HomeMy WebLinkAbout1485 ORDINANCE N0..1485
"AN ORDINANCE defining milk and certain milk products, milk producer, pasteuriza-
tion, etc., proh!biting the sale of adulterated and misbranded milk and milk pro-
ducts, requiring permits for the sale of milk and. milk products, regulating the
inspection of dairy farms and milk plants, the examination, grading, labeling, plac-
ardtmg, pasteurization, regradi~g, distribution, and sale.of milk and milk products,
providing for the publishing of milk grades, the construction of future dairies and
milk plants, the enforcement of this ordinance, and the fixing of penalties."
BE IT ORDAINED BY THE COMMISSIONERS OF THE CITY OF BRE~/~RTON. AS FOLLOWS:
Section 1. Definitions. Tho following doflni~ion~ ~ha!l apply in the inter-
pretation and the enforcement of this ordinance':
A. Milk. Milk is hereby defined to be the lacteal secretion obtained
~y the complete milking of one or more healthy cows, excluding that
obtained within 15 days before and 5 days after calving, or such
longer period as may be necessary to render the milk practically
colostmm free; which contains not less than 8 percent of milk
solids not fat, an~ not ].ess than 3~ percent of milk fat.
B.Milk fat or butter fat. Milk fat or butter fat is the fat of milk.
C. Cream an~. sour cream. Cream is.a portion of milk which contains not
less than 18 percent milk fat. Sour cream is cream the acidity of.
which is more than 0.20 percent, expressed as lactic acid.
D. Skimmed Milk. Skirmmed milk is milk 'from which a sufficient portion
of milk fat has been removed to reduce its milk-fat percentage to
less than 3~ percent.
E. Milk or skimmed-milk beverage. A milk 'beverage or a skimmed-milk
beverage is a food compound or confection consisting of milk or
skimmed milk, as the case may be, towhich has been added a sirup
or flavor consisting of wholesome ingredients.
F. Buttermilk. Buttermilk is .a produc~ resulting from the 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,
evaporated or condensed milk or skimmed milk, or milk or skinEed-
milk powder. It contains not less than 8 percent of milk solids
not fat.
G. Vitamin D milk. Vitamin D milk is milk the vitamin D content of
which has been increased by a method and in an amount approved by
the health officer.
H. Reconstituted or recombined milk and cream. Reconstituted or recom-
btned milk is a product resulting from the recomb~ning of milk con-
stituents with water, an~ which complies with the.standards for
milk fat and solids not fat of milk as defined herein. Reconstitute
or recombined cream is a product resulting from the combination of
dried cream,' butter, or butter fat with cream, skimmed milk, milk,
or water.
I. Goat milk. Goat milk is the lacteal secretion, free from colostrum,
obtained by the compl'ete milking of healthy goats,and shall comply
with all the requirements of this ordinance. The word "cows"
shall be interpreted to include goats.
J. Homogenized milk. Homogenized m~lk'is milk which has been treated
in such manner as to insure break-up of the fat globules to such
an extent that after 48 hours storage no visible cream separation
occurs on the milk.and the fat percentage of the top 100 cc. of
milk in a quart bottle, orlof p~oportionate volumes in containers
of other sizes, does not differ by~more than 5 percent of itself
from the fat percentage of the re~aining milk as deter~nined after
thorough mixing.
K. Milk products. Milk products shall be taken to mean and include
cream, sour cream, homogenized milk, goat milk, vitamin D milk,
buttermilk, skimmed milk, reconstituted or recombined milk and
cream, milk beverages, skimmed-milk beverages, and any other pro-
duct made by the addition of any substance to milk or any of these
products and used for similar purposes and designated as a milk
product by the health.officer.
L. Pasteurization. The terms "pasteurization", "pasteurized", and
similar terms shall be taken to refer to the process of heating
every particle of milk or milk products to at least 143°F., and
holding at such temperature for at least 30 minutes, or to at least
160°F., and holding at such temperature for at least 15 seconds,
in approved and properly operated equipment: Provided, that nothin~
contained in this definition shall be construed as disbarring any
other process which has been demonstrated to be equally efficient
and is approved by the State health authority.
M. Adulterated milk and milk products. Any milk or milk product
contains any.unwholesome substance, or which if defined in this
ordinance does not conform with its definition, or which carries a
grade label unless such grade label has been awarded by the health
officer and not revoked, shall be ~eemed adulterated and misbrande~
Ordinance No. 1485 (cont)
N. Nilk producer. A milk producer is 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.
0. Nilk distributor. A milk distr~butor ~.s any person who offers for
sale or sells to another any m.~_lk or milk products for human consump-
tion as such.
P. Dairy or dairy farm. A dairy or dairy farm is any place or premises
where one or more cows are kept, a p~rt or all of the milk or milk
products from which is sold or offered for sale.
Q. Milk plant. A milk plant is any place or premises or establishment
where milk or milk products are collected, handled, processed,
stored, bottled, pasteurized, or prepared for distribution.
