284
' 73'7
ORDINANCE NO. 284
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"DAIRY CODES'
(Amended by Ordinances Numbers 290 & 412)
r AN ORDINANCE ESTABLISHING A DAIRY CODE: REGULATING THE
PRODUCTIONO EANDLING, DISTRIBUTING, LABELING GRADING AND
SALE OF MILK AND 24IIZ PRODUCTS SOLD OR TO BE SOLD IN THE }
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CITY OF CLEARWATER FLORIDA; ALSO REGULATING INSPECTION AND ?
PERMITS FOR DAIRIES AND DISTRIBUTING PLANTS, AND PROVIDING
FOR THE PAYMENT OF CERTAIN FEES OR CHARGES TO COVER A PART
OF THE COST OF 114SPECTION OF DAIRIES, DAIRY FARMS OR DIST-
1 RIBUTCR IS SELLING OR DISTRIBUTING MiILK OR MILK PRODUCTS IN
THE CITY OF CLEARWATER, FIXING THE AMOUNT THEREW AND
PRESCRIBING A PENALTY FOR THE VIOLATION OF THE TERMS THEREOF. :.
BE IT ORDAINED BY THE CITY COMMISSION (F THE CITY OF r'
CLEARIVATER, FLORIDA. SEC. 1. For the purpose and within the meaning of ?
this code the following definitions shall obtain:
(a) MILK is hereby defined to be the whole, fresh,
' clean, lacteal secretion obtained by the complete milking
of one or morn.he althyy cows, properly fed and kept,
excluding that obtained within fifteen days before and
five days after oblving, or-such longer period as may '
be necessary to render the milk practically colostrum
free; which contains not less than eight and one-half
per cent (8N of solids not fat, and not less than three `
and one-half per cent (3j%) of milk fat.
(b) RAVI MILK is milk which has not been heated.
(c)PASTEURIZED MILK is milk which every portion has
been rapidly heated to a temperature of 145 degrees F.
and held at a temperature of between 142 degrees and 145
degrees.. F, for 30 minutes and then rapidly cooled to a ;
temperature not to exceed 50 degrees F.
CREAM sweet cream Is that portion of milk
r1oh in milk fat, which rides to the surface of milk on
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•;r: it`; i i fG :a F4i7r,' 3'(; `4 ;'< standing or is separated from it by certifuQa?. force, is
Presh and clean, .and wach contains" no's less 'than eillhteen
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per cent (18%), preferably twenty. per cent (20%# of milk
ratl ?eaVjA & t &,d CW7,aving less than eighteen per
? cent (18%) milk fat shall be known as sub-standard cream.
' Cream having less than thirty per cent (30,x) milk
fat: shall be known as light cream,
Cream having thirty per cent (30%) or more and less than
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40 per cent (40%) milk fat shall be known as heavy cream,
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and cream having forty per cent (40%) or more milk fat
shall be known as extra heavy cream.
Whipping cream and manufacturing cream are creams ,
containing not less than 30% milk fat intended for whipping
or manufacturing purposes, and the grades of same shall not
be based on.' bacterial count:'
(e) SKIfrIMED MILK is milk from which substantially ?.
all the milk fat has been removed.
(f) BUTTERMILK is the product which remains when
milk fat is removed from milk or cream, surest or sour,
,in the process of churning. It contains not less than,
eight and five4enths per cent (8.5%) of milk solids not
fat t . ;
(g) CULTURED BUTTERMILK is the product resulting
from the souring or treatment by a lactic acid culture
of milk or milk products.
(h) MILK DISTRIBUTOR. Any person, firm or eor- .
poration selling milk or offering for sale, giving. ``
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. .. away, or otherwise dit?posl g of any milk or cream within
j the City of Clearwater.
