Milk shall be cooled d at that immediately after
until delivered and
milking to 50 F. or less and maintaine
dumped, except morning's milk delivered anddu requirement p sha before ll be subject to
time, and milk which does not comply with
rejection.
Section 8. 224. Vehicles and Surroundings. �Ul vehicles used for the transporta-
heir
tion of milk or milk products shall be ca
nstru
contents from the sun, from freezing, d from contamination.cted and aAll vehicles s to protect Luse
for the distribution of milk and milk products shall have the distributor's name
prominently displayed.
The immediate surroundings of the dairy shall be kept clean and free of
he alth nui s anc e s.
Section 8. 3. Grade B Raw Milk. Grade B raw milk for pasteurization is raw
milk which violates the bacterial standard for Grade A raw milk for pasteuri-
zation but conforms with all other requirements, and the bacterial plate count
or the direct microscopic clump count of which, as delivered from the farm, doe
not exceed 1, 000, 000 per milliliter or the methylene blue reduction time of
which is not less than 4 hours, or the resazurin reduction time of which to P 7/4
is not less than 2 1/4 hours, as determined in accordance with section 6.
� Section 8. 4. Grade C Raw Milk. Grade C raw milk for pasteurization is raw^
milk which violates any of the requirements for grade B raw milk for pasteuri
zation.
Section 8. 5. Certified Milk - Pasteurized. Certified milk-pasteurized is
certified raw milk which has been pasteurized, cooled, and bottled in a milk
plant conforming with the requirements for grade A pasteurized milk.
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Section 8. 6. Grade A Pasteurized Milk. Grade A pa steurized milk is grade A
raw milk for pasteurization which has been pasteurized, cooled and placed in
` the final container in a milk plant conforming with all of the following items of
1 sanitation which in all cases shows efficient pasteurization as evidenced by sat-
isfactory phosphatase tests, and which at no time after pasteurization and until
delivery has a bacterial plate count exceeding 30, 000 per milliliter or a colifor
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count exceeding 10 per milliliter as determined in accordancewith Section 6.
Provided, that the raw milk, at no time between dumping and pasteurization, ha
a bacterial plate count or direct microscopic clump count exceeding 400, 000 per ml.
or a methylene blue reduction time of less than 4 3/4 hours, or a r,e sazurin
reduction time of less than 2 3/4 hours, as determined in accordance with
section 6: Providing further, that the bacterial plate count of the raw cream
does not exceed 400, 000 per ml. at the place of separation nor 800, 000 per ml.
at any time prior to pasteurization.
The grading of a pasteurized milk supply shall include the inspection of
receiving and collecting stations with respect to compliance with sections
8. 601
to S. 615 inclusive and sections 8. 617, 8. 619, 8. 622 and 8. 623 except that the
partitioning requirement of section 8. 605 shall not apply.
Section 8. 601. Floors . The floors of all rooms in which milk or milk product
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 C-Aean and
in good repair.
Section 8. 602. 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-cDDlored surface, and shall be kept clean
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and in good repair.
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Section 8. 603. Doors a d Windows. Unless other effective means are provided
to prevent the access of lies, all openings to the outer air shall be effectively
screened and all doors s all be self-closing.
Section 8. 604. Lighting and Ventilation. All rooms shall be well lighted and
ventilated.
Section 8. 605. Miscella eous protection from contamination. The various milk
plant operations shall b so located and conducted as to prevent any contamination
of the milk or of cleaned. equipment. All means necessary for the elimination of
dies, other insects and odents, shall be used. There shall be separate rooms
for (a) the pasteurizing processing, cooling and bottling operations, and (b)
the washing and bacteri idal treatment of containers. 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 no
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open directly into any s able or living quarters. The pasteurization plant, mi
containers utensils, ar d equipment shall be used for no other purposes than the
processing of milk and ilk products and the operations incident thereto, except
I�I as may be approved by the health officer.
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Section 8. 606. Toilet Facilities. Every milk plant shall be provided with toilet
facilities conforming with the ordinances of the municipality of Ames, Iowa.
Toilet rooms shall not open directly into any room in which milk, milk products,
equipment, or containe s 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. A placard containing Section 19 and a sign directing)
I� employees to wash their hands before returning to work shall be posted in all
toilet rooms used by employees. 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 Section
8. 210, grade A raw milk.
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iSection 8. 607. Water upply. The water supply shall be easily accessible,
�i adequate, and of a safe sanitary quality.
