Ord 588 8/10/1925 s ,
ORDINANCE NO.
AN ORDINANCE DEFINING "MILK" AND CEPTAIN
ITILK PRODUCTS," MILK PRODUCER" ;"PASTEURIZA-
TION," ETC. PROHIBITING THE SALE OF
ADULTERATED AATD MISBRANDED MILK AND T:?I LK
PRODUCTS, REQUIRING PERIMITS FOR THE SAL',
OF I>IILK AND MILK PRODUCTS, REGULATING THE
INSPECTION OF DAIRY FARMS ATJD ITILY PLANTS,
THE TESTING, 'TRADITTG ,TAB _T.ING,PLACARDING,
PAS TEURI?ATION, REGRADING,DISTRTPUTTON,
SALE,AND D7,NATURING OF 11ILK AND I:RILK PRO-
DUCTS,PROVIDING FOR TITS PTJBLISHING` OF MILK
gR.ADES, THE COI STRUC TION OF FUTURE DAIRIES
AND ITILK PLANTS, T'�: ENFORCE19ENT OF THIS
ORDiNA^dCE,AidD T, r. FIXING OF PENATTIES.
s
BE IT ORDAINED BY THE BOARD-OF ALDERYIEN OF THE CITY OF
`"?ITHI TA FALLS , TEXAS, AS FOLLOWS;
SECTION 1.
DEFINITIONS
The following definitions shall apply in the
interpretation and the enforcement of this Ordinance:
MILK.
(A) Milk is hereby defined to be the whole ,
fresh, clean, lacteal secretion obtained by the complete
milking of one or more healthy cows, properly fed and kept,
excluding that obtained within fifteen days before and
five days after calving, or such longer period as may be
necessary to render the milk practically colostrum free;
which contains not less than ei;�ht- and one-half per cent
(82 ) of solids not fat and not less than three and one-
fourth per cent(a4lfo) of milk fat.
MILK FAT OR BUTTER PAT.
,(B) Milk fat or butter fat is the fat of
milk and has a`'.Reichert-Meissel number of not less than
twenty-four(24) and a specific gravity of not less than
0..906' (400 Cf400 0) .
CR EAM.
(C ) Cream, sweet cream, is that portion of
milk, rich in milk fat ,which rises to the-Surface of milk
on standing or is separated from it by centrifugal force,
is fresh and clean, and which c ontains not less thgn
eighteen per cent (18 f) of milk fat; provided that cream
having less than 18 per cent milk fat shall be known as
SUB-STANDARD CREAM.
Cream having less than thirty per cent(30%)
milk fat shall be known as LIGHT CREAM.
i
Cream having more than thirty per cent( 30 fo)
and less than forty per cent(40%) milk fat shall be
known as HEAVY CREAM, AND cream having more than forty
per cent(4-0%) milk fat shall be known as EXTRA HEAVY
CREAM.
WHIPPING CREAI.i AND MANUFACTURING CRELM
are creams intended far ,Vrhipping or manufacturing purposes ,
and the grades of same shall not be based on bacterial
count.
# 2..
SKIM AED MILK.
(D) Skimmed milk is milk from which sub-
stantially all the milk fat has been removed.
ADJUSTED I,ZM-
(E) Adjusted milk is milk in which the
percentage of milk fat has been adjusted by the addition
or removal of cream or skimmed milk.
BUTTER LTILK.
(F) Butter milk is the product which re-
mains when milk fat is removed from milk or cream, sweet
or sour, in the process of churning. It contains not
less than eight and five-tenths per cent (8.5f) of milk
solids not fat.
CULTURED BUTTER 11ILK.
(G) Cultured butter milk is the product
resulting from the souring or treatment by a lactic acid
culture of milk or milk products.
EVAPORATED I.TILK (UNS WEETRNED)
(H) Evaporated milk( unsweetened) is milk
from which a considerable portion of water has been
evaporated and which contains not less than twenty-five
and five-tenths per cent( 25.5f) of milk solids and not
less than seven and eight-tenths per cent(7. 8%) milk fat.
10NDE2y SED TTILK (SZVEETETI�;D) .
(I) Condensed milk(sweetened) is milk
from which a considerable portion of water has been
evaporated,to which sugar has been added, and which con-
tains not less than twenty-eight per cent (28%) of milk
solids and not less than eight per cent(8%) milk fat.
C0NDL•'�dSED SKI ! 711,7D 11ILK.
