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Ord 227 12/14/1916
A N 0 R D I N y N C E Regulating the production, making, 'manuf�-cture, care, de- livery and sae of registered. milk or cream, pasteurized milk or cream, cream, milk, skimmed milk and buttermilk, ,jithin the limits, of the City of S&n-A�nt�oniro . BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SAN ANTONIO: Section 1. That the following are the definitions adopted for this ordinance , viz ; D E F I N I T I 0 IT S The term "registered milk" as used in this ordinance , shall be understood as meaning raw, clean milk, taken from he?lthy cons, such healthiness to be determined by a Veterinarian approved by the Board of Health of this City, and from dairies which score 80 or over on the official score-card of the United States Department of Agriculture . And the milk shall be cooled, immediately after teking from the cows, to 58 degrees Fahrenheit or lower, ^nd shallec- iately be put in sterilized containers and sealed in such .c ontainErs for delivery to the consumer . The milk shall contain not more than 100,000 bacteria per cubic centimeter , and shall be free from pa.the- genic bacteria , And all such milk shall be delivered to the cen� sumer not later than twenty-four hours after the milking thereof . And the term 'rregistered cream", as used in this ordinance , shall include the. definitions of "registered milk" , above given, and .of "cream" given below , The term "pasteurized milk" as used in this ordinanc , T&,`-L shall be understood as meaning milk that has been heated above 1" degrees Fahrenheit, and maintaine( at or above such temperature for not less than 20 minutes, and immediately cooled to 50 degreee renhe it or loner., and maintained ned at or below 60 degrees Fahrenheit, at all tines prior to delivery thereof to a consumer or con;mc� r'- , .The term ',pasteurized cream" , as used in this ordinance , shall in- elude bCxth the definitions of "pasteurized milk", above given, n "cream'T given belovi , The terra "cream{, as used i-.a tl-nis ordinance ,shall be un- derstood as meaning th,�.t por' ion or: th , r.,i7_ T, ;^i_ch in iat , ;which 1 rises to the surface of the milk o standing• xi .�tared in or is separated by centrifugal force s r:. °::. : is AWL and clean, and contains not less than 18% milk fat * Me term omilk" as used in this ordinance, shall be understood as meaning such milk as conforms to VCquirements, she follotidng viz; (a) . Shall contain not more than 88% of water or fluids. (b) . SLaIl contain not 1csc than 12% of milk Sol- ids. 1 (c ) . Shall contain not less than 3,25% Of milk fats .. (d) Shall have a specific gravity of not less than 1.029 . (e) s Shall not contain any dirt or other matter or sediment. foreign acid (f) • Shall not contain any boracic or salicylic , formaldehyde, hydragenM,proxide, or other . er f©reign chemicals . (g) . Shall not contain any pathogenic ficteria. (h) . Shall not. contain bacteria of any kind in ex Coss of 500,000 per cubic centimeter, (A . Shall not have been drawn from an a communicable disease or shoring clinical symptoms y cow having nor have been drawn from a coti� out of a °f tuberculosis ,, herd of cattle having an diseased animal therein y , or any animal therein which is With or has been expose? to an communicableafflicted disease . (i. ) Shall not have been drawn from an toes n has been fed on a y which, g rbage, refuse , swi„ll, moist distillery waste, of other unwholesome food, (k) • Shall not have been drawn from any coif ,ji , 15 days before or 9 days aft _ t111�� after parturition of such cow . (m) . Shall contain all the cream therein. (n) . Shall not have been drawn, handled, kept or +w delivered under conditions contrary to a_ - of'this ordinance relating thereto . � she provisions of 1 .. 3 The term "Skim Llilkrr or"skimmed" milk, as used in this ordinance , shall be understood as meaning such milk as con- forms to every requirement of "milk" as defined above, e:�:cepting however, therefrom, the subdivisions (a) and (b) and (c )and "m) and shall be understood as meaning milk which any portion of the milk fat has been extracted, and which does not contain less than 9 ,25% total milk solids . The "term "dairy" or "dairies", as used in this ordinance , shall be understood L-s meaning a place or places where two or more cocas are kept for the production of milk, or milk products , a portion of all of which milk or milk products, is to be sold, or exchanges: for another commodity. The