;.'• (i) UNSTERILIZED CONTAINERS AND UTENSILS are ; 4
containers and utensils which have not been subjected to
moist heat, or moist heat and chemical treatment as may
be necessary to effect to a practical degree the destruction
of bacteria and other:micro-organisms,
SELLING shall mean the selling,, exchanging or
delivery, or having, In.ossossion, care, control Grt; _ =
'-'Y` 'hl`fem.`..'" , ?, ';i :°..;s `?; •4 '
`j ?';° ;=::?,kf:5• ;I..' austady with intent to' sell, exchange, or deliver, . or to
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offer }Apr to ex pose. for se.1'a,,
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i (k) DAIRY OR DAIRY FARM is any place or premises
where one or more cows are kept, a part or all of the
mtlk or rpilk products from which is sold or delivered to
any person, firm, or corporation.
(1) HEALTH OFFICER. The Health Officer shall be
taken to mean the City Health Officer of the City of.,
Clearwater in person, or his authorized representative.
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4 (m) DAIRY INSPECTOR shall mean the Chief Dairy
Inspector, or any of his assistants.
SEC. 2: The City Health Officer shall appoint, `
subject to confirmation by the City Manager, one or more
Dairy Inspectors whose duties shall be to examine and
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inspect all dairies and distributing plants selling or f.l•,, y;l?f•?•
offering for sale, milk in the City of Clearwater; report-
his findin s to the City Health Officer, and such other
ing
duties as may be directed by the City Health Officer.
y! ? t. `` ? ?"fry ?- ISEC. 3. No person shall sell or offer fot sale: $ ;.j•:t.?;; '.4`.• "'
(a) Skimmed milk unless container is plainly
labeled "Skimmed Milk." - {'
! (b) Milk, the container of which is labeled
except within the provisions of this Code, or branded so
as to mislead or deceive the purchaser.
(c) Milk produced from diseased cows or from cows
which have been fed on unwholesome food or have had access If ..
= to contaminated water, or cows which have access to any y'
a insanitary condition.
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1 (d) Milk in unsterilized containers.
(e) Milk handled in or with unsterilized utensils. ?.,
(f) Homogenized or emulsified milk or cream unless
it is plainly conspicuously labeled homogenized or
w:__•:; emulsified milk or cream as the case may be.
(g) Milk stored or kept for sale in any stable
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,d". l.lF.Y _ •'' or in any room which is pearly ventilated or dirty, or in
°•$ , ; y'' " whioh rubbish or waste material is al
- >??`x?:?• ,?,?n:i??,,, w lowed to acoumulate. ,, ?n?.:,•.1 ?'-` ,fix ??: Jf ?.
•,,?'k'fS'5y?c •:, -? •? '<? „ # •.??.i-t: .4•"l.Sj.s?', re.":, +5, .Y..
of , • f : _ ,r' ,-, .1: ) - . f 1.-,, , /: -i»F ,7 3 JK
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(h) Milk from vessels not protected by suitable
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covers from contamination by dust, dirt, flies.
` (i) Milk or cream in bottles,,. unleas the bottling
is done under clean and sanitary conditions at the place
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of production or the collecting or distributing station.
E - Each bottle shall be capped with the'name of the producer
or distributor.
{ } pasteurized milk for which a true record of
pasteurization as given by a recording thermometer
approved by'the City Health Officer is not on file and
' ready for inspection at the place where the milk is
pasteurized. Each such record shall be correctly dated -
i: and kept on file for two months and available for inspection
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F (k) Milk containing a bacterial count in excess
' of that provided in the respective grades hereinafter "
' provided.
; _,',+'>: (1) Re-pasteurized milk.
(m) Cream which does not comply with the butter
fat standard for the respective classes of cream as defined
in thin coda, or any cream containing less than eighteen
cunt (18;x) butter fat, unless said cream is labeled
per
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. '. , tt (Sub-standard Cream) And the actual butter'
ut ter fat content
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staffed on the label.
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' i (n) Any milk that is not free from all chemicals
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t and adulterations, or milk to which has been added water, ,
' powdered milk or any other substance not milk as herein
defined in Section 1, paragraph (a).
(o) Ski=ed milk which contains le s i than eight
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and five-ten
tha (6.5%) per cent of cn3.4 soIi.ids exclusive ,
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Y of butter fat.
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Buttermilk which contains leas than eight and ons-
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F`,: •. half (8j%) per cent of milk solids exclusive' of butter .fat.
