[HISTORY: Adopted by the City Council of the City of El Reno 9-1-1972 as Ch. 13 of the 1972 Code. Amendments noted where applicable.]
[Amended 9-15-1983 by Ord. No. 2454]
The unabridged form of the 1962 Edition of the United States Public Health Service Food Service Sanitation Ordinance and Code, at least one certified copy of which is on file in the office of the City Clerk, is hereby adopted and the provisions thereof shall govern the inspection of food-service establishments, the issuance, suspension and revocation of permits to operate food-service establishments, the prohibition against the sale of adulterated or misbranded food or drink, and all other matters covered therein to the same extent as if set out at length herein, except as otherwise provided in this chapter.
The word "municipality," as used in the ordinance and code referred to above, shall mean this City.
All parenthetical phrases referring to grading and Subsection H.2.e. of the ordinance and code adopted by this section are hereby deleted.
Subsections H.7. and H.8. of such code and ordinance are hereby deleted.
Any person who violates any provision of the ordinance and code adopted by this section shall be guilty of an offense and, upon conviction thereof, shall be punished by a fine of not more than $50, including costs. In addition thereto, such person may be enjoined from continuing such violation. Each day upon which a violation occurs constitutes a separate violation.
An applicant for a permit for a food-service establishment, as required by the ordinance and code adopted by § 200-1, shall pay a permit fee of $10 if he has not more than five employees or a permit fee of $20 if he has six or more employees.
The following definitions shall apply in the interpretation and the enforcement of this article:
- ACIDIFIED MILK AND MILK PRODUCTS
- Milk and milk products obtained by the addition of food-grade acids to pasteurized cream, half and half, milk, lowfat milk or skim milk, resulting in a product acidity of not less than 0.20% expressed as lactic acid.
- ADULTERATED MILK OR MILK PRODUCT
- Any milk or milk product shall be deemed to be adulterated:
- A. If it bears or contains any poisonous or deleterious substance in a quantity which may render it injurious to health;
- B. If it bears or contains any added poisonous or deleterious substance for which no safe tolerance has been established by state or federal regulation, or in excess of such tolerance if one has been established;
- C. If it consists, in whole or in part, of any substance unfit for human consumption;
- D. If it has been produced, processed, prepared, packed or held under insanitary conditions;
- E. If its container is composed, in whole or in part, of any poisonous or deleterious substance which may render the contents injurious to health; or
- F. If any substance has been added thereto or mixed or packed therewith so as to increase its bulk or weight, or reduce its quality or strength, or make it appear better or of greater value than it is.
- AVERAGE BACTERIAL PLATE COUNT, DIRECT MICROSCOPIC COUNT, AND COOLING TEMPERATURE
- The logarithmic average, average reduction time and average cooling temperature shall be taken to mean the arithmetic average of the respective test results of the last four consecutive samples, taken upon separate days irrespective of the six-month period referred to in this article.
- A fluid product resulting from the manufacture of butter from milk or cream. It contains not less than 8 1/4% milk solids-not-fat.
- CONCENTRATED MILK
- A fluid product, unsterilized and unsweetened, resulting from the removal of a considerable portion of the water from milk, which, when recombined with potable water, results in a product conforming with the standards for milkfat and solids-not-fat of milk.
- CONCENTRATED MILK PRODUCTS
- Includes homogenized concentrated milk, Vitamin D concentrated milk, concentrated skim milk, fortified concentrated skim milk, concentrated low-fat milk, fortified concentrated low-fat milk, concentrated flavored milk, concentrated flavored milk products and similar concentrated products made from concentrated milk or concentrated skim milk, and which, when combined with potable water in accordance with instructions printed on the container, conform with the definitions of the corresponding milk products in this section.
- COTTAGE CHEESE
- The soft, uncured cheese prepared from the curd obtained by adding harmless, lactic-acid-producing bacteria, with or without enzymatic action, to pasteurized skim milk or pasteurized reconstituted skim milk. It contains not more than 80% moisture.
- The sweet, fatty liquid separated from milk, with or without the addition of milk or skim milk, which contains not less than 18% milkfat.
- CREAMED COTTAGE CHEESE
- The soft, uncured cheese which is prepared by mixing cottage cheese with pasteurized cream, or with a pasteurized mixture of cream and milk or skim milk, and which contains not less than 4% milkfat by weight, and not more than 80% moisture.
- CULTURED BUTTERMILK
- A fluid product resulting from the souring, by lactic-acid-producing bacteria or similar culture, of pasteurized skim milk or pasteurized lowfat milk.
- CULTURED MILK or CULTURED WHOLE MILK BUTTERMILK
- A fluid product resulting from the souring, by lactic-acid-producing bacteria or similar culture, of pasteurized milk.
- DAIRY or DAIRY FARM
- Any place or premises where one or more cows or goats are kept, a part or all of the milk or milk products from which is sold or offered for sale.
- DRY MILK
- Milk from which at least 95% of the water has been removed.
- FLAVORED DRINK or FLAVORED DAIRY DRINK
- A beverage or confection consisting of a skim milk to which has been added a syrup or flavor made from wholesome ingredients.
- FLAVORED MILK OR MILK PRODUCTS
- Milk and milk products to which has been added a flavor and/or sweetener.
