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HomeMy WebLinkAboutOrdinances - No. 343Ordinance No. 343 An Ordinance Amending Ordinance No. 188, Being nAn Ordinance to Regulate the Sale and Handling of Milk in the City of Lodi; /"' +,< , .L. Providing a Penalty for the Violation Thereof; and Repealing All Ordinances and Pmt6 of Ordinances in Conflict Therewith," By Amending Sections 1, 2, 5 and 7 Thereof. -7 3J-r ___/- The City Council of the City of Lodi doe6 ordain as follows: to-wit : Section. 1. When Ordinance No. 188 is herein referred to, it shall mean that certain ordinance entitled "An Ordinance to Regulate the Sale and Handling of Milk in the City of Lodi; Pro- viding a Penalty for Violation Thereof; and Repealing all Ordinance6 and Parts of Ordinances in Conflict Therewith." Section 2. same is hereby amended to read a8 follows: Section 1. (a) Whenever the term "Milk and Xilk Products That Section 1 of Ordinance No. 188, be and the Actn is used in this Ordinance it shall refer to and mean the nadilk and Milk Products Act of 1941" as defined in Division 4 of the Agricultural Code of the State of California, as amended. (b) Definitions: Definitions of terms a6 used in this ordinance shall be identical with those of the same terms a6 used in the Milk and Milk Products Act of 1941. (c) The term flmilk" as used herein shall be construed to mean the milk of cows and/or goats a6 distinguished from the milk of sheep or other animals, which is supplied to the consumer in the natural fluid state, or prepared for humas consumption without being converted to any other form of product, a6 distinguished from manufacturing milk; and provided, however, . -a- that dairies with only one cow are hereby exempt from the pro- visions of this ordinance. (d) Milk shall contain not less than three and four-tenths per cent (3.4%) of milk fat a8 a minimum. (e) The term nHealth Officerfl shall be construed to mean the District Health Officer of the && Joaauin Local Health District , or his authorized representatives. Section 3. That Section 2 of Ordinance No. 188, be and the same is hereby amended to read as follows: Section 2. CERTAIN SALES PROHIBITED: It shall be unlawful for any person, firm, association or corporation, by themeelves or their agents or employees, to bring into or receive into the City of Lodi, for sale, or to sell, offer or expose for sale or exchange, 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, trans- ported, processed, labeled, kept or sold in accordance with all the provisions of the Eilk and Milk Products Act of 1941, the rules and regulations promulgated thereunder, and the provisions of this ordinance. Section 4. That Section 5 of Ordinance Eo. 188, be and the same is hereby amended to read as follows: Section 5. PERMITS: No person, firm, association or corpora- tion 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, any milk without first obtaining a permit from the Health Officer to conduct such business -3- or distribution nor shall any person sell, offer for sale or have in his charge, custody or control any milk purchased, acquired or received from or produced by any person, firm, association or corporation engaged in the production, processing or distribution of milk for retail redistribution, who has not secured or does not possess at that time such a permit. 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 determined that such person, firm, association or corporation has complied with all the pro- visions of the Yilk and Milk Products Act of 1941 of the rules and regulations promulgated thereunder, and of this ordinance, No permit issued under the provisions of this ordinance shall be sold, assigned or transferred. Permits issued under the provisions of this ordinance may be revoked by the Health Officer upon the violation by the holder of any of the provisions of this ordinance or in any emergency when in the judgment of the Health Officer the milk supply in question has become a public health menace. Section 5. That Section 7 of Ordinance No. 188, be and the same is hereby amended to read a8 follows: Section 7. GRADIUG OF MILK: All milk sold or distributed in the City of Lodi shall be graded as hereinafter provided and it shall be unlawful 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 fails to conform to said grading. 1. Grade A Pasteurized Milk. 2. Grade A Pasteurized Cream. -4- All grades of milk shall be produced and handled under and shall conform in every way to the provisions of the Milk and Milk Products Act of 1941 to the rules and regulations promulgated thereunder, and to the provisions of this ordinance relating to said grades, except as hereinafter provided. (a) The maximum bacterial count on Grade A Pasteurized Milk before pasteurization shall be fifty thousand (50,000) per milliliter. (b) Grade A Pasteurized Cream shall conform to all of the requirements as prescribed by this Ordinance for Grade A Pasteurized Milk except that it shall contain not more than one hundred fifty thousand (150,000) bacteria per milliliter before pasteurization, and not more than forty-five thousand (45,000) bacteria per milliliter after pasteurization. It shall contain not less than 20$ butter fat, and shall be bottled on the premises where pasteurized. (c) All persons engaged in operating a pasteurizer for the processing of Grade A Pasteurized milk and Grade A Pasteurized cream shall first obtain and hold a written permit to do so from the Health Officer or his authorized representatives, said permit to be known as a pasteurieerrs permit. application for such permit, the Health Officer or his authorized representative shall examine into the qualifications of the applicant and every applicant shall satisfy said Health Officer Upon receipt of an or his authorized representatives of his qualifioations and Shall have a thorough knowledge of the provisions of the law which he must comply. Any pasteurizer's permit may be suspended or revoked by the - Health Officer for violation, by the holder thereof, of any of the provisions of the Milk and Nilk Products Act of 1941, the rules and regulations promulated thereunder, or of this ordinance. Section 3. This ordinance shall take effect and be in full force from and after thirty (30) days from its final passage. I hereby approve the foregoing Ordinance No. 343 this 19 day of Februarv 1947 Attest: 7 / ,' - ._ STATE OF CALJFORNIA, COUNTY OF SAN JOAQUIN, CITY OF LODI ss I, J. F. BLAKELY, City Clerk of the City of Lodi and exofficio Clerk of the City Council of said City, do hereby certify that the foregoing Ordinance No. 343 was regularly introduced in the said City Council in regular meeting held February 5, 194.7 and ms thereafter passed, adopted and ordered to print in a subsequent regular meeting of said City Council held on the 19th day of February, 1947 by the following vote: AYES: Councilmen, HASKELL. LYTLE AND RINN NOES: Councilmen, NONE ABSENT: Councilmen, RIGGS AND TOLLIVER I further certify that the said Ordinance No. 343 was approved by the Mayor on the date of its final passage and adoption and that the same has been published according to law. Dated: Februarv 19.19L7