( J) Condensed skimmed milk is skimr,aed
milk from which a considerable portion of water has been
evaporated, and which contains not less than twenty per
cent (20 0) of milk solids.
POk-UDERED(DRIED)',,1H0LE Id2ILK.
NO Powdered whole milk is milk from which
substantially all of the water has been removed, and
which contains not less than twenty-six per cent (26%) of
milk fat , and not more than five per cent ( 5%) of moisture.
POWDERED(DRIED) SKIvEIED LTILK.
(L) Powdered ski �med milk is si>immed milk
from which substantially all of the water has been removed,
and which contains not more than five per cent (5%) of
moisture.
RE- CC13INED T,IILr'
(M) Re-combined milk is a substance pro-
duced by re-combining powdered whole milk, powdered skimmed
milk, condensed or evaporated whole milk, or skimmed milk,
and milk fat , with water, and shall conform in milk fat
percentage and bacterial counts to the provisions of this
ordinance relating to milk.
MI LK PRO DUO TS.
(N) Milk products shall be taken to mean and
include cream, skimmed milk, adjusted milk, butter npilk,
# 3.
cultured butter milk, evaporated milk (unsweetened)
condensed milk( sweetened) condensed skimmed milk,powdered
whole milk, powdered skimmed milk and re-combindd milk.
PASTEURIZATION.
(0) The terms "pasteurization" , "pasteur-
ized, "pasteurize" , andd similar terms shall be taken to
refer to the process of heating milk or milk products to
a temperature of not less than one hundred and forty-two
degreee( 1420) Fahrenheit, and holding at such temperature
for not less than thirty(3O) minutes, in pasteurization
apparatus approved by the Health Officer, the temperature
and time being automatically recorded by a temperature
and time recording device approved by the Health Officer.
ADULTERATED MILK AND MILK PRODUCTS
(P) Adulterated milk and milk products are
milk and milk products defined in this Ordinance which
do not conform with t1le definitions contained in this
Ordinance.
TJZILK 'v1PODUCER.
( p) A milk producer is any person, firm, or
corporation who owns or controls one or more cows, a part
or all of the milk from which is for tale, or sold or
delivered to another person,firm or corporation.
MILK DISTRIBUTOR.
(R) A milk distributor is any person,firm,
or corporation which has in possession, offers for sale,
sells, or delivers to another , any milk or milk products
for consumption or manufacturing purposes.
DAIRY OR DQ.IRY FAR11.
(S) A dairy or dairy farm is 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 de-
livered to any person,firm, or corporation.
MILK PLANT.
(T) A milk plant is any place, or premises
or establishment where milk or milk products are collected ,
handled,processed, stored ,bottled,pasteurized, or prepared
for distribution.
HEALTH OFFICER.
(U) The. Health Officer shall be taken to
mean the Health Officer of the City of Wichita Falls, in
person, or his authorized representative.
AV`EPAGE BACT-ERIAL COUNT.
(V) Average. bacterial count shall be taken
to mean the average bacterial count of all samples taken
during the grading period, including at least four samples
taken upon separate days.
GRADING PERIOD.
(Lid) The grading period shall be such period
of time as the Health Officer may designate,within which
grades shall be determined for all milk and cream supplies,
provided that the grading period shall in no case exdeed
six( 6) months .
# 4.
SECTION 2.
THE SALE OF ADULTERATED OR MISBRANDED MILK OR
MILK PRODUCTS TRCHIBI TED.
No person, firm, association or corporation,
shall within the City of uVichita Falls produce, sell , offer
or expose for sale., or have in possession, with intent to sell,
any milk or milk product which is adulterated or misbranded.
SECTION 3.
P E R M I T S
It shall be unlawful for any person, firm,
association or corporation, to bring into or receive into
the City of Wichita Falls for sale, or to sell or offer fcr
sale ,therein, or to have on hand any milk or milk product ,
excepting evaporated milk,condensed milk, condensed skimmed
milk, powdered whole milk and powdered skir+uned milk, who
does not possess an unrevoked permit from the Health Officer
of the City of Wichita Falls ar_�d on whole vehicles or in
whose place of business there does not appear in a con-
spdcmous place a placatd showing the permit number on figures
at least three inches high and one and one-half inches wide.
Such a permit may be revoked by the Health
Officer upon the violation b,; the holder of any of the terms
of this or any other Health Ordinance of the City of Vt'ichita
Falls provided that the holder of such permit shall, after
complying with ,uch revocation have the right of appeal to
the Board of Health.