- FLAVORED RECONSTITUTED DRINK or FLAVORED RECONSTITUTED DAIRY DRINK
- A flavored drink made from reconstituted skim milk.
- FLAVORED RECONSTITUTED MILK
- A flavored drink made from reconstituted milk.
- FORTIFIED MILK AND MILK PRODUCTS
- Milk and milk products, other than Vitamin D milk and milk products, the vitamin and/or mineral content of which has been increased by a method and in an amount approved by the health officer.
- GOAT MILK
- The lacteal secretion, practically free from colostrum, obtained by the complete milking of healthy goats. The word "milk" shall be interpreted to include goat milk.
- HALF AND HALF
- A product consisting of a mixture of milk and cream which contains not less than 10.5% milkfat.
- HEALTH OFFICER
- The health officer of the City or his authorized representatives.
- HEAVY CREAM or HEAVY WHIPPING CREAM
- Whipping cream which contains not less than 36% milkfat.
- HOMOGENIZED MILK
- Milk which has been treated to ensure breakup of the fat globules to such an extent that, after 48 hours of quiescent storage at 45º F., no visible cream separation occurs on the milk, and the fat percentage of the top 100 milliliters of milk in a quart, or of proportionate volumes in containers of other sizes, does not differ by more than 10% from the fat percentage of the remaining milk as determined after thorough mixing. The word "milk" shall be interpreted to include homogenized milk.
- LIGHT CREAM, COFFEE CREAM or TABLE CREAM
- Cream which contains less than 30% milkfat, but not less than 18% milkfat.
- LIGHT WHIPPING CREAM
- Whipping cream which contains not less than 30% but less than 36% milkfat.
- LOWFAT MILK
- Milk from which a sufficient portion of milkfat has been removed to reduce its milkfat content to not less than 0.50% and not more than 2.0%.
- The lacteal secretion, practically free from colostrum, obtained by the complete milking of one or more healthy cows, which contains not less than 8 1/4% milk solids-not-fat and not less than 3 1/4% milkfat.
- MILK DISTRIBUTOR
- Any person who offers for sale or sells to another any milk or milk products.
- MILK HAULER
- Any person who transports raw milk and/or raw milk products to or from a milk plant or a receiving or transfer station.
- MILK PLANT; RECEIVING STATION
- Any place, premises or establishment where milk or milk products are collected, handled, processed, stored, pasteurized, bottled or prepared for distribution, except an establishment where milk or milk products are sold at retail only.
- MILK PRODUCER
- Any person who owns or controls one or more cows, a part or all of the milk or milk products from which is sold or offered for sale.
- MILK PRODUCTS
- Includes cream, light cream, coffee cream, table cream, whipping cream, light whipping cream, heavy cream, heavy whipping cream, whipped cream, whipped light cream, whipped coffee cream, whipped table cream, sour cream, cultured sour cream, half and half, sour half and half, cultured half and half, reconstituted or recombined milk and milk products, concentrated milk, concentrated milk products, skim milk, skimmed milk, lowfat milk, fortified milk and milk products, Vitamin D milk and milk products, homogenized milk, flavored milk or milk products, buttermilk, cultured buttermilk, cultured milk, cultured whole milk buttermilk and acidified milk and milk products. This definition is not intended to include such products as sterilized milk and milk products hermetically sealed in a container and so processed, either before or after scaling, as to prevent microbial spoilage, or evaporated milk, condensed milk, ice cream and other frozen desserts, butter, dry milk products (except as defined herein), or cheese except when they are combined with other substances to produce any pasteurized milk or milk product defined herein.
- MILKFAT or BUTTERFAT
- The fat of milk.
- MISBRANDED MILK OR MILK PRODUCTS
- Milk and milk products are misbranded:
- NONFAT DRY-MILK SOLIDS
- Nonfat dry milk from which at least 95% of the water has been removed.
- NONFAT, FAT-FREE OR DEFATTED MILK
- Skim milk which contains not more than 0.1% milkfat.
- OFFICIAL LABORATORY
- A biological, chemical or physical laboratory which is under the direct supervision of the state or a local health authority. Laboratory examinations for animal diseases shall be made in a laboratory approved by the state veterinarian.
- OFFICIALLY DESIGNATED LABORATORY
- A commercial laboratory authorized to do official work by the supervising agency, or a milk industry laboratory officially designated by the supervising agency for the examination of producer samples of Grade A raw milk for pasteurization.
- PASTEURIZATION; PASTEURIZED
- The process of heating every particle of milk or milk products to at least 145º F., and holding it continuously at or above this temperature for at least 30 minutes, or to at least 161º F., and holding it continuously at or above this temperature for at least 15 seconds, in equipment which is properly operated and approved by the state health authority; provided that milk products which have a higher milkfat content than milk and/or contain added sweeteners shall be heated to at least 150º F., and held continuously at or above this temperature for at least 30 minutes, or to at least 166º F., and held continuously at or above this temperature for at least 15 seconds. Nothing in this definition shall be construed as barring any other pasteurization process which has been recognized by the United States Public Health Service to be equally efficient and which is approved by the state health authority.
- PRODUCER DAIRY
- A dairy farm which sends milk or cream to a milk plant for processing.