R. Health officer. The term "health officer" shall mean the health
authority of the Couty of Kitsap, or his authorized representative.
S. Average bacterial plate count, direct microscopic count, reduction
time, and cooling tempereture. Average bacterial plate count and
average direct microscopic count shall be taken to mean the logar-
ithmic average,'and average reduction time and average co~ling '
temperature shall be taken to mean the arithmetic average, of the
respective results of the last four consecutive sample s, taken
upon separate days, irrespective of the date of graddng or regarding.
T. Grading period. The grading period shall be such period of time
as the health officer may designate within which grades shall be
determined for all milk and mil~ products, provided that the grad-
ing period shall in no case exceed 6 months.
U. Person. The word "person" as used in this ordinance shall mean
"person, firm, corporation, or association."
V. And/or. Where the term "and/or" is used "and" shall apply where
possible, otherwise "or" shall apply.
Section 2. The sale of adulter, ated, misbranded, or ungraded milk or milk pro-
ducts prohibited. No person shall Within the City of ~remerton,
or its police ~urisdiction, produce, s&ll, offer, or expose for s~le,
or have in possession with intent to sell, any milk or milk product
which is adulterated, misbranded, or ungraded. It shall be unlaw-
ful for any person, elsewhere than in a private home, to have in
possession any adulterated, mlsbranded, or ungraded milk or milk
pro duc t.
Section 3. Permits. It shall be unlawful for any person to bring into or
receive into the City of Bremerton, or its police Jurisdiction, for
sale, or to sell, or offer for sale therein, or to ~ave in storage
where milk or milk products are sold. or served, any milk or milk
product defined in this ordinance, who does not possess a permit
from the health officer of the County of Kitsap.
0nly a person who complies with the requirements of this ordinance
shall be entitled to receive ~d retain such a permit.
Such a permit may be suspended by the health officer, or revoked afte~
an opportunity for a hearing by the health officer, upon the viola-
tion by the holder of any of the terms of this ordinance.
Section 4. Labeling and placarding. All bottles, cans, packages, and other
containers enclosing milk or any milk product defined in this ordin-
ance shall be plainly labeled or marke(t with (1) the name of the
contents as given in the definitions in this ordinance; (2) the
gra~e of the contents; (3) the work "pasteurized" only if the con-
tents have been pasteurized; (4) the word "raw" only if the contents
are raw; (5) the phrase "for pasteurization" if the contents are
to be pasteurized; (8) the name of the producer if the contents are
raw, and the name of the plant at wh~6h the contents were pasteurized,
i£ the contents are pasteurized; and (~) in the case of vitamin D
milk, the designation "Vitamin D Milk" 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 and shall contain no marks
or words which are misleading.
Every restaurant, cafe, soda fountain, or other establishment serv-
ing milk or milk products shall display at all ti~es, in a place
designated by the health officer, a notice approved by the health
officer, stating the lowest grade of milk and/or milk products
served.
Section ~. I_~spectiqn of dairy farms and milk plants for the purpose of grad.ing
9r rega.d..i..ng. At least once during each grading period the health
officer shall inspect all dairy farms and all milk plants whose
milk or milk products are intended for consumption within the City
of Bremerton, or its police Jurisdiction. ~n case the health
Ordinance No. 1485 (cont)
officer discovers the violation of any item of sanitation, he shall
make a second inspection after a lapse of su~h time as he deems
necessary for the defect to be remedied, but not before the lapse of
3 days; and the second inspection shall be used in determining the
grade of milk and/or milk products. Any violation of the same item
of this ordinance on two consecutive inspections shall call for
immediate degrading.
One copy of the inspection report shall be posted by the health
officer in a conspicuous place upon an inside wall of one of the
dairy farm or milk plant buil~tngs, and said inspection report shall
not be defaced or removed by any perso~ except the health officer.
Another copy of the inspection report shall be filed with the records
of the health department.
Section 6J The examJnation of milk and milk prod~cts. During each grading period
at least four samples of milk and cres~u from each dairy farm and each
milk 'plant shall be taken On separate days and examined by the
health officer. Samples of other milk products may be taken and '~
exs3nlned by the health officer as often as he deems necessary.
Samples of milk and milk products from stores, cafes, soda fountains,
restaurants, and other '~laces where milk or milk prod. ucts are sold
shall be examined as often as the health officer may require.
Bacterial plate co~nts and direct microscopic counts shall be made
in conformity with the latest standard methOds'recommended by the
American Public Health Association. Examinations may include such
other chemical and physical determinations as the health officer
may deem necessary for the detection of adulteration, these examin-
ations to be made in accordance with the latest standard methods of
the American Public Health Association. and the Association of
Official Agricultural Chemists. Samples may be taken by the health
officer at any time prior to the final delivery of the milk or milk
products. All proprietors of stores, cafes, restaurants, soda
fountains, and other similar places shall furnish the health officer,
upon his request, with the names of all distributors from whom their
mil~ and milk products are obtained. Bio-assays of the vitamin D
content of vetamin D milk shall be made when required by the health
officer in a laboratory approved by him for such examinations.
