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Ord 3292 3/7/1978 4 ORDINANCE NO. �,�o'4 ) ICE CREAM, FROZEN DESSERTS ORDINANCE AND CODE AN ORDINANCE DEFINING "ICE CREAM," "FROZEN DESSERTS," "MIX," "PASTEURIZATION," "FROZEN DESSERTS PLANTS," "FROZEN YOGURT," "SOFT SERVE YOGURT," ETC.; PROHIBITING THE SALE OF ADULTERATED OR MISBRANDED MIX OR FROZEN DESSERTS; REGULATING THE ISSUING, SUSPENSION AND REVOCATION OF PERMITS FOR THE SALE OF MIX AND FROZEN DESSERTS, THE LABELING OF CONTAINERS, THE INSPECTION OF FROZEN DESSERTS PLANTS, ETC.; THE EXAMINATION OF FROZEN DESSERTS AND THEIR INGREDIENTS, THE INSPECTION OF RECORDS, THE TRANSFER OF FROZEN DESSERTS, THE SALE OF MIX AND FROZEN DESSERTS FROM DISTANT POINTS, THE CONSTRUCTION OF FUTURE PLANTS, THE REPORTING AND CONTROL OF COMMUNICABLE DISEASE AT PLANTS, THE ENFORCEMENT OF THIS ORDINANCE, AND THE FIXING OF PENALTIES. BE IT ORDAINED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS: SECTION 1. DEFINITIONS The following definitions shall apply in the interpretation and the enforcement of this article: (A) ICE CREAM. Ice Cream is a frozen dairy product made with sweet milk, cream, skim milk, evaporated or condensed milk, evaporated or condensed skim milk, dry milk, nonfat dry milk solids, dried buttermilk, milk fat, or sweet butter made from sweet cream, or any combination of any such products with or without sweetening, clean eggs or egg products, and with or without the use of flavoring and coloring. Except as hereinafter provided, ice cream shall contain not less than ten percent of milk fat. (1) FLAVORED ICE CREAM/FRUIT ICE CREAM. Flavored Ice cream and Fruit ice cream is ice cream containing not less than eight percent of milk fat and not less than three percent by weight of mature fruit,fruit juices or imitation fruit juices, chocolate or others. (2) CONFECTION ICE CREAM. Confection ice cream shall conform in all respects to the definition of ice cream hereinbefore set forth except that it shall contain candy or confections, and its milk fat content shall not be less than eight percent of the fat of the finished product. (3) ICE CREAM MIX. Ice cream mix is a combination of the unfrozen products used in the manufacture of ice cream. It shall comply with all the requirements of ice cream as hereinbefore set forth. (4) SOFT—SERV. Soft-Sery is the frozen combination of two or more ingredients used in the manufacture of frozen dessert, with or without fruit, fruit juices, candy, nut meats, flavors, or coloring. It shall comply with all requirements of frozen desserts hereinbefore set forth and contain not less than four percent milk fat. (B) FROZEN DESSERTS. A frozen dessert is any frozen or partially frozen combination of two or more of the following: Milk or milk products, edible oil or fat, eggs or egg products, sugar water, fruit or fruit juices, imitation fruit juices, candy, or other food products, flavors, coloring or stabilizer, and shall be deemed to include soft-sery desserts, ice milk, sherbet, novelties, ices, mellorine, and other similar products. a (1) ICE MILK. Ice milk is a frozen product containing less milk fat than ice cream and shall be made with sweet milk, cream, skim milk, evaporated or condensed milk, evaporated or condensed skim milk, dry milk, nonfat dry milk solids, powdered buttermilk, milk fat or sweet butter made from sweet cream or any combination of any such products, with or without sweetening, eggs or egg products, and with or without the use of flavoring and coloring and containing not less than two percent but not more than seven percent of milk fat. (2) SHERBET. Sherbet is a frozen product containing milk or milk products, with or without sweetening, with or without the use of flavoring and coloring, with or without milk fat. (3) NOVELTIES. Novelties, as known to the trade, shall conform in all respects to the definition of ice cream and/or frozen desserts hereinbefore set forth except that ice cream and/or frozen dessert novelties are frozen in molds or in combination with cones, and may or may not be coated with chocolate or other confections. (4) SOFT—SERV MIX. Soft—sery mix is the unfrozen combination of two or more ingredients used in the manufacture of frozen dessert, with or without fruit, fruit juices, candy, nut meats, flavors, or coloring. It shall comply with all the requirements of frozen desserts hereinbefore set forth and contain not less than four percent milk fat. (5) MIXED PRODUCTS. Liquid and/or dry mix to be frozen and dispensed within the City of Wichita Falls, Texas. (6) MELLORINE. Mellorine is a frozen or unfrozen product made from edible fat, milk solids, and sugar, with or without a natural flavoring, and contains not less than six percent of edible fat, and not less than thirty percent of all solid including fats. (7) FLAVORED MELLORINE. Flavored mellorine is a frozen or unfrozen product made from edible fat, milk, milk solids, and sugar with flavoring, and contains not less than four percent of edible fat. (8) SOFT—SERV PROCESSOR. A soft—sery processor is any person who freezes any pasteurized mix in semi-solid or solid form, for distribution or sale as a frozen dessert. (9) FROZEN DESSERT DISTRIBUTOR. A frozen dessert distributor is any person who offers for sale or sells to another any frozen dessert for human consumption in a final package. (10) MOBILE UNIT. The term mobile unit shall be taken to mean any vehicle or temporary establishment that shall travel from place to place in which a frozen desserts processor freezes and/or packages frozen dessert. (11) COMMISSARY OR DEPOT. The terms "commissary" or "depot" shall mean any place, premises or establishment in which pasteurized mix, ingredients, containers, or supplies are prepared, or stored for the servicing of one or more mobile units and where facilities are provided. (12) OFFICIAL LABORATORY. An official laboratory is a biological, chemical or physical laboratory which is under the direct supervision of the State or local health authority, which has been approved by the appropriate State laboratory agency. (13) DIABETIC OR DIETETIC ICE CREAM. Is a mixture of ice cream which has been sweetened by an approved sweetener other than sugar. —2— (14) DIABETIC OR DIETETIC ICE MILK. Is a mixture of ice milk which has been sweetened by an approved sweetener other than sugar. (15) AND/OR. Where the term "and/or" is used, "and" shall apply where possible; otherwise, "or" shall apply. (16) SALES THROUGH VENDING MACHINES. When frozed desserts are sold or dispensed through vending machines, such vending machines, including any labeling on the selector devices, shall clearly and correctly indicate the product or products vended. If more than one product is vended, the names of each product shall be in letters of the same size and style. (17) UTENSILS. Dippers, spoons, scoops, and other utensils, containers or apparatus used for the dispensing of frozen desserts must be kept clean, free from contamination, handled in a sanitary manner, washed in clean hot water containing alkaline detergent or other equivalent material, rinsed in clean water and sterilized by one of the methods prescribed in this section and if stored, the sterilization shall be performed immediately before reuse, unless stored in such a manner that contamination will not occur. Dippers, scoops, spoons or other dispensing equipment, when used intermittently for serving customers, shall be kept clean, running water between use, provided, however that such dispensing utensils may be kept in the container of frozen dessert which is being dispensed if the handle of the utensil does not touch the product and if it is cleaned and sanitized