term "filthy" applied to milk, as used in this ordinance„ shall Le understood as Meaning such milk as is not securely protect >d against flies, dust, dirt, and as far as is possible by all reasonable means, from all foreigl; or injurious contam- inations. Section 2. PERMIT MUST BE OBTAINED. No person, .associati:}n of persons, firm, or corporation shall engage in the sale *of milk .or ,cream of any kind cr.' quality, or of any milk products, within the limits of the City of San`A tonio, unless and until he, they or it shall have first obtained a written permit so to do with 4 number ,. from the Board of Health of this City. Any permit so issued i s 'non--transferable . -4 Section 3. FEE FOR PERMIT . A fee of fifty ( 50y-) .cents shall be paid to and collected by the Secretary of the Board of Health of this City for each permit CLesued by it under. the pro- visions of this ordinance . Section 4. LIFE O.F PERMIT. EAch such permit shall have alife of o-ne -year or, fractional part ther.eof,onl-g and shai be issued annually t.o cover the period beginning January. lst each year and shall bear a distinctive number , Sbeti.on 5 , AP--LICATION IN VIRIT?NG BEFORE INSTJE OF PE-_UlIT & ETC. Each such -,permit, how ever , shall be issued only after written application is made thez,oi°or ., '-'_;e f orm of such application to be given by the Board of Health of this Citz,- up-, on a printed blank furnished by it; whic h written app].icat n sr)all state-. lst , The naiiie , residence, p st-of'f i- ce address, lo- cation of place or places of business , ancl, if applicartYs employE ., or principal ras headquarters at a place other than the said residence or post-o�'fice address, to them give the name of the employer or principal and the place of headquarters. 2r.d . The number cf cogs from which milk is obtainted for sale, and the kind of : ood which such ow s a.ro fed 3rd. The names and addresses cf all persons, firms , or corporaticr_s from whom milk or cream of any kind oil quaiity is o'�tained for the purp.)se of sale , and the rgates of transit Of SUL h milk or cream„ 4t-h, The said application shall be signed by suca applicant, and shall be accompanied by he permit fee hereixibe- for provided for. Section 6 INSPLCTION OF BUSINES`) P=,,4ISES «LSO REQUIRED BEFORE ISSU'] OF SUCH PERMIT, Boi'ore the isso_l-.ce of permit hereinbefore provided for , there shall 'ao made a duly authorized representative :)f the Hoard of Health of thi.s City,, an inspecticr. of the b.is:ln�,ss premises cf the applicant, or principal or employer of the applicant, both as to the place of production and the place of distribrtion, to determine whethev such premises are sufficiently clean and sanitary with regard to the stable , COWS, wagons, store and utensils thereof , and whether the food and eater provided -therein are pure and whole- some, and whether the co•:rs and other ani.,Mls therein are free from any contagious or infectious diseases, and vihether all persan,-c; engaged in the care , handling or delivery of the milk or cy.p-.J= obtained in or handled at any such premises, are free from contagious or infectious diseases, and whether such persons �� t due cleanliness in their said work; and said Board of Health must be satisfied, after such inspection, that the proper con-- diti ons exist to entitle the applicant to, the permit hereinbe- fore mentioned. a ; Section 7 : CERTIFICATE OF TUBERCULIN 2EST !'_LSO TO ACCOMPANY SUCH APPLICATION FOR PERIIIIT. Aeertifico.te of tu- berculin test from a. veterinarian recognized by the Texas Live Stock Sanitary Commission must accompany the application for the permit to sell milk or cream or any milk yroducts with the City , cl„r of San Antonio Section 8: LIST OF REC-OGNIZED VETERINARIANS TO BE POSTED IN OFFICE OF DEPARE, hTT HEALTH OF CITY . A list of the : times of,'veterinarians re gnized by the Texas Live Stock _ Sanitary Commission shall be pos d by the Board of Health of i� r';;z this Oity in the office of the Depat.tment of Health of this City. Section 9: TWO CONVICTIONS FOR VIOL_`TION OF STATF, LAW OR THIS ORDINANCE SHALL AUTO KkTI CAL LY FORFEIT PERMIT . IMy person, association of pero)ns, firm, or corporation who shell be convicted truce for having sold, offered for sale , exposed for sale, had on hand for sale , or delivered, any adulterated milli o,° cream or any milk products within the limits of the City of San Antonio, as ,..such offense is defined and denounced under the pre- sent Jam or any subsequent