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Milk drawn from corns not tested for the presence
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., of tuberculosis within the provisions of this Code, or
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>.? a= i t„• ?' F';T? '` oo?ys which er?+ -suffering -from any disease or h sic zl
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derect'which may affect the quality of the Z011k.
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(r) Milk containing less than three and five-
tenths (3.5%) per cent butter fat or less than eight and
five-tenths (8.5%) per cent solids not fat;o Milk containing
more than eighty--eight (88%) par cent of water. Milk
which the specific gravity of which at 60 deg*F. is
below 1.033 specific gravity. Milk delivered at over
SO deg. F. Milk containing visible dirt or sediment.
1 (s), Milk produced or handled in violation of any of
s the provisions of this Code.
(t) All Milk the sale of which is prohibited in
j this section shall be regarded as adulteration and impure
and shall be taken and condemned as adulterated and
impure by the Dairy Inspector.
SEC. 4. PEWITS OF DISTRIBUTING PLANTS OR PLACE
WERE MILK IS HANDLED:
No milk shall be handled in the City of Clearwater
without a permit issued by the health Officer or other-
with the terms of said permit and
wise than in accordancaf with the regulations of the said
Health Department. The provisions,of this section shall
not apply to'mi.lk,when sold in hotelsr restaurants, and
} retail stores when such milk has been obtained from
one already in lawful, possession of a permit for the delivery
of milk within the City of Clearwater. Each person
desiring a permit from the Health Department for hand
li.ng milk shall make application therefor on a form-to
be, furnished by said Health Department. The Health
Dd'partament shall not issue a permit for handling milk
.` until after an examination has-been made by the Dairy
Inspector as to the sanitary condition of the place
i? where the milk is to be handled in any way, and of the
dairy farms where said milk is produced„ and the Health
Department is satisfied that the cane and treatment of
said milk 'shall be in accordance with the terms of this
Code and the regulations. of said Health Department.
abate ahaZl be norahange..fvr issuing permits. .
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i 742
SEC. 5. PERMITS FOR DAIRIES AND DAIRY FARMS: Every
Dairy farm or dairy producing milk to be sold in the City
of Clearwater shall secure from the City Health Officer
a permit, which permit shall state the grade of milk
that the farm or dairy will be permitted to sell, and all
permits shall be in force until suspended or vevoked by the
City Health Officer or his representative, and any
permit may be suspended or revoked without notice, for
failure to comply with the requirements of the Dairy
Code or the requirements of the Dairy Code or the re-
quirements of this Ordinance, In the event that any
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milk producer shall fall below the requirements for Grade
A. Milk or Cream, his permit for the sale of milk or cream
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shall be suspended or revoked. In all cases of sus-
pension or revocation the action of the Chief Dairy
Inspector shall be promptly reported to the City Health
Officer. No permit shall be transferable and in the event
any producer shall move from one place to another his
permit shall be forfeited and a new one secured for the
now location. There shall be no charges for issuing such
permits.
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SEC. 6. SUSPENDED PEMiITS. Whenever any permit Is,
suspended or revoked for dirty utensils or other Psanl-
tary conditions, such permit shall not be restored under
three days for the first offense, or under one week for
the second offense, and for the third offense the permit
shall be -,permanently revoked.
SEC. 7. Any dealer selling milk to consumers from a
conveyance shall have attached to the side of.said con-
veyance in a conspicuous place the city license tag, the
permit number and the name of the person, firm or cor-
ermit
pora,tion selling such milk. Said/rumber'shall be in
plain block figures at least three (3) inches high, and
letters,at least two (2) inches high, as.Follows:
HEALTH DEPARTMENT PJERMIT
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displayed on both sides of said conveyance and in color
giving full, contrast with the color of the conveyance.
SEC. 8. Any ,person having possesion or custody of
bottles, cans or other receptacles, used to sell milk shall
cause all such bottles, cans or receptacles to be cleaned
immediately upon emptying the same, and no person shall
use a milk bessel as a .container for any other substance
than milk.
SEC. 9. BARNS. The floor, gutter, and manger
of all dairy barns in which cows are kept by milked,
shall be constructed of concrete or other equally imper-
vious and easily cleaned material approved by the City
Health Officer, and shall be graded t'o drain properly
and shall be kept clean and in good repair at all times.