Whenever the average bacterial count, the a~erage reduction time, or
the average cooling temperature falls beyond the limit for the grade
then held, the health officer shall send written notice thereof to
the person concerneS, and shall take an additional sample, but not
before the lapse of 3 days, for determining a new average in accord-
ance with section i (S). Violation of .the grade requirement by the
new average or by any subsequent average during the rema~mter of
the current grading period shall call for immediate degrading or
suspension of the permit, unless the last individual result is with-
in the grade limit.
Sectlon~ V. The grading of milk and milk pro. ducts. At least once every 6 months
-~g~ ~ the health officer s'h'~i-~~ announce the grades of all milk and milk
.'~AF~- products delivered by all producers or distributors and ultimately
consumed within the City of Bremerton, or its police Jurisdiction.
~ ~ Said grades shall be based upon the following standards, the grading
~'~ ~ of milk products being identical with the gra~ing of milk except
~ ~ that the bacterial standards shall be doubled in the case of cream,
~''~-- and omitted in the case of sour cream and buttermilk. Vitamin D
milk shall be only of grade A or grade B pasteurized, certified,
or grade A raw quality.
Certified Milk-raw. Certified milk-raw is raw milk which conforms
with the requirements of the American Association of ~edical Milk
Commissions in force at the time of production and is produced under
the supervision of a medical milk commission and of the State Board
of Health or health officer of t~e County of Kitsap,
Grade A raw milk. Orade A raw milk is raw milk tJ~e average bacterial
plate count of which as determined under section i (S) and 6 of this
ordinance does not exceed 25,000 per cubic centimeter, or the average
direct microscopic count of which does not exceed 25,000 per cubic
centimeter .if cl~nnps are counted or ~100,000 per cubic centimeter
if individual organisms are counted, or the average reduction time
of which is not less than 8 hours;
Provided, that if it is to be pasteurized the corresponding limits
shell be 50,000 per cubic centimeter, 50,000 per cubic centimeter,
Ordinance No. 1485 (cont)
400,000 per cubic centimeter, and 6 hours, respectively; and which
is produced upon dairy farms conforming with all of the following
items of sanitation.
ITEM lt. Cows~ tuberculosis and other diseases. Except as provided
hereinafter, a tuberculin test of all herds and additions thereto
shall be made before any milk therefrom is sold, and at least once
every 12 months thereafter, by a licensed veterinarian approved by
the State livestock sanitary authority, Said tests shall be made
and reactors disposed of ~_n accordance with the requirements
approved by the United States Department of Agriculture, Bureau of
Animal Industry, for accredited herds. A certificate signed by
the veterinarian or attested to by the health officer and filed with
the health officer shall be evidence of the abovet est: Provided,
That in modified accredited counties in which the modified accredite
area plan is applied to the dairy herds the ~.iodified accredited area
system approved by the United States Bureau of Animal Industry shall
be accepted in lieu of annual testing.
Within one year after the adoption of this ordinance all milk and
milk prod~cts cons~nned raw shall be from herds or add~tions thereto
which have been found free from Bang's disease, as shown by blood
serum tests for agglutinins against Brucella abortus made in a lab-
oratory approved by the health officer. Ail such herds shall be re-
tested at least every 12 months and all reactors removed from the
herd. A certificate identifying each animal by number, and signed
by the laboratory making the test, shall be evidence of the above
test.
Cows which show an extensive or entire indurati n of one or more
quarters of the udder upon physical examination, whether secreting
abnormal milk or not, shall be permanently excluded from the milk-
ing herd. Cows giving bloody, stringy, or otherwise abnormal milk,
but with only slight induration of the udder, shall be excluded
from the herd until re-exam~nation shows that the milk has become
no rmal.
For other diseases such tests and examinations as the health officer
may require shall be made at intervals and by.methods prescribed
by him, and any diseased animals or reactors shall~ be disposed of
as he may require.
ITEM 2r. Dairy barn, lighting. A dairy or milking barn shall be
required s~d in such sectt'ons t'hereof where cows are milked windows
shall be provided and kept cleau and so arranged asto insure
adeq~ate l~ght properly distributed, and when necessary shall be
provided with adequ.~te supplementary artificial light.
ITEM ~r. Dairy Barn,. a~r space and ventilation. Such sections of
all dairy barns where cows are kept or mlked shallbe well
ventilated and shall be so arranged as to avoid overcrowding.
ITE~ 4r. Dairy ba_rn, floors. The floors and gutters of such parts
of all dairy barns in which cows are milked shall be constructed of
concrete or other approved impervious and.easily cleaned material,
provided that if the milk is to be pasteurized tight wood may be
used, shall be graded to drain properlY, ~nd shall be kept clean
and in good repair. No horses, pigs, fowl, calves, etc. shall be
perm!tted in parts of the barn used for milking.
