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HomeMy WebLinkAboutORD NO 406 WITHIN THE CI~ OF B)~ERSFIELD AND ~QUIRtN~ A P~0VIDING~R INSPECTION 0F PLACES AND ~NII~S..~.~.L~... .~?.:'"' ~:~UCE~ )2!D SOlD AND PROVIDING A P~ALTY ~H ~lO~Ar~ui~ BE IT ORDAINED BY T~ CO~CIL 0F THE CI~ OF B~RSFIELD, as follows: SECTION 1. It shall be ~lawful for ~y person, fire or corporation? ' either by himself or by ~enta or employes, _to ~ell, exCh~e deliver, or offer or expose for sale, exch~e or deliver withi:n'~ the City of Bakersfield, for h~ cons~ption ~y milk, crew, buttemilk or skimed milk without first havi~ obtained a ~em~:t so ~o do from the Health Officer of said City aa here~n~g'er .~.e~-~. eribod. Provided, ~hag dairio~ a~ which ~o~ more ~-' one kept, ~d which have complied with the State law relating thereto~ shall not be subject to the conditions of this Ordin~ce other ~h~ in the m~[er of ob~aini~ ~aid pemi[. g~CTIO~ 2 The p~mi~ provided for in 8os[ion 1 hereof ~hall bo by the Health Officer only upon the followi~ conditions:. (a) ~pplication therefor shall first'be ma~o upon a scribed loy the Health Officer which shall cont~~.n the ' 1. N~e ~d address of 2. Location of any place or plaeo~ a~ Which aueh milk~ bu[~emilk or skimsd milk, i~e~o be produced or a~ored 3. If obtained from ~o~her person, fire or eorpora~ion'~th~./ ation of' ~y ~d all places at.which such milk is bei~ or %o be"~. .. produced., a~ored or h~dled ~d ~he n~ber of gallons of obtained from each of such per~ons, fi~s,- or '~. The m~er in which such milk' is go be disposed delivered from house to house, the n~ber of w~ons or vehicles [.. used for that purpose. the Health'officer or his repre.sentative at all times. SECTION 5. (a) It shall be the duty of the Health Officer or his re- presentative to inspect or cause to be inspected at intervals as hereinafter set forth, all dairy farms, creameries or milk. depots, and other factories at which milk or milk products for sale or delivery or exchange in said City is produced, handled e.r stored. The intervals of such inspection shall be d~etermined at the dis- cretion of the Health Officer, provided, that inspection of such place or places shall be at least once every six weeks . He sh~ll score each dairy according to the official score card of the State. of Calif¢~rnia, and shall post a copy. of said score card. in every said copy. so poste, d ~hilI milk hou~e where market milk is produced ana~remain so posDe(~ until rem~oved by said Health Officer, He shall file a copy of such Score card. With the City Clerk not later than the first Mon- day followir~ the inspection and scoring~..~ provided herein, and said rating shall become a part of the report of the proceedings of the City Council, and be embodied, in the published report of the first co~acil ~meeting after said scores are filed.. (b) The said Health Officer may, at his discretion, upon dis- covery at any time of any violation of the provisions of this Ord. inance or of the laws of the State of California, revoke the permit o f the offender. SECTION 6. No person or dealer in milk, or employe or ao~ent of such dealer in milk or milk products, except such as may sell for con- sumption upon the premises where sold, shall give, furnish, sell or offer for sale or deliver within said City any milk, buttermilk, skimmed milk, sour milk, whey or cream in quantities ~ess than one gallon, unless the same be offered for sale, exposed for sale, sold t ,or delivered in .sanitary, transparedt glass bottles or such other receptacle of similar character approved, by the Health Officer or his repres'.antative. Said bottles or receptacles shall be capped. immediately after filling the same, which filli~ and capping shall be done only in a milk house or creamery, the sanitary condition of which has been approved by the Health Officer. 