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HomeMy WebLinkAbout1967-943 ORDINANCE NO. ?4,3 AN ORDINANCE relating to public health and sanitation; defining terms; providing for the appointment of a milk inspector; requiring and providing for the licensing of milk producers and distributors; regulating the production, processing, grading, labeling, sale and other distribution of milk and milk products; declaring the violation hereof to constitute a misdemeanor and providing for penalties for such violation; amending Sections 4.64.010, . 020, . 030 and . 040, adding Sections 4.64.050, . 060 and . 070, and repealing • Section 4.64.035, all of the City of Yakima Municipal Code. WHEREAS, the City Council finds the enactment of this ordinance to be neces- sary for the health, safety and welfare of the citizens of the City bf Yakima, now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF TI CITY OF YAKIMA: Section 1. Section 4.64. 010 of the City of Yakima Municipal Code is hereby amended to read as follows: "4.64.010 DEFINITIONS. The following definitions shall apply in the interpretation and enforcement of this Ordinance; 1. MILE {. Milk is hereby defined to be the lacteal secretion, prac- tically free from colostrum, obiained by the complete milking of one or more healthy cows or goats, Which contains no less than 8 -1/4% milk solids- not -fat and not less than 3 -1 /2% milk Mt: (Milk fat or butter fat is the fat of milk. ) • 2. GRADE A. The term "GRADE A" pasteurized milk or milk products shall mean milk or milk products which have been processed in accordance with the sanitary and regulatory conditions specified by the legislature of the State of Washington and more particularly set forth in R. C. W. 15. 36. 320 et seq. 3. PASTEURIZATION. The terms "pasteurization ", "pasteurized ", and similar terms shall mean the process of heating every particle of milk or milk product to at least 145 F. , and holding it continuously at or above this temperature for at least 30 minutes, or to at least 161 F. , and holding it continuously at or above this temperature for at least 15 seconds, in equipment which is properly operated and approved by the Health Officer: Provided, that milk products which have a higher milkfat content than milk and /or contain added sweeteners shall be heated to at least 150 F. , and held continuously at or above this temperature for at least 30 minutes, or to at least 166 F. , and held continuously at or above this temperature for at least 15 seconds; Provided further, that nothing in this definition shall be construed as barring any other pasteurization process which has been recognized by the United States Public Health Service to be equally efficient and which is approved by the State health authority. • 4. HEALTH OFFICER. The designation "Health Officer" shall mean the duly appointed and acting health officer of the Yakima County Health District, or any individual employed by the Yakima County Health Dis- trict when acting on behalf of the Health Officer regardless of whether or not such individual is employed on a fulltime basis by the Yakima County Health District. " Section 2. Section 4. 64. 020 of the City of Yakima Municipal Code is hereby amended to read as follows: "4,64.020 CITY MILK INSPECTOR - QUALIFICATIONS- POWERS. The Health Officer shall appoint a City Milk Inspector and such deputies as may be necessary to carry out the purposes of this Chapter. Such City Milk Inspector and all deputies shall be regularly licensed and graduate veterinarians, of good standing in their profession, or graduates of a recognized dairy school, and\iiiall have had experience as milk in- spectors and meet other qualifications as required of such inspectors by the United States Department of Agriculture. The City Milk Inspector and any deputies are authorized to exercise the police power of the City of Yakima in the enforcement of this Chapter and are authorized to enter upon any premises within the City of Yakima whereon is kept any milk cow or cows, the milk or cream from which is sold in the City of Yakima, • and are authorized to inspect any creamery, milk plant, factory, store, depot, booth, market, wagon or other vehicle for the transportion or delivery of milk either within or without the City. Section 3. Section 4.64.030 of the City of Yakima Municipal Code is hereby amended to read as follows: "4.64.030 PERMIT- LICENSE-APPLICATION-FEE- TERM (a) No person shall engage in business as a milk producer or distributor in the City of