ITE~ Sr. Dairy barn, walls and ceilinss. The walls and ceilings
of all dairy barns' S~al~ be whlte~ashe~ once each year or painted
once every 2 years, or oftener, if necessary, or finished in an
approved manner, and shall be kept clean and in good repair. In
case there is a second story above that part of the barn in which
cows are milked, the ceiling shall be tight. If the feed room
adjoins the milking space, it shall be separated therefro~ by a
dust-tight partition and door. No feed shall be stored in the
milking portion of the barn.
ITEM gr. Dairy .barn~ cowyard. All cowyards shall be graded and
drained as well as practicable and kept clean.
ITEM Tr. Manure Disposal. All manure shall be removed and stored
or disposed of in such manner as best to ~revent the breeding of
Ordinan~ce NoJ 1485 (cont)
flies therein or the access of cows to piles thereof.
ITEM dr. ~,~ilk house or room~ construction. There shall be provided
a milk house or milk room in which 'the cool'ing, handling, and storing
of milk and milk products and the washing, bactericidal treatment,
and storing of milk containers and utensils shall be done. (a) The
milk house or room" shall be provided with a tight flOOrreDalr,COnstructedand
of concrete or other impervious material, in good
graded
to provide proper drainage. (b) It shall have' walls' and ceilings
~ ....... ~'-[*~on as ~o nemit easy claaning, and shall be well
~~t~ ~~ie~.an(~P~V~a~n~ ~} ~e~ ~f~}vely
s~sensd inoluding outward-opsning, self-olosi~g ~orsi ~s o~her
s~fse~ivs means are provided to prsvsn~ ~hs snnrane~ o~ ~z~=.
~ ' ~ -[-~ ~ -s~d for no o~hsr puroosss ~h~n thoss spsoifisd abovs
dirs~tly ~nto ~ stable or in~o ~ny room ussd for domes~!~ purpo~ss;
shall hlve water piped into it; shall be provided w~th adequate
facilities for the heating of water for the cleaning of utensils; .
shall be equipped with two-compartment stationary wash an8 rinse vats,
except that in the case of retail raw milk, if chlorine ts employed
as the principal bactericidal treatment the three-compartment type
must be used; sn~ shall, unless the milk is to be pasteurized, be
partitioned to separate the handling of milk and the storage of
cleansed utensils from the cleaning and other operations, which shall
be so locate5 and conducted as to prevent ~y cont~tnation of the
milk or 6'f cleaned equipment.
ITEM 9r. ~,~ilk house or room~ cleanliness ~d flies. The floors,
walls, ceilings, and equipment of the milk house, or room shall be
kept clean at all times. All means necessary for the elimination
of flies shall be used.
ITEM lOt. Toilet. Every ~airy farm shall be provided withone or
more sanitary toilets conveniently located and properly constructed,
operated, ~d maintained, so that ~e waste is inaccessible to flies
an8 does not pollute khe surface soil or cont~inate ~y water supply.
ITEM llr. Water ~upply. The water .supply for the milk room and
dairy barn shall be properly located, constructed, $n5 operated, and
shall be easily accessible, adequate, and of a safe sanitary quality.
ITE~i l~r. Utensils~ construction. Ail multi-use containers or
other utensils use~t in the handling, storage, or transportation of.
milk or milk products ~mmt be made of smooth nonabsorbent material
an~ of such construction as to be easily cleaned, ~d must be in
good repair. Joints and se~s shall, be soldered flush. Woven wire
cloth shall not be used for straining milk. All milk pails shall be
of a small-mouth design approved b~ the health officer. The manu-
facture, packing, transportation, and handling of single-service
containers an~ container caps and covers shall be conducte5 in a
s~itary manner.
I?EN 13r. Utenslls.~ cleaning. Ail multi-use containers, equipment,
and other utensils use8 in~e handling, storage, or transportation
of milk sn~ milk products must be thorou~ly cleaned after each usage.
ITEM 14r. Utensils, bactericidal treatment. All multi-use con-
tainers, equipment, an8 other utensils used tn the handling,
storage, or transportation of milk or milk products shall between
each usage be subjected to an approved bactericidal process with
steam, hot water, chlorine,, or hot air.
ITEM 15r. Utensils, storage. All containers end other utensils use~
in the h~dling storage, or transportation of milk or milk proSucts
shall be stored so as not to become contaminated before being used.
ITEM 1dr. Utensils, handling. After bactericidal treatment no
container or other milk or milk product utensil shall be handled In
s~ch manner as t o permit any part of any person or his clothing to
come In contact with any surface with which milk or milk products
come in contact.