5. Such other information or data as the Health Officer may from time to time require. SECTION ~. (a) Application for said permit shall be accompanied by a .certificate issaed by a licensed veterinarian, approved by the Health Officer, to .the effect that all cows from which any,part Of to produce milk such milk is being obtained are in no' way ~nfi~^for human consump- tion. Said certificate shall bear a date not more than thirty (30) days, previous to the date of the application, and at the expir- ation of six months from the date thereof, and of each six months thereafter, another similar certificate shall be filed with the Health Officer, ~to ~he effect that said cows hav. e again been ex- amined s~nd found not unfit for the production of'milk for human consumption. Said certificate shall also contain a' record of the application of the tuberculin test for all dairy herds from which the products are sold in a raw state. (b) Inspection by the Health Officer, or his representative, of the places or place where said milk or ebher milk products as enumerated above, is produced, stored or hand.led shall reveal the fact that such milk or milk product is beir~ so produced, stored or handled in a clean and sanitary manner, and that there is no evi- dence that any person or object coming in contact with such milk or milk product at any time from its production until its delivery to the ultimate consumer, is contaminated by or infected with the germs of any conta~?~ious or infectious disease liable to be convey- ed by m~lk or milk products, and that the provisions of th~ Ord- inance or of the laws of the State of California regarding the production and handling of milk and milk products are being fully complied, with. 9ECTION 4. tt shall be the duty of es. ch person, firm or cor-ooration to whom~a permit is granted and. er the provisions of this Ordinance to deep an accurate record of all milk delivered, which record shall include the name and address of the customer and the quanity of milk delivered eaCh day, such record to be open to inspection by -2- SECTION 7. For ~the purpose of this' Ordinance, Grade "B" milk s~hall, in addition to the requirements and. specifications of such milk, set forth' in the laws of the State of California, conform to the following requirements and specifications: (a) All Grade "B" milk must be pasteurized, before being offer- ed for sale except when sold in bulk to plants where the same is to be pasteurized and when~ sold in bulk to plants each container shall be plainly labeled Grade "B" milk. (b) It must be plainly labeled upon the container in legible Characters, in Blue ink, Grade "B" Pasteurized, together with the name of tlhe dealer or producer, and day of week of oasteuriz~. and botti ing. (c) It must contain at least 3.25 per cent of butter fat. (d) No person; firm or corporation shall bottle or sell or offer for sale any Grade "B" milk at or from any plant where Certi- fied or Guaranteed or Grade #A" milk is bottled, sold or delivered SECTION 8. For the purpose of this Ordinance,. Grade "A" milk shall, in addition to the requirements and specifications of such milk s~et~ forth in the laws of the State of Califomia~ conform~to the fol- lowing, requirements and specifications: (a) It must be plainly labeled upon the container in legible characters, in red. ink, Grade "A" Raw, or Pasteurized,, as the case may be together with the name of the dealer or producer and day of week of pasteurization or bottling thereon. (b) It must contain at least 3.25 per cent. of butter fat. ~t 9m) grade "A" Raw to add new cows to the milking herd until they halve been tuberculin tested by a licensed veterinarian and found free from tuberculosis and a satisfactory certificate of such. test to be kept on file subject to inspection of the Health Officer or his representative upon demand. -4- SECTION 9. For the purpose of this Ordi~-~nce; "Guaranteed" milk must at all times conform to requirements and specif'ications~i~,fo..rJ~such · milk set forth by the laws of the State of California, and. in addi- tion to the following requirements and specifications which shall. ' be determined by examination at least once each thirty (30) days: (a) It must contain not more than ~0,000 bacteria per c.c. if sold raw, or 10,000 bacteria per c.c. if pasteurized. (b) It must come from cows free from ~tuberculosis as deter- mined by tuberculin test, whether sold Raw or Pasteurized.. (C) It must be plainly labeled upon the container in legible characters, in black ink, "Guaranteed" milk, together with the name of the dealer or producer. (d) Ail grade of milk for human consumption