SECTION 4.
LI.BETINq AND PLACARD?NG.
All btttles, cans,packages, and othE r containers
enclosing milk or any milk product defined in this Ordinance
shall. be plainly labeled or marled iVith - ( 1) the name of the
contents as given in the definitio2ls in this Crdinance ; ( 2)
the r--rade of the contents if said contents are graded under
the provisions of this Ordir-ance; ( 3) tre Ord "pasteurized"
if the contents have been pasteurized; (4) the word "raw"
if the contents are raw; ( 5) the percentage of milk fat, if
the package or o'.h er container encloses adjusted milk.
Every grocery s'.ore , restaurant ,cafe ,: oila
fountain or similar e stab lishrient selling or serving milk
shall display in a place designated by the Health Officer,
a card furnished by the Health Oificer, stating the grade of
the milk. when delivered and whether same is raw or pasteur-
ized.
SECTION 5.
INSPECTION OF DAIRY FARMS AND MILK
PLANTS FOP `Hh" -PURPOSE "' GRADING
OR REGRADING.
At least once during- each grading period the
Health Officer shall inspect every dairy farm producing
milk or cream for consumption within the City of Wichita
Falls, and all milk plants whose milk or cream is intended
for consuumption within t1-1e City of Wichita Falls. In case
the Health Officer discovers the violation of any item of
sanitatimn, 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
dth
second inspection shall be used in determining thegrade
of milk or cream.
# 5
One copy of the inspection report shall be
posted by the Health Officer in a conppicuous place upon
an inside wall of one of the dairy farm or milk plant
buildings , and said inspection report shall not be removed
by any person except the Health Officer. Another copy of
the inspection report shall be filed with the records of
the Health Department. In addition, a written notice
shall be mailed to or left with the owner or manager in
the case of violations .
SECTION 6,
THE TESTING OF Tg1ILK AND TAILK PRODUCTS
During each grading period at least four
samples of milk or cream from each dairy farm and each
milk plw,nt shall be tested by the Health Officer. Samples
of milk and cream from stores , cal es, soda fountains ,
restaurants , and other places where milk products are sold
shall be tested as often as the Health Officer may require.
Said tests shall include the determination of the bacterial
count made in conformity with the standard methods re-
commnended by the American Public Health Association,and
may include such other chemical and physical determina-
tions as the Health Officer may deem AecesLary for the
detection of adulteration. Notices of bacterial counts
shall be given to the producer or distributor concerned
as soon as made, or to any interested person on request .
Samples may be taken by the Health Off i cer at any time
prior to the final delivery of the milk or milk products.
All stores,cafex,restaurants, soda fountains and other
similar places shall furnish the Health Ot:f icer,upon his
request, the name of the milk distributor from whom their
milk is obtained.
Should the irarket value of any single
sample exceed twenty-five cents the City of Vlichita Falls
shall pay th6e distributor therefor .
SECTION 7
THE GRADIN^ O F 1:2ILK AND CREAM
At least once every six( 6) months the Health
Officer shall announce through the daily press the grades
of all milk and cream supplies delivered by all producers
or distributors and ultiil;ately consumed within the City of
Wichita Falls. Said grades shall be based upon the follow-
ing standards; the grading of cream being identical with
the grading of milk except that the permissible bacterial
limits shall be multiplied five fold in each case.
CERTIFIED MILK
Certified milk is milk which conforms with
the requirements of the American As:.ociation of Medical
Milk commissions, and produced under the supervision of
the Medical TeUlk Commission of the Medical Society of
Wichita County.
GRADE " A " RAIN MILK
Grade "All Raw J�Jilk is milk whose average
bacterial: count as determined under Section 6 of the Ordi-
nance does not exceed 50,000 per cubic centimeter,and
which is produced upon dairy farms conforming with all of
the following items of sanitation:
# 6.
C 0 W S
(1) A physical examination and tuberculin test
of all cows shall be made before any milk therefrom is sold
and at least once every twelve months thereafter by a veteri-
narian approved by the Health Officer. A certificate signed
by the veterinarian, and filed with the Health Officer, shall
be the only valid evidence of the above test. Ever`' diseased
animal shall be removed from the herd at once and no milk
from diseased cows shall be offered for sale. All reacting
animals shall be isolated at once and immediately excluded
from the premises . All animals failing to pass the tuberculin
test shall be branded with the letters T'T" or "T.B.". on the
shoulder, hip or jaw and removed at once and slaughtered under
the direction of the Health Officer. Each letter in the brand
shall be not less than two inches high and one and one-half
inches wide.