- A milk producer who is also a milk distributor.
- RECONSTITUTED OR RECOMBINED MILK AND MILK PRODUCTS
- Milk or milk products which result from the recombining of milk constituents with potable water.
- The application of any effective method or substance to a clean surface for the destruction of pathogens and of other organisms as far as is practicable. Such treatment shall not adversely affect the equipment, the milk or milk product or the health of consumers, and shall be acceptable to the health officer.
- SKIM OR SKIMMED MILK
- Milk from which a sufficient portion of milkfat has been removed to reduce its milkfat content to less than 0.50%.
- SKIM-MILK SOLIDS
- Includes concentrated skim milk and nonfat dry-milk solids.
- SOUR CREAM or CULTURED SOUR CREAM
- A fluid or semifluid cream resulting from the souring, by lactic-acid-producing bacteria or similar culture, of pasteurized cream, which contains not less than 0.20% acidity expressed as lactic acid.
- SOUR OR CULTURED HALF AND HALF
- Fluid or semifluid half and half derived from the souring, by lactic-acid-producing bacteria or similar culture, of pasteurized half and half, which contains not less than 0.20% acidity expressed as lactic acid.
- TRANSFER STATION
- Any place, premises or establishment where milk or milk products are transferred directly from one transport tank to another.
- VITAMIN D MILK AND MILK PRODUCTS
- Milk and milk products the Vitamin D content of which has been increased by an approved method to at least 400 U.S.P. units per quart.
- WHIPPED CREAM
- Whipping cream into which air or gas has been incorporated.
- WHIPPED LIGHT CREAM, COFFEE CREAM OR TABLE CREAM
- Light cream, coffee cream or table cream into which air or gas has been incorporated.
- WHIPPING CREAM
- Cream which contains not less than 30% milkfat.
[Amended 10-5-1993 by Ord. No. 2729]
It shall be unlawful for any person to bring into, send into or receive into the City or its police jurisdiction, for sale, or to sell or offer for sale therein, or to have in storage where milk or milk products are sold or served, any milk or milk products defined in this article, who does not possess a permit from the health officer of the City. Every milk producer, milk distributor and operator of a milk plant shall secure a permit. Only a person who complies with the requirements of this article shall be entitled to receive and retain such a permit. Permits shall not be transferable with respect to persons or locations.
Such a permit may be temporarily suspended by the health officer upon violation by the holder of any of the terms of this article or for interference with the health officer in the performance of his duties, or revoked after an opportunity for a hearing by the health officer upon serious or repeated violations.
Any processor, producer or distributor of milk or milk products whose permit has been suspended by the health officer, and who is not violating the labeling provisions of this article, may at any time make application for the reinstatement of his permit. Upon receipt of a written application for such reinstatement, based upon correction of any bacteriological or cooling temperature standard, the health officer shall take further samples at the rate of not more than two per week, and shall approve the application upon compliance with the grade requirements as determined in accordance with provisions of this article. If samples are not available from the milk processor, producer or distributor dairy because of degrading or for other reasons, the health officer, upon satisfying himself, by inspection of the facilities and the operating methods, that the conditions responsible for the violations have been corrected, shall temporarily reinstate the permit, with final reinstatement conditional upon subsequent bacteriological or temperature findings.
In case the permit suspension was due to a violation of an item other than bacteriological standards or cooling temperature, the application for reinstatement must be accompanied by a statement, signed by the applicant, to the effect that the violated item of the specifications has been conformed with. Within three days of the receipt of such an application and statement, the health officer shall make a reinspection of the applicant's establishment, and thereafter as many additional reinspections as he may deem necessary to assure himself that the applicant is again complying with this article, and in case the findings justify, shall, within a reasonable time, reinstate the permit.
All bottles, containers and packages enclosing milk or milk products shall be conspicuously labeled or marked with:
The name of the contents as given in the definitions of this article;
The word "reconstituted" or "recombined" if the product is made by reconstitution or recombination;
The grade of the contents;
The word "pasteurized" if the contents are pasteurized and the identity of the plant where pasteurized;
The word "raw" if the contents are raw and the name or other identity of the producer;
The designation "Vitamin D" and the number of U.S.P. units per quart in the case of Vitamin D milk or milk products;
The volume or proportion of water to be added for recombining in the case of concentrated milk or milk products;
The words "nonfat milk solids added" and the percentage added if such solids have been added, except that this requirement shall not apply to reconstituted or recombined milk or milk products;
The words "artificially sweetened" in the name, if nonnutritive and/or artificial sweeteners are used; and
The common name of stabilizers, distillates and ingredients.
Notwithstanding the provisions of Subsection A above:
Only the identity of the milk producer shall be required on cans delivered to a milk plant which receives only Grade A raw milk for pasteurization, and which immediately dumps, washes and returns the cans to the milk producer;
The identity of both milk producer and the grade shall be required on cans delivered to a milk plant which receives both Grade A raw milk for pasteurization and ungraded raw milk, and which immediately dumps, washes and returns the cans to the milk producer;
In the case of concentrated milk products, the specific name of the product shall be substituted for the generic term "concentrated milk products," e.g., "homogenized concentrated milk," "concentrated skim milk," "concentrated chocolate milk," "concentrated chocolate flavored lowfat milk";
In the case of flavored milk or flavored reconstituted milk, the name of the principal flavor shall be substituted for the word "flavored"; and
In the case of cultured milk or milk products, the special type culture used may be substituted for the word "cultured," e.g., "acidophilus buttermilk," "Bulgarian buttermilk," and "yogurt."