daily. Badly worn, rusted or corroded utensils, containers, or equipment shall not be used. (18) FROZEN YOGURT AND/OR SOFT SERVE YOGURT. Is either a firm bodied or semi-liquid product produced by the culturing of dairy ingredients or other supplemental fermentation culture commonly used in lactic fermentation. (a) Other frozen or unfrozen products which contain any edible oil or fat, milk solids, and sweetening, with or without a natural flavoring, which are sold or offered for sale under a trade name shall comply in all respects to be definition of frozen desserts hereinbefore set forth. (b) The labeling shall conform to all the requirements of the State of Texas and in addition shall have printed on the label in legible print the ingredients used in its manufacture. (c) No person shall use the name "creamery" or "dairy"nor the representation of a cow or any breed of dairy cattle of any combination of such words, symbols, marks, design or representation commonly used in the sale, advertising or distribution of ice cream, in connection with the sale, advertising or distribution of any frozen dessert in which any edible oil or fat other than milk fat has been used. (19) MILK AND MILK PRODUCTS. Milk and milk products used in ice cream, ice cream mix, and frozen dessert mix shall include milk, cream, frozen cream, fluid skim milk, butter, sweetened and unsweetened evaporated milk, sweetened and unsweetened evaporated skim milk, powdered whole milk, powdered skim milk, sweet cream buttermilk, sweet cream condensed buttermilk, sweet cream powdered buttermilk, or any of these products from which lactose has been wholly or partially removed. (20) PASTEURIZATION. The terms "pasteurization," "pasteurized," and similar terms shall be taken to refer to the process of heating every particle of mix to at least one hundred and fifty-five degrees Fahrenheit and holding at such temperature for at least thirty minutes in approved and properly operated equipment; provided, that nothing contained in this definition shall be construed as disbarring any other process which has been demonstrated to be equally efficient and is approved by the state health officer. (21) MANUFACTURER. The work "manufacturer" as used in this article shall mean any person who manufactures, processes, or freezes ice cream, ice cream mix, frozen desserts or frozen desserts mix, for distribution or sale. —3— a (22) PLANTS. A "plant" as used in this article is hereby defined as any place or premises where ice cream, ice cream mix, frozen desserts or frozen desserts mix are manufactured, processed or frozen for distribution of sale. (23) FOUNTAIN AND/OR COUNTER FREEZER. A fountain and/or counter freezer is a freezer which is installed and used in the processing or manufacturing of ice cream, ice cream mix, frozen dessert, or frozen dessert mix, which is held in the freezer under refrigeration until it is dispensed. (24) OTHER FREEZERS. Other types of freezers which may be used to process or manufacture ice cream, ice cream mix, frozen dessert, or frozen dessert mix, having a hard or a soft consistency, for the purposes of this article shall be considered as continuous or batch freezers. (25) FREEZER. Freezer is a piece of equipment which converts milk and/or other ingredients to a hardened or semi-hardened state using the technique of freezing during processing or manufacturing of those products commonly known as ice cream, ice cream mix, frozen desserts, and frozen dessert mix. (26) MILK PRODUCTS PLANTS. A milk products plant shall mean any place or premises where milk or milk products are skimmed, condensed, evaporated, powdered, manufactured into butter, or otherwise processed for subsequent manufacture of ice cream or frozen desserts. (27) RECEIVING STATION. A receiving station shall mean any place or premises where milk or milk products are received for subsequent delivery to milk products plant or ice cream or frozen desserts plants. (28) DAIRY FARM. A dairy farm is a place or premises where one or more cows are kept, a part or all of the milk or milk products from which are sold or offered for sale. (29) ADULTERATED OR MISBRANDED ICE CREAM, ICE CREAM MIX, FROZEN DESSERTS OR FROZEN DESSERTS MIX. Any ice cream, ice cream mix, frozen dessert or frozen dessert mix which contains any unwholesome substance, or which if defined in this article, or which if defined in the Texas food and drug laws does not conform with its definition, shall be deemed adulterated and/or misbranded. SECTION 2. SALE, MANUFACTURE, POSSESSION, ETC., OF ADULTERATED OR MISBRANDED ICE CREAM OR FROZEN DESSERTS. No person shall, within the city or its police jurisdiction, manufacture, freeze, sell, offer or expose for sale, or have in possession with intent to sell, any ice cream, ice cream mix, frozen desserts or frozen dessert mix which are adulterated or misbranded. SECTION 3. PERMITS — REQUIRED TO SELL, PRODUCE, ETC. It shall be unlawful for any person who does not possess a permit from the director of public health, to deliver directly or indirectly into or receive into the city or its police jurisdiction, for sale, or to produce, sell or offer for sale therein, or to have in storage where ice cream, ice cream mix, frozen desserts,or frozen dessert mixes are sold or served, any ice cream, ice cream mix, frozen dessert or frozen dessert mixes. SECTION 4. SAME —APPLICATION Every operator of an ice cream plant or frozen dessert plant or both, whether operated by an individual or as a firm, association partnership or corporation, shall make application in writing to the director of public health, for a permit to manufacture or distribute, or both, ice cream, ice cream mix, frozen desserts or frozen dessert mix, and operate and do business in the city. —4— SECTION 5. SAME — SUSPENSION;REVOCATION;REISSUANCE. A permit as required by this article may be suspended by the director of public health of the city or revoked after an opportunity for a hearing by such director, upon the violation by the holder of any of the terms of this ordinance. Any person whose permit has been suspended by the director of public health, may at any time make application for the reissuing of such permit. Upon receipt of a satisfactory application, in case the suspension of permit is the result of an unsatisfactory bacterial condition of cooling temperature, the director of public health shall take further samples at the rate of not more than two samples per week. The director of public health shall reissue the permit whenever the average of the last four sample results indicate the necessary compliance. SECTION 6. POSSESSING OR RECEIVING FROM MANUFACTURER WHO DOES NOT HAVE A PERMIT. It shall be unlawful for any person to receive into the city or its police jurisdiction, for sale, or to offer for sale therein, or to have in storage where ice cream, ice cream mix, frozen dessert or frozen dessert mix are sold or served without first applying for a permit from the director of public health. SECTION 7. LABELING All cans, packages, and other containers enclosing ice cream, ice cream mix, frozen dessert, frozen dessert mixes or their ingredients derived from milk, except those filled from labeled bulk containers in retail dispensing, shall be plainly labeled or marked with: (1) The name of the contents; (2) In the case of mix, the word "pasteurized" if the contents have been pasteurized and the work "raw"if the contents have not been pasteurized; (3) The name and the street address of the plant at which the contents were placed in the containers. A descriptive work or phrase indicating in more detail the composition or flavoring of the ice cream or frozen dessert, such as