provisions of the lags of this State , or who shall be convicted twice for any violation of any pr.o-- vision of this or any subsequent ordinance of the City of San Antonio relating to the productio-,, core , handling, delivery, and sale or exchange of any milk or cream, or any milk pr-odu.cts shall thereby immediately and automatically ior:ceit his, theix , c:r its permit issued under the Drovisions of this ordinance Section 10: CH_'_NGE OF I,OC.1iII10N OF BUSINESS t11IUS'�. -� REP0RiED: If any person, association of persons, firm or. tion having the permit he:�einbefore mentioned, sha11 change lz their Dot its place or places of ousiness after the issu2,nr�e ther`: 6 of, a written notice of such change or changes shall be forte with delivered to the Board of Health of -this City, and,before such person, association of persons, firm or corporation . shall u _ allowed to carry on their said business further , the premises at such ncr, location or locations shall be first inspected by a duly authorized representative of the Board of Health of this City, and the written permission of the sa*Ld Board of Health (it being satisfied tha ' the conditions exist at the hew location or locations which are required by this ordinance ) shall be ob— tained? therefor . Section 11 : SCORES RE(�UIRE) OF DA-IRIES: PASTEURIZED 1�,' Z:L OR CREAM EXCEPTED. No milk or cream or any milk products' ' shal '_ ae sold, offered cr exposed for sale, or had on hand for sale, or delivered , within the City of San Antonio , except sucg" milk or cream or milk products has come from a dairy which has obtained a score of not less than 50 points according to the scc,:,,• card of the Dairy Division of the Department of Agriculture of the United States, such score to be decided by, notified to, and recorded. as herein provided. Provided however , that the afore— said score of not less thm 50 points shall be permitted for a period of three months only after this ordinance has become effect ive, after which time , the score required shall be not less than 60 points. Provides' however , that milk or cream obtained from any dairy not so inspected and score. , and vrlaich is shipped into this City by railroad, freight or by express, may be sold, or offered for sale or delivered with the City of San Antonio , if the same has first' been yDasteurized in the manner provided in this ordinance . Section 12: REPRESENTATIVE, OF BG__RD OF 71TE,_,1L7H TO INSPECT AND GIVE SCORES , The score or scores hereinbefore re quired to be made by dairies shall be obtained through a duly authorized representative of the Board of Health of this City, and no other person, after a thorough inspection and him made and conducted_ . .s r � .- 7 „* Section 13 , E.XAM1NATIOI1IS FOR SCORES TO BE P,liDE VIHEN DEEI�2ED ADVISABLE BY BOARD OF HEALTH. Examination of dairies for the purpose of giving scores shall be made as often and con- ducted in such manner as the Board of Health of this City shell AermLie . Section 14: SCORES TO BE RECORDED AND BOOK OF SUCH SCORES DEEKED TUBLIC RECORD OF WHICH NOTI"E IS RECUIRED TO BE TALEN . After such ^xamination, the report of such score shall be made in w:oiting to the Board of Health of this City, which report shall be signed by the representative thereof so making, and shall be recorded in a well-bouiid book to be kept for that pur T '.se by the Secretary of the i oard of Health of this City. And such record shall be deemed a public record, open to the in- _ spection of all persons on demand : ithin office hours . And all persons, associations of persons, firms and corporations engaged in the business of selling or delivering milk or cream or any milk products within the City of San Antonio, either to the consumer or the midc_lemen, shall take notice of all scores made andrecorded in such book of -record. Section 15 . DAIRY SV3LES; CONDITIONS RECUIRLD AND COWS THEREIN. Dairy stables shall be so constructed as that there is allowed ample air and light for the cows therein, and shall be painted- in some light color or whitewashed once each year . The stables shc,ll be kept free from dirt , bust cobviebs and four odors, and the celings thereof shall be dust-,3roof .. If horses are kept in the same building, they shall be separated from the covis by a tight and subs.cantial partition. No other animals or any shall be allowed in dairy stables . The floors of all dairy Sty shall be so constructed that they can be kept sanitary and cleo i. The urine and manure, thereon• shall be