The labeling information which is required on all bottles, containers or packages of milk or milk products shall be in letters of an acceptable size, kind and color satisfactory to the state health authority and shall contain no marks or words which are misleading.
Prior to the issuance of a permit under this article, and at least once every six months thereafter, the health officer shall inspect all dairy farms and all milk plants whose milk or milk products are intended for consumption within the City or its police jurisdiction. If the health officer should discover the violation of any requirement, he shall make a second inspection after a lapse of such time as he may deem necessary for the defect to be remedied, but not before the lapse of three days; and the second inspection shall be used in determining compliance with the requirements of §§ 200-11 through 200-14. Any violation of the same requirement of this article on such reinspection shall call for immediate degrading, suspension of the permit and/or court action. One copy of the inspection report shall be posted by the health officer in a conspicuous place upon an inside wall of the milk house or milk plant, and such inspection report shall not be defaced or removed by any person except the health officer. Another copy of the inspection report shall be filed with the records of the Health Department.
Every milk producer and distributor shall, upon the request of the health officer, permit him access to all parts of the establishment, and every distributor shall furnish the health officer, upon his request, for official use only, a true statement of the actual quantities of milk and milk products of each grade purchased and sold, together with a list of all sources of such milk and milk products, records of inspections and tests and pasteurization time and temperature records.
During any consecutive six months, at least four samples of raw milk for pasteurization shall be taken from each producer and four samples of raw milk for pasteurization shall be taken from each milk plant after receipt of the milk by the milk plant and prior to pasteurization; also, during any consecutive six months, at least four samples of milk and four samples of each milk product defined in this article shall be taken from each Grade A raw producer-distributor. In addition, during any consecutive six months, at least four samples of pasteurized milk and at least four samples of each milk product defined in this article shall be taken from every milk plant. Samples of milk and milk products shall be taken while in possession of the producer or distributor at any time prior to final delivery. Samples of milk and milk products from dairy retail stores, food service establishments, grocery stores and other places where milk and milk products are sold shall be examined periodically as determined by the health officer; and the results of such examination shall be used to determine compliance with this article. Proprietors of such establishments shall furnish the health officer, upon his request, with the names of all distributors from whom milk or milk products are obtained.
Required bacterial counts and cooling temperature checks shall be performed on raw milk for pasteurization. In addition, antibiotic tests on each producer's milk or on commingled raw milk shall be conducted at least four times during any consecutive six months. When commingled milk is tested, all producers shall be represented in the sample. All individual sources of milk shall be tested when test results on the commingled milk are positive. Required bacterial counts, coliform determinations, phosphatase and cooling temperature checks shall be performed on pasteurized milk and milk products. Required bacterial counts, cooling temperature checks, antibiotic tests and other tests required by this article shall be performed on Grade A raw milk and milk products.
Whenever two of the last four consecutive bacteria counts, coliform determinations or cooling temperatures, taken on separate days, exceed the limit of the standard for the milk and/or milk product, the health officer shall send a written notice thereof to the person concerned. This notice shall be in effect so long as two of the last four consecutive samples exceed the limit of the standard. An additional sample shall be taken within 14 days of the sending of such notice, but not before the lapse of three days. Immediate suspension of the permit and/or court action shall be instituted whenever the standard is violated by three of the last five bacteria counts, coliform determinations or cooling temperatures.
Whenever a phosphatase test is positive, the cause shall be determined. Where the cause is improper pasteurization, it shall be corrected, and any milk or milk product involved shall not be offered for sale.
Samples shall be analyzed at an official or appropriate officially designated laboratory. All sampling procedures and required laboratory examinations shall be in substantial compliance with the latest edition of Standard Methods for the Examination of Dairy Products of the American Public Health Association, and the latest edition of Official Methods of Analyses of the Association of Official Agricultural Chemists. Such procedures and examinations shall be evaluated in accordance with the methods of evaluating milk laboratories recommended by the U.S. Public Health Service. Examinations and tests shall be conducted to detect adulterants, including pesticides, as the health officer shall require. Assays of Vitamin D milk or milk products and/or fortified milk and milk products shall be made at least annually in a laboratory acceptable to the health officer.
Except as otherwise provided in Subsection B below, only Grade A pasteurized milk and milk products or Grade A raw milk shall be sold to the final consumer; provided, however, that only Grade A pasteurized milk shall be sold through restaurants, soda fountains, grocery stores or similar establishments, including school lunch rooms; provided that, in an emergency, the sale of pasteurized milk and milk products which have not been graded, or the grade of which is unknown, may be authorized by the health officer, upon the approval of the state health authority, in which case, such milk and milk products shall be labeled "ungraded."