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743
SBC. 109 MILK, HOUSE. Each dairy farm s1tall be
provided with a properly constructed milk house or room
which shall be not less than ten (10) foot awat from any
cow stall or stable. It shall be divided into two sections
or rooms, one to be used for washing and sterilization
purposes, the other for cooling, bottling and storage
purposes. Such rooms shall have a conoreto floor, be
well lighted and ventilated, and have all oponings
effectively screened to prevent the entrance of flies,
and prevent the entrance of flies, and shall be used for
no other purpose than the handling and storage of milk
or milk products and other operations incident thereto.
The wash room shall be equipped with a properly con-
structed sink with running water and live steam. for
sterilization of utensils. Ample drain pipes carrying
away all waste at least one hundred (10U) ffoot from acid
milk house or roams.. No child lase than twelve (12)
years of age shall be permitted to enter any milk house.
SEC, ll. .RACKS. There shall be racks for cans,
bottles, and other utensils, so hulalt that when these.
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utensils are inverted on them their mouths shall be open
to the air. All milk rooms shall be washed out frequently
witlx water containing disinfectant of adoquate strength.
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SEC, 12. CLOSETS. All dairy farms shall have
at least one sanitary closet connected with a properly
constructed septic tank, or a fly-proof privy of a
type of construction approved by the Chief Dairy Inspector.
Such privy shall not be within two hundred ( 200 , )Poet of
any cow.barn or milk house.
SEC. 13. SANITATION. Every dairyman shall be re-
•yquired to keep all cows at least ten (10) feat from
the milk house,said prevention to be by fence or wire and
to keep the lot adjacent to hisbarn and milk house free
from manure. Droppings shall bo gathered at least once
daily and removed to a place approved by the City Dairy
Inspector, which place shall not be less than two hundred
k200) feet from the dairy barn, milk house, and source
of water supply, and Haid lot shall also be kept free from,
stagnant water and all other objectionable material. All
wells, springs or cisterns supplying water shall be so
constructed and situated as to satisfy the Health Officer
that they are free from any source of possible infection.
There shall not be any pons, quarters or runaways for hogs
or other animals or fowls clover than two hundred (200)
feet from every barn or milk house or,place where milk
is handled or Bold.
744
SEC. 24. Any milk distributor or any person con-
ducting a dairy, dairy farm, or other place in which
m1lk is produced Dr handled for sale or to be-otherwise
disposed of in the City shall report at once to the City
Health Officer any 111nees of an7 kind whatsoever in his,
family or among his employees or any person connected
with his business in any way, giving name and`addross of
attending physician.
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SEC. 15, All dairy utensils shall bo of a conat-
ruction approved by the Chief Dairy Inspector, and shall
be in first class condition. All metal utensils shall
h th fill d fl h ith 1A I di t
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eve a seams a us w s o er. "U"W a oly
after use all utensils shall be rinsed in lukewarm or
cold water. They shall then ba washed in hot water
containing an alkaline wash powder, after whioh they
shall be sterilized with live steam. The strainer clothe
shall always be boiled after use and dried quickly before
beingl.izsdd again. When not in use all utensils shall be
kept inverted and they totether with strainer clothe shall
be protected from flies and dust. All milling shall be done
with clean,'dry hands, into a fish mouth pail having an
opening not to exceed ei tht by four and three.-f ourths ( 8x4;/4 )
inches. No other types,are approved, but the use of a
milking machine of approved type shall be permitted.
All milk bottles shall be sterilized as above roquired and
kept inverted until iL.mediately before filling.
SEC. 16, BOTTLES All milk shall be delivered to the
consumer,in standard glass milk bottles., or in single
service containers of such type of construction approved
by the Chief Dairy Inspector.
SEC. 17. CAPS. All caps for bottles stall be
purchased in sterilized containers and shall remain so
protected, from contamination until used. No milk wagon
driver, or other unauthorized person, shall have in his
poseesblon any milk bottle caps which aro the property
of a milk distributor.