ITE~? l?r. Milking udders and te.a~ abnormal milk. The udders and
te~ats of all milking cows shall~ cle~ and rinsed with a bactericidal
solution at the time of milking. Abnormal milk shall be kept out
the milk supply and shall be so handled ~d disposed of as t o pre-
clude the infection of the cows and ~e cont~ination of milk utensils
Ordinance No. 1485 (cont)
ITEM 1Br. Milking, flanks. The flanks, bellies, and tails of all
mi. lking cows shall be free from visible dirt at the time of milkin&
ITE~ 19r. Milkers' Hands. Milker's' hands shall be clean, rinsed
with a bactericld~l SoiutYon, and dried with a clean towel immedi-
ately before milking and following any interruption in the milking
operation. Wet-hand milking is prohibited. Convenient facilities
shall be provided For the washing of milkers' hands.
.~ITEM 2Or. Clean Clothing. Milkers and milk handlers shall wear
'~clean outer ga'~me~s while milking or handling milk, milk products,
containers, utensils, or equipment.
ITEM 21r. Milk stools. Milk stools shall be kept clean.
ITEM 22r. Removal of milk. Each pail of milk shall be removed
immediately to the milk house or straining room. No milk shall be
strained or poured in the dairy barn.
ITEM 2~r. Oooling. Milk must be cooled immediately after com-
pletion of milking to 50° P. or less, and maintained at that averag
temperature, as defined in section 1 (S), until delivery. If
milk is delivered to a milk plant or receivingostation for pasteur-
ization or separation, it must be cooled to 60 F. or less and
maintained at that average temperature until delivered.
IT~.Q 24r. Bottlln~ and capping. ~ilk' and milk products shall b e
bottled from a container with a readily cleanable valve, or by
means of an approved bottling machine. Bottles shall be capped by
machine. Caps or cap stock shallb e purchased in sanitary con-
tainers and kept therein in a clean dry place until used..
ITEM 25r. Perso~.~_nel, health._ The health officer or a physician
authorized by him shall examine and take a careful morbidity
history of every person counected with a retail raw dairy, or
about to be employed, whose work brings him in contactwith the
production, handling, storage, or tansportation of milk, milk pro-
ducts, containers, or equipment, If such examination or history
suggests that such person maybe a carrier of or infected with the
organisms of typhoid or paratyphoid fever or any other cemmunicable
diseases likely to be transmitted through milk, he shall secure
appropriate specimens of body discharges and cause them to be
examined in a laboratory approved by him or by the State health
authorities for such examinations, and if the results justify such
person shall be barred from such employment.
Such persons shall furnish such information, submit to such
physical examinations, and submit such laboratory specimens as the
health officer may require for the purpose of determining freedom
from infection.
ITEM 28r. Miscellaneous. All vehicles used for the transportation
of milk or milk products shall be so constructed and operated as
to protect their contents from the sun and from contamination. All
vehicles used for the transportation of milk or milk products in
their final delivery containers shall be constructed with permanent
tops and with permanent or roll-down sides and back, provided
that openings of the size necessary to pass the delivery man may
be permitted in the sides or back for loading and unloading
purposes. All vehicles shall be kept clean, and no substance
capable of contaminating milk or milk products shall be transported
with milk or milk products in s~ch manner as to permit contamina-
tion. All vehicles used for the distribution of milk or milk
products shall have the name of the distributor prominently dis-
played.
The immediate surroundings of the dairy shall be kept in a neat,
clean condition.
Certified milk-pasteur!zed. Certified milk-pasteurized is certi-
fied milk-raw which has been pasteurized, cooled, and bottled in
a milk plant conforming with the requirements for grade A pasteur-
ized milk.
Ordinance No. 1485 (cont)
Grade A pasteurized milk. Grade A pasteurized milk is grade A raw
milk, with suchexceptfons as are indicated if the milk is to be
.pasteurized, which has been pasteurized, cooled, and bottled in
a milk plant conforming with all of the following items of sanita-
tion and the average bacterial plate count of which at no time
after pasteurization and until delivery exceeds ~5,000 per cubic
centimeter, as determined under sections 1 (S) and 6.
The grading of a pasteurized milk sup~:,ly shall include the inspec-
tion of receiving and collecting stations with respect to items lp
to 15p, inclusive, and l?p, 19p, 22p, and 23p, except that the
partitioning requirement of item 5p shall not apply.
IT~,~ lp. Floors. The floors of all rooms in which milk or milk
products arC'led or stored or in~hich milk utensils are washed
' ~shall be constructed~of concrete or other equally impervious and
~easily cleaned material and shall 'be smooth, properly drained,
~/ provided with trapned drains, and kept clean.
, ' .
ITEM 2p. Walls an~ ceilinEs. Walls and ce.ilings of rooms in which
milk or milk 'pr~[~C"ts are" handled or stored or in which milk
utensils are washed shall ha~e a smooth, washable, light-colored
surface and shall be kept clean. . '
·
IPEf.~ ZD. Doors and windows. Unless other effective means are pro-
vided to prevent the access of flies, ali. openings into the outer
air shall be effectively screened and doors shall be selfclosing.