strawberry, chocolate, custard etc., may be used on the label. The label or mark shall be in letters of a size, kind and color approved by the director of public health. Trade names and trademarks may be permitted. Products which contain less than eight percent butter fat sold or offered for sale under a trade name in which the generic term does not appear, shall have printed on the label in legible print the ingredients used in its manufacture. The label shall contain no marks or words which are misleading. SECTION 8. INSPECTION OF MANUFACTURING PLANTS. During each six-months period four inspection of each ice cream and frozen desserts plant, the products of which are intended for consumption within the city or its police jurisdiction, shall be made by the director of public health. In case the director of public health discovers the violation of any item of sanitation, he shall make a second inspection after a lapse of such time as he deems necessary for the defect to be remedied, but not before the lapse of three days, and the second inspection shall be used in determining compliance with the requirements of this article. Any violation of the same item of this article on two consecutive inspections shall call for immediate suspension of the permit. One copy of the inspection report shall be delivered to the owner of the premises inspected, or his agent, and shall be readily available at any time for a period of twelve months. Another copy of the inspection report shall be filed with the records of the city public health department. —5— SECTION 9. EXAMINATION OF PRODUCTS AND INGREDIENTS. During each six-months period at least four samples of mix or the frozen product from each plant, or both, shall be tested by the director of public health. Samples of mix or the frozen products, or both, may be taken by the director of public health at any time prior to final delivery. Samples of ingredients may be tested as often as the director of public health may require. Samples of the frozen product from stores, cafes, soda fountains, restaurants and other places where ice cream and frozen desserts, or both, are sold, may be tested as often as the director of public health may require. Bacterial plate counts and direct microscopic 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 director of public health may deem necessary for the detection of adulteration, these examinations to be made in conformity with the latest standard methods of the American Public Health Association and the association of official agricultural chemists. All proprietors of plants, stores, cafes, restaurants, soda fountains and other similar places shall furnish the director of public health, upon his request, the names of all persons from whom their ice cream, ice cream mix, or frozen desserts or frozen desserts mix are obtained. Whenever the average bacterial plate count, the average reduction time or the average cooling temperature falls beyond the limit, the director of public health shall send written notice thereof to the person concerned, and shall take an additional sample, but not before the lapse of three days, for determining a new average. Violation of the requirements by the new average or by any subsequent average during the remainder of the current six-months period shall call for immediate suspension of the permit, unless the last individual results is within the limit. (A) BACTERIAL, COLIFORM, AND TEMPERATURE STANDARDS FOR MILK, CREAM, MILK PRODUCTS, PASTEURIZED MIX AND FROZEN DESSERTS Raw For Pasteurization Pasteurized Bacteria Temperature Bacteria Coliform Temperature Counts Counts Determination Milk 100,000 45° F 20,000 10 45° F Cream 100,000 45° F 50,000 10 45° F Milk Products 100,000 45° F 20,000 10 45° F Mix 100,000 45° F 50,000 10 45° F Ice Cream 20,000 10 12° F Frozen Desserts 100,000 45° F 50,000 10 24° F —6— SECTION 10. SANITARY REQUIREMENTS FOR PLANTS. All ice cream and frozen desserts plants shall comply with the following items of sanitation: Item 1 p. Floors. The floors of all rooms in which ice cream,ice cream mix,frozen desserts, frozen desserts mix or their ingredients are manufactured, frozen or stored, in which containers and utensils are washed, shall be constructed of concrete or other equally impervious and easily cleaned material, and shall be smooth, properly drained, provided with trapped drains and kept clean; provided, cold-storage rooms need not be provided with drains; provided further, the construction requirements of this item shall be waived in ice cream and frozen desserts plants which freeze and sell only at retail on the premises, if the portion of the room in which the freezer is installed and the room in which the containers or utensils are washed have impervious floors or solid floors, covered with tight linoleum or other approved, washable material. Item 2p. Walls and Ceilings. Walls and ceilings of rooms in which ice cream, ice cream mix, frozen desserts, frozen desserts mix or their ingredients are manufactured or frozen, or in which containers or utensils are washed, shall have a smooth, washable light-colored surface, and shall be kept clean. Item 3p. Doors and Windows. Unless other effective means are provided to prevent the access of flies, all openings to the outer air shall be effectively screened and doors shall be self-closing. Item 4p. Lighting and Ventilation. All rooms shall be well lighted and ventilated. Item 5p. Miscellaneous protection from contamination. The various plant operations shall be so located and conducted as to prevent any contamination of ice cream, ice cream mix, frozen desserts, frozen desserts mix or their ingredients, cleaned equipment or containers. All necessary means for the elimination of flies shall be used. Separate rooms shall be provided for (a) the pasteurizing, processing, cooling, freezing and packaging operations, and (b) the washing and bactericidal treatment of containers; provided, requirement (a) shall be satisfied in ice cream and frozen desserts plants where the freezing of ice cream or frozen desserts, or both, are held in the freezer under refrigeration until they are served for immediate consumption, if protected from the public by a transparent shield or other sanitary enclosure, having a top line of five feet six inches from the floor and provided with a semi-circular opening having a radius of not to exceed ten inches, through which the product is passed to the customer. Containers of ice cream, frozen desserts or their ingredients shall not be unloaded directly into the room used for pasteurization, or subsequent processes. Pasteurized mix or the frozen product shall not be permitted to come in contact with equipment with which unpasteurized mix, the frozen product, milk or milk products have been in contact, unless such equipment has first been thoroughly cleaned and subjected to bactericidal treatment. None of the operations connected with an ice cream or frozen desserts plant shall be conducted in a room used for domestic purposes. Item 6p. Toilet Facilities. There shall be provided toilet facilities conforming with this Code and the ordinances of the city and which are kept clean, well-ventilated and in good repair. Toilet rooms shall not open directly into any room in which mix, the frozen products, or their ingredients, or equipment or containers are handled or stored. The doors of all toilet rooms shall be self-closing. Incase privies or earth closets are permitted and used, they shall be separated from the building, and shall be of a sanitary type constructed and operated in conformity with the requirements of the state board of health. Item 7p. Water Supply. The water