must be cooled immediately after milking to the low,est temperature practicable, ~ · and still conform to the required bactericlogical count. (e) Ail milk for hunam consumption of whatever grade shall be held at a temperature net to exceed (50) fifty degrees Fahr,, as follows, Guaranteed and Grade "A" Raw milk f~om the time it reaches the plant.of the person, firm or corporation selling or offering such milk for Sale up to the time the same is delivered to the ultimate consumer; all pasteurized, milk from the time the same may be pasteurized up to the time the same is delivered to the ultimate consumer. SECTION 10. Aill wagons or conveyances used for the purpose of distri~ buting or delivering milk within the City of Bakersfield shall bear plainly marked upon the side thereof in legible characters not less than 3 inches high and 1½ inches wide, the permit number under which such milk is being sold or delivered, and ~e.n~ne ai~d, addres,M of the dealer,, together with the grade of milk ~sold, such grade marked in letters not less than 5 inches high and 2~ inches wide. A copy of this Ordinance must be posted in a conspicuous place in every milk house, factory or plant where milk is produced.or handl ed. -~- SECTION 1.1,. The.. Health Officer of the City of Bakersfield shall con- demua 'or exclude from sale in the City .of'Bakersfield any or all milk or cream which is produced in whole or in part on premises to which access, for the purpose of inspection, has been refused the' office authorized to make inspection. The Health Officer or shy of his assisStants, may seize or confisCate any milk, cream or other .milk products sold, offered for sale or held with the intent to sell within the 'City of Bakersfield, contrary to. any section of this Ordinance, or to any of the provisions of the laws of the State of California, covering the production and handling of milk or milk products, and may pour out, color or denaturize .any .or.~ all milk cres~ or other milk products so seized, to prevent the ~ie of same for food purposes. The Health Officer, or any .~f his tants, may affix or cause to be affixed, to any can, receptacle or vehicle containing any condemned milk, cream or other milk pro- ducts a card or tag stating that same has been condemned, and the reason therefor. Said card. so attached shall be due notice of~' condemnation. No milk, cream or other milk products condemned as herein provided shall be used for human food, sold, held or offered for sale in the City of Bakersfield. SECTION 12. It shall be Lmlawful for any dealer or distributor of milk 'to sell or make use of any milk bottles on which is stamped the label of any local dealer other than his own. SECTION 1~. (a) Any person, firm or corporation, sell~'ng, offering for sale, delivering or permiting the selling or deliver~ of any milk or dairy product coming within the ~ provisions of this Ordinance, without having a permit therefor as provided in Section 1, of this Ordinance shall be guilty of a misdemeanor and upon conviction therefor punishable by a fine of not less than Twenty-five Dollars ($2~'.00),-' nor more than Thr~e Hundred-Dollars ($~00.00),' 'o'r by imprisonment in the County Jail for a period not to exceed ninety (90) days, or by both such fine and imprisenment. (b) AnM person, firm or corporation who fails, neglects or refuses to perform any act or who violates any of the provisions of this Ordinance other than those covered by Subdivision (a)i~of this section, shall be deemed guilty of a misdemeanor and upon convic-~ tion thereof punishable by a fine not to exceed Three Hundred ($300.00~ Dollars, or by imprisonment in the County Jail not ex- ceeding ninety (90) days, or by both such fine and imprisonment. SECTION 14. Ordinances Nos. 305 and. 325 are hereby expressly repealed together with all Ordinances and parts of Ordinances in conflict herewith. I hereby certify that the foregoing Ordinance was passed by the Council of the City of Bakersfield on /~_ day, of June, 1919 by the following vote: AYES: /~~'~, f~'-g'-~'~' /~' ~'~~' ~' ~ ~ NAYES: ABSENT: :~J City~BleYk and "e'X'Xo'fficio Clerk of the. Council of the City of Bakersfield. Approved this /~d~y, of June, 1919. ~&yO~o f the -CitY' O-f B'aker'sfield.