HomeMy WebLinkAboutORDINANCE NO. 91431
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ORDT P1RDi C~; P~JO. 911 ~3 _
An Ordinance amerzcli.nl~ Ordi na ~-x;e PJo . 8821. of tine ~'itjT of Eugene entitled
'~ ",~,n ordinance defining "mill>"and certai r; "milk products", "milk producer",
~i ",~~asteuri ration", etc., proh_biting the sale of adulterated and misbranded
~' milk and milk products, rec,uirir.g permits for th:; sale of milk and milk
!; products, regulating the ins~~ecti on of dai.ry* farms 2.nd milk plants, the
fl examination, gradinrr, labeling, placard~_ng, pasteurization, the publishing ~
~j of mi7_k C racles, the constr~zction of future dairies and milk plants, and ~'
~I enforcement of this ordinance, and the firing of penalties, and pepealing
all ordinances anal parts of ordinances in conili.ct herewith, and declaring i
I~ an emergency."
assed ~~~r the common council lllia r l4 191~~ azd a7~ roved bar the ILia~ror uia 1 1 l~K. ~
tl P ., S > > ~p ~' 7, 9 ~
TIME CITY OF EtJGEr~ DO?,S ORDAIIJ AS P~L);Ol'TS:
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' SAc,tion 1. That Ordinance PJo. 8821 entitled: i
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it "An ordinance defining "mill." and certain "milk products", "milk producer",
`, "pasteurization", etc., prohibiting the sale of adulterated and mi_shranded ~
~, milk and milk products, requiring, p~nni.ts for the sale of milk and milk
i~ products, regulating the inspection of dairy farms and milk plants, the
~i examination, ~;radinF;, labelinL , ;~7_acarding, pasteurization, the publishing
i of milk grades, the construct~.on of future dairies and milk plants, and 4
enforcement of this ordinance, and the fixing of I~enalties, and repealing
h a7.1 ordinances and p~^.rts of ordinances itz conflict herewith, and declaring
I~ an emergency." i
~; be, aild the same i_s hereby, amended by adding to section 1 the following:
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~' w. Sediment test. An ac: eptable sediment test shall be one tl~t meets the I
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~~ requirements of a standard determined by the Uregcm Ste+~ Department of ~+gri.cultu.re,
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~I, and that said ordinance i.s fl~rther amended so that the following numbered sections 1
I and paragraphs shal_1 read as follows:
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~i Section 1.
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~i a. 1:Iilk. Iviilk is hereby defined to be the lacteal secretion obtained by the i
f complete milkin~* of one or more hoalth~r coVrs; ;;xc)_ud~ng that obtained within 1~ days
I~ before a:~d. 5 days after calving, or such longer l~ri.od, as may he necessary to render.
! the milk practica.lltT co7_ostrtun free; :rrhieh contains not less than 84d of milk solids i
4i not fat, and not less than 3,?_5 Per cent of milk fat. `
`~ f . I3uttermilk . Buttermilk i s a product resulting; from churning of. milk or
~ cream, or from the souring or treatment by a. lactic acid or. other culture of milk, ~
!, skimmed milk, reconstituted skimmed milk, Avoporated or condensed milk or skimmed i
~ mi.lk powder. It conte~.i.ns not less than fi49 of mi7_l.-. solids not fat..
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i~ Section 3 . Fermi_ts . It shal_1 be t~nlavrful for any person to bring into the
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i City of I~~ugene, or its police jurisdiction, for sale, or to sell., or offer for sale
I; therein, or to have i_n storage v:~here milk or milk products are sold or served, or
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I~ to pasteurize any milk or milk product fefined in this ordinance, who does not
I~ possess apez~i+., from the health officer of the City of Eugene. Such a permit may
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I~ be suspended b,r the health officer, upon the violation bJr the holder of any of the i
~~ terms of this ordinance.
Section 1~. Labeling and placardir.U. r a' ~
'~ __._ ~ All bottles, cans, packages, ~~-~d 41~-I;JR
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!i CONTti~'1~: -8 EPJCLOST?`JG T4IILh OR 1'~?'JY IViILK. 1'I~DUCT DL~FIPTFD IP_T TATS ORD71'JAI\ICE SHALL B1J l
PLAIPILY L~:i3ELED OR Irt~1RKED with (1) The name of the contents as given in the definitions j
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in L~ is ordinance : (2) The l;rade of the contents; (3) The word "pas r,eurized" only if
the contents have been st;eurized• 1~ the vrord "raver" onl if' the contents are raw:
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(5) The phrase "for pasteurizati on" if the contents are to b~ rasteurized; (6) The name
and address (city and state) oi' the plant at ~nrhich the contents vier. e pasteurized., if the
contents ;:sere pasteurized:~ and the name and address (city and state) of the producer if
the contents are raw, and (7) in the case of vitamin D milk, the designaticn ~'VJ.tamin D.
r.7ilk~' and the source of the vitamin D. The label or mark shall be in letters of a size,
kind and color approved by the health officer ar_d sha1.7_ contain no marks or vrords which
<~ re mis leading .
Every restaura;~t, cafe, soda fountain, or other establishment servi.^g milk or milk
products shall display at all times, in a place designated by the health officer, a r_ot-
ice approved by the health officer, statJng the lovrest grade of milk and/or milk products
served.