DAIRY BARNS.
Lighting. (2) All dairy barns shall have at
least three square feet of window space for each animal .
Air Space-. (3) All dairy barns shall have at
least five hundred( bOO) Cubic feet of air space per cow.
Floors. (4) Floors and gutters of all dairy barns
shall be constructed of concrete or other impervious and
easily cleaned material approved by the Health Officer and
shall be graded to drain properly, and shall be kept clean
and in good repair.
';falls and Ceilings. ( 6) The walls and ceilings
of all dairy barns shall be whitewashed once each year or
painted once every two years, or f inish(td in a manner approved
by the Health Officer,and shall be kept clean and in good
repair. In case hay or other feed stuffs are stored above
the barn the ceiling shall be tight.
Cow Yard. ( 6) All cow yards shall be graded and
drained as well as practicable, and kept clean.
Manure Disposal. (7 ) All manure shall be
removed and stored or disposed of in such manner as best to
prevent the breeding of flies therein.
MILK HOUSE OR ROOM
Construction. (8) There shall be provided a
separate milk house or milk room for the handling and storage
of milk,provided with a tight floor constructed of cement or
other impervious material and graded to provide propEr drain-
age. The wals and ceilings of the milk house or room shall
be of such construction as to permit easy cleaning and shall
be painted at least once each year or finished in a manner
approved by the Health Officer. The milk Crouse or room shall
be well lighted and all openings effectively screened to
prevent the entrance of flies , and shall be used for no other
purpose than the handling and storage of milk or milk products
and other operations incident thereto , The cleaning and
other operations shall be so located and conducted as to
prevent any contamination one to the other. The milk room
shall not open directly into the barn or into any room used
for sleeping or domestic purposes.
Cleanliness. (9) The floors,walls ,ceilings and
equipment of the milk house or room shall be kept clean at
all times.
TOILET
( 10 ) Every da it y farm shall be provided with a
sanitary toilet constructed and operated in accordance with
the Ordinances of the City of Wichita Falls.
# 7.
No outside sanitary privy shall be located or
sewerage effuent be discharged i.aithin one hundred(100) feet
of any dairy barn,milk house,or source of water supply.
NAIV R SUPPLY
(11) The water supply shall be easily accessi-
ble ,adequate and of a safe sanitary quality.
UTIENSILS
Construction. (12 ) All containers or utensils
used in the handling or storage of milk or milk products
must be of such construction as to be easily cleaned and
must be in good repair. Joints and seams shall be soldered
flush. All milk pails shall be of a narrow mouth design
approved by the Health Officer.
Cleaning(13) All containers and ot;ier utensils
used in the handling and storing or transportation of milk
and milk produces must be thoroughly cleaned by rinsing
with clean water after each usage ,scrubbing in an alkaline
solution,and rinsing with clean water.
Sterilization. (14) All containers and other
utensils used in the handling ,storage, or transportation of
milk or milk products shall betlueen each usage be sterilized
with steam.
Storage. ( 15) . All containers and other uten-
sils used in the handling, storing, or transportation of milk
or milk products shall be stored so as not to become con-
taminated until again used.
Handling. (lu ) . After sterilization no con-
tainer or other milk or milk product utensil shall be
handled in such manner as to permit any part of the person
or clothing to come in contact with any surface with which
milk or milk products mome in contact.
1AI LKING.
Udders and Teats( 17) The udders and teats of
all milking cows shall be clean and sponged with water
containing chloride of lime or any other approved disinfectant,
and dried with a disinfected cloth immediately before milking.
Flanks. ( 16) The flanr.s of all milking cows
shall be kept free of visible dirt at the time of milking.
Milkers' Hands(19 ) I,.ilkers' hands shall be
clean and rinsed with water containing chloride of lime or
any other approved disinfectant and dined with a clean towbl
immediately before milking. Should the milking operation be
interrupted the milers ' hands must be redisinfected.
Clean Clothing(20 ) 11ilkers shall wear clean
outer garments during milking.
1Iilk Stools. (21 ) IIilk stools shall be kept clean.
Renioval of ,Iilk. (22) Each pail of milk shall be
removed immediately to the milk house. No milk shall be
strained in the dairy barn.