Any person who, on the effective date of the ordinance from which Sections 9-1 through 9-15 of the El Reno Code of 1965 were derived, was operating a dairy or dairy farm and selling raw milk produced therefrom to the final consumer may continue to do so, provided that such milk is sold to the final consumer on the dairy premises and delivered to him in containers furnished by the final consumer. Upon the transfer, sale or assignment of such dairy or dairy farm, by operation of law or otherwise, or the discontinuance of such dairy operation for a period of 45 days, the right to sell such raw milk in the manner aforesaid shall terminate, and in all events such right shall not be transferable. The health officer is not required to inspect such dairies selling raw milk, but there shall be an annual test of cattle for tuberculosis and brucillosis, and the veterinarian shall report to the office of the City Clerk when such tests have been made.
At least once every six months, the health officer shall announce the grades of all milk and milk products delivered by all distributors and ultimately consumed within the City or its police jurisdiction.
All Grade A raw, all Grade A raw milk for pasteurization and all Grade A pasteurized milk and milk products shall be produced, processed and pasteurized to conform with the following chemical, bacteriological and temperature standards, and the sanitation requirements of §§ 200-12, 200-13 and 200-14. No process or manipulation, other than pasteurization, processing methods integral therewith, and appropriate refrigeration, shall be applied to milk and milk products for the purpose of removing or deactivating microorganisms.
Grade A raw milk for pasteurization, and dairy farms from which such milk is produced, shall meet the sanitation requirements prescribed in this section.
Item 1r. Certain cows to be milked last or with separate equipment. Cows which show evidence of the secretion of abnormal milk in one or more quarters based upon bacteriological, chemical or physical examination shall be milked last or with separate equipment and the milk shall be discarded. Cows treated with, or cows which have consumed, chemical, medicinal or radioactive agents which are capable of being secreted in the milk and which, in the judgment of the health officer, may be deleterious to human health shall be milked last or with separate equipment, and the milk disposed of as the health officer may direct.
Item 2r. Milking barn, stable or parlor — Generally. A milking barn, stable or parlor shall be provided on all dairy farms in which the milking herd shall be housed during milking time operations. The areas used for milking purposes shall:
Have floors constructed of concrete or equally impervious material;
Have walls and ceilings which are smooth, painted or finished in an approved manner in good repair, and the ceiling shall be dust-tight;
Have separate stalls or pens for horses, calves and bulls;
Be provided with natural and/or artificial light, well-distributed for day and/or night milking;
Provide sufficient air space and air circulation to prevent condensation and excessive odors;
Not be overcrowded; and
Have dust-tight covered boxes or bins, or separate storage facilities, for ground, chopped or concentrated feed.
Item 3r. Same — Cleanliness; swine and fowl prohibited. The interior of the milking barn, stable or parlor shall be kept clean. Floors, walls, windows, pipelines and equipment shall be free of filth and/or litter and shall be clean. Swine and fowl shall be kept out of the milking barn.
Item 4r. Cowyard. The cowyard shall be graded and drained and shall have no standing pools of water or accumulations of organic waste. In loafing or cattle-housing areas, cow droppings and soiled bedding shall be removed, or clean bedding added, at sufficiently frequent intervals to prevent the soiling of the cow's udder and flanks. Waste feed shall not be allowed to accumulate. Manure packs shall be properly drained and shall provide a reasonably firm footing. Swine shall be kept out of the cowyard.
Item 5r. Milk house or room — Generally. A milk house or room of sufficient size shall be provided, in which the cooling, handling and storing of milk and the washing, sanitizing and storing of milk containers and utensils shall be conducted.
The milk house shall be provided with a smooth floor constructed of concrete or equally impervious material graded to drain and maintained in good repair. Liquid waste shall be disposed of in a sanitary manner; all floor drains shall be accessible and shall be trapped if connected to a sanitary sewer system.
The walls and ceilings shall be constructed of smooth material, in good repair, well painted, or finished in an equally suitable manner.
The milk house shall have adequate natural and/or artificial light and be well-ventilated.
The milk house shall be used for no other purpose than milk house operations. There shall be no direct opening into any barn, stable or into a room used for domestic purposes. A direct opening between the milk house and milking barn, stable or parlor is permitted when a tight-fitting, self-closing solid door, hinged to be single or double acting, is provided.
Water under pressure shall be piped into the milk house.
The milk house shall be equipped with a two-compartment wash vat and adequate hot water heating facilities.
When a transportation tank is used for the cooling and storage of milk on the dairy farm, such tank shall be provided with a suitable shelter for the receipt of milk. Such shelter shall be adjacent to, but not a part of, the milk room and shall comply with the requirements of the milk room with respect to construction, light, drainage, insect and rodent control and general maintenance.
Item 6r. Same — Cleanliness of equipment, etc. The floors, walls, ceilings, windows, tables, shelves, cabinets, wash vats, nonproduct contact surfaces of milk containers, utensils and equipment, and other milk room equipment shall be clean. Only articles directly related to milk room activities shall be permitted in the milk room. The milk room shall be free of trash, animals and fowl.
Item 7r. Toilets. Every dairy farm shall be provided with one or more toilets, conveniently located and properly constructed, operated and maintained in a sanitary manner. The waste shall be inaccessible to flies and shall not pollute the soil surface or contaminate any water supply.
Item 8r. Water supply. Water for milk house and milking operations shall be from a supply properly located, protected and operated, and shall be easily accessible, adequate and of a safe, sanitary quality.