SEd. 18. All capping of bottles shall be done by
machinery approved by the ?On lth Officer. Hand capping
is hereby declared to be unlawful and is prohibited.
SEC. 19. LABELLING. All milk and bream shall be
labeled in accordance with tho grades hereinafter eat-
ablished. Such labels shall state the grads of milk dr• .
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cream and whether raw or pasteurized, and the state in
which milk or cream originated, the day of the week on
which milk was produced shall be stated, the nature of
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the product (milk or cream) and the name of the dairy or
distributing plant from which sold. No labels shall be used
until a sample has been submitted to the health Officer
and approved by him. No grades of milk or cream except
those hereinafter provided for shall be officially
recognized by the City Health Officer, and no additional
statement of the !grade of any milk or cream shall appear
consumer unless approved in each
on any label when delivered to the/aa$gt? by the City
Health Officer.
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SEC. 20. No cattle shall be stabled or milked at a
distance nearer than fifty (50) feet or confined or kept
in an enclosure nearer than thirty (30) feet from a
dwelling place, or from a place where food for. human
consumption is served or sold. This shall. not be con-
strued as preventing the use of fields as pastures.
SEC. 21. Eaoh cow used for the production of milk
for sale or disposal in the City of Clearwater khall
be allowed free movement in the open air at least six(6)
hours each day.
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SEC. 22. Every cow in possession of owners of dairies s'
furnishing milk for the City of Clearwater (and every cow "
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privately owned and kept within the city limits of the
City of Clearwater) shall be registered with the City t
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health Department, 'giving the location of each such cow.
SEC. 23. All cows from which milk is obtained for consumption within the City of Clearwater shall be ;.
tuberculin tested annually or as often as deemed necessary.
.Such testing to be done by Federal, State or 6thpr!?.'vst6r- }
iildtlan recognised by the City Health Officer. All cows
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either used for dairy .or family purposes and kept within ?i ?? . ?
the limits of the City of Clearwater shall be tuber-
oulin tested annually or -as often as deemed advisable by
the City Health Officer; and records of tuberculin torts `
shall be on file in the office of the Cith Health Dep-
artment. All cattle reacting to a tuberculin test either
supplying milk to the City or Clearwater, or privately
owned, kept in the city limits of the City of Clearwater
shall be slaughtered not later than forty-eight(48)
hours after date of reaction, post mortem inspection
to be made by the City Meat Inspector in company wit), the ?.
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veterinarian that made the tuberculin test and whenever
possible by State and Federal veterinarians, unless written
permission is obtained from the City Health Officer for
delay. Reacting cattlershall be kept in strict quarinteen
until slaughtered, and no milk shall be sided for human
consumption from said reactors. All barns, stalls, feed
and water throughs shall be thoroughtl disinfected immed-
lately after removal of reactors. Ao reactor shall be
removed from q Quarantine for slaughter or other purpose
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without permission from the City Health Department.
SEC. 24. All cows tested for tuberculosis as provided
for in the Ordinances of the City of Clearwater, which
react to the tuberculin test, shall be branded on the
left cheek with the letter "T" (meaning-Tuberculosis) at
the time of inspection, and one typical reaction shall be
final; the test used for testing all such corns shall be
tte test approved by the United States Agricultural
Department.
SEC. 25. Dairy cows shall not be fed distiller's waste.
swill or any substance in the state of putrefaction or
rottenness or any other substance that,is unwholesome,. or
that= will. in any-way affect the healthful.hess of the milk.
Any person who sells milk in the City of Clearwater, pro-
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ducedf from cows that are fed. from distillery waste or '
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any substance in the state of putrefaction or containing
any substance that is unwholesome or that will in any
j gray affect the healthfulness of the milk, shall be punished
as heroin provided. The water supply used in the dairy
and for gashing utensils shall be sufficiently abundant
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for all purposes, easy of access and free from any
contamination. Dairy cattle shall be prohibited from
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running on pastures where there are streams, ponds,or other
water that shall be found to be contaminated with sewage.