removed twice daily, arrd_ i e ~oaken at least fifty feet from such dairy stables and placeE -.,lhel the coc?s cannot :get at it . Manure shall not be th.rown out of the dairy, stable windows . The manuro 0,j1d Taste from cows shall be N r placed in substantial receptacles and removed from the ,)remises of the dairy stables at regular and short intervals of ii�re Food and hater for cows in such dairy stables shall be :mpl•� wholesome . No such cows shall 'be fed swill, garbage or of her unwholesome substances . If m^:lt is used for such cows, the same shall be I-ept in a sanitary condition. Coils in dairies shall r_oi, be allowed to stand in mamire or filth. Such cows shall be kept clean, and no manure, litter or other noxious subota.nces shall be allowed to become cal-ed or dried on them. Section 16 , DAIRY S TY BLES: MILKERS , TH I R U TENSI:US , ETC . All Milkers in dairies shall thoroughly mash with clean water and wipe their hands, and shall crash with clean vrater o-nd wipe V? o cows' udders before they begin to milk, and their outer garments shall be clean. They shall not use the pails, cans or other necos- sary dairy utensils which come in contact with the milk, unless the same shall have been thorou hly i-rashed in clean, hot water and soap, or hot -rater and soda, and shall be afterwards sterilized with boiling slater or steam. Cans shall be after ards sterilized with boiling water or steam. Care bhall be taken th_.t the seams and faucets of such vessels are thoroughly cleaned with a brush, imilk- ers shall regrain from milking or handling milk in any when in themselves or-their -f�:miliea or their families, there is even a sus- picion of any contagious or infectious disease , such as small-pox, scarlet fever, diptheria,, t3xphoid fever, tuberculosis or the like . All employes in such dairies shall be subject to physical examina- tion at any time by a duly authorized representative of the Board of Health of thi s City. Section 17 , TUBERCULIN TEST R.E(�,UIRE7 OF CERTAIN CAI- TIE . All cows, fresh or dry, and all cattle over one year of age , in dairies from which milk or cream or any milk products are fur- nished to the ;persons residing in the City (f San Antonio , for c on- sumption, shall be tuberculin testes_, and inspectec' for all con- tagious or infectious diseases at .. Section 18 . HO?'V TUBERCULIN TEST SHALL BE MADEt a ETC . All dairy cattle , hereinbefore named, shall- be tuberculin tested once each year , and .in case any react6rs are found, such cot, shall be re-tested within six months thereafter . .tll cows re- acting to the tuberculin test shall be indellibly marked With tho branded letters "IB" on the left shoulders thereof by the duly authorized representative of the Board of Health of this City, and shall be separated by the owner or person in charge thereof, from the :kx other cow or cods, if any, and shall be kept permenantly apar from them, and no milk shall be taken from such reacting cow or cows to be used for the purpose of sale or manufacture of milk products. SECTION 19 . COWS TUBERCULIN TESTED SHALL B E E D BY METHOD J",DOPTED BY BOLRD OF HEALTH. All cattle which shall be. tested as hereinbefore provided, shall be marked by some method adopted by the Board of Health of this City. Section 20. REPRESENTATIVES OF BOARD, THEIR POWERS OF INSPECTION, & ETC . All persons who are duly authorized repre- sentatives of the Board of Health of this City, are hereby empowered to examine all dairy herds or cows, utensils for handling milk or cream, and to open any can, vessel or package containing milk or cream or any milk products, whether sealed, locked or otherwise , and take samples of the milk or cream of any milk products for teUt- ing or analysis; and, if upon inspection or analysis, the milk or cream be found to be filthy, or the can or other container is in an unclean condition, the said representative may then and there c on- dem the same and pour out such milk or cream, whatever its hind or quality, upon the ground, or, if upon such inspection or anal,7:11s any milk products are found to be unsanitary or filthy, the same racy then and there be destroyed by such .representative; and he shall., if this be done in good faith, be held harmless in damaa.gos therafor, in any suit or demand, as like,-iise sh-,:i.1 be the City or any of i `s officers or enri loyees and the ,_ __. ,. � _ _ . _ „ ... - : - ��J: .. � -, ,- �1i� 10 M Section 21 . CARE OF MILK !AFTER MILKING. Immediate- ly after milking, the milk