Ord 1298 3/25/1940 4F
AN ORDINANCE REGULATING THE SALE A1M MPNUFACTT-J?,_C1 OF ICE CREAM,
ALL PRODUCTS Y�ANUFACTMED FOR SA12L OR SOLD UNDLR SUCH MYLES;
,,ROZEN CUSTARD, ANTD TONS FOR T� E 11ANUFACTME
DEFINING THE SAI',T, ANiD PRESCRIi3ING RUIRS AND REGUI-AT-
OF SUMET PRODUCTS; SETTING OU T THE BACTERIAL COUNT PEI.RYITTED; RE�IUIRING A
H__EkLTH EXAYINATI01\7 OF PERSONS HfJTELING ICE CREAY OR PRODUCTS THMEOF; CCN-
STRUCTION OF SUCH ESTABLISH[�ENTS; REQUIRING SCREENS TO BE ON ICE CRLAY' WkGONS;
qA- CE IS DECL_�,RED VOID SUCH FOLDING
PROVIDING THAT IF ANY PART OF THIS ORDIII YJ $
SHALL NOT AFFECT 7-7111 VALID PORTIONS TI=EOF, A�,,D PROVIDI1Z A PEEKAITY-
BE IT ORDAINED By THL BOARD OF ALDEITWEN OF THE CITY OF
WICHITA FALLS, TEXAS:
Section 12-2101. DEFINITIONS. For the Purpose of this article,
the words, lice cream or frozen custard" whether used alone or in connection
with other words herein, shall apply to all products manufactured for sale or
sold under the name of ice cream or frozen custardo and is hereby defined and
standardized.
Section 12-2101. 1. Ice cream is a frozen Drodutt made from the
constituent Darts of milk and with or witholl.1t the addition of sugars, eggs)
binders or flavorings and in the case of ice cream,shall not contain less than
8 per cent of butter fat nor less than 2- per cent of milk solids, nor more
than 1 per cent of harmless filler or binder.
Section 12-2101. 2. Fruit ice cream is a frozen Product made
from the constituent parts of milk and with or without the addition of sugars,
harmless binders or flavorings and sound, clear, mature fruits and contain
not less than 8 -Qer cent butter fat nor less than 20 Der cent milk solids, nor
more than 1 per cent harmless filler or binder.
section 12-2101. 3. Nut ice cream is a frozen product -ade
from the constituent parts of milk with or without the addition Of sugars,
harmless binders or flavorings and sound, clean, non-rancid nuts, and contains
not less than 8 per cent butter fat nor less than 20 per cent of milk solids,
nor more than 1 per cent of harmless fillor or 'hinder,
Section 1-2-9-101- 4- Yrozpn custard is a frozen 'oroduct lr_-!:�de
from the constituent Darts of milk and with or i,,,,ithout the addition of sugard,
ntain not less. thqn 4 per cent butter
harmless binders or finvorin,r,, and sball no r rore th-P I Per cent nf
fq- t nnd less thnn 1-P.5 --r cent of rilk srlids, nn
harmless filler or birder.
section 1-2-2101.. 5. The word "pasteurized" as used herein
s�,9.13 bave the same meanin�r as defined in Section 1-1 United States Public
Health Service Milk Ordinance 1936, and s'aall be takeil to refer to the pro-
cess of heatinF every Particle of milk or milk prodi)cts to 8 temperature of
nct less than 143 dep-.rees F. and holdin�- suc,-i temnerature for not less than
30 Trinutes in aPT)roved pasteurization aPparatus.
Section 12-2102. RULF.S AND REGL'ILATIONS OF la� !,RJFACTURING ICE
n 12-2101, of this article shall
CREAld. None of th'e Products defined in Sectio in his or its possession
be sold, offered for' sale, nor shall any person have
any such products for purpose of sale, in the Citv of 1�hchita Falls unless same
shall be ranuf,3ctured under the rules and rep�ulations hereinafter set out.
Section 12-2102. 1. Said article s"nall be manufactured in an,
establishment have a Permit from the health department of the Citv of Wic" it ,
Falls showin�, th, t it has complied with all the herlth laws of tl:ie City of
ichita Fells with reference thereto.
Section 12-2102. 2. No decayed, unwholesome or impure material
of any kind whatsoever, and no flavorin'r- or coloring matter in any ranner det-
rtmental to health or injurious or poisonous coal-tar dyes shall be used in the
manufacture of ice cream or frozen custard as defined in this Article.
Section 12-2102. 3. All constituent parts used in the nanu-
facture of ice cream, frozen cusatrd, nut ice crear or fruit ice cre,�m ru9t
be pasteurized after Tnixing excePt nuts, fruits r-�r flavoring,
Section 12-2103o BACTERIAL COUNT. No ice cream or frozen
custard shall at any time have a bacterial count exceeding 50,000 bacteria
per gram or cubic centimetero
Section 12-2104. HEALTH EVILINATTON OF PERSONS HANDLIM, ICE
CRE,,1',Y', ETC. All persons handling or coming in contact with the sale and
nanuf- cture of ice cream or frozen custard, must have had a health examina-
tion made by the City Health Officer within six months.
Sbetion 12-2105. CODSTRUCTION OF EKTABLISM,:ENT.. Each estab-
lishment must be provided rith separate washing-dressing and toilet rooms.
The floors of all rooms used for the manufacture of Droducts defined in this
Article shall be constructed of cement or its ecuivalent, and shall be drained
with ventilated or trap drains connected to the sanitary sewers.
Seation 12-2106o SCREE11,3 TO BE ON ICE CREAM, WAGONSo It shall
be unlawful for any person to sell ice crpem fror a wagon or other vehicle in
the City of Wichita Falls unless sane shall be screened with wire screen so
as to exclude flies and other insects.
Section 12-2107. MISDEMEANOR FOR VIOLATIONS. Any person, firm
or corporation who shall violate any of the Drovisions or reouirem- ents of this
ordinance shall be deemed guilty of a misdemeanor, and upon conviction thereof,
shall be Dunished by a fine not exceedinr the sw, of $200oOO: and each sale or
offer for sale and each day's possession for the purpose of sale shall constit-
ute a serarate offense.
Section 12-2108, Should any section, T)ara,-oraph, clause or
Dhrase hereof be declared to be void or unconstitutional, such holdinp-s shall
not affect the other valid provisions of this ordinance and same shall remain
in full force and effect.
PASSED AND APPROYED this the day of February, A. D. 1940.
MAYOR
ATTEST:
CITY CLERK