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fI Section 8. 608. Hand-washing Facilities. Convenient hand-washing facilities
shall be provided, incl ding hot and cold running water, soap and approved
sanitary towels. Hand washing facilities shall be kept glean. The use of a
�Icommon towel is prohibited. No employee shall resume work after using the
toilet room without first washing his hands.
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it Section 8. 609. Sanitary Piping. All piping used to conduct milk or milk produc s
lIIi shall be "sanitary mil piping" of a type which can be easily cleaned with a
I brush. Pasteurized m lk and milk products shall be conducted from one piece
of equipment to another only through sanitary milk piping.
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J Section 8. 610. Construction and Repair of Containers and Equipment. All
iI t multi-use containers and equipment with which milk or milk products come in
i1 contact shall be so constructed and located as to be easily cleane.dand shall be
It kept in good repair. 2,11 single-service containers, closures, and gaskets used
shall have been manufactured, packaged, transported and handled in a sanitary
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manner.
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Section 8. 611. Plumb ng and disposal of wastes. All wastes shall be properly
disposed of. All plum ing and equipment shall be so designed and installed as
I' to prevent contasiinati n of the water supply and of milk equipment by backflow.
Section 8. 612. Cleaning and Bactericidal Treatment of Containers and E: uipmen-
AR 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
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and all equipment immediately before each usage. When em ty and before being
returned to a producer y a milk plant each container shall/loroughly cleaned
and effectively subjected to an approved bactericidal process.
Section 8. 613. Storage f Containers and E:iuipment. After bactericidal treat-
went, all bottles, cans and other multi-use milk or milk products containers
and equipment shall be tored in such manner as to be protected from contamination.
Section 8. 614. Handlin of 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. I
Pasteurized milk or mi k products shall not be permitted to come in contact with
equipment with which unpasteurized milk or milk products have been in contact,
unless the equipment has first been thoroughly cleaned and effectively subjected I
to an approved bacteric-idal process. No milk or milk products shall be pernitted
to come in contact with equipment with which a lower grade of milk or milk
products has been in c-piLtact, unless the equipment has first been thoroughly cleansed
and effectively subjectel to an approved bactericidal process.
Section 8. 615. Storage of Caps, Parchment Paper, and Single-service Containers.
Milk bottle caps or cap stock, parchment paper for milk cans, and single-servicoI
containers and gaskets shall be purchased and stored only in sanitary tubes,
wrappings, and cartons shall be kept therein in a clean, dry place until used, 1
and shall be handled in a sanitary manner.
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Section 8. 616. Pasteurization. Pasteurization shall be performed as described
in Section 1. 18 of this ordinance.
Section 8. 617. Cooling. All milk and milk products received for pasteurization
shall immediately be cooled inapproved equipment to 500 F. or less and
maintained at that tem erature until pasteurized,, unless they areto be pasteurized
within two hours after recoipt ; and all pasteurized milk and milk products i
except those to be cultured shall be immediately gooled in approved equipment
to a temperature of 50D F. or less and maintained thereat until delivery, as
determined in accordance with Section 6.
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II Section 8. 618. Bottling. Bottling of milk and milk products shall be done at the
place of pasteurization in approved mechanical equipment.
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Section 8. 61g. overfl w Milk. Overflow milk or milk products shall not be sold
it for human consumption.
Section 8. 620. Capping. Capping of milk and milk products shall be done in
a sanitary manner by approved mechanical equipment. Hand c'appi.ng is prohibited.
4 The cap or cover shall protect the pouring lip to at least its largest diameter.
Section 8. 621. Per so nel, Health. The health officer or a physician authorized
iby him shall examine and take a careful morbidity history of every person
connected with a pasteurization plant, or about to be employed, whose work
jbrings him in contact Nvith the processing, handling, storage, or transportation
�I of milk, milk product , containers, or equipment. If such examination or
history suggest that such person may be a carrier of or infected with organisms i
fof typhoid or paratyphoid fever or any other communicable disease likely to
i' be transmitted through milk, the health officer shall secure appropriate speci-
mens 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.
a + 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.
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i� Section 8. 622. personnel, Cleanliness. All persons coming in contact �th
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milk, milk products, containers, or equipment shall wear clean garments
and shall keep their hands clean at all times while thus engaged.
Section 8. 623. Vehicles. All vehicles used for the transportation of milk or
milk products shall be so constructed and operated as to protect their contents
from the sun, from freezing, and from contamination. All vehicles used for I
the distribution of milk or milk products shall have t -ie name of the distributor
prominently displayed.