shall be removed from the stable into a milk room securely screened from all flies n nd other harmful insects, and aereated and coolee to at least `60 degrees temperature Fahrenheit, and shall be put into perfectly clean containers * Such milk room shall at all tires be kept in a clean and sanitary con- . dition. Section 22, RAW MILK OR CRF,i,_M$ THEN CONSIDERED UN.. SANIIA.RY; Ratio milk, or cream, shoring an abnormal fermentation, shall be considered unsanitary and unfit for consumption as human food; even when pasteurized , 1� ,, 411_� Section 23 , WHLT PASTEURIZED iy 11K OR CREAM SHA.IR OR SHtiLL NOT CONTAIN$ Pasteurized milk or cream shall contain not more than 50,000 bacteria per cubic centimeter, nor more than, one per centum of the number of bacteria container_ in the product before pasteurization, and shall not contain any pathogenic bac- teria . Section 24. PISTEURI SED MILK OR CR1:1,_-J,,' TO BE SO1D ONLY IN BOTTLES, & ETC , Pasteurized milk or cream shall be uo:I d only in bottles which have been sterilized in live ste2m or boiler „ Section 25 , TEMPERnTURE REQUIRED FOR 11ILIK OR CREA.Tf,1 FROM TIME OF VRODUCTIOr TO DELIVERY . All milk or cream, of what- ever kind of quality, which is sold or del i vorec., shall, from time of leaving dairy, to time of the sale and d6livery to the consumer. , be kept at a temperature of not more than To degrees Fahrenheit . Section 26: MILK CONTAINER TO BE USED ONLY 02 THAT PURPOSE . No milk container, shall be used for any other purpose than the reception of milk. Section 27: CAP BOTTLES TO BEAR N'i IE, P:1�'JIIT r1ul=- BER AND QUALITY OR KIND OF MILK 02 CRALM. The cap of all bottle,• milk or bottle-co cam shall bear the nnme and permit number of t>) producer thereof, and shall also be r the hind or quality of the milk ore ream therein contz i4ed. 6ection 28: NO V.,APER SYLIT-L BE CARRIED ON IIJI11K ILl- G- ONS - NO WiAer for an ' arnose whatever shall be ca-^rj_ed on m-LI71. 01)0ratinZ within the City of SL.,n _'.ntonio J_n tie deli'rer�r Or SaIc Of Vny of the different kinds or qualit-ibs of milk or cream -c)rovided for in this ordinance . Section 29: 2."-STEURIZED MILK OR CRILMYT; 17HEi1 TO J_:j BE DELIVI�!,;D: Pasteurized railk or c2nari shall be delivered to 'Ghr consur,ier not more thairi thirty hours after the comple'Gion of the -0roceso of pasteurization thereof . Section 30: Id RE IvITLK OR CR J_M SlUiLI BE BOTTLED ,Z D milk or creai.a of any kinCI, or ouali"';Y, put up it bottles shall be bo-btle- 7.nd ca-pr.e0l. at the dAiry "building re-,U*I_,,,,_C - lY use,,, for that purpose , and norIlheru else , Section 31: DTS'E"' 3T] TN OF DAIR'f2 111 OR EIT LOYEES TO DIL] REPORTED, EM. Should. scarlet fever , "Ma i"-ro:diptheria, typhoid lever or other contagious or infectious occur. in the J[7 Mily of al-4y dairymen, or aiiong r111Y o-_ Ilis employe( or their families, or, in 11y house or building ii.L ,-11hich :Alk. Or cream Of an,77 kind or. I ep-� or I,UC.I C,,iirynnn, or his employees or other 1�orsoj-L 2w I c I I - I I s',all -',_Y,,r_-%eC�iate:Ly n ot i-_F y t h 0 H e,,),'I t h D a-")a r t iii ont or thi:� 0 i t T t i o - - f� C;0 o such fact, and a LIL, U of Io TO,- 0 0A, Hc of thi s City shall theretpon immoclia-L';ely can6i order V-1c sale and deliver o-�- order the sar,�e y 0j" such milk or c eo,111 U sold under sucli as the BoL:.rd of Hor),lth o-,: thii3 City shall docin best , Section 32: :",'-!LURE TO SO NO'IFY DESTRUCTION OF 1,L-ILH, (C- ETC. Should any OL.Arjriar, vc;r.("o- , cr ;Jhip-- per of any milk or c.roaiaa, of wh,,tevnr 17 j n I I _ CL or Flu .lily, f t- notify the Bol-rC. o-'I -ITealt"I! of this Ci-1-,ys ho-rcinaocvc, p-ovid,-�(-L of any contagious oft 'D\T 'U' homqellcr; any members of 'their families or member of their households, or by any of their employes or ary member of any of the families of their employes, or .aho, after such information is given, shall fail to comply with, the directions of said Board of Health, any duly authorized relaresentative of said Boar. of Health is here- by authorizes_ to seize and to destroy all such milk or cream com- ing from any such dairyman, vendor or shipper , wherever the same may be found within the City of San Antonio, and such representat- Ive of the said Board of Health, the members of said Board of Health the City of San Antonio, and any and all its officers and em- ployees or servants, when acting in such matters in good faith are hereby relea,sej and held harmless:; from all damages that may result from such