COOLING
( 23) I,Iilk must be cooled within one hour after
milking to 50 degrees Fahrenheit or less and maintained at or
below that temperature until delivery,unless it is delivered
to a milk plant for pasteurization or separation, in which
case it must be cooled or pasteurized within two hours of
the time of production.
# 8. BOT TLIING AND CAPPING.
(24) Capping shall preferably be done by machine.
In case capping is done by hand, the hands shall be dis-
infected in a manner approved by the Health Officer before
the process of capping is begun and after each interruption.
Caps not purchased in sanitary containers and kept therein
until used shall be kept in dustproof containers and shall
be immersed in an approved disinfectant solution imi_:ediately
before use.
PER S ONNE L
Health Certificates-( 25) Every person whose work
brings him or her in regular contact with the production,
handling, storage, or transportation of milk or milk products
shall hold a certificate from the Health Officer certifying
to the fact that within twelve months laboratory and other
examinations have been made indicating that said person is
free of tuberculosis, that said person is not a carrier of
typhoid fever,and that said person is free of any disease
capable of being spread through milk supplies.
Notification of Disease( 26) Notice shall be sent
to the Health Officer within twenty-four hours by any milk
producer or distributor upon whose dairy farm any case of
sickness or any infections, contagious, or communicable
disease occurs.
GRADE "B" RA?1! MILK.
Grade"B►► Raw h1ilk is milk the average bacterial
count of which at no time prior to delivery exceeds 200,000
per cubic centimeter, and which is produced uptin dairy farms
conforming with all of the itemz of sanitation required for
Grade "A" Raw I.1ilk except( 2) , (3) , (4) , (5) , and ( 6) ,pro-
vided that cleanliness shall in no case be omitted. Item
( 23) shall apply except that the cooling temperature shall
be changed to sixty(60) degrees Fahrenheit . Item( 14)shall
apply except that boiling water may be substituted for
steam.
GRADE ►'C" RAt11 MILY.
Grade "C►' Raw Milk is riilk the average bacterial
count of which at no time prior to delivery exceeds 1,000,000
per cubic centimeter, and which is produced upon dairy farms
conforming with all of the items of sanitation required for
Grade "A" Raw Milk except (1) , (2) , (3) , (4), ( 5) , ( 6) , (7 ) , (12) ,
(14 ) , (23) , 24) and (25) , provided that cleanliness shall in
no case be omitted.
GRADE "D" RAZI MILK
Grade "D" Raw Milk is milk which does not meet
the requirements, of either Grade "A" , "B" , or "C►► Raw Milk,
and the average bacterial count of which does not exceed
5,000,000.
GRADE "A" PASTEURI7.ED MILK
Grade "A►► Pasteurized Milk is Grade "A" or Grade
"B" Raw Milk which has been pasteurized, cooled and bottled
in a milk plant conforming with all of the following items
of sanitation and the average bacterial count of which at
no time after pasteurization and until delivery exceeds 50,000.
BUILDINGS AND E'?UIPMENT
Floors( 1) The floors of all. rooms in which milk-
is handled shall. be srnocth, impervious , properly drained, and
provided with trapped drains , and kept clean.
Y
w �
# 9. Walls and Ceilings. (E) Walls and ceilings of
rooms in which milk is handled or stored shall be fre-
quently painted with a light colored paint or finished
in a manner approved by the Health Officer,and kept clean.
Doors and Windows. ( 3) All openings into the
outer air shall be effectively screened to prevent the
access of flies. Doors shall be self-closing.
Lighting and Vent i la t ion. (4) All rooms shell
be well lighted and ventilated.
Protection from Contamination. ( 5) The various
milk plant operations shall be so located and conducted
as to prevent any contamination one to the other .
Toilet Facilities. ( 6) Every milk plant shall
be provided with toilet facilities conforming with the
ordinances of the City of Wichita Falls. There shall be
at least one room or vestibule not used for milk purposes
between the toilet room and any room in which milk or
milk products are handled. The doors of all toilet rooms
shall be self-closing. Toilet rooms shall be kept in a
clean condition, in good repair, and well ventilated. In
case privies or earth closets are permitted and used, they
shall be located at least 100 feet from the building, and
shall be of a sanitary type constructed and operated in
conformity with the ordinances of the City ofWicf�ita Falls.
