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6. No term shall be used to designate the grade or quality of milk or cream which is sold or offered for sale in the city of Buffalo, except "certified," "grade A pasteurized,” “grade B pasteurized.”

7. Certified milk.-No milk shall be sold or offered for sale in the city of Buffalo as certified milk which does not conform to the regulations prescribed by and bear the certification of a milk commission appointed by a county medical society organized and chartered by the Medical Society of the State of New York and which has not been pronounced by such authority to be free from antiseptics, added preservatives, and pathogenic bacteria or bacteria in excess of 10,000 per cubic centimeter. All milk sold as certified milk shall be conspicuously marked with the name of the commission certifying it, the name and address of the producer, and the date on which said milk was drawn from the cows.

8. Grade A pasteurized.—No milk or cream shall be sold or offered for sale in the city of Buffalo as grade A pasteurized unless it conforms to the following requirements, viz: Such milk or cream, before pasteurization, must not contain more than 200,000 bacteria per cubic centimeter, and such milk must not at any time after pasteurization, to and including the time of delivery to the consumer, contain more than 30,000 bacteria per cubic centimeter, and such cream shall not contain more than 150,000 bacteria per cubic centimeter after pasteurization to and including the time of delivery to the consumer. Such milk and cream must be delivered to the consumer within 36 hours after pasteurization and may be delivered to consumers only in containers sealed at the pasteurization plant. The cap or tag on said container shall be white and contain the term "grade A pasteurized" in large black type, with the name and address of the dealer making delivery to the consumer.

9. Grade B pasteurized.—No milk or cream shall be sold or offered for sale in the city of Buffalo as grade B pasteurized unless it conforms to the following requirements, viz: Such milk before pasteurization must not contain more than 500,000 bacteria per cubic centimeter and such cream not more than 1,500,000 bacteria per cubic centimeter. Such milk must not at any time after pasteurization, to and including the time of delivery to the consumer, contain more than 100.000 bacteria per cubic centimeter and such cream not more than 300,000 bacteria per cubic centimeter. Such milk and cream must be delivered to the consumer within 36 hours after pasteurization. The cap or tag on the container must be white and contain the term "grade B pasteurized" in large, bright green type, together with the name and address of the dealer making the delivery to the consumer.

10. Whenever in an emergency caused by the breaking of the pasteurizing apparatus or other unforeseen circumstances, it is temporarily impossible for a dealer or handler of milk to comply strictly with the provisions of this section requiring pasteurization, the health commissioner, if he is satisfied that the public health will not be endangered thereby, shall have power to suspend temporarily said requirements under such terms and conditions as he shall from time to time impose.

11. Any person, firm, or corporation violating any of the provisions of this section shall be liable to a penalty or fine of not more than $250 for each and every offense. Any penalty specified in this section may be recovered by the city of Buffalo in a civil action, or, upon conviction in a court of criminal jurisdiction, a person shall be subject to the fine herein mentioned. In case any person does not immediately pay the penalty or fine imposed he may be committed to the Erie County Penitentiary for the term of one day for each and every dollar of such penalty or fine not paid.

DULUTH, MINN.

Pasteurized Milk and Cream-Production, Handling, and Sale. (Ord. 926, July 11, 1917.)

That the ordinance entitled "An ordinance to provide for the inspection of milk dairies and dairy herds, and to license and regulate the sale and disposal of milk in the city of Duluth," passed December 5, 1904, and published December 9, 1904, be amended as follows:

PASTEURIZED MILK.

No milk or cream shall be sold or offered for sale as "pasteurized" milk unless it conforms to the following requirements:

SECTION 1. Permits.-No person shall engage in the handling of milk for shipment into the city of Duluth until he has obtained a permit therefor from the director of public health. This permit shall be renewed on or before the 1st day of May of each year and may be suspended or revoked at any time for cause. The dealer selling or delivering such milk or cream must hold a license from the city of Duluth,

SEC. 2. All cows producing such milk or cream must be healthy, as disclosed by a physical examination.

Such milk or cream before pasteurization must not contain more than 800,000 bacteria per cubic centimeter.

Such milk must not at any time after pasteurization and previous to delivery to the consumer contain more than 50,000 bacteria per cubic centimeter, and such cream not more than 400,000 bacteria per cubic centimeter.

[No section 3.]

SEC. 4. Such milk and cream must be produced on premises which are scored on the score card authorized by the Bureau of Animal Industry of the United States Department of Agriculture not less than 20 per cent for equipment and not less than 35 per cent for methods. Total, 55 per cent.

SEC. 5. Such milk and cream must be delivered to consumer only in containers sealed at the pasteurizing plants.