Item 9r. Containers, equipment and utensils — Construction.
All multiuse containers, equipment and utensils used in the handling, storage or transportation of milk shall be made of smooth, nonabsorbent, corrosion-resistant, nontoxic materials, and shall be so constructed as to be easily cleaned. All containers, utensils and equipment shall be in good repair. All milk pails used for hand milking and stripping shall be seamless and of the hooded type. Multiple-use woven material shall not be used for straining milk. All single-service articles shall have been manufactured, packaged, transported, stored and handled in a sanitary manner and shall comply with the applicable requirements of Item 11p of § 200-14. Articles intended for single-service shall not be reused.
Item 10r. Same — Cleaning. The product-contact surfaces of all multiuse containers, equipment and utensils used in the handling, storage or transportation of milk shall be cleaned after each usage.
Item 11r. Same — Sanitizing. The product-contact surfaces of all multiuse containers, equipment and utensils used in the handling, storage or transportation of milk shall be sanitized before each usage.
Item 12r. Same — Storage. All containers, utensils and equipment used in the handling, storage or transportation of milk, unless stored in sanitizing solutions, shall be stored to assure complete drainage, and shall be protected from contamination prior to use.
Item 13r. Same — Handling. After sanitization, all containers, utensils and equipment shall be handled in such manner as to prevent contamination of any product-contact surface.
Item 14r. Milking generally. Milking shall be done in the milking barn, stable or parlor. The flanks, udders, bellies and tails of all milking cows shall be free from visible dirt. All brushing shall be completed prior to milking. The udders and teats of all milking cows shall be cleaned and treated with a sanitizing solution just prior to the time of milking and shall be relatively dry before milking. Wet hand milking is prohibited.
Item 15r. Surcingles, milk stools and anti-kickers. Surcingles, milk stools and anti-kickers shall be kept clean and stored above the floor.
Item 16r. Transfer of milk to milk house. Each pail or container of milk shall be transferred immediately from the milking barn, stable or parlor to the milk house. No milk shall be strained, poured, transferred or stored unless it is properly protected from contamination.
Item 17r. Handwashing facilities. There shall be provided adequate handwashing facilities, including running water, soap or detergent and individual sanitary towels, in the milk house and in or convenient to the milking barn, stable or parlor.
Item 18r. Cleanliness of milkers and milk handlers. Hands shall be washed clean and dried with an individual sanitary towel immediately before milking, before performing any milk-house function, and immediately after the interruption of any of these activities. Milkers and milk haulers shall wear clean outer garments while milking or handling milk, milk containers, utensils or equipment.
Item 19r. Cooling of milk. Raw milk for pasteurization shall be cooled to 50º F. or less within two hours after milking and shall be maintained at that temperature until delivered.
Item 20r. Vehicles used to transport milk. Vehicles used to transport milk in cans from the dairy farm to the milk plant or receiving station shall be constructed and operated to protect their contents from sun, freezing and contamination. Such vehicles shall be kept clean, inside and out; and no substance capable of contaminating milk shall be transported with milk.
Item 21r. Protection from insects and rodents. Effective measures shall be taken to prevent the contamination of milk, containers, equipment and utensils by insects and rodents, and by chemicals used to control such vermin. Milk rooms shall be free of insects and rodents. Surroundings shall be kept neat, clean and free of conditions which might harbor or be conducive to the breeding of insects and rodents.
The sanitation requirements for producer-distributor Grade A raw milk shall be the same as for Grade A raw milk for pasteurization, with the following additions:
Milk and milk products not for pasteurization shall be bottled or cartoned on the farm where produced. Bottling, capping or cartoning shall be done in a sanitary manner by means of approved mechanical equipment. Caps, cap stock and sealants shall be purchased in sanitary containers, and shall be kept therein in a clean, dry place until used. The cap, closure or sealant shall protect the pouring lip to at least its largest diameter.
There shall be separate rooms for processing, cooling, storage and packaging; and cleaning of milk multiuse containers or bottles.
All milk and milk products shall be stored in a manner approved by the health officer.
Grade A pasteurized milk is Grade A raw milk for pasteurization which has been pasteurized, cooled and placed in the final container in a milk plant which conforms with all items of sanitation described in this section. A receiving station shall comply with Items 1p to 15p, inclusive, and 17p, 20p, and 22p, except that the partitioning requirement of Item 5p shall not apply. A transfer station shall comply with Items 1p, 4p, 6p, 7p, 8p, 9p, 10p, 11p, 12p, 14p, 15p, 20p, and 22p; and, as climatic and operating conditions require, the applicable provisions of Items 2p and 3p; provided that, in every case, overhead protection shall be provided. Facilities for the cleaning and sanitizing of bulk transport tanks shall comply with Items 1p, 4p, 6p, 7p, 8p, 9p, 10p, 11p, 12p, 14p, 15p, 20p, and 22p; and, as climatic and operating conditions require, the applicable provisions of Items 2p and 3p; provided that, in every case, overhead protection shall be provided.