ITE~.~ 4p. Lighting and ventilati:~n. Ail rooms shall be well lighted
and ventilated.
ITEM 5p. Miscellaneous protection from contamination. The various
milk-plant operati ',ns shall be so located and conducted as to pre-
vent any contamination of the milk or of the cleaned equipment. Ail
means necess@ry for 'the elimination of flies shall be used. There
shall be separate rooms for (a) the pasteurizing, processing, cool-
ing, and bottling operations, and (b) the washing and bactericidal
treatment of containers. Cans of raw milk shall not be unloaded
directly into the pasteurizing room. Pasteurized milk or milk
products shall not be permitted to come in contact with equipment
with which unpasteurized milk or milk products have been in contact,
unless such equipment has first been thoroughly cleaned and sub-
jected to bactericidal treatment. Rooms in which milk, milk pro-
ducts, cleaned utensils, or containers are handled or stored shall
not open directly into any Stable or living quarters. The pasteur-
ization plant shall be used for no other purposes than the process-
ing of milk and milk products and the operations .inCident thereto,
except as may be approved by the health officer.
ITE~..~ 6p. Toilet facilities. Every milk plant shall be prowided
with toilet facilities conforming with the ordinances of the City
of Bremerton, Toilet rooms shall not open directly into any room
in which milk, milt: products, equipment, or containers are handled
or stored. The doors of all toilet rooms shall be self-closing.
Toilet rooms shall be kept in a clean condition, in good repair,
and well ventilated. In case privies or earth closets are permitted
and used, they shall be separate from the building, and shall be of
a sanitary type constructed and operated in conformity with the
requirements of item 10r, grade A raw milk.
ITEM Vp. Water supply. The water supply shall be easily access-
ible, adequate, and of a safe, sanitary quality.
ITEM dp. Hand-washing facilities. Convenient hand-washing facil-
ities shall be provided,'"" including warm ru~lning water, soap, and
approved sanitary towels. The use of a common towel is prohibited.
ITEM 9p. Sanitary piping.. Ail piping used to conduct milk or milk
products shall be "sanitary milk piping" of a type which can be
easily cleaned with a brush. Pasteurized milk and milk products
shall be conducted from one piece of equipment to another only
through sanitary milk piping.
ITEM lop. Construction and repair of containers and equipment.
Ail multi-use containers and equipment with which milk or milk-pro-
ducts come in contact shall be constructed in such manner as to be
easily cleaned and shall be kept in good repair. The manufacture,
Ordinance No. 1485 (cent)
packing, transportation, and handling of 'single-service containers
and container caps and covers shall be conducted in a sanitary manner.
ITEM 11 p. Disposal of wastes. Ail wastes shall be properly dis-
posed of.
ITEM 12p. Cleaning and bactericidal treatment of containers and
equipment. :: '~'ll mil~ "a'n~'milk oroducts '~ontain~rs ~u'd equipment,
~ .& excenb single-service container~, shall be thoroughl'y cleaned after
.~ ,~ each~'usage. All containers shall b e subjected to an approved
/ ' .~bactericidal process after each cleaning and all equipment immediately
~..~ .~/ before each usage. ~hen empty and before being returned to a pro-
yl ~' ~ ducer by a milk plant each contai'ner shall be e£fectively cleaned
~' ~ and subjected to bactericidal treatment.
· .~ ~ ITE~.'. 13p. Storage of containers and equipment. After bactericidal
treatment all bottles, C'~ns, and othe~ ~ultiYuae milk or milk-pro-
~ ducts containers .and eqUipment shall be stored in such manner as to
' be protected from contamination.
ITEM 14p. Handling]' of containers and equipment~. Between bactericidal
treatment and usage, and during usage, containers and 'equipment shall
not be handled or operated in such manner as to permit contamination
of the milk.
ITEM 15p. Storage of caps, parchment paper~ and single-service
containers. Milk-bottle caps or cap stock, parchment paper .for milk
cans, and single-se~3vtce containers shall be purchased and stored
onlf in sanitary tubes and cartons, respectively, and shall be kept
therein in a clean dry place.
ITE~t 16p. Pasteurization. Pasteurization shall be performed as
described in section i (L) of this ordinance.
ITEM 1Vp. Cooling. All milk and milk products received for pasteur-
ization shall immediately be cooled in approved equipment to 50°P.
or less and maint8ined at that temperature until pasteurized, unless
they are to be pasteurized within 2 hours after receipt; and all
pasteurized milk and milk products shall be immediately cooled in
approved equipment to an average temperature of 50°F. or less, as
defined in section i (S), and. maintained thereat until' delivery.
ITEM 1dp. Bottling. Bottling of milk and milk products shall be done
at the place of pasteurization in approved mechanical equipment.
!TE~! 19p. 0ver-flow milk. Overflow milk or milk products shall not
be sold for human consumption.