SEC. 28. No person having a communicable disease or
carving for or coming in contact with any person so
afflicted or who,is a carrier of communicable disease
shall handle milk. Tho Health Department shall cause all
or
persons employed in. `darlez'ar_d milkhouses who in
any manner come in, contact with milk or exposed or placed
' in a position to come in contact with milk, to be ex-
amined by some competent physician approved by the City
Health Officer, for dommunicable disease at least semi-
annually, and at any other time that the Health Officer
may direct. Those found free from couumunicable disease
shall be furnished a health certificate in accordance
with the regulations of the Health Department.
r SEC. 27. The outer clothing of milk handles shall
z consist of clean garments of some light colored washable
material. The hands of the milkers and *ilk handlers
shall be washed clean with soap and water immediately
prior to, and kept clean during milking and the handling
" of milk. The hands shall be kept dry while milking.
SEC. 28. The milk from each cow as soon as drawn
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shall be removed to the milk house and cooled by means
of a cooler, of a type approved by the Chief hairy
Inspector, to a temperature of not over fifty (50)
degrees F. and if delivered to any distributing plant once
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day t o th d dairy arm shall
be kept-in covered cans placed in an insulated concrete
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tank of ice-water, which is approved by the Chief Dairy
Inspector, or in an approved refrigerator, and the
temperature of the milk in such container or refrigerator
shall not be allowad.to rise over fifty(50) degroes F.
SEC. 29. No milch cow shall be sold or offered for s@4$
within the city limits of the City of Clearwater, or bo
brought within nor used within the city limits of the City
of Clearwater as a milch cow unless said cow or cows are
accompanted by a health certificate from a qualified
veterinarian of having successfully passed a tuberculin
teat within the past six months, ih the 'absoince of the
above certificate of test and examination, a tuberculin
test shall be made before the milk of such cow or cows is
used dr sold within the limits of the City of Clearwater.
SEC. 30. It shall be the duty of the Dairy Inspectors,
and Food Inspectors to report. to the Chief of Police or
the City of Clearwater any milk bottle or receptacles found
in the possession of any person or persons other than the
owner or agent of the owner of the said bottles or
receptacles.
SEC. 31. It shall be unlawful to remove milk bottles
from the premises where there is known to be any case of
acute infectious disease. All such bottles shall be
retained until the case is released and shall then be
disinfected under the supervision of some health official of
the City, or persons receiving milk on any such premise
may furnish proper receptacles into which the milk shall
be poured from the original bottles.
The person or persons in charge or control of premises
where there israny case of infectious disease shall
be responsible for such infection, and it shall be his
or her duty to communicate-the presence of milk bottles
on said premises to the City Health C£fiear or some
other health official.
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SEC. "32. GRADE A RAW MILK SHALL conform to all
i requirements of the Dairy Code of the City of Clearwater
as contained in this Ordinance governing thetproduction,
hhndling, labeling, and sale and inspection of milk,
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and with all ordinances horeafter enacted for the purpose
of 8overning or controlling the production of and sale of
;l milk, and in addition shall meet with the following
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- requirements:
(a) All animals in herds producing Grade A milk shall
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be free from disease as determined by physical examination
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made by a licensed and accredited veterinarian at intervals
of not over one year and at such other times as may be
deemed necesdary by the Chief Dairy Inspector..
(b) It shall-be produced from an'accredited herd or herds
' tested within one year and found free from tuberculosis,
or tested and all reacting animals removed and the
premises disinfected, and such other precautions taken as
outlined by the Chief Dairy Inspector.
(o) No anir;ala shall be added to any Grade A herd unless
accompanied by a certificate from an accredited veterin-
arian showing freedom from tuberculosis as determined
by the tuberculin test made within one year, and freedom
from other disease as determined by physicas examination, br
in the absence of such certificate such tuberculin test and
physical examination shall be made within ten days, during
which t1me the added animal or animals shall be kept
away from the rest of the herd.
(d) Where any animal of the herd reacts upon test,
milk from such herd shall not be allowed to continue in
Grade A RAW. In order to return to Grade A Raw classifi»
' cation, the premise's must.be disinfected and all diseased
animals removed and slaughtered.