Yakima without first securing a license therefor, and no person shall sell, dispose of or offer, or keep for sale as human food any milk or milk products within the City of Yakima without first having obtained a permit therefor from the Health Officer. The requirement for permits applies to stores, fountains, restaurants and hotels. A license shall be deemed a permit for producers and distributors. Permits shall be issued without charge and shall be revocable by the Health Officer upon the violation by the holder of such permit of any of the terms of this chapter, or any reasonable sanitary regulation imposed by the Health Officer. Provided that the holdei of any permit after complying with such terms of the chapter or sanitary regulations may appeal to the City Manager who may at his option reinstate such person or require the issuance of a new permit. (b) Any person requiring a milk license shall make application therefor to the health officer stating the following facts: (a) The name and place of residence of the applicant. (b) Whether applicant is a producer of milk. (c) The location of dairy and herd producing milk. (d) The number of cows in each dairy herd and such other infor- mation as the Health Officer may require: Provided that the City Manager shall not authorize the issuance of any milk or milk vehicle license unless there be filed with the City Clerk a copy of the Health Officer's permit. Upon the issuance of a license, the licensee shall be given a numbered tag, which must be attached to the vehicle in plain view and to remain so during the year for which issued. (c) Licenses issued under this chapter may be revoked by the City Manager for any failure or refusal of the licensee or person from whom he obtains milk to comply with this chapter or the laws of the United States or of the State of Washington, or of the state wherein the milk is produced. (d) The license fee for the sale or disposal of milk or cream in the City of Yakima shall be as follows: For selling milk or cream, each wagon, truck or other vehicle Twenty Dollars ($20. 00); for each cart or other method propelled by hand or by hand carried Five Dollars ($5. 00). (e) All such licenses shall expire upon the expiration of one year from the date the same is issued. " Section 4. Section 4.64.040 of the City of Yakima Municipal Code is hereby amended to read as follows: -2- "4.64.040 MILK AND MILK PRODUCTS WHICH MAY BE SOLD. From and after January 1, 1969, only Grade A Pasteurized Milk and Milk Products shall be sold or otherwise disbursed for final consump- tion to individuals, restaurants, soda fountains, grocery stores, or similar establishments: Provided, That in an emergency, the sale of pasteurized milk and milk products which have not been graded, or the 110 grade of which is unknown, may be authorized by the Health Officer, in which case, such milk and milk products shall be labeled "ungraded". " Section 5. There is hereby added to Chapter 4.64 of the City of Yakima Muni- , cipal Code a new section to be numbered 4.64.050, which new section shall read as follows: "4. 64. 050 NEW DEALERS. From and after the date on which this Ordinance is adopted, all new dealers and distributors of milk and milk products shall traffic only in Grade A pasteurized milk and milk products. Section 6. There is hereby added to Chapter 4.64 of the City of Yakima Muni- cipal Code a new section to be numbered 4.64.060, which new section shall read as follows: "4. 64. 060 PENALTY FOR VIOLATIONS. Any person convicted of violating any provision of this Chapter shall be punished by a fine not exceeding FIVE HUNDRED DOLLARS ($500. 00), or by imprisonment in the City Jail for a term not exceeding 180 days, or by both such fine and imprisonment. " Section 7. There is hereby added to Chapter 4.64 of the City of Yakima Muni- cipal Code a new section to be numbered 4.64.070, which new section shall read as follows: "4. 64. 070 SEVERABILITY. If any section, subsection, subdivision, sentence, clause or phrase of this Chapter is adjudged invalid for any reason, such adjudication shall not affect the validity of the remaining portions of this Chapter. " Section 8. Section 4.64.035 of the City of Yakima Municipal Code is hereby re- , pealed in its entirety. Section 9. This Ordinance shall be in full force and effect thirty days after its passage, approval and publication as provided by law and by the City Charter. PASSED BY THE CITY COUNCIL, signed and approved this 7th day of August, 1967. 1 04 Mayor ATTEST: City Clerk