Item 1p. Floors. The floors of all rooms in which milk or milk products are processed, handled or stored, or in which milk containers, equipment and utensils are washed, shall be constructed of concrete or other equally impervious and easily cleaned material; and shall be smooth, properly sloped, provided with trapped drains and kept in good repair. Cold-storage rooms used for storing milk and milk products need not be provided with floor drains when the floors are sloped to drain to one or more exits. Storage rooms for storing dry ingredients and/or packaging materials need not be provided with drains, and the floors may be constructed of tightly joined wood.
Item 2p. Walls and ceilings. Walls and ceilings of rooms in which milk or milk products are handled, processed or stored, or in which milk containers, utensils and equipment are washed, shall have a smooth, washable, light-colored surface, in good repair.
Item 3p. Access of flies and rodents to be prevented; doors and windows. Effective means shall be provided to prevent the access of flies and rodents. All openings to the outside shall have solid doors or glazed windows which shall be closed during dusty weather.
Item 4p. Lighting and ventilation. All rooms in which milk and milk products are handled, processed or stored and/or in which milk containers, equipment and utensils are washed, shall be well-lighted and well-ventilated.
Item 5p. Separate rooms required for various operations.
There shall be separate rooms for (1) pasteurizing, processing, cooling and packaging; (2) cleaning of milk cans and bottles. In addition, plants receiving milk in bulk transport tanks shall provide for cleaning and sanitizing facilities.
Unless all milk and milk products are received in bulk transport tanks, a receiving room, separate from rooms (1) and (2) above, shall be required. Rooms in which milk or milk products are handled, processed or stored, or in which milk containers, utensils and equipment are washed or stored, shall not open directly into any stable or any room used for domestic purposes.
Item 6p. Toilet facilities. Every milk plant shall be provided with toilet facilities conforming with the regulations of the State Department of Health. Toilet rooms shall not open directly into any room in which milk and/or milk products are processed. Toilet rooms shall be completely enclosed and shall have tight-fitting, self-closing doors. Dressing rooms, toilet rooms and fixtures shall be kept in a clean condition, in good repair, and shall be well-ventilated and well-lighted. Sewage and other liquid wastes shall be disposed of in a sanitary manner.
Item 7p. Water supply. Water for milk plant purposes shall be from a supply properly located, protected and operated, and shall be easily accessible, adequate and of a safe, sanitary quality.
Item 8p. Handwashing facilities. Convenient handwashing facilities shall be provided, including hot and cold and/or warm running water, soap and individual sanitary towels or other approved hand-drying devices. Handwashing facilities shall be kept in a clean condition and in good repair.
Item 9p. Cleanliness generally; use of pesticides; etc. All rooms in which milk and milk products are handled, processed or stored, and/or in which containers, utensils or equipment are washed or stored, shall be kept clean, neat and free of evidence of insects and rodents. Pesticides shall be safely used. Only equipment directly related to processing operations or to the handling of containers, utensils and equipment, shall be permitted in the pasteurizing, processing, cooling, packaging and bulk milk storage rooms.
Item 10p. Sanitary piping, fittings and connections. All sanitary piping, fittings and connections which are exposed to milk and milk products, or from which liquids may drip, drain or be drawn into milk or milk products, shall consist of smooth, impervious, corrosion-resistant, nontoxic, easily cleanable material. All piping shall be in good repair. Pasteurized milk and milk products shall be conducted from one piece of equipment to another only through sanitary piping.
Item 11p. Construction and repair of containers and equipment; reuse of single-service articles. All multiuse containers and equipment with which milk or milk products come into contact shall be of smooth, impervious, corrosion-resistant, nontoxic material; shall be constructed for ease of cleaning; and shall be kept in good repair. All single-service containers, closures, gaskets and other articles with which milk or milk products come in contact shall be nontoxic, and shall have been manufactured, packaged, transported and handled in a sanitary manner. Articles intended for single-service use shall not be reused.
Item 12p. Cleaning of containers, utensils and equipment. The product-contact surfaces of all multiuse containers, utensils and equipment used in the transportation, processing, handling and storage of milk and milk products shall be effectively cleaned and shall be sanitized before each use.
Item 13p. Storage of containers, utensils and equipment. After cleaning, all multiuse milk or milk product containers, utensils and equipment shall be transported and stored to assure complete drainage, and shall be protected from contamination before use.
Item 14p. Storage and handling of single-service articles. Single-service caps, cap stock, parchment paper, containers, gaskets and other single-service articles for use in contact with milk and milk products shall be purchased and stored in sanitary tubes, wrappings or cartons; shall be kept therein in a clean, dry place until used; and shall be handled in a sanitary manner.
Item 15p. Miscellaneous anti-contamination requirements. Milk plant operations, equipment and facilities shall be located and conducted to prevent any contamination of milk or milk products, ingredients, equipment, containers and utensils. All milk or milk products or ingredients which have been spilled, overflowed or leaked shall be discarded. The processing or handling of products other than milk and milk products in the pasteurization plant shall be performed to preclude the contamination of such milk and milk products.
Item 17p. Cooling. All raw milk and milk products shall be maintained at 50º F. or less until processed. All pasteurized milk and milk products, except those to be cultured, shall be cooled immediately prior to filling or packaging in approved equipment to a temperature of 45º F. or less. All pasteurized milk and milk products shall be stored at a temperature of 45º F. or less. On delivery vehicles the temperature of milk and milk products shall not exceed 50º F. Every room or tank in which milk or milk products are stored shall be equipped with an accurate thermometer.
