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HomeMy WebLinkAboutOrdinances - No. 188_- . The City Council of the City of Lodi does ordain as follows: SXCTIOlJ I, DX3'IBITlOl~S: Definitions of terms as used in this ordinance shall be identical with those of the same terms as used in the General Dairy Law of California (Chapter 392 of the Statutes of California, 1923, and all amendments thereto up to August 17, 1931) and the Pure Nilk Law of California (Chapter 888 of the Statutes of California, 1927, and all amendments thereto up to LiuRxst 17, 1931) except as hereinafter provided. The term "milk" as used herein shall be construed to mean the milk of cows and/or goats without exception, as distingiished from the milk of sheep or other animals, which is supDlicd to the consumer in the natural fluid*'state or prepared for human consumption without beinr-. converted to any other form or product, as distinguished from manufacturing milk . .,. Piilk shall contain not less than three and four-tenths per cent (3.45) o€ milk fat as a minimum. The term "Health Officer" shall be construed to mean the District Hedth OfFicer of the San Joaquin Local Hedth District, or his authorized repro sentat ives, SdCTIOB 11. CZHTAIN SALES PdOHI3ITdD: It shall be unlawful for my person, firm, association or corporation, by themselves or their agents or employees, to bring into or receive into the City 03 Lodi, for sale, or to sell, offer or expose for sale or exckange, present or deliver to any creamery, milk pasteurizing plant or other buyer, consumer or user of milk, or to knowingly purchase or receive any milk which does not conform wholly and in all parts to, or which has not been produced, handled, trunsported, -2- processed, labeled, kept or sold in accordance with all the provisions of the General Dairy Law of California and the :&re Eilk Law of California, the rules and refplations promulgated tksreunder, and the provisions of this ordinance. SECTION 111. KEXPIBG BIIILL: It shall be unlawful for any person, firm, association or corporation keeping any milk in any store, restaurant, bakery or other establishment to fail, refuse or neglect to keep the same, at slll times before tke sale or use thereof, in a clean, well- drained cooler or refrigerator. Suck cooler or refrigzrator shall be maintained at e temperature not exceeding fifty degrees (50 ) Pahrenheit at any time and shall. at all times be kept in a clean and sanitary c on d i t i on. ST,C'IITOU IV. RBidlOBAL OF COlU!AIK33S: It shall be urllauvful for any person, firm, association or corporation to remove bottles or other containers in which milk has been delivered, from my premises wkero there exists or has existed during the time of such delivery any case of any disease designated by the Health Ofl'icer as liEble to transmission by the removal of such bottles or other containers, except upon the order of such Hecllth Officer. SECTION v. PZRUITS: No person, firm, association or corporation engaged in the production, processing or distribution of milk for retail redistribution, Shall produce for sale, sell , offer for sale, distribute or have in his or their charge or possession for sale or distribution in the City of Lodi, my milk without first obtaining a permit from the Health Officer to conduct such business or distribution nor shall any person sell, offer for sale or have in his charge, custody or control my milk purchased, aoquired or received from or produced by any person, firm, association or corporation enguged in the production, processing or distribution of milk for retail redistribution, who has nod secured or does not possess at that time such ct permit. Applications for permits to engage in the production, processing -3- or distribution of milk for retail redistribution in the City of LOdi shall be made in writing to the Health Officer on forms furr~ished by his office, not less than five days prior to the time it is desired to engage in or begin such business. In no case shall a permit be issued to any person, firm, association or corporation subject to the provisions of this ordinance until the Health Officer has detormined that such person, firm, association or corporation has cornplied with all tke provisions of the General Dairy Law of California md the Pure Eilk Law of California, of the rules and rcgultztions promulgated thereunder, md of this ordinance In no case shall a permit be issued to my person, firm, associstion or