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HomeMy WebLinkAboutORD 247 Making Mandatory the Grading and Labeling of Milk and Milk Products 31 -1 i - I ~ ORDINANCE NO. 24'1 AN ORDINANCE MAKING DNDATORY THE GRADING AND LABELING OF MILK AND CERTAIN MILK PRODUCTS SOLD OR OFFERED FOR SALE WITHIN THE CORPORATE LIMITS OF THE CITY OF WEST UJ\TIVERSIDTY PLACE, TEXAS; PROHIBITING THE SALE OF ADUL- TERATED, MISBRANDED, OR UNGRADED MILK, AND MILK PRO- DUCTS; REQ.UIRING AND PROVIDING FOR THE ISSUING AND RE- VOKING OF PERMITS FOR THE SALE OF MILK AND MILK PRO- DUCTS; AUTHORIZIID AND DIRECTING THE. CITY HEALTH OFFICER TO RECEIVE APPLICATIONS FOR, INSPECT DAIRIES AND MILK PLANTS AND GRANT OR REVOKE PERMITS TO PERSONS, FIRMS AND CORPORATIONS TO SELL OR OFFER FOR SALE GRADED MILK AND MILK PRODUCTS WITHIN THE CITY; PROVIDING FOR THE CONSTRUCTION OFFITTURE DAIRIES AND MILK PLANTS; ADOPTTNG'-'THE PROVISIONS pF SENATE BILL 83 PASSED BY THE REGULAR SESSION OF THE 45TH LEGISLATURE, 1937; PRO- VIDING FOR THE ENFORCEMENT OF THIS ORDINANCE, AND THE -'FJ:XING OF PENALTIES. ************* WHEREAS, the Regular Session of the 45th LegiSlature, 1937 passed 'an Act known as Senate Bill 83, relative to the grading and labeling of. milk and milk products and au thorizing the. governing bodies of cities to make mandatory the grading and grade labeling of milk and milk products sold and offered for sale within the corporate limits of such ~ities, and WHEREAS, it is necessary to regulate the sale of milk and milk products within the City of West University Place, for the promotion of health, the governing bo~y of said City desires to require permits for the sale of milk and milk products and to make mandatory the grading and labeling of milk and milk pro- ducts sold and offered for sale within the City limits of the City of West University Place, Texas, how therefore, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS: SECTION 1. That hereafter it shall be unlawful for any person, firm or corporation to sell or offer for sale any milk or milk product within the corporate limits of the City of West University Place, without such person, firm or corporation first makes application to and receives a permit from the City Health Of- ficer to sell such milk or milk products. The City Health Officer shall issue or revoke such permits in accordanc e with the r equire- ments and conditions hereinafter set forth; provided he may revoke or refuse to issue a permit, if in his judgment any milk is unfit for human consumption. -I I i SECTION 2. The City Health Officer of the City of West Uni- versity Plaeeis hereby authorized arid directed to receiv.e appli- cations for, and grant permits to persons, firms and corporations desiring to sell or offer for sale milk and milk products within the City; provided said Health Offioer shall inspect the equipment t. ::..1 ~[ .. .: 1[11I Jillill u l l ...~ ~2 ., and sanitation of the dairies and. milk plants and grade the milk according to the provisions of Senate Bill 83, passed by the 45th Legislature, Regu~ar Session, 1937, and in accordance with the rules and regulations promulgated by the State Health Officer In pursuant thereto.. The grading. 'and labeling of milk and milk pro-I ducts sold and offered for sale within the corporate limits ~ according to definition (p), Section 1 of the said Senat'e Bill 83, for grades ffAff, flBn, nc" raw milk. and milk products, and definition (Q.) for grades fIA", "B", and "c" pasteurized milk and milk products, is hereby made mandatory. These specifications are on file with the City Oler.k for public examination. . SECTION ~! Adulterated, Misbranded, or Ungraded Milk or Milk Products Prohibited. No person shall within the City of West University Place or its police jurisdiction, produce, sell, offer or expose for sale, or have in possession with:1.intent to sell, any milk or milk produQt which is adulterated, misbranded, or ungraded wi thin the meaning of.J=!.nd under the panel ty of the aforesaid Senate Bill 83. Violation of this Section shall be sufficient cause for revocation of permits for the sale of milk or milk products. SECTION 4. All pasteurized milk and milk products shall be placed] in their final delivery containers in the plant in which they are pasteurized, and all raw milk and milk products sold for consumptfuon in the raw state shall be placed in their final de- livery containers at the farm at which they are produced. SECTION 5!. All future dairies and milk plants from which milk ~ or milk produets are supplied to the City of West University Place I I which are hereafter constructed, reconstructed, or extensively al- LJ tered shall conform in their construction to the grade A require- ments of this ordinance. SECTION 6. Enforcement interpretation. - This ordinance shall be enforoed by the City Health Officer in acoordance with the inter- pretations thereof contained in the 1939 edition of the U. S~ Publio Health Service Milk Code and aforesaid Senate Bill 83. SECTION 7~ From and after the effective date of this ordinanoe, no milk or milk products shall be sold except grades ~ and B pas- teurized, certified, and grade A raw; provided lower grades may be sold during degrading periods as determined by the City Health Offioer. SECTION 8. Repeal and Date of Effect. -- All. ordinances and parts of ordinances in conflict with this ordinance are hereby re- pealed; and this ordinance shall be in full force and effect im. mediately upon its adoption and its publication, a s provided by:.law. SECTION 9f_ Unconstitutionality clause. Should any section, paragraph, sentence, clause or phrase of this ordinance be declared unconstitutional or invalid for any reason,' the remainder of said ordinance shall not be affected thereby. SECTION 10._ Any person, firm, corporation or assiciation of persons who shall sell, offer for sale, or possess for the purpose u J I [ I -----, 33 of sale any milk or milk product within the Ci.ty of West University Place, without having a permit authorizing the sale of same, issued by the City Health Officer of the City of West University Place, Texas, or who- shall sell or possess for the purpose of sale any milk or milk product after a permit has been revoked or suspended or who shall violate any of the provisions of this ordinance shall be fined in a sum not exceeding One Hundred Dollars, and each separate sale, or posses- sion for sale, or violation of this ordinance shall consitute a sepa- rate offence. SECTION 11. Where violations of this ordinance and the provisions of said Senate Bill 83 are found, the City Health Officer, his agents or any other city officer having jurisdiction, shall file complaint or complaints in SOmB court of competent jurisdiction.. . PASSED AND APPROVED this the 9th day of November, A. D. 1942. ~.~~ MAYOR, City of~iest University Place, T E X A S. ATTEST: ~~- .'1.'1 I lJ:1I1 "