Item 18p. Bottling and packaging. Bottling and packaging of milk and milk products shall be done at the place of pasteurization in approved mechanical equipment.
Item 19p. Capping or closing of containers. Capping or closing of milk and milk product containers shall be done in a sanitary manner by approved mechanical capping and/or closing equipment. The cap or closure shall protect the pouring lip to at least its largest diameter.
Item 20p. Cleanliness of employees. Hands shall be thoroughly washed before commencing plant functions and as often as may be required to remove soil and contamination. No employee shall resume work after visiting the toilet room without thoroughly washing his hands. All persons engaged in the processing, pasteurization, handling, storage or transportation of milk, milk products, containers, equipment and utensils shall wear clean outer garments. The use of tobacco by any person engaged in the processing of milk or milk products is prohibited.
Item 21p. Vehicles. All vehicles used for transportation of pasteurized milk and milk products shall be constructed and operated so that the milk and milk products are maintained at 50º F. or less, and are protected from sun, from freezing and from contamination.
Item 22p. Maintenance of plant surroundings. Milk plant surroundings shall be kept neat, clean and free from conditions which might attract or harbor flies, other insects and rodents, or which otherwise constitute a nuisance.
All milk for pasteurization shall be from herds which are located in a Modified Accredited Tuberculosis Area as determined by the United States Department of Agriculture; provided that herds located in an area that fails to maintain such accredited status shall have been accredited by such department as tuberculosis-free, or shall have passed an annual tuberculosis test.
All milk for pasteurization and for Grade A raw distribution shall be from herds under a brucellosis eradication program which meets one of the following conditions:
Located in a Certified Brucellosis-Free Area as defined by the United States Department of Agriculture and enrolled in the testing program for such areas;
Located in a Modified Certified Brucellosis Area as defined by the United States Department of Agriculture and enrolled in the testing program for such areas;
Meets United States Department of Agriculture requirements for an individually certified herd;
Participating in a milk ring testing program which is conducted on a continuing basis at intervals of not less than every three months or more than every six months with individual blood tests on all animals in herds showing suspicious reactions to the milk ring test; or
Have an individual blood agglutination test annually with an allowable maximum grace period not exceeding two months.
For diseases other than brucellosis and tuberculosis, the health officer shall require such physical, chemical or bacteriological tests as he deems necessary. The diagnosis of other diseases in dairy cattle shall be based upon the findings of a licensed veterinarian or a veterinarian in the employ of an official agency. Any diseased animal disclosed by such tests shall be disposed of as the state veterinarian directs.
No person affected with any disease in a communicable form, or while a carrier of such disease, shall work at any dairy or milk plant in any capacity which brings him into contact with the production, handling, storage or transportation of milk, milk products, containers, equipment and utensils; and no dairy farm or milk plant operator shall employ in any such capacity any such person, or any person suspected of having any disease in a communicable form, or of being a carrier of such disease. Any producer or distributor of milk or milk products, upon whose dairy farm or in whose milk plant any communicable disease occurs, or who suspects that any employee has contracted any disease in a communicable form, or has become a carrier of such disease, shall notify the health officer immediately.
When reasonable cause exists to suspect the possibility of transmission of infection from any person concerned with the handling of milk or milk products, the health officer is authorized to require any or all of the following measures:
No person shall, within the City or its police jurisdiction, produce, sell or offer or expose for sale, or have in possession with intent to sell, any milk or milk product which is adulterated or misbranded. It shall be unlawful for any person, elsewhere than in a private home, to have in possession any adulterated or misbranded milk or milk product.
Any adulterated, misbranded or improperly labeled milk or milk products may be impounded by the health officer and disposed of in accordance with state law.
No milk producer or distributor shall transfer milk or milk products from one container or tank truck to another on the street, in any vehicle, store, or in any place except a milk plant, receiving station, transfer station or milk house especially used for that purpose. The dipping or ladling of milk or fluid milk products is prohibited.
Except as otherwise provided in this article, it shall be unlawful for any person to sell or serve to the public any milk or fluid milk product except in the individual, original container received from the distributor, or from an approved bulk dispenser. This requirement shall not apply to milk for mixed drinks requiring less than 1/2 pint of milk, or to cream, whipped cream or half and half which is consumed on the premises and which may be served from the original container of not more than 1/2 gallon capacity, or from a bulk dispenser approved for such service by the state health authority.
It shall be unlawful for any person to sell or serve to the public any pasteurized milk or milk product which has not been maintained at a temperature of 45º F. or less. If containers of pasteurized milk or milk products are stored in ice, the storage container shall be properly drained.
Milk and milk products from points beyond the limits of routine inspection of the City may not be sold in the City or its police jurisdiction unless produced and/or pasteurized under provisions which are substantially equivalent to the requirements of this article, and which are enforced with equal effectiveness, as determined by a milk-sanitation rating.
Properly prepared plans for all milk houses, milking barns, stables, parlors, transfer stations, receiving stations and milk plants regulated under this article, which are hereafter constructed, reconstructed or extensively altered, shall be submitted to the state health authority for written approval before work is begun.