action% Section 33. DELIVERY ii _GONS TO BE a0 CONSTRUCTED AS TO PROTECT 11ILK :.ND CRAM, All vehicles for the delivery of milk or cream 62 any milk products shall be covere-e ;,ri.th some substanti:,l material so that the milk or cream or any milk pro- ducts handleeel therein shall be thoroughly protecte�, against sun and rain. Section 34, DELIVERY ti7.1GO11S TO BE USED FOR NO OTHER PURI)OSE, T;bilk delivery vehicles shall not o used for any purpose which will render them unsuitable for the proper sani- tary delivery Of any ;Wilk or cream olt any milk products . Section 35; MILK DELITERY VEHICLES TO BE KEPT CLEAN AND SiINITARY , Milk delivery behicles shall be kept in a cleanly condition at all tiizes , and shall be kept free froi,a any sub- stance liable to contaminate the ;Wilk or cream places. therein. Section 36; DELIVERY 3EHICLES REr,,UIRED TO HAVE FAINT ED THEREON NAME P AND INTU7 .:BjR Or rE.Fj L!T o No per- son,son, association of persons, firm, or corporation shall use any be-i cle for the Celivery of milk or cream or arV milk products within the City of S iN lintoni0 .-ihich has not pain-teC, therein on both sides Of the body the-oeof, in legi#hle lctter>; _e st three inches in 13 - height and placed in such a position on such vehicle as to be plain- ly visible to ordinary sight, the name of his, their or its dairy, and the number of his, their or its permit * Section 37 : NO MILD BOTTLE SHALL BE OPENED LND F.ECAPPED AF2ER ONCE FILIED LED C1.PPED. No bottle containing any kind or quality of milk or cream shall be opened or emptied wholly or partially, or re-cap1oec., after once having been filled and capioed, except to be the consumer thereof . Section 38: PREMISES NOT BE E!�TEREED IN DELTVERY OF JIILZ OR CREAM WHERE THERE IS I_NY INFECTIOUS OR CONTAGIOUS DISEASE. In delivering any kind or cuality of milk or cream to any house , room or building,in which any person therein is suffering from any contagious or infectious disease , the party so delivering shall not knowingly enter the premises whereon such house, room or build- ing is situated, neither shall he permit his bottles of milk or cream or milk or cream in other vessels, to be taken into such premises, but he shall pour such milk or cream into vessels furnished by the person residing in or at such premises, and not otherwise . Section 39: MILK OR CREAM TO BE DELIVERED ONLY IN BOTTLES. EXCEPTING W—H `.THEN SAME IS tONSUMED 1.T PL�'_CE WHERE SOLDO AND IN CASE OF BONA FIDE WHOLESALE DEALERS IN MILK, ETC. No person, association of persons, firm or corporation, shall have , sell , deliver, offer for sale, expose for sale, or keep on hand for sale or delivery, any milk or cream of any kind or quality whatever, except it be containee, in bottles which are sanitary and tightly closed and capped, or be contained in receptdcles I a siimilar char- acter which have first been approved by the Board of Health of this City. Provided however, when any such milk or creamis sold or cle- . livered on the premises of the sale 6w-&eii6%&W for t-he immediate consumption thereofi., the same need not be sold or delivered in bott- les l as aforesaid Alid, provided further, that t-his requirement o1al-L - � 3 not apply to bona fide dealers in milk or cream, off' whatever quality or kind, at whole sale ,who sell in a ,iY:a:LF3 sale and e?elivery a quantity of not .. 14 w less than one gallon of milk or two quarts of cream, and which deal- ers than and there have a substantial refrigerator , lined with metal or porcelain, in a tight and sanitary condition and with suitable ventilation thereto, from which such sale and delivery of such milk or cream is made; a.nd that such wholesale dec.ler shall then and there have in a room separate and apart from the room in which such refrigerator is located, suitable and adequate cleansing vatsi, steam pipes and jets or tot-water containers For the tteri- litation of all milk utensils, and substantial and adequate drain- a { 4 . racks, and substantial and adequate tables for the draining of large f. quantities of milk utensils, respectively; and that such wholesale v dealers shall then and there have , and shall at all times, keep the refrigeratorsroom or distributing -room or sales room and the wash room used in connection- with the business thereof, ina clean and sanitary condition with regard to the celings, walls, and floors thereof, and that the vit)ndows or doors or other openings in such rocros shall be securely screened against all flies or other