Milk tank cars and tank trucks shall comply with construction, cleaning,
bactericidal treatment, storage, and handling requirements of Sections 8. 609,
S. 610, 8. 612, 8. 613, and 8. 614. While containing milk or cream they shall
be sealed and labeled in an approved manner. For each tank shipment from a '
collectixig station 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 j
six months for the information of the health offic-er.
the carrier for a period of
Section 8. 624. Distribution. No regular retail distribution shall be made during
the hours of 9:00 P.m. to 5:00 a.m. Emergency and special delivery may be I!
made during these hours as occasion demands: Provided, that if any regular
delivery is to be made during these hours, a special permit in writing must be
obtained from the health officer. 6
Section 8. 7. Grade B Pasteurized Milk. Grade B pasteurized milk is pasteurized
milk which violates the bacterial or the coliform standard for grade A pasteurized
milk and/or the provision of lip-cover caps of Section 8. 620 and/or requirement
that grade A raw milk for pasteurization be used, but which conforms with all
other requirements for grade A pasteurized milk, has been made from raw milk
for pasteurization of not less than grade B quality, and has a bacterial plate
I` count after pasteurization and before delivery not exceeding 50, 000 per ;millilite
as determined in accordance with Section 6: Provided, that the raw milk, at no
it time between dumping and pasteurization, has a bacterial plate count or a f
II direct microscopic clump count exceeding 1, 500, 000 per ml. or a methylene
blue reduction time of less tl).an 3 1/2 hours, or a resazurin reduction time of
Ii less than two hours, as determined in accordance with Section 6: Provided
jfurther, that, the bacterial plate count of the raw cream does not exceed
2, 000, 000 per ml. at any time prior to pasteurization.
ij Section 8. 8. Grade C Pasteurized Milk. Grade C pasteurized milk is
' pasteurized milk which violates any of the requirements for grade B pasteurized ,
milk.
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Section 9. Grades of Milk and Milk Products W1�ich May be Sold. From the
�I date on which this ordinance takes effect no milk or milk products shall be sold
j� to the final consumer or to restaurants, soda fountains, grocery stores, or
�isimilar establishments except A and certified pasteurized grades: Provided,
that when any milk distributor fails to qualify for one of the above grades the
I health officer is authorized to suspend his permit and/or institute court action, !
�I or in lieu thereof to degrade his product and permit its sale during temporary
period not exceeding 30 days or in emergencies such longer periods as he may
deem necessary.
Section 10. Reinstatement of Permit; Supplementary Regrading. If, at any tim
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�i between the regular announcements of the grades of milk or milk products, a
lower grade shall become justified, in accordance with Sections 5, 6, 7 and 8
II of this ordinance, the health officer shall immediately lower the grade of sughh
�I milk or milk products, and shall enforce proper labeling thereof.
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Section 10. 01. Application for Regrading. 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 milk products, or whose permit has
been suspended may at any time make application for the regrading of his
products or the reinstatement of his permit.
I! Section 10. 02. Regrading by Health Officer. Upon receipt of a satisfactory
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application, in case the lowered grade or the permit suspension was the result
of violation of the bacteriological or cooling temperature standards, 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 regrade the milk or milk i
products upward or reinstate the permit on compliance with grade requirements
as determined in accordance with the provisions of section 6.
Section 10. 03. Additional Inspections Before Regrading. In case the lowered
grade of the applicant's product orthe permit suspension was due to a violation of
an item other than bacteriological standards 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.
Within one week of the receipt of such an application and statement, the health
officer shall make a reLaspection of the applicant's establishment and thereafter
as many additional reinspections as he may deem necessary to assure himself
that the applicant is again complying with the higher-grade requirements, and,
in case the findings justify, shall regrade the milk or milk products upward or
reinstate the permit.
Section 11. Transferring or Dipping Milk. 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.
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Section 12. Delivery and Sale of Milk in Original Containers. Milk and milk I
products sold in the distributor's containers in quantities less than one gallon
shall be delivered in standard milk bottles or in single-service containers.