supply shall be easily accessible, adequate, and of a safe, sanitary quality. Item 8p. Hand-Washing Facilities. Convenient hand-washing facilities shall be provided, including warm running water, soap and approved sanitary towels. The use of a common towel is prohibited. No employee shall resume work after using the toilet room without first washing his hands. —7— •• • Item 9p. Sanitary Piping. All piping used to conduct mix, the frozen products or their ingredients shall be sanitary milk piping of a type which can be easily cleaned with a brush. Item lop. Construction and repair of containers and equipment. All multi-use containers and equipment with which mix, the frozen products or their ingredients come in contact shall be constructed in such a manner as to be easily cleaned, and shall be kept in good repair. (A) DESIGN, CONSTRUCTION, INSTALLATION AND USE CODE FOR CONTINUOUS FREEZERS AND BATCH FREEZERS. (1) DEFINITION. "Continuous freezers" and "batch freezers" are different types of a freezer which is installed and used in the processing or manufacturing of ice cream, ice cream mix, frozen desserts or frozen desserts mix, which is hardened in cold storage after removal from the freezer. (2) NOMENCLATURE. (a) The dasher is that part of the freezing chamber which rotates in the chamber and is in contact with the food products. (b) The dasher shaft is that part which drives the dasher and which comes in contact with the food products. (c) The freezer front is that part which closes the freezer chamber and is in contact with the food products. (d) The freezer gate is that part which is used to close the opening in the freezer front through which the food product is drawn for serving and which comes in contact with the food products. (e) The freezer front cover is that part which closes the freezer front where the food product ingredients are added to the freezer and which comes in contact with the food products. (f) The freezer drip tray is that part which is provided to catch any spillage during the use of the freezer. (g) The front panel of the freezer is that part which may become soiled with the food product or by spillage during the use of the equipment. (h) The food product is that ice cream or frozen dessert which shall subsequently be served to the public. (3) MATERIAL. DESIGN AND CONSTRUCTION (a) Only such materials shall be used which will withstand wear, penetration by vermin, and the corrosive action of foods, cleaning compounds and other elements found in the equipment and environment. That portion which shall come in contact with the food product shall be made of nontoxic materials. (b) All parts which come in contact with the food product shall be fabricated in one piece or shall be made to be taken apart by hand without the use of tools or shall be permanently joined and any cracks or crevices shall be filled and smoothed so as not to provide a place to harbor bacteria. —8— (c) All parts that are in contact with the food products shall be plainly visible for inspection, accessible for cleaning, sterilization and brushing. There shall be no closed bottom holes or tubes. There shall be no holes smaller than three-sixteenths of an inch in diameter. There shall be no radius in corners of less than one-sixteenth of an inch. (d) All finished on parts which come in contact with the food products shall be such as not to provide a surface that will freely harbor bacteria or be difficult to clean. This should be equal or better than a number four finish as applied to commercial stainless-steel sheets. (e) The use of screw threads as a method of fastening is to be discouraged whenever such threads come in contact with the food product. If threads are used under such conditions, there shall be no more than two threads, of thirteen threads per inch or larger, which has a finish equal or better than a class three thread and so arranged that the parts may be easily brushed. (f) Any casting or surface defects shall be properly filled to give a finish that is equal to that provided for in other parts of this section. (g) Stainless steel, monel, dairy metal, chromium, tin, or their equal are generally considered the most desirable metals for any construction that will come in contact with the food product. (h) Hard or soft solders, plating .or finishes shall be of a type commonly considered nontoxic and as free as possible of antimony, cadmium, lead and zinc whenever they may come in contact with food product. (i) Material which is commonly known as nontoxic in the food and dairy industries shall be used as the nonmetallic material for any construction that will come in contact with the food product. (j) Angle construction shall not be used where food or refuse may accumulate on the ledges or the corners. (k) Attachment on the freezer front panel between the inlet of the freezer and the drip tray shall be moisture - tight sealed to the panel to prevent dripping or leakage from flowing behind the attachments, unless all such attachments shall be removable without tools for daily cleaning. All surfaces shall overlap to provide free drainage in the direction of flow. (1) Provisions shall be made to attach pipe legs so the equipment may be installed with four inches of clear space below it for cleaning, unless the unit shall be provided with bases that may be secured and sealed to the floor. (4) USE AND INSTALLATION OF CONTINUOUS FREEZERS AND BATCH FREEZERS. (a) The freezer front cover shall cover the opening at all times that a food product is in the freezer, except when actually filling the freezer. —9--- (b) The freezer gate shall be kept in a closed position so all surfaces in contact with the food product shall be protected from contamination, except when actually drawing the food product from the freezer. (c) All food products which come in contact with the machine shall be kept at a temperature of fifty degrees Fahrenheit or less until they are used. (d) All parts of the freezer, with the exception of the freezing chamber, which come in contact with the food product shall be removed each day or whenever it is no longer under refrigerated condition, to be completely dismantled, brush cleaned, washed and sterilized in accordance with the public health department requirements for cleaning multi-use utensils. The freezer chamber shall be thoroughly cleaned, brushed, rinsed and sterilized daily. (e) Wherever continuous freezers and batch freezers are installed, provisions shall be made for an ample supply of hot(one hundred and seventy degrees Fahrenheit) water to be used for cleaning. Facilities such as required for the cleaning of multi-use utensils shall be provided that are large enough to accommodate and completely submerge the largest part of the freezer that is to be dismantled for daily cleaning. (B) DESIGN, CONSTRUCTION, INSTALLATION AND USE CODE FOR FOUNTAIN AND/OR COUNTER FREEZERS. (1) DEFINITION. A "fountain and/or counter freezer" is a freezer which is installed and used in the processing and manufacturing of ice cream, ice cream mix, frozen dessert or frozen desserts mix, which has a soft consistency and which is held in the freezer under refrigeration until it is dispensed. (2) NOMENCLATURE. (a) The dasher is that part of the freezing chamber which rotates in the chamber and is in contact with the food product. (b) The dasher shaft is that part which drives the dasher and which comes in contact with the food product. (c) The freezer front is that part which closes the freezer chamber and is in contact with the food product. (d) The freezer gate is that part which is used to close the opening in the freezer front through which the food product is drawn