Section 7. -------
Item 23?. Cooling. ~~iilk must be cooled immediately after completion of milking to
~0°F. or less, and maintained at th2t a.vera.r;e temperature, as defined. in Section 1 (s),
until deJ_iverf. If milk is delivered to a milk , lent or receiving station for pasteuriza-
tion or separation, it must be delivered vrithin 2 hours after completion of rru.lking or
cooled to 60°F. or less and maintained at th2t avera~~e temperature until delivered.
Item 26R. R,4iscellaneous. All vehicles used for the transportation of milk or milk
products shall be so constrlacted and operated as to protect their. contents from the sun
and from contemination. All vehicles used for the transportation of milk or miJ_k products
in their final delivery containers shall be constri:cted vrj.th permanent tops and with per-
manent or rolldovm sides and back, provi ded that openings of the size necessary to pass the
deliveryman may be permitted in the sides or back for loading unloading purposes. All
vehicles sha]_1 be kept clean, and no substance capable of contaminating r,~ilk or milk pro-
ducts shall be transl or•ted irrith milk or milk products shall be transported with milk or
milk products in such manner as to permit contamination. All vehicles used for the d~stributio
of milk or milk products shall have the name of the distributor prominently di spla~red .
The immediate surroundings of the dairy shall be kept in a neat, clean condition.
Grade B ita11 L~iilk, Grade R ravr milk is ravr mi7_k vh ich violates the bacterial standard
for grade A ravr mild:, but which conforms vri_th all other regl~irements for Grade A ra.w milk,
and. has an ~<verage bacterial plate crnm+., not ex_cseding X0,000 per cubic centimeter or an
avera~,,e reduction time of net less than 3u hours Gs determined under sections 1 (s) and 6.
Grade C Raw P~4ilk. Grade "C" ravr milk i s ravr milk vrhich violat;e~~ an~r of the require-
men+~ for Gracie B ravr milk .
Grade A I'ast~urized milk. Grade 1~ pasteurized milk is Grade A raw milk, Zviht such
exceptions as are indicated if the miJ_k is to be ~>asteurized, vrhich has been pasteuri zed,
cooled, and bottled in a milk p]_ant conforming w~.th all of the follovring items of sanitation
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and tkie atTe.rae bacterial plate count of arhJ_ch at no time after pas±,eurization and until
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delivery exceeds 20,000 per cubic centimeter, as determined under Section 1 (s) a.nd 6.
The grading of a. F~asteurized milk s~ipply shall include the inspection of receiving
and collecting stations with respect tc items 1P and 151', inclusive, and 17P, 19Y, 22P
and 23P, e~~cept that the : artiti onin~; requirement of item 5P shall not apply.
Section 8. Grades of lRi,lk: and Milk Products which may be sold.
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milk products or cream in the City of Eugene shall be as follov~s:
For each store sel]_ing milk, milk products or cream ar. annual permit fee of X2.50.
For producers selling to authorized distributors or bringing into the City for their
ovm use and not for delivery to others, X1.00 per annum.
Each operator of a milk plant, vrho shall operate Under a permit from the health officer
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time that said permit shall be suspended.
A17. perm; tv shall expire on the 31st day of December next, ensuing the issuance thereof.
All such permits ma,y l~e revoked by the health officer upon the violation b3* the holder
of any of. the terms of this ordinance provided that the holder of said permit shall, after
complying vrith the terms of this ordinance, hatTe the right to appeal through the board of
health to the common council of the City of Eug~e.
Secti~r. 2. That all ordinances and parts of. ordinances in conflict herewith be, and
From and ~.fter July 1, 191F8, no milk or milk products shall_ bo~ sold to final consumer,
restaurant, soda fountain, grocery stores, or s~rnilar establishments except Grade "A"
pasteurized. Provided, that when any milk distributor f~~ils to qualify for the above
grade, the health officer is authorized to revoke his permit or in lieu thereof to degrade
his product ar..d permit its sa]_e during a temporary period not, exceeding; 30 days or in
emergencies such longer period as he may ddem necessary.
Section 17. Permit Fees. The permit. fee for the sale, handling or disposal of milk,
of the L'ity of Eugene shall. pay a permit fee to the City of Eugene at the office of the City
Recorder in the City of Eugene, Ure;on, as follows: On or before the 15th day of each
month the sum of one-half cent for each pound of butter fat contained in milk or milk
products pasteurized and sold in the bottle anc can tr=.de by said operator during the
previous calendar month. All payments of monthly permit i'ees shall be accompanied by a
statement of the milk plant operator or his or its agent, setting forth the number of
pounds of butter fat sold in the form of milk or milk products in the bottle and can trade
as before set forth, by such milk plant operator during the previous calendar month. In
the event a milk plant operator shall fail or neglect to make payment of any monthly pay-
ment of the permit fee when due, the permit of such milk plant operatAr sha]_1 be deemed
suspended until pa;mient of said permit fee and it shall be un3awful for an~r milk plant
operator to operate said milk plant without said pern:it vrithin the City of Eugene at an~T
they are hereby repealed.
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Passed by the common Council
this 26th day of ~:pril, 1~L;8.
Appr. owed bar the ~~ayor to is
2j th day o f l~n ril , 191 8 .
/s/ ~ienry F. Beistel
City Recorder
/s/ Earl L. P~icPJutt
~2ayo r
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