It shall be unlawful for hotels, soda fountains, restaurants, groceries,
hospitals, and similar establishments to sell or serve any milk or milk product
except in the individual original container in which it was received from the
distributor or from a bulk container equipped with an approved dispensing device;;
Provided, that this requirement shall not apply to cream consumed on the '
premises, which maybe served from the original bottle or from a dispenser
approved for such service. r
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Suction 13. Cooling and Storage of Milk or Milk Products. It shall be unlawful
for any hotel, soda fountain, restaurant,, grocery, hospital, or similar I
establishment to sell or serve any milk or milk product which has not been a
_maintained, while in its possession, at a temperature of 500 F. or less. If
milk or milk products in non-leakproof containers are stored in water fqr
cooling, the pouring lip of the containers shall not be submerged.
Section 14. Returned Containers to be Cleaned. It shall be the duty of all persons
to whom milk or milk products are delivered to clean thoroughly the containers
in which such milk or milk products are delivered before returning such
c ontainer s.
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Section 15. Delivery to {.quarantined Residences. 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 .
Section 16. Prohibited Conditions of Mixing. 4omogenized milk or homogenizedf
cream shall not be mixed with milk or cream ich has not been homogenized.
Section 17. Milk and Milk Products from Poi is Beyond the Limits of Routine
Inspection of the city of Ames, Iowa. Pasteurized milk and cream, for sale
as fluid milk or milk products, from points beyond the limits of routine
inspection of the municipality of Ames, Iowa, ay not be sold in the municipality;
of Ames, Iowa, or its police jurisdiction, unle s produced and/or pasteurized
under grading provisions which are equivalent o the requirements of this
ordinance and which are being effectively enfo ed. The health officer of the
city of Ames, Iowa, shall make necessary inspections to assure himself that the
above requirements are being complied with.
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Section 18. Future Dairies and Milk Plants. All dairies and milk plants from
which milk or milk pro ucts are supplied to the municipality of Ames, Iowa, which
are hereafter construct d, reconstructed, or extensively altered shall conform
in their construction to the grade A requirements of this ordinance. Properly
prepared plans for all airies and milk plants which are hereafter constructed,
reconstructed, or exte sively altered shall be submitted to the health officer for
approval before work i begun. In the case of milk plants signed approval shall i
be obtained from the health officer and/or the state health authority.
Section 19. 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
contacted any disease in a communicable form or has become a carrier of such
disease, shall notify the health officer immediately.
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Section 20. Procedure When Infection Suspected. When suspicion arises as to
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j the possibility of transmission of infection from any person concerned with the
handling of milk or milk products, the health officer is authorzied 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
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examination of the person, of his associates, and of his and their body discharges.
Section 21. Enforcement Interpretation. This ordinance shall be enforced by
the health officer in accordance with the inlerpretationsthereof contained in the
�I1953 edition of the United States Public Health Service Milk Code, a certified copy
of which shall be on file in the city cler- ' s office.
Section 22. Penalty. Any person violating any provisions of this ordinance shall
upon conviction be fined a sum not exceeding one-hundred dollars ($100. 00), and
in default of payment thereof may be committed to the city or county jail for a
term of not exceeding thirty (30) days.
f1 Section 23. Ordinance No. 674, 730 and all other ordinances or parts of ordinances
I` in conflict with the provisions of this ordinance are hereby repealed.
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Section 24. 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.
Section 25. This ordinance shall be in full force and effect from and after its
ipassage and publication as provided by law.
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li Passed this 4th day of January, 1955.
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P. Lawlor, Mayor
W. Prather, City Clerk J.
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Moved by Bolton and seconded by Bliss that Temporary Ord. No. 16 be passed
on its first reading.
Voting Aye: Griffith, Judge, Smith, De Hart, Bolton and Bliss
Voting Nay: None
Absent: None
Moved by Bolton and seconded by Judge that the rules goveming the passage of
ordinances be suspended, the second and third readings omitted and Temporary
Ord. No. 16 be placed on its final passage.
Voting Ay.: Griffith, Judge, Smith, De Hart, Bolton and Bliss
Voting Nay: None
A.b sent: None
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Moved by Smith and seconded by Judge that Temporary Ord. No. 16 do now pass.
Voting Aye: Griffith, Judge, Smith, De Hart, Bolton and Bliss
Voting Nay: None
Ab sent: None
Mayor Lawlor declared Temporary Ord. No. 16 duly adopted.
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II I, J. W. Prather, City Clerk of the City of Ames, Iowa, do hereby certify
that Ordinance No. 771 was duly and properly a4ted by the CityCouncil at
a meeting on January 4, 1955 and published by codifying on the .. r day of ("'e'rx
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J. W. Prather, CityClerk
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