corporation to sell or expose for sale or exchange, deliver or distribute any milk in the City of Lodi uuless thc dairy, source of supply or place of origin is regularly inspected by the Health Officer. Ho permit iesued under the, provisions of this ordinwce shall be sold, assigned or transferred. Permits issued under the provisions of this ordinance may be revoked by the Bealtk: Offiaer upon the violation by the holder of my of tho provisions of thi8 ordinance or in any emergency when in the judgment of the Ilealth Ofticer the milk supply in cluestion has become a public health menace. SECTION VI. FUBd3CULIE TZST: It shell be unlawful for any person, firm, association or Corporation to sell or exchange or offer for sale or exchange for human consumption any milk from animals thLt have not passed a tuberculin test applied Fmnually by a qualified veterinarian in the full-time employ of the Department of ligricultiire of the stttte of California, or n. veterinarian acceptable to and designnbted by said Department. If retlcting animals arc found they must be rexioved from the herd i:lmediately by the ovmer, must thereafter be kept separate and apart from any and all animals whose milk is produced for human consumption, and the non-reacting aniinals remaining in the herd must -4- be again tested in not less than sixty (60) days nor more than six (6) months by the veterinarian herein designated. After one year from date of passase of this ordinance, new permits, as required by Section Five (V) of this ordinance shall not be issued for the production, sale or distribution of milk until it has been demonstrated that herds producing such milk contain less than twenty per cent (z@) of reactors. NO animal shall be admitted to R he'rd producing milk under the provisions of this ordinance unless said aniinal shall come from a herd of non-reacting tuberculin tested animals, and said animal sb.11 be again tasted for tuberculosis if in the discretion of the Health Officer such re-test is deemed necessaryb A certificate signed by the veterinarian hereinbefore designated and filed with the Health Officer shall be the only valid evidence of the foregoing tyst s * Premises upon which dniraals reactlnq to the tuberculin test have heen found, shall, immediately after the removal of such reactors, be thoroughly disinfected in a manner prescribed by the Health Officer, S%CTXOIJ VZI. GEADIIJC: 02 iulIlX: A11 milk sold or distributed in the City of Lodi shall be graded as hereinafter pSovided and it shall be UrJ1cLtvfu1 for any producer, distributor or dealer to sell or offer for sale, exchange or distribution, or to present or deliver in said City of Lodi any milk which f&ils to conform to said grading. 1. Certified Milk. 2. Guermteed Milk. 3, Grade A Raw Milk. 4. Grade A Pasteurized Milk. All grades of milk shall bo produced and handled unaer and shall conform in every way to the provisions of the Pure Nilk Law of California, to the rules and regulations promulgatsd thereunder, and to the provisions of this ordinancs relating to said grades, except as hereinafter provided. - 5- (a) The maximum bacterial count on Grade A Pasteurized milk before pasteurization shall be fifty thousand (50,000) per milliliter. (b) All persons engaged in operating a pasteurizer for the , processing of Grade k Pasteurized milB shall first obtain and hold a written permit to do so from the Health Officer, said permit to be known as a pasteurizer's permit. the Health Officer shall examine into the qualificntions of the applicant and every applicant shall satisfy said Health Officer of his qualifications and shall have a thosough knowledge of the prorisions of the law with which he must c omply. Upon receipt of an application for such permit, I Any pasteurizer's permit may be suspended or revoked b3 the Health Officer for violation b,? the holder theroof, of my of the provisions of the Pure Itilk Law of California, the rules and regulations promulgated thereunder, or of this ordinance. (0) Grade A Raw Nil& shall conform to the following requirements as a minimum: the health of which shall be determined by physical examination once each month by the Health Officer md by a tuberculin test as required by Bection Six (VI) af this ordinance, It shall be producod on dairies which score not less than eighty pey cent (BOG) on the dairy farm score It shall originate from cows and/or goats, card adopted by the Department of Agriculture of the Stzte of California. It