for serving and which comes in contact with the food product. (e) The freezer front cover is that part which closes the freezer front where the food product ingredients are added to the freezer and which comes in contact with the food product. (f) The freezer chamber is that part of the machine which cannot be removed and submerged for daily cleaning and which comes in contact with the food product. (g) The freezer drip tray is that part which is provided to catch any spillage during the use of the freezer. (h) The front panel of the freezer is that part which may become soiled with the food product or by spillage during the use of the equipment. (i) The food product is that ice cream or frozen dessert which shall subsequently be served to the public. —10— ` C (3) MATERIALS, DESIGN AND CONSTRUCTION. (a) Only such materials shall be used which will withstand wear, penetration by vermin, and the corrosive action of foods, cleaning compounds and other elements found in the equipment and environment. That portion which shall come in contact with the food product shall be made of nontoxic materials. (b) All parts which come in contact with the food product shall be fabricated in one piece or shall be made to be taken apart by hand without the use of tools or shall be permanently joined and any cracks or crevices shall be filled and smoothed so as not to provide a place to harbor bacteria. (c) All parts that are in contact with the food product shall be plainly visible for inspection, accessible for cleaning, sterilization and brushing. There shall be no holes smaller than three-sixteenths of an inch in diameter. There shall be no radius in corners less than one-sixteenth of an inch. (d) All finishes on parts which come in contact with the food product shall be such as not to provide a surface that will freely harbor bacteria or be difficult to clean. This should be equal or better than a number four finish as applied to commercial stainless steel sheets. (e) The use of screw threads as a method of fastening is to be discouraged whenever such threads come in contact with the food product. If threads are used under such conditions there shall be no more than two threads, of thirteen thread per inch or larger, with a finish equal or better than a class three thread and so arranged that the parts may easily be brushed. (f) Any casting or surface defects shall be properly filled to give a finish that is equal to the provided for in other parts of this section. (g) Stainless steel, monel, dairy metal, chromium, tin or their equal are generally considered the most desirable metals for any construction that will come in contact with the food product. (h) Hard or soft solders, plating or finishes shall be of a type commonly considered nontoxic and as free as possible of antimony, cadmium, lead or zinc whenever they may come in contact with the food product. (i) Material which is commonly known as nontoxic in the food and dairy industries shall be used as the non-metallic material for any construction that will come in contact with the food products. (j) Angle construction shall not be used where food or refuse may accumulate on the ledges or the corners. (k) Attachments on the freezer front panel between the inlet of the freezer and the drip tray shall be moisture - tight sealed to the panel to prevent drippage or leakage from flowing behind the attachments, unless all such attachments shall be removable without tools for daily cleaning. All surfaces shall overlap to provide free drainage in the direction of flow. (I) Provisions shall be made to attach pipe legs so that equipment may be installed with four inches of clear space below it for cleaning, unless the unit shall be provided with bases that may be secured and sealed to the floor. —11— r (4) USE AND INSTALLATION OF FOUNTAINS AND/OR COUNTER FREEZERS. (a) Fountain and/or counter freezers shall be protected from the public by a transparent shield or other sanitary enclosure, having a top line five feet six inches from the floor and provided with a semi-circular opening having radius of not to exceed ten inches through which the product may be passed to the customer. (b) The freezer front cover shall cover the opening at all times that a food product is in the freezer, except when actually filling the freezer. (c) The freezer gate shall be kept in a closed position so all surfaces in contact with the food product shall be protected from contamination, except when actually drawing the food product from the freezer. (d) All food products which come in contact with the machine shall be kept at a temperature of fifty degrees Fahrenheit or less until they are used. (e) All parts of the freezer, with the exception of the freezing chamber, which come in contact with the food product shall be removed each day or, whenever it is no longer under refrigerated condition, shall be completely dismantled, brush-cleaned, washed and sterilized in accordance with the public health department requirements for cleaning multi-use utensils. The freezer chamber shall be thoroughly cleaned, brushed, rinsed and sterilized daily. (f) Wherever fountain freezers are installed, provisions shall be made for an ample supply of heated (one hundred and seventy degrees Fahrenheit) water to be used for cleaning. Facilities such as required for the cleaning of multi-use utensils shall be provided that are large enough to accommodate and completely submerge the largest part of the freezer that is to be dismantled for daily cleaning. Item lip. Disposal of Waste. Waste disposal shall conform with this Code and the ordinances of the city. Item 12p. Cleaning and Bactericidal Treatment of Containers and Equipment. All multi-service containers and equipment for mix, the frozen products or their ingredients shall be thoroughly cleaned after each usage. All containers shall be subjected to an approved bactericidal process after each cleaning and all equipment immediately before each use. When empty and before being returned by an ice cream or frozen desserts plant, each milk and milk products container shall be effectively cleaned and subjected to bactericidal treatment. Item 13p. Storage of Containers. After bactericidal treatment all multi-use containers of mix, the frozen products and their ingredients shall be stored in such a manner as to be protected from contamination. Item 14p. Handling 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 mix, the frozen product or their ingredients. Item 15p. Storage and Handling of Single-Service Containers and Utensils. Caps, parchment paper, wrappers, can liners and single-service sticks, spoons and containers for mix, the frozen products or their ingredients shall be purchased only in sanitary containers, shall be kept therein in a clean, dry place and shall be handled in a sanitary manner. Item 16p. Pasteurization of Mix. All mix shall be pasteurized. —12— • Item 17p. Cooling and Handling. All milk and fluid milk products received at an ice cream or frozen desserts plant for use in the mix or frozen product shall immediately be cooled in approved equipment to fifty degrees Fahrenheit or less and maintained at that temperature until pasteurized, unless they are to be pasteurized mix shall immediately be cooled in approved equipment to an average temperature of fifty degree Fahrenheit or less. All mix which is not frozen at the plant at which it was pasteurized shall be transported to the place of manufacturing or freezing in sealed containers and the mix shall be handled in a sanitary manner. Dipping from containers of pasteurized mix is prohibited. Item 18p. Packaging, etc. Packaging, cutting, molding, dipping, freezing, ' hardening