ITEM 2Op. _Capping., Capping of milk and milk products shall be done
by approved mechanical equipment. Hand capping is prohibited. ~
The cap or cover shall cover the pouring lip to at least its largest
diameter.
ITEM 21p. Personnel, health. The health officer or a physician
authorized by him shall examine and take a careful morbidity history
of every person connected with a pasteurization plant, or. about to
be employed, whose work brings him in contact with the production,
handling, storage, or transportation of milk, milk products, containers
or equipment. If such examination or history s~:gests, that such per-
son may be a carrier of or infected with the organisms of typhoid
or paratyphoid fever or any other communicable diseases likely to be
transmitted through milk, he shall secure appropriate specimens of
body discharges and cause them to be examined in a laboratory approved
by him or by the State health authorities for such examinations,
if the results Justify such person ab. all be barred from such employment
Such persons shall furnish such information, submit to such physical
ex~inations, ~nd submit such laboratory specimens as the health
officer may require for the purpose of determining ~reedom from
infection.
ITEM 22p. Personnel~ cleanliness. All persons coming in contact with
milk, milk product,s, containers, or equipment shall wear clean outer
garments and shall keep their hands clean at all times while thus
engaged.
ITEM 23p. Miscellaneous. All vehicles used for the transportation
of milk or milk products shall be so constructed and operated as to
protect their contents from the sun and From contamination. All
Ordinance No. 1485 (cont)
vehicles used for the transportation of milk or mill( products in
their fina$ delivery containers shall be constructed with permanent
tops and with permanent or roll-down sides and back, provided that
openings of the size necessary to pass the delivery man may be per-
mitted in the sides or back for loading and unloading purposes. Ail
vehicles shall be kept clean, and no substance capable of contaminatin
milk or milk products shall be transported with milk or milk pro-
ducts in such manner as t o permit contamination. Ail vehicles used
for the distribution of milk or milk products shall have the name of
the distributor prominently displayed.
immediate surroundings of the milk plant shall be kept in a
at, clean condition.
~ades of milk and milk products which may be sold. From and after
nths from the date on which this or~!inance takes effect no
~ilk or milk products shall be sold to the final consumer or t o
~estaurants, soda fountains, grocery stores, or similar establish-
ents except certified pasteurized, certified raw, grade A pasteur-
and grade A raw: Provided, That when any milk distributor
"~fails~o qualify for one of the above grades the health officer is
?..~? authorized torevoke his permit, or in lieu thereof to degrade his
product and permit its sale during a temporary period not exceeding
~i.~. 30 days or in emergencies such longer period as he may deem necessary.
Section 9. Supplementary grading prescribed and regrading authorized. If at any
time between the regular announcements of the grades o£ milk or milk
products, a lower grade shall be come Justified, in ac.cordance with
sections 5, 6, and 7 of this ordioance, the health officer shall
iHm~ediately lower the grade of such milk or milk products, and shall
enforce proper labeling and placarding thereof.
Any producer or distributor of milk or milk products the grade of
which has been lowere~ by t~e health officer, and who is properly
labeling his milk and milk products, may at any time make applica-
tion for the regrading of his product.
Upon receipt of a satisfactory application, in case the lowered
grade is the result of an excessive average bacterial plate count,
direct microscopic count, reduction time, or cooling t°emperature, the
health officer shall take further samples of the applicant's output,
at a rate of not more than two samples per week. The health officer
shall regrade the milk or milk I~ro~3ucts upward whenever the average
of the last four sample results indicates the necessary quality, but
not before the lapse of 2 weeks from the date of degrading.
In case the lowered grade of the a[~plica.nt's product is due to a
violation of an item of the specifications prescribed in section ?,
other than average bacterial plate count, direct microscopic count,
reduction time, or cooling temperature, the said application 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 1 week of the receipt of such an application and stater..~ent
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 ~he highe? grade requirements, and, in case t he
findings Justify, shall regrade the milk or milk products upward,
but not before the lapse of ~o weeks from the date of degrading.
Section 10 Transferring or d~pp_in~:] m.i. lk.; ~elivery containers; hanUl.ing of more
than o.n.e grade~ ~elivery of milk at ~uarantined residences. Except .
as permitted in this section, no milk producer or distributor shall
transfer milk or milk pro5ucts-from one container to another on the
street, or in any vehicle or store, or in any place except, a bottling
or milk room especially used for the purpose. The sate of dip milk
is hereby prohibited.
Ail 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 mill( products sold for consumption in the raw state
shall be placed in their final delivery containers at the farm at
whichthey are produced. Milk and milk products sold in the distribu-
tor's containers in quantities less than 1 gallon shall be delivered
in standard milk bottles or in single-service containers. It shall
be unlawful for hotels, soda fountains, r. estaurants, groceries, and
similar establishments to sell o,r serve any milk or milk proUuct e~cept
Ordinance No. 1485 (cont)
in the original container in which it was received from the distri-
butor or from a bulk'c'~ntainer equipped with an approved dispensing
device: Provided, That this requirement shall not apply to cream
consigned on the premises, which may be served from the original
bottle or from a dispenser approved for such service.