Water Supply. ( 7) The water supply shall be
easily accessible, adequate, and of a safe sanitary quality.
Wash Room. (8) A wash room shall be provided,
equipped with hot running water, soap, and sanitary towels
of a type approved by the Health Officer. The use of a
common towel is -prohibited.
Milk Piping. (9 ) Only "Sanitary milk piping" of
a type �Vh ich can be easily cleaned with a brush shall be
used.
Construction of &Equipment (10) All equipment
with which milk comes in contact shall be constructed in
such manner as to be easily cleaned and shall be kept clean.
Disposal of Wastes(ll) All wastes shall be dis-
posed of in conformity with the requirements of the Health
Officer.
ME TH 0 IDS.
Cleaning and Sterilizing of Containers
and Apparatus.
(12 ) All milk c ontainets and milk apparatus shall
be thoroughly cleaned after each usage by rinsing with
clear, water, then scrubbing in an alkaline solution, then
tinsing with clean water ,and finally sterilized in a manner
approved by the Health Officer.
Storage of Containers;
(13) After sterilization all bottles, cans, and
otter containers shall be stored in an inverted position in
a clean place protected from contamination.
Handling of Containers and Apparatus .
(14 ) Between sterilization and usage all containers
and apparatus shall be handled in such manner as to prevent
any part of the person or clothing from coming in contact with
any surface with which milk or milk products come in contact.
# 10.
Storage of Caps:-
(15) Milk bottle caps shall be purchased and
stored only in aanitary tubes and shall be kept therein
until used.
Pasteurization- (16) Pasteurization shall be
performed as described in the definition section of this
Ordinance. The time and temperature record charts shall
be preserved for a period of three months for the
information of the Health Officer.
Cooling- (17 ) All milk not pasteurized upon
receipt shall be immediately cooled to a temperature of
50 degrees Fahrenheit or less and maintained thereat
until pasteurized; and all pasteurized milk shall be
immediately cooled to a temperature of 50 degrees Fahren-
heit or less and maintained thereat until delivery.
Bottling- ( 18) Bottling shall be done in such
manner as to prevent any part of the person or clothing
from coming in contact with any surface with which milk
or milk products come in contact.
Over-flow Milk (19) Over-flow milk which has
become machine contaminated shall not be sold for human
consumption.
Capping- (20) Capping shall be done b-,7 machinery
approved by the Health Officer. Hand capping is prohibited.
Time of Delivery- (21) Milk to be consumed in
the form of whole milk shall be delivered to the final
consumer within thirty-six hours of the time of nasteuri-
xati on.
PERSONNEL.
Health Certificates(22) Every perzen whose work
brings him or her in contact with the production,handling,
storage or transportation of milk or milk products shall
hold a certificate from the Health Officer certifying to
the fact that within twelve months laboratory and other
examinations have been made indicating that said person is
free of tuberculosis , that said person is not a carrier of
typhoid fever ,and that said person is free of any disease
capable of being spread through milk supplies.
Notification of Disease.-123) Notice shall be
sent to the Health Officer within twenty-four hours by any
milk producer or distributor upon whose dairy farm any
infectious,contagious , or conmiunicable disease occurs.
Cleanliness. (24) All persons coming in contact
pith milk or milk products containers or Equipment shall
wear clean outer garments and shall keep their hands clean
at all times while taus engaged.
GRADE "B" PASTEURIZED MILK.
Grade "B" Pasteurized Milk is Grade "A" , "B"
or "C' Raw Milk which has been pasteurized,cooled, and
bottled in a milk plant conforming with all of the items
of sanitation required for Grade "A! pasteurized Milk
excepting ( 2) , (4) , (24 ) , and the average bacterial count
of which at no time after pasteurization and prior to
delivery exceeds 100,000.
GRADE "C" PASTEURI7ED 1,2ILK.
Grade "C" Pasteurized T,Zilk is pasteurized milk
which does not meet the requirements of either Grade "A}'
or Grade "B" Pasteurized Milk, and the average bacterial
count of which at no time prior to delivery exceeds 500,000
per cubic centimeter. Grade "C" Pasteurized Milk shall be
sold for cooking and manufacturing purposes only and every
container thereof shall be marked with the workd," For
cooking and manufacturing purposes only."
x c x= XXxxt
nix ) "X �X-L , x
xX �� Rx' x$ x xxy x ' 'xx
SECTIO'1d '8-
SUPPLET: N"'ARY REGRADI'TG.