and other preparation of mix, the frozen products or their ingredients shall be done in an approved manner. Containers shall be adequately covered immediately after filling. Caps or covers shall be handled in such manner as to prevent contamination of the package contents. Item 19p. Overflow or Spillage. Products drip, overflow, spilled mix or their ingredients shall not be sold for human consumption. Item 20p. Returns. Mix or the frozen product in open or broken containers may, after delivery, be returned to the plant for inspection, but shall not be used for making mix or the frozen product. Item 21p. Personnel;health. The director of public health or physician authorized by him shall examine and take a careful morbidity history of every person connected with ice cream and frozen desserts plant, or about to be employed, whose work brings him in contact with production, handling or storage of mix, the frozen product, containers or equipment. If such examinations suggest that such person may be a carrier of or infected with the organisms of typhoid or paratyphoid fever or any other communicable diseases likely to be transmitted through the frozen product, he shall secure appropriate specimens of body discharges and cause them to be examined in a laboratory approved by him or by the state health officer for such examination and if the results justify, such person shall be barred from such employment. Such persons shall furnish such information, submit to such physical exminations, and submit such laboratory specimens as the director of public health may require for the purpose of determining freedom from infection. Item 22p. Personnel; cleanliness. All persons coming in contact with mix, the frozen products, or their ingredients, containers, or equipment shall wear clean outer garments and shall keep their hands clean at all times while thus engaged. Item 23p. Miscellaneous. All vehicles used for the transportation of mix, the frozen products or their ingredients shall be so constructed and operated as to protect their contents from the sun and from contamination. Such vehicles shall be kept clean, and no substance capable of contaminating mix, the frozen products or their ingredients shall be transported therewith. All vehicles used for the distribution of mix or the frozen products shall have the name of the distributor prominently displayed. The immediate surroundings of all ice cream and frozen desserts plants shall be kept in a neat, clean condition. Item 24p. Bacterial plate count of pasteurized mix and the frozen product. The average bacterial plate count of the pasteurized mix or the frozen product shall at no time prior to delivery exceed fifty thousand per gram. Item 25p. Ingredients. Ingredients used in the manufacture of mix or the frozen product shall conform to the following standards: (1) Milk and milk products used as ingredients in the raw state shall be produced on premises on which buildings, installation, equipment, water supply, facilities, methods and procedures incident to production, handling, storage and transportation of raw milk will assure a wholesome milk having an average —13— standard plate count not to exceed 50,000 per milliliter. Milk and milk products used as ingredients in the pasteurized, condensed, evaporated or dried state shall have an average bacterial plate count not exceeding fifty thousand per cubic centimeter or per gram;provided, that these limits shall be doubled in the case of cream. (2) The skim milk shall be separated from fresh whole milk which has been produced under conditions described in item 25p (1). The fresh skim milk shall be pasteurized by heating to a temperature of not less than one hundred and forty-three degrees Fahrenheit and holding at such temperature for not less than thirty minutes;or to a temperature of not less than one hundred and sixty degrees Fahrenheit and holding at such temperature for not less than fifteen seconds or by other approved processes giving equivalent results. In establishments where milk is customarily flash-heated in a pre-warmer or pre-heater at a temperature of approximately one hundred and eighty degrees Fahrenheit before the milk is condensed under vacuum, such flash-heating shall be acceptable in lieu of pasteurization. (3) The concentrated milk shall be condensed under vacuum in accordance with good commercial practice, be of uniform consistency, of normal flavor, color and odor, and free from granulation or sediment. It shall contain not more than five-tenths per cent milk fat and not less than twenty-six percent total milk solids. The standard plate count of the finished product shall not exceed fifty thousand per milliliter. The concentrated milk shall be stored in the original containers at temperature not less than thirty-three degrees Fahrenheit nor more than forty degrees Fahrenheit and shall be used within eight days after date of processing. (4) The fresh cream shall be separated from fresh whole milk of a quality that will comply with all of the requirements of item 25p (1). The cream shall be pasteurized by heating every particle to at least one hundred and fifty-five degrees Fahrenheit and holding at such temperature for thirty minutes or other approved processes giving equivalent results. It shall be stored in the original containers at temperature not less than thirty-three degrees Fahrenheit nor more than forty degrees Fahrenheit until used. The pasteurized cream shall be used within eight days after the date of processing. The bacterial plate count or the direct microscopic clump count of which, as delivered from the farm, does not exceed 50,000 per milliliter. (5) Nuts, fruits, and confections shall have a fresh, wholesome flavor and odor and be normal in appearance, and shall have been handled and processed in accordance with good commercial practice. SECTION 11. TRANSFERRING AND PACKAGING; PERMIT FOR VEHICLE; REQUISITIES FOR VEHICLE. (a) It shall be unlawful for any person to transfer frozen or unfrozen dairy food products from one container to another or freeze and package the same on the street or in any vehicle that does not possess a permit, issued by the director of public health, to operate said vehicle. No such permit shall be issued unless the vehicle in question has the following equipment: (1) Approved sanitary water storage tank with not less than forty (40) gallon capacity, water inlet easily accessible with hose attachment for filling. (2) A ten (10) gallon capacity hot water heater, or an instantaneous heater, capable of producing 180° F hot water. —14— is " (3) Waste water storage of not less than forty (40) gallon capacity and/or equal to the water supply tank, with outlet easily accessible and hose and attachments available for drainage into sanitary sewer connection in an approved manner. (4) Counters and/or work tables with three compartment fountain type wash sink, each compartment of adequate size to take largest piece of equipment necessary to wash, (piped with both hot and cold water) to be constructed of sanitary material (stainless steel or equivalent) in an approved manner. (5) Counter type freezer to be constructed of materials and operated in compliance with the recommendations of the United States Public Health Services as approved by the director of public health. (6) Adequate storage space for supplies with refrigerated storage space to maintain 45° F temperature on unfrozen milk or food products, and below 10° F storage for frozen food products. (7) Adequate ventilation (as fans and refrigeration) shall be provided as required, self-closing doors and service windows to be open only when products