harm- ful insects from without, and that the same on the inside shall be at all times kept free from all flies or other harmful insects; and that such wholesale dealers shall use utensils, in the handling of such milk or cream, which shall at all times be kept cleam, free from rust and rough surfaces, and shall be sterilized on the inner and outer surfaces , before using, by exposure to a temperature of n not less than 212 degrees Fahrenheit ; and that such wholesale dealers shall not store or place any substance or article other than milk or cream (excepting however only butter) in the refrigerator hereinbe- fore mentioned, and that such refrigerator shall be constantly kept at a temperature of 50 degrees wahrenheit or less, Section 40: PLACES OF BUSINESS VIHERE IvTILK OR CRE='.M IS SOLI, TO BE FURNISHED HCV M No milk or cream, of whatever kind or quality, shall be sold, offered for sale , exposed for sale ,kept on hand for sale , or delivered at any store or other place of busi- ness , unless such paces are fur-dished with a substantial tight anC'L sanitary refrigerator, in which such milk or crc.am shall be kept and maintained at a temperature of 50 degrees: Fahrenheit or lower , -- l5 -- And such refrigerator shall not contain articles of food or sub- stances other than such milk or cream, e-'.-cepting however , only but- ter . And such refrigerator shall be well lined on the inside w ith porcelain or metal . Section 41: GROCERS &: ETC. SEILING MILK OR CMU,7L RE- QUIRED TO IABEL CONTAINERS AND TO POST N',T, ES AND ADDRESSES CF MILK PRODUCERS . All grocers, makers, restaurants or other places of business selling milk or cream or pasteurized milk or shimr,ea milk over their c oanters, shall keep the names and addresses of the sell- ers to themselves of such. milk or crearp, or pasteurized milk, or skimmed milk, posted and plainly visible to the ordinary eye and in a conspicious place in such business premises, and shall also post opposite -the said names and addresses the kind of qualitty of said milk or cream furnished by such sellers , so that the same may be plainly discerned bjr_ the patronizing public. Section 42: PASTEURIZED MITK OR CREAM SOTD 111 ST BE PRODUCED IN 'IL.NNER 1�ND UNDER CONDITIONS PROVIDED FOR IN THIS ORDINANCE. No person, association of persons, firm or corporatio_,I, or any person for him, them or it, shall sell , offer for sale , ex;)oue for sale , or have on hand for sale, or deliver any pasteurized milk or cream, or what purports to be pasteurized milk or cream, unless the same shall have been produeed, transported, stored and pasteur!Lr-- zed in accordance with t-he provisions of this ordinance relating thereto, Section 43; AFPLICATIONS TO BE MADE BY THOSE DESIRING TO PASTEURIZE ITILK OR CREAM. Any person, association of per- sons, firm or corporation desiring to pasteurize milk or cream far sale within the City of San Antonio shall first make application in writing to the Board of Health of this City and obtain from it a permit to do so, which permit shall be granted by said Board upon the compliance of such applicant Frith all the requirements of this ordinance which can be complied with antecedent to the actual pasteurization and sale of such mil11 o:r crea:a. 16 Section 44: PENALTY. Any person, association, of persons, firm or corporation selling, delivering, or offering for sale , or exposing for sale, or having on hand with the intention of selling, any milk or cream, according to the avrious defini— tions given in this ordznanc,e, which fails or refuses to comply with any provisions of this ordinance, or violates any provisions of the same, shall , upon conviction for such offense , be fined in any sum of money not less than Tvienty-Five Dollars nor more than Iwo Hundred Dollars . And each day' s violation of arjy of the provisions of this ordinance shall constitute a septtrate and distinct offense . Section 45: IF ONE PROVISION VOID, THIS NOT TO IN VALIDATE OTHER PROVISIONS • If any provision of this ordinance, or any portion or clause thereof, shall be determined by a competent court to be void because unreasonable or in conflict with the State Latin or for any other reason the same shall be declared to be unenforcable; such holding or declaration of the court shall not invalidate or effect any other portion, clause or provisions of this ordinance . PAS` t3"A£1I} -APPROVED_ this 14th day of December,, .41•.D, CLINTON G. BROWY, MLY0Re Attest; City Clerk. ar r r r r .. r �. .., .. .r. �. .� r rn •w rr