' (e) No person who has -had typhoid fever, shall be
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' employed in any Grade A dairy farm or bottling plant
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until it has been shown by at least two telsts made in
the Tampa Branch Laboratory of the StatB Hoard of Health
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or,tan?' other laborajcr31H
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Officer of Clearwater, that such person is not a typhoid
carrier, and the City. Health Officer of the City of
Clearwater may require a Widal test of all-persons employed
in Grade A dairy faztms and bottling plants, and no
person giving a positive reaction shall continue to be
employed until such person is shown not to bo typhoid
carrier by the above tests.
(f)) All persons employed in Grade A dairy farms
or bottling plants shall have been successfully vacci- ?
nated against smallpox and shall have had the typhoid
prophylactic within three years.
(g) Grade A. raw milk shall be produced under
sanitary conditions such that the bacteria count shall at
no time prior to delivery to.consumer exceed 50,000 per
cubic centimeter.
SEC. 33. All Grade A raw milk shall be produced
within such distance as to arrive regularly in the City
of Clearwater within three hours from the time of leaving
t the dairy farm.
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SEC. 34. Grade A pasteurized milk shall comply
in every respect with the dairy code of the City df
Clearwater, and with all rerrairemeents for milk which may
hereafter be enacted by ordinance, and shall be the, same
as requirements' for Grade A Raw. The bacteria count
shall not exceed 50,000 before pasteurization. All
milk ofthis grade shall be pasteurized under the official
inspection of the Clearwater #ieilth Department and the
bacteria count at the time of dal.ivery to the consumer
shall not exceed 25,000 par cubic centimeter.
Said milk shall be produced so as to give the City
Health Officer saitsfactory evidence of regularly comply-
ing with all requirements for this grade of milk.
SEC. 35. All milk shipped into the City of Clear
grater far the purpose of being sold or consumed shall be
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g handled in such containers as are approved by the City
Health Officer, and shall be cooled to not over 50 degrees
F, before shipment and m9.i.ntai.ned at not over 50 degrees
3 F. during transit and shall not be over 50 degrees F.
upon arrival in Clearwrater*
Any person, firm or corporation reooi,vi.ng shipped
milk to be sold or offered for sale in the City of
Clearwater, or to be distributed from or in the City of
Clearwater, shall keep an( accurate record of each and
every shipment date of receipt, amount shippod and
received, temperature on receipt, and before removal
from original containers shall within two 'hours after
arrival thereof notify the City Health Officer thereof,
and such other information as the City Health Officer
may require. Such records shall at all times be available
for the information of the City Health Officer or Chief `
Dairy Inspector.
SEC. 35. DELIVERING. All pasteurized milk shall be
delivered to the consumer not later than the day following
the day of pasteurization, as printed on the bottle cap.
SEG. 37. GRADE A RAID -CREAM shall conform to all the
requirements herein for Grade A. Haut Milk except that
the bacteria count for 20% create shall not exceed 250,000.
SEC. 36. GRADE A PASTEURIZED CREAM shall conform to
all requirements for Grade A. Pasteurized milk except
that the bacteria count for 20% cream shall not exceed
1,000,000 before, or 250,000 after pastsurization, Any
cream shipped into the City of Clearwater from points
not over 12 hours from Clearwater, and reaching Clearwater
with not over 1,000tp00 bacteria per c.c. in the raw cream
may be pasteurized as hersinbefore provided, and sold as
Grade A. Pasteurized Cream.
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4 Sec. 39. EQUIPMENT. Any person, firm or corporation
3 handling both Grade A Raw and Grade A Pasteurized Milk
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shall handle it in such manner as will satisfy the City
1 health Officer that the two grades are kept separate,
provided, however, that it shall not be necessary in
' the handling of said milk to use separate equipment for
each grade.
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. SEC. 40. SELLING FOR BEVERAGE PURPCEES. Only Grade
A (raw or pasteurized) milk shall be sold for beverage
purposes in hotels, restaurants, soda fountains, etc.,
and shall be dispensed to the consumer in the original
capped bottle. It shall be unlawful for any hotel,
restaurant, soda fountain, etc., to bottle milk on their
premises for serving to the consumer, or to have any
unused milk bottle caps in their possession.