shall be cooled in accordance &ith the provisions of the Pure idilk Law of California arid the rule s and regulations proiriulgtited thereunder and on delivery to the consumer it &all contain not more than fifteen thousand (15,000) baeteria per milliliter, and not less than three and four tenths per cent (3.4%) of milk fat. with Grade A Raw milk must exercise scrupulous cleanliness ad must not be afflicted mith any communicable disease or in a coridition to disseminate the germs of typhoid fever, tuberculosis, diphtheria or other communicable disease liable to be conveyed by milk. of such germs in all such persons shall be determined by bacteriological and physical examination by the Healtk Officer, conducted ut the time of employment and every six month thereafter, zill persons who come in contact The ebsence SECTIOX '7111 TRBMSB3RXIiiG OR DIPPIUG KIE: Zfo person &all transfer any milk from one receptacle to another uQon any street or sidewalk or upon any vehicle or in any place except a bottling or milk room especially designed and equipped for that purpose except as may be permitted in writing by the Eedth OfCicer in the case of milk being delivered in bulk. The sale of dip or dipped milk is hereby expro ssly prohi bite d. SSCTION IX, SAL9 0" IdILic Ili Cll:STAiiT COdThI1J.3RS: It shall be unlawful for any person, firm, association or corporation, their agents or employees, to distribute, sell, offer for sale or keep with the intention of selling any milk in gumtitics of one gallon or less unless said milk is contained in tightly closed bottles which have been filled and mechanically capped or sealed in a bottling room properly designed and equipped for that purpose. S?3CTIOIi X. LASELING 03 COIiTEiII2 i;:<s: !vhen milk is distributed by any person, firm, association or corporation not regularly engaged in the business of producing, processing or bottling milk, tke name and address of the person, firm, association or Corporation producing, processing or bottling such milk as well as the nme and address of the distributor shall appear plainly and conspicuously on or be securely attacked to every bottle cap, bottle, can or other container. The distributor &all be responsible for the quality of the contents and the correct labeling of every container 03 milk as required by this section. The provisions of this section shall not apply to milk sold under a label or cap on wkich is displayed only th.e name and address of the original producer or processor. SECTION XI. PEHALTY: Any person, firm, association or corporation who aka11 violate any of the provisions of tkis ordinance shall be guilty of a misdemeanor and upon conriction shall be punishable by a fine of -7- not less tkm twenty-five ($25.00) dollars nor more than five hundred (@500.00) dollars, or by imprisonment in the county jail for not more than ninety days or by both such fine and imprisonment. Each and every violation of the provisions of this ordinance shall constitute a separate offenee. SECTION XII. ?.ZPEA% Or7 CONFZICTIUG ORDIiJ,UiCSS: Ordinance No. 143 of the Ordinances of the City of Lodi and all ordinances and parts of ordinances in conflict with this ordinance are hereby repealed. S~CTION XIII. Ui\COPaSTITUTI~iIXZITY CLAUSZ: If any section, sub-section, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not efiect the validity of the remaining portions of this ordinance, The Council hereby declsLres that it would have passed this ordinance, and each section, sub-section, sentence, clause and phrase thereof, irrespective of the fact th.>t any one or more other sections, sub-sections, sent~nce~, clauses or phrases be declared invalid. S3CTIXt XIV: D.lTL 07 XF3'3CT: This ordinance shall be in full force md effect from and after thirty (30) duyrj from the date of its final passage and approval. Approved and signed this first day of YebruJiry, 1932 Mayor of the City of Lodi I, J. 2'. BLdKZZY, City Clerk of the City of Lodi and ex-officio Clerk of the City Council of said City do Cemby certify that the foregoing OHDI1:hitCY NO. 188, was regularly introduced at a segular meeting of the City Council held Janu:,ry 18, 1992 and thereafter, on the 1st day of Februrirg, 1932, regularly passed and adopted by the following vote:- AY3S : Councilmen, Steele, Keagle, Roach, Vieihe and Spooner. NOES: Councilmen, None. ABSEIU': Councilmen, None. I also certify th,t the stlid Ordinance has been approved and signed by the Mayor of said City.