are dispensed to the counter. (8) Hand-washing facilities with hot and cold running water in a mixing faucet (other than equipment wash sink) with soap and sanitary towels shall be provided and installed as approved by the health officer. (9) A properly covered container for the disposal of waste paper, unused containers, etc. (10) Any additional equipment or the arrangement thereof other than approved when the permit was issued shall be prohibited unless • approved by the health officer. (11) Floors in the workers'area constructed of metal or other approved impervious material and graded to trapped floor drain connected in an approved manner to the waste water tank. (12) Only milk, milk products, and ice cream; ice cream products and frozen yogurt shall be sold or offered for sale on mobile units. (b) The permit holder will be required to have a central depot within the corporate limits of the city so that health inspectors can check such depot. Said depot to be used for cleaning such vehicles and equipment and to provide sanitary storage of items necessary for proper operation of this vehicle. (c) Cleaning of vehicle shall be done within an area provided with facilities, approved by the director of public health, as often as necessary but not less than once every twenty-four hours, under the rules established by the director of public health. (d) Said vehicle or vehicles shall have a proposed route of operation, approved beforehand by the director of public health, and no changes in routes, zone, equipment, vehicle, or base of operations shall be made without the prior approval of the director of public health. —15— SECTION 12. FROM POINTS BEYOND LIMITS OF ROUTINE INSPECTION. Ice cream, ice cream mix, frozen desserts or frozen desserts mix from points beyond the limits of routine inspection of the city may not be sold in the city, or its police jurisdiction,unless controlled under provisions equivalent to the requirements of this article; provided, the director of public health shall satisfy himself that such provisions are being properly enforced. SECTION 13. FUTURE PLANTS. • All ice cream and frozen desserts plants from which ice cream, ice cream mix, frozen desserts or frozen desserts mix are offered for sale within the city which are constructed, reconstructed, or extensively altered shall conform in their construction to the requirements of this article. Properly prepared plans for all ice cream and frozen desserts plants which are hereafter constructed, reconstructed or extensively altered shall be submitted for approval before work is begun, and signed approval shall be obtained from the director of public health. SECTION 14. PENALTIES. The violation of any provision of this ordinance shall be punished by a fine not exceeding $200. Each day that any violation of this ordinance shall continue shall constitute a separate offense. SECTION 15. EMERGENCY. The fact that the manufacture, distribution and sale of the products covered herein are not now regulated in the City of Wichita Falls creates a health hazard, and this ordinance is declared to be an emergency measure which shall go into effect immediately- upon its passage. B� Passed and approved this 7tX-c,day of 1978. I / or or Attest: City Clerk vv —16— Affidavit of Publication. THE STATE OF TEXAS COUNTY OF WICHITA (Paste Clipping Here) On this . 15th day of May A.D. 1978 personally appeared before me, the undersigned authority Katherine Parrish , bookkeeper for the Times Publishing Company of Wichita Falls, publishers of the Wichita Falls Record News, a newspaper published at Wichita Falls in Wichita County, Texas, and upon being duly sworn by me, on oath states that the attached.advertisement is a true and correct copy of advertising published in One (1) issues thereof on the following dates: April 20, 1978 Bookkeeper for Times Publishing Company of Wichita Falls Subscribed and sworn to before me this the day and year first above (SEAL) written. • ' L. REAVES, Notary Public for Wichita County, Taxai • • 1 r � 1 _ ` L PUBLIC NOTICES I 1 I PUBLIC NOTICES S' V I PUBLIC NOTICES [1 ] PUBIS tTFhit4 Folio (junco -L.e9ei Notices III 3-Legal Notices , Tv-. ~ i•ORDINANCE NO:3292 3—Legal Notices 3--ire lrtla. R MA#'W5 ICE CREAM, FROZEN DESSERTS ORDINANCE AND CODE 1 AN ORDINANCE DEFINING "ICE CREAM, "FROZEN DE- It shall be unlawful for any person who doge, CLASSIFIED INDEX SSERTS," "MLX," "PASTEURIZATION," FROZEN DESSERT from the director of public health,fo delivei Motor Clgsaifications PLANTS," "FROZEN YOGURT," "SOFT SERVE YOGURT," into or receive into the city or Its police lurid ETC.; PROHIBITING THE SALE OF ADULTERATED OR MIS- produce,sell or offer for sale therein,ortohai .BRANDED MIX OR FROZEN DESSERTS; REGULATING THE cream,ice creammix,fro*endesserts,orfrtt r ISSUING,SUSPENSION AND REVOCATION OF PERMITS FOR sold or served, any Ice cream, ice cream 0 PUBLIC NOTICES T Ito THF,SALE OF MIX AND FROZEN DESSERTS,THE LABELING frozen dessert mixes. ��'}',, OF CONTAINERS,THE INSPECTION OF,FROZEN DESSERTS SECTION 4. SAME •APPLICATIQN 1 PLANTS; ETC.; THE EXAMINATION OF FROZEN DESSERTS Everyoperaforofanicecre3amplantorfro;e1'i to AND THEIR INGREDIENTS,THE INSPECTION OF RECORDS, whether operated by an individual or as a fire THE TRANSFER OF FROZEN DESSERTS,THE SALE OF MIX ship or corporation,shall make application in' TRANSPORTATION I iRi, AND FROZEN DESSERTS FROM DISTANT POINTS,THE CON- of public health,for a permit to manufacture, STRUCTION OF FUTURE PLANTS THE REPORTING AND ice cream, ice cream mix,frozen desserts o CONTROL OF COMMUNICABLE DISEASE AT PLANTS, THE and operate and do business in the city. 6 to 13 SECTION 5. SAME . SUSPENSION; R7 ENFORCEMENT OF THIS ORDINANCE,AND THE FIXING OF SUANCE 4E IT ORDAINED E ALDERMEN D A permit as required by this article M• ANIK6U14EEMENTS IT ROAIN D BY THE BOARD OF OF THE revoke CITY OF WICHITA FALLS,TEXAS director of public health of the city or revoke SECTION T.DEFINITIONS for a hearing by such director,upon the viola 16 to it The following definitions shall apply in the interpretation and the any of the teems of this ordinance. BUSINESS SERVICES enforcement of this article: Any person whose Permit has been 5uspef I • (A) ICE CREAM. Ice Cream is a frozen dairy product made public h @alth,may at any time make eppllcd with sweet milk,cream,skim milk,evaporated or condens such permit.Upon receipt of a satisfactory al rd milk, evaporated or condensed skim milk,Dry milk, Suspension of permit is the result of an uni 23'4 to 23471 .nonfat dry milk solids,dried buttermilk,milk fat,or sweet condition of cooling temperature,the dlratter f;i,.; . .�,; .,, ,.;,., butter made from sweet cream,or any combination of any take further samples at the rate of net more i such products with or without sweetening,clean eggs or week.The director of public health shall vets$; C EpIJCATlON egg products,and with or without Ih$use of flavoring and er the average Of the last four sample results coloring. Except as hereinafter provided,ice cream shall compliance. contain not less than ten percent of milk fat. SECTION 6. POSSESSING OR RECEIViNCI 24 (1) FLAVORED ICE CREAM/FRUIT ICE CREAM. Flavored TURER WHO DOES NOT bas Ice cream and Fruit ice cream is ice cream containing not less than It shall be unlawful for any person to retell/ EMPLOYMENT eight Percent of Milk fat and not less than three percent by weight of Police iyrfsdictlon,for sale,or to offer for Selo, mature fruit, fruit juices or imitation fruit juices,Chocolate or storage where ice Cream,Ice cream mix,frtt , others. dessert mix are sold or served without first 4 25 to 28 (2) CONFECTION ICE CREAM. Confection ice cream shall from the director of public health. conform in all respects to the definition of ice cream hereinbefore SECTION 7. LABELING set forth except that it shall contain candy or confections,and Its All cans,Packages,and other containers ene; MERCHANDISE milk fat content shall not be less than eight percent of the fat of the cream mix,frozen dessert,frozen dessert mix"' finished product. derived from milk,except those filled from ii (3) ICE CREAM MIX. Ice cream mix is a combination of the in retail dispensing,shall be plainly labeled! 