The caps or tags must be white and contain the term "pasteurized” in large, bright green type and the name and address of the dealer.

SEC. 6. Pasteurization.-All containers in which pasteurized milk or cream is delivered shall be plainly labeled "Pasteurized." Labels must state the place where pasteurization was performed and the name of the person, firm, or corporation offering for sale, selling, and delivering same.

No milk or cream shall be sold or offered for sale as pasteurized unless it has been subjected to a temperature averaging 145° F. for not less than 30 minutes, and no milk or cream which has been heated by any methods shall be sold or offered for sale unless the heating conforms to the provisions of this regulation. The milk or cream after pasteurization shall be at once cooled to a temperature of 50° F. or less and placed in clean containers and the containers immediately closed.

Licenses or permits shall not be granted to pasteurize milk or cream unless all forms of apparatus connected with said pasteurizing plants have been approved by the health department.

No milk or cream shall be pasteurized more than once.

Each plant for the pasteurization of milk or cream shall be equipped with suitable automatic time and temperature recording devices, indicating to what temperature the milk and cream has been heated and the length of time it was subjected to such heat, as well as the time when such record was made.

Sec. 7. (a) All pasteurizing plants shall be located at least 100 feet from any hog pen, manure pile, privy vault, or other source of contamination.

(b) The water used for washing bottles and utensils shall be obtained from a source subject to the approval of the health department.

(c) Every privy vault located on any premises where milk is bottled shall be so constructed that the contents shall be inaccessible to flies, and every such privy vault shall be kept at all times in a sanitary condition.

(d) The floors in the bottling and washing room shall be water-tight constructed of cement, concrete, or other nonabsorbent material and properly drained to a point or points at which drainage is disposed of. The walls and ceilings shall be smooth and kept well painted.

(e) Bottling and washing rooms shall be well lighted and ventilated.

(f) All rooms where milk and cream are handled shall be thoroughly screened against flies.

(g) Nonemployees shall be excluded at all times from bottling and washing rooms, except inspectors or others authorized by health department.

(h) Adequate lavatory facilities for employees shall be provided in separate and distinct rooms from apparatus used for handling of milk or treatment of milk utensils.

All employees engaged in bottling and washing rooms shall, before beginning work and after visiting the toilet, wash their hands thoroughly with clear water and soap.

(i) No bottling or washing room shall be used as a living or sleeping room or be directly connected with such room or be used for any purpose other than the storage or handling of milk and milk utensils.

(j) No person affected with any communicable disease shall be employed in any milk-bottling establishment, and no member of the family or household of any such person shall be so employed unless upon permission of the health department.

(k) Bottle caps shall be kept in a clean, dust-proof container.

(1) Bottling and washing room and all parts thereof shall be kept clean and free from offensive odors, dirt, dust, rubbish, clothing, and all articles not used in the handling of milk, and domestic animals shall not be permitted in such

rooms.

(m) All milk utensils and apparatus shall be of such construction as to be readily cleansed and shall be kept in good repair at all times.

(n) All utensils, tanks, and sanitary piping shall be thoroughly sterilized at least once daily.

(0) No spitting or smoking shall be permitted in bottling and washing rooms. SEC. 8. Milk and cream to be bottled and kept under sanitary conditions.-No milk or cream shall be sold or offered for sale in bottles unless the bottling is done under clean and sanitary conditions at the place of production or at properly equipped milk plant.

SEC. 9. Ice cream.-Ice cream shall not be sold or offered for sale that has been produced under insanitary conditions. It shall be made to conform with the pure food laws of the State of Minnesota. Ice cream sold or offered for sale shall not contain more than 750,000 bacteria per cubic centimeter.

SEC. 10. Revocation.-In any case where a license has been granted to any person, firm, or corporation, and it shall thereafter appear to the satisfaction of the council that the holder of such license has violated any of the provisions of this ordinance, the council may revoke the said license.

SEC. 11. Penalty. Any person, firm, or corporation violating any of the provisions of this ordinance shall be guilty of a misdemeanor, and on conviction 35495°-21-21

thereof shall be punished by a fine of not more than $100 or by imprisonment for not more than 85 days.

SEC. 12. Repeal.-All ordinances or parts of ordinances inconsistent with this ordinance are hereby repealed.

SEC. 13. When to take effect. This ordinance shall take effect and be in force six months from its passage and publication.

MINNEAPOLIS, MINN.

Milk and Milk Products—Production, Handling, and Sale. (Ord. Apr. 23,

1917.)