At any time between regular announcements of milk
grades any producer or distributor may make application
for regrading his product.
In case the applicant 's existing low grade is
owing to excessive bacterial count, said application must
be supported by at least two bacteriological examinations
made subsequent to the end of the previous grading period
and indicating that the quality of the applicant ' s output
has improved since the last grading announcement and con-
forms with the requirements of a higher grade. The samples
upon which the said two analyses are made may be brought
to the Health Department Laboratory by the applicant .
Upon tie receipt of a satisfactory application,
the Health Officer shall make at least four bacteriological
analyses upon samples collected by the Health Officer of
the applicant' s output within a period of not less than
two weeks and not more than three weef.s of the date of the
application. The Health Officer shall award a high grade
immediately in case the said four analyses indicate the
necessary quality.
In case the applicant ' s existing low grade is
owing to a violation of an item of sanitation other than
bacterial count, said application must be accompanied by a
statement sib-ned by the applicant to the effect that the
violated item of sanitation has been conformed with . Within
one week of the receipt of such an application, the Health
Officer shall make a reinspection of the applicant ' s
establishment and, in case of findings justly, shall award
a regrade.
At any time between regular announcements of
milk grades the Health Officer may lower the grade of any
milk producer or distributor if as a result of inspections
or milk analyses a lower grade shall be justif iced in
accordance with the term of this Ordinance.
SECTION 9 .
mRANI SPEPP rNG OR DIPPING 11ILK.
No milk producer or distributor shall transfer
milk or cream from one container to another upon the street
or in any vehicle or store or in any place except a bott-
ling or milk room especially used for that purpose except
as may be specially perrmitted by the Health Officer in
the case of milk being delivered in bulk. The sale of
dip milk is hereby expressly prohibited.
Provided that nothing, contained in this Section
shall prohibit the serving of milk or milk products in
cafes, soda fountains or similar establishments in a sanitary
mariner approved by the Health Officer. '
SECTION 14.
MILK NOT TO BE PASTEURIZED OUTSIDE
OF AII.CT? IT.A COUI'1'i'Y.
No milk or cream shall be sold in the City of
Wichita Falls that has been pasteurized outside the County
oaf Wichita , Texas, except as maybe authorized by the
City Health Officer.
# 12.
SECTION 11 .
S P I T T I N G.
No person shall spit except into a receptacle
provided for the purppse in any part of any room,vehicle
or other place used for the sale ,storage ,handling or
transportation of milk.
SEU TI ON 12•
V E H I C L E S
All vehicles used for delivery of milk in the
City of Wichita Falls shall be so constructed as to pro-
tect the milk from the sun and from contamination. Such
vehicles shall be kept clean while used in transporting
milk or milk products. No substance capable of con-
taminating milk or milk products shall be transported
with milk or milk products.
SE,CTIOTT 1.3.
DEITATURI-VTG 11IS BRANDED PRODUCTS.
The Health Officer shall immediately denature
with rennet or s orne harmless colori4g matter any milk or
milk product found misbranded with respect to grading or
sold without a permit .
SECT ION 14.
RE-PASTEURIZATION PROHIBITED.
No milk or milk products shall be pasteurized
more than once.
SECTION 25
FUTURE DAIRIES ATTD MILK PLANTS.
All dairies and milk plants from whicr, milk
is supplied to the City of Wichita Falls which are here-
after constructed, shall conform in their construction to
the requirements of the Health Officer.
SECTION 16.
PROSCRIBED I.ZILK.
Milk which does not conform with any oiie of the
grades described in this Ordinance shall not be sold in
the City of lVichi t a Falls.
S':C T ICIT 17.
P E N A L T Y
Any person,firm, association, or corporation who
shall violate any provision of this Ordinance shall be fined
net more than one hundred dollars, at the discretion of the
Recorder.
SECTION 18'.
REPEAL ANT DATE OF EFFECT.
All ordinances and parts of ordinances in conflict
with this Ordinance are hereby repealed; anal this Ordinance
shall be in full forde and effect immediately upon its
adoption and its publication, as provided by law.
SECTION 19...
UNCONSTITUTIONALITY CLAUSE
Should any section, paragraph, sentence, clause or
phrase of this Ordinance be declared unconstitutional or in
va i fo an et�,son the remainder of this prdinance shall
no e a fe - thereby. Each and every violation of the pro-
visions of this Ordinance shall constitute a separate offense.
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