33-t0. unfrozen products used In the manufacture of Ice cream. It shall 0) The name Of the contents; �,, comply with all the requirements of ice cream as hereinbefore set (2) In the case of mix,the word"past( o FARM&GARDEN "0 forth. "raw" if the contents have not been' • . C 60 (4)SOFT-SERV.Soft-Sery is the frozen combination of two or name and the Street address of the 1 to 60 more ingredients used in the manufacture of frozen desert,with or contents were placed in the contained 5 without fruit,fruit juices,candy,nut meats,flavors,or coloring.it A descriptive work or phrase Indicating in ma'; • shall comply with all requirements of frozen desserts hereinbefore tion or flavoring of the ice cream or frog gee FINANCIAL set forth and contain not less than four percent milk fat. Strawberry,chocolate,custard etc.,may be r, MM// • (B) FROZEN DESSERTS. A frozen dessert is any frozen or label or mask shall be in 1 @tter;Of asize,kind c partially frozen cennbinatien of two or more of the follow, the director of public health. 62 to 66 Inca: Milk or milk products,edible oil or fat,eggs or'egg Trade names and trademarks may be permitt products,sugar water,fruit or fruit juices,imitation fruit contain less than eight Percent butter fat sot RENTALS juices,candy,or other food products,flavors,coloring or under a trade name In which the generic term stabilizer, and shall be deemed to include 5oft.Sery de have printed on the label in legible print the I sserts, ice milk, sherbet, novelties, ices, meilorine, and manufacture. 70 to 80 Other similar products. The label shall contain no marks or Words w'. (1)ICE MILK.Ice milk is a frozen product containing less milk fat SECTION 8. INSPECTION OF MANUFACTI than lie cream and shall be made with sweet milk,cream,skim During each slx=months period four inspect r REAL ESTATE FOR milk,evaporated or condensed milk,evaporated or condensed skim and frozen dessert*plant,the products of . Ill, SALE milk,dry milk,nonfat dry milk solids,powdered buttermilk,milk consumption within the city or its police Iurisp fat or sweet butter made from sweet cream or any combination of by the director of public health.In case the dal • 81 to 4't w any such products, with or without sweetening,eggs or egg Pro- discovers the violation of any item of sanitat ducts, and with or without the use of flavoring and coloring and -second inspection after a lapse of such time at containing not less than two percent but not more than seven for the defect to pe remedied,but not before it Classified Adertising percent 4f milk fat. and the second inspection Shall be used in dot (Z)SHERBET.Sherbet is a frozen product containing milk Or milk with the requirements of this article.Any vlQii • LOvAi..WANT AD RATES products,with or without sweetening, with or without the use of of this article on two Consecutive inspectia Times & Record News flavoring and coloring,with or without milk fat. mediate suspension of the permit,One Copy of (3) NOVELTIES. Novelties,as known to the trade,shall conform shall be delivered to the owner of the preml These rates apply only to residents of the in all respects to the definition of Ice cream and/or frozen desserts agent and shall be readily available at any,' Slate of Texas and the State of Oklahoma. hereinbefore set forth except that ice cream and/or frozen dessert twelve months.Another copy of the inspectitii WORDS I Day 3 Days 4 Dais novelties are frozen in molds or in combination with cones,and may with the records of the city public health de Up to 15 52.73 t6.75 F or may not be coated with chocolate or other confections. SECTION 9. EXAMINATION OF PRODU{ 16 to 20 S3 64 59.00 (4)SOFT-SERV MIX.Soft-sery mix is the unfrozen combination of Di ENTS. aj to 5 ?;4 S5 5i 1"5 R two or more ingredients used in the manufacture of frozen dessert. During each Six-months period at least four 26 to 37 $SA6 $t3.s0 with pr without fruit, fruit juices, candy, nut meats,flavors, or frozen product from each Dlanf, or both. st E coloring.It shall comply with all the requirements of frozen desserts director of public health.Samples of mix or 0 31 10 35 56.37 515.75 hereinbefore Set forth and contain not less than four percent milk both,may be taken by the director of public hf,E fat• to final delivery. Samples of ingredients may Above sin placed for (5) MIXED PRODUCTS. Liquid andior dry mix to be frozen and the director of public health may require.S Advertising placed for nonconsecaralea• dispensed within the City of Wichita Falls,Texas. product from stores,cafes,soda fountains,f pertions i the one•dmefrsenionrate°f (r$)ME4.LORINE.Mellorine is a frozen or unfrozen product made places where ice cream and frozen desserts,I • id lot each insertion. from edible fat, Milk solids,and sugar,with or without a natural be tested as often as the director of public'. Classified advertisements originate in flavoring,and contains not less than six percent of edible fat,and Bacterial plate counts and direct microseopiC the morning Record News then appear in - not less than thirty percent of all solid including fats, in conformity with the latest standard meth( , the lining ningrinselthe 5eday.Adver• (7) FLAVORED MELLORlNE.Flavored mellorine is a frozen or the American Public Health Association. El lining Appearing in the Sunday Times unfrozen product made from edible fat,milk,milk solids,and sugar dude such other chemical and physical dl, counts as one full insertion.Proportionate rtines with flavoring,and contains not less than four percent of edible fat. director of public health May deem neeessar. tedueh RVfor 1.34-8 and$9 Insertions. ($)SOFT-SERV PROCESSOR.A soft-sery processor is any person adulteration,these examinations to be mad@ 11 BOX SERVICE CHARGE 52.00 a 3$.50. who freezes any Pasteurized mix in semisolid or solid form,for latest standard methods of the American Pubi •lolifed Display an Spate Rates distribution or sale as a frozen dessert. and the association of Official agricultural chi volumeolumninch.Spedaldiscounts • (9) FROZEN DESSERT DISTRIBUTOR. A frozen dessert dis- pt plants, stores, cafes, restaurants, or rite or. iributor is any person who offers for sate or sells to another any similar places shall furnish the dlrttfor Of phi Wre or eau Classified Advertising Oe• frozen dessert for human consumption in a final package. request,the names of all tsersons from whom panment for details. (i0)MOBILE UNIT.The term mobile unit shall be taken to mean cream mix,or frozen desserts or frozen dess(t Classified Ads atter being ordered can- Whenever the average bacterial plate count, any vehicle or temporary establishment that shall travel from place not bechanaedN tan;elled until published to place in which a frozen desserts processor freezes andior pack- time or the average cooling tere,Peratur@ fall one day. c' ages frozen dessert, director of public health shall send written) The newspaper reserves the right to edit. (11)COMMISSARY OR DEPOT.The terms"commissary"or"de- person concerned, and shall take an add(tit repast and properly classify all ads. pot" shall mean any place. oremispc nr nctahlichmant in u,hir•h before the lapse of three rids$, for determif