It shall be unlawful for any hotel, soda fountain, restaurant, gro-
cery, or similar establishment to sell or serve any milk or milk
products which have not. been maintained, while in its possession, at
a temperature of 50°F. or less.
No milk or milk ~roducts shall be permitted to come in contact with
eq~ipment with which a lowe~ grade of milk or milk products has
been in contact unless such equipment has first been thoroughly dlean-
ed and subjected to bactericidal treatment.
Bottled milk or milk products, if stored in water, shall be so stored
that the tops of the bottles will not be submerged.
It shall be the duty of all persons to whom milk or milk products are
delivered to clean 'thoroughly the containers in which such milk or
milk products are delivered before returning such containers.
~pparatus, ~conta~ners, equipment, and utensils used in the handling,
storage, processing, or transporting of milk or milk products shall
not be used for any other purpose without the permission of the
health off! cer.
The delivery of milk or milk products to and the collection of milk
and milk-products containers from residences in which cases of
communicable disease transmissible through milk supplies exist shall
be subject to the spe6ial requirements of the health officer.
Section ll Milk and milk products frompo. ints beyond the limits of routine
IMSPECT!0N. Milk and milk products from points beyond the limits
of routine inspection of the City of Bremerton may not be sold in
the City of Bremerton, or its police Jurisdiction, unless produced
end/or pasteurized unde~-, provisions equivalent to the requirements
of this ordinance; provided, that the health officer shall satisfy
himself that the health officer having jurisdiction over the pro-
duction an~ processing is properly enforcing such provisions.
Section l~ Future dairies and milk plants. All dairies and mil~ plants from
which milk or ~ilk products are supplied to the Uity of Bremerton
which are hereafter constructed, reconstructed, or extensively
altered shall conform in their~construction to the requirements of
this ordinance for grade A d$iry farms producing milk for consumption
in the raw state, or.f. or grade A pasteurizati, on plants, respectively:
~rov!ded, that the '.mequ~_rement of a. two-room milk house shall be
waived in the case of datrle's the-mtl~k from which is to be pasteur-
ized. Properly prepared plans for all dairies and milk plants which
are hereafter constructed, reconstructed, or eztensiVely altered
shall be submitted to the health .officer for approval before work
is begun. In .the ca~e df milk plants signed approval shall be
obtained from the health officer end/or the State health department.
Section 13. Cans and cases. It shall be unlawful for any person to have or l~eep
in his possession for the purpose of sale, barter, or use any can
or case bearing the name of any person, firm, or corporation engage8
in the manufacture, sale, or transportation of milk, cream, ice
cream, or any other dairy product.
Section 14 Notification of disease. Notice shall be sent to the health officer
immediately by any producer or distributor of milk or milk products
upon whose dairy farm or in whose.milk plant any infectious, con-
tagious, or communt, cable disease occurs.
Section 15. Procedure when infection suspected. When suspicion arises as to the
possibility of transmission of infection from any person concerned
with the handling of m~lk or milk products, the health officer is
authorized tot equire any or all of the following measures: (1) The
immediate exclusion of that person from milk handling, (2) the
immediate exclusion of the milk supply concerned from distribution
and use, (3) adequate medical and bacteriological examination of
the person, of his associates, and of his and their body discharges.
Section 16 Enforcement interpretation. This ordinance shall be enforced by the
health ~F~ieer in accordance with the interpretations thereof con-
Ordina:-me No. 1485 (cont)
tained in the 1939 edition of the U.S. Public Health Service Milk
Code, a certified copy of which shall be on file in the City Clerk's
office.
Section 17 Penalty. Any person who shall violate any provision of this ordin- '
ance shall be fined not more than $100.00 at the discretion of the
coflrt. Each and every violation of the provisions of this ordin-
'ance shall constitute a separate offense.
Section 18 ~epeal and date of effect. All ordinances and parts of ordinances
in conflict with this ordinance are hereby repealed; and this
ord_~.nance shall be in full force and effect immediately upon its
adoption and its publication, as provided by law.
Section 19 Unconstitutionality clause. Should any.section, paragraph, sentence,
clause, or 9hrase of this ordinance be declared unconstitutf~onal or
invalid fo~~ any reason, the remainder of said ordinance shall not
be affected the~eby.
Section 20 Effective date. This ordinance shall take effect thirty (30) days
after passage and p,~blication. ~
PASSED by the City Commission of the ~ity of Bremerton, signed .by the Mayor,
.and atteste~ by the City Clerk in 'authentication of such passage this 29th
day of July, 194~°. '
Attest:
~City Clerk
W,shlnpm.~· S S
State
C~n~ (~**' Kits~p ) ' '
I ~.~ tl~(l~r~':~:,~'l dO certify that the