SEC. 41. BOTTLED CHOCOLATE MILK shall be manufact-
ured only from milk (raw or pasteurized) which shall in
all respects conform to the requireiwnts for Grade A milk,,
except that it shall be lawful for such chocolate milk
to be made from milk containing not loss than 2% butterfat.
Such chocolate milk shall be handled, bottled, capped and
labeled as herein provided for the other grades of milk,
and shall be sold as provided in Section 40 of this
Ordinance.
1 SEG. 42. Whereas in the enforcement of the
; . previsions
_ of the Dairy Code of the City of Clearwater, Florida,
relating to the inspection of dairies, ,dairy farms or
distributors, dhe Health Department'inours certain expense,
a part of which it is deemed proper should be borne and
paid by the dairies, dairy farms or distributors producing
f or selling milk and milk products in the City of Clearwater,
it is hereby provided that every person, firm or-cor-
poration. `'. v;e• } engaged. in the production and handling of milk
or. mi3k products to be sold or distributed in the City d
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nhr x' .,_ ,.:; • tM.. ,: Clearwater pay ty c x?patar th oush
shall to th Ci of lea • r
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its Health Departments. an inspection f eo or charge of
tan cents per mile flat from the City hall In Clearwater
to the point of inspection and return,-such fees or charges
to be paid in advance of each inspection made by the
Health Department of the City through its proper officers "
and employees. Inspection of such dairies and dairy
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farms shall.be made every month, but not oftener, unless
the City Health Officer shall doom additional inspection
necessary to the public health. .
! PROVIDED that such dairies and, dairy farms as are sF
i - located within 40 miles of the Clearwater City hall
shall be required to pay $15,00 per annum as an inspection
dee, which shall be taken as payment of all municipal
inspection charges for the year for which payment is made.
gut, all dairies and dairy farms coming within the purview
L of this ordinance and which are located more than 40 miles
from the City halls shall be required to pay the inspection
fees hereinabove provided, that is to say, on the basis,
of 10¢ per mile each way from the City Hall in Clearwater,
And in all cases where a distributor handles milk in or for i
distribution in the City of Clearwater, which milk domes
from dairies or dairy farms more than 40 miles distant
from the City Hall, such distributor shall be required to Y
pay in advance the inspection reefs herein provided for
each of such dairies or dairy farms f0om which he secured
SEC. 43. The City Commission reserves the right to
waive or nunpand any of the requirements or pc.yvisiona
of thiai•Ordinance',. witshput affecting the enforcement of
other provisions. k
Sec. 44. PENALTY. Any person, farm or corporation.,
or any agent or servant of any persori' firm or corporation,
violating the provisions of this Ordian.nce, shall upon '
conviction be fined not more than'Five Hundred ($500.00) - "
Dollars, or imprisoned not more than sixty (60) days for
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each offense, and whenever the act complained of is a
continuous act or offense, each dayls offense shall be
considered as a separato offense.
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SEC. 45a Should any section, paragraph, sentence,
clafte or phrase of this Ordinance be declared unconsti-
tutional or invalid for any reason, the remainder of said
Ordinanco,shall not be affected thereby.
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SEC* 46, This Ordinance shall be published in :
sections, part and parcel in book form to be known and
designated as the "Dairy Code of the City of Clearwater, t,.
Florida", and copies of the same shall be given to each
member of the City Commission and to the heads of the
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Departments of the City Government and. kept by them
In their offices subject to inspection, during office
hours, by any person desiring to see the same, and one
copy shall be delivered to each registered dairy or
distributing plant registered with the City
producing or
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and at least other copies shall be,
Health Officer
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printed and distributed under the direction of the
City f#ealth Officer. tf, f1,. r.?..
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This Ordinance shall go into effect upon its
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pubXication as required by Section 23 of the Charter Jet
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of the City of Clearwater, Florida, f[t'' r`?
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PASSED AND ADOPTED by the City Commission of the
City of Clearwater, Florida, this 7 day of March, A.D. 1932.
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H. H. Baskin. 4
Mayor-Commissioner.
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J. E. Satterfield. `
Acting City Auditor & Clerk*
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