SECTION 1. Definition of terms.-The word "person," as used in this ordinance, shall include any and all individuals, firms, associations, and corporations. The word "milk" shall include milk, cream, skim milk, buttermilk, and other liquid products intended for human consumption, but shall not include condensed milk sold in hermetically sealed cans. The words "sell" and "sale" shall include all transactions of a mercantile character. "c. c." shall mean and stand for cubic centimeter.

SEC. 2. License and inspection.-No person shall sell milk to consumers or for manufacturing purposes within the city of Minneapolis without first obtaining a license therefor as herein provided. Any person holding a city license to sell foods or to conduct a restaurant, hotel, or public eating house shall conform to the requirements of this ordinance in the handling and sale of milk, but shall not be required to take out a second city license.

SEC. 3. Any person desiring such a license to sell milk in the city of Minneapolis, shall file with the commissioner of health a written application to the city council for such license. The application shall state in full:

(a) Name and place of business of the applicant.

(b) Name of the owner and location of each dairy and dairy herd and pasteurizing plant from which milk is to be obtained.

(c) Number of cows in each herd from which milk is obtained.

(d) Nature of milk business to be conducted as defined below: 1. Milk producer-a person who sells and delivers to the consumer milk produced at his own dairy. 2. Milk distributor-a person who sells and delivers to the consumer milk produced by other persons. 3. Operator of a pasteurizing plant—a person who pasteurizes and sells milk.

(e) Class of milk to be sold.

(f) Kind of each vehicle to be used in delivering milk and the number by which it is designated.

If raw milk is to be sold, the veterinary surgeon's certificate prescribed in section 4 shall be filed with the application for a license.

SEC. 4. Every applicant to sell raw milk shall submit his application with a certificate showing that his dairy herd or herds have been given the tuberculin test within six months by a graduate veterinarian approved by the State livestock sanitary board and according to the regulations for that test prescribed by the board, which are as follows:

"The veterinarian making the test shall take not less than three temperatures before injection at intervals of not less than four hours, the first of these to be preferably a forenoon temperature, and at least eight hours before injection.

“The temperature after injection shall be taken at intervals of not less than two hours nor more than three hours, beginning not later than the eleventh hour after injection, continuing to at least the twentieth hour. Later tempera

tures shall be taken in cases of animals showing suspicious rise at the eighteenth and twentieth hours.

"The veterinarian applying the test must personally take all temperatures and make the injection of tuberculin.

"Tuberculin tests differing materially from this shall not be accepted by the

board."

It is necessary that the following certificate be made out, otherwise tests will not be accepted:

I hereby certify that I personally took the temperatures at the following hours before injecting tuberculin_-_-.

tuberculin at----

(hours)

[blocks in formation]

-----I injected the and took temperature

(hours)

I further certify that the within record is a true and faithful showing of the test as made.

Subscribed and sworn to before me.

Veterinarian.

Notary.

After such inspection, examination, and test of such cattle and dairy herds as herein provided every animal so examined and tested shall be tagged by the person making such examination and test with a tag duly numbered and of such character as to afford a permanent record of such examination and test and the results of the same as regards the presence or absence of tuberculosis. Those which have been tested and found free of tuberculosis, and are registered on the State accredited tuberculosis-free herds list of the State live-stock sanitary board may not be tagged.

After the removal of any tubercular animal from a dairy the premises shall be disinfected in a manner approved by the Minneapolis Department of Health. The applicant for license to sell raw milk shall make affidavit on his application that he has permanently removed from his dairy herd or herds all animals which were condemned by the veterinarian making the test and shall sign an agreement that he will not add any cows to his herd until they have been tested for tuberculosis and found to be free from it. All tuberculin, stationery, and tags necessary for the test shall be furnished by the department of health. SEC. 5. The commissioner of health shall present the application to the city council, together with a report as to whether the applicant has complied with the requirements of this ordinance and is a fit and proper person to receive a license. When authorized by the city council and on the applicant's presenting a receipt from the city treasurer showing the payment of the license fee as prescribed in section 6 the commissioner of health shall issue to the applicant a license to sell milk. The license shall state the name and place of business of the licensee, the nature of business to be conducted, the class of milk to be sold, and the date of last inspection by the health department. All licenses issued under this ordinance shall be for not more than one year and shall expire the first Monday in May unless sooner revoked. No license shall be sold or transferred.

SEC. 6. The license fee shall be $1 for each wagon or other vehicle used in delivering. The minimum fee for a license shall be $1.

SEC. 7. The commissioner of health shall furnish each licensee at cost with two metal plates for each vehicle used for delivering milk, stating the name of the city, the license number, and the year when the license expires. The licensee shall at all times keep the two metal plates on each vehicle, one on

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