Ordinance No. 95'k. .
ORDINANCE NO. Sr
AN (liwii -UN E M&KING MANDATORY THE GRADING AND LABELING OF
• 1�T,k; AND CERTAIN MILK PRODUCTS SOLD OR OFFERED FOR SALE
WITEIN THE CORPORATE LIMITS OF THE CITY OF BAYTONN, TEXAS;
REQUIRING AND PROV" -DING FOR THE ISSUING AND REVOKING OF
F :`1MITS FOR THE SALE OF MILK AND MILK PRODUCTS; SETTING
FORTH A SCHEDULE OF FEES FOR PEf8&ITS; AUTHORIZING AND
DIRECTING THE CITY HEALTH OFFICER TO RECEIVE APPLICATIONS
FOR, INSPECT DAIRIES AND MILK'PLANTS, AND GRANT OR REVOKE
PERMITS TO PERSONS, FINS., OR CORPORATIONS TO SELL OR OFFER
-'OR .SALE MILK AND MILK PRODUCTS ir7ITHIN THE CITY, PROHIBIT-
ING THE SALE OF ADULTERATED, MISBRANDED OR UNGRADED MILK
AND MILK PRODUCTS; PROVIDING FOR THE CONSTRUCTION OF FUTURE
DAIRIES AND MILK PLANTS; ADOPTING THE PROVISIONS OF SENATE
BILL 83 PASSED BY THE REGULAR SESSION OF THE 15TH LEGISLA-
TURE, 1937; PROVIDING FOR THE GRADES OF MILK AND MILK PRO-
DUCTS WHICH MAY BE SOLD 'ffITHIN THE CITY LIMITS; REPEALING
ORDINANCES INCONSISTENT THER94ITH; PROVIDING FOR A SEVER -
ABILITY CLAUSE; PROVIDING FOR THE ENFORCEMENT OF THIS OR-
DINANCE, AND THE FIXING -OF PENALTIES; AND CONTAINING THE
EFFECTIVE DATE THEREOF.
W-iF;ew., 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
authorizing 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 cities, and
WHEREAS,, it is' necessary to regulate the sale of milk and milk products within
the City of Baytown, for the promotion of health, and the governing body of said city
desires to require permits for the sale of milk and milk products and to make manda-
tory the grading and labeling of milk and milk products sold and offered for sale within
th-e :3J ty I.-11--its of the City of Baytown, Texas, NOW THEREFORE,
BE IT'ORDAINEb BY THE CITY COUNCIL OF THE CITY OF BAYTOWNs
®
%. :_`_` iON 1.
Permits.
That hereafter it
shall be unlawful
for any person,
firm,
corporation or
-t :, >ociation
to sell or offer
for sale any milk
or milk product
within
the corporate limits of the City of Baytown, without such person, firm, corporation,
or association first making application to and receiving a permit from the City Health
Officer to sell such milk or milk product, and without having paid the fees provided
for in Section 1 a hereof. The City Health Officer shall issue or revoke such permits
in accordance with the requirements and conditions hereinafter set forth; provided he'
may revoke or refuse to issue a permit',. it in his judgement any milk is unfit for human
consumption.
SECTION 1 a. Fees. For the purpose of defraying a part of the expense of admin-
istration and enforcement of this ordinance, the following fees are hereby fined and
• shall be payable to the Tax Collector and Assessor of the Citys
'(a) if the applicant receives or sells milk or milk products for pasteuriza-
tion, but does not place same in the final delivery container, a fee of Five
($5.00) ;',ollaJ s.,
0 (o) If applicant processes o_^ pasteurizes milk or milk products and places
them in their final delivery container, a fee of Twenty -F.iae ($25.00) Dollars.
Said fees i,- -r-ided for in this Section she .1 be payable on Apr>l lst of each year
in advance, ;Jrovided that where the application for permit is made during the fiscal
year, the fee shall be paid before any permit under this ordinance is issued and shall
be eased on the proportionate part of the year covered by such nF -mit,
SECTT;! 2. Duties of City Health Officer., The City Health Officer of the City
of iaywo.:n is hereby authorized and directed to receive applications for, and grant
permits to persons, firms, corporations, or associations desiring to sell or offer for
sale milk and milk products within the city; provided said Health Officer shall inspect
the egaipnent and sanitation of the dairies and milk plants and grade the milk accord-
Officer pursuant thereto. The grading and labeling of milk and milk products sold and
offered for sale within the corporate limits according to definition (P)9 Section 1
of the said Senate Bill 83, for grades "A", "B ", and "C" raw milk and milk products,
and definition (Q) for grades "A", "B'o, and s'C" pasteurized milk and milk products,
are hereby made mandatory. These specifications are on file with the City Clerk for,
public excvnination and inspection and are made a part hereof.
5'kCTION 3. Delivery Containers. All pasteurized milk and milk products shall be
1scc =: in their fin:-0- delivery containers in the plant in which they are pasteurized,
and all raw milk and milk products sold for consumption in the raw state shall be placed
iin their final delivery containers at the farm at which they are produced.
SECTION 4. Adulterated, Misbranded. or Ungraded Milk ox� Milk Products Prohibited.
No person shall within the City of Baytown or its police jurisdiction, produce, sell,
offer or expose for sale, or have in possession with intent to sell, any milk or milk
product which is adulterated, misbranded, or ungraded within the meaning of the afore-
said Senate Bill 83. Violation of this Section shall be sufficient cause for revocation
of permiits for the sale of milk or milk products.
SECTION? 5. Construction of Future Dairies. All future dairies and milk plants
from which milk or milk products are supplied to the City of Baytown which are here-
after constructer, reconstructed, or extensively altered shall conform in their con-
0 struction to the grade "A" requirements of this ordinance.
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ing to the
provisions of Senate Bill 83, passed by the
45th Legislature, Regular
Session,
1937, :ind
in accordance with the rules and regulations
promulgated by the State
Health
Officer pursuant thereto. The grading and labeling of milk and milk products sold and
offered for sale within the corporate limits according to definition (P)9 Section 1
of the said Senate Bill 83, for grades "A", "B ", and "C" raw milk and milk products,
and definition (Q) for grades "A", "B'o, and s'C" pasteurized milk and milk products,
are hereby made mandatory. These specifications are on file with the City Clerk for,
public excvnination and inspection and are made a part hereof.
5'kCTION 3. Delivery Containers. All pasteurized milk and milk products shall be
1scc =: in their fin:-0- delivery containers in the plant in which they are pasteurized,
and all raw milk and milk products sold for consumption in the raw state shall be placed
iin their final delivery containers at the farm at which they are produced.
SECTION 4. Adulterated, Misbranded. or Ungraded Milk ox� Milk Products Prohibited.
No person shall within the City of Baytown or its police jurisdiction, produce, sell,
offer or expose for sale, or have in possession with intent to sell, any milk or milk
product which is adulterated, misbranded, or ungraded within the meaning of the afore-
said Senate Bill 83. Violation of this Section shall be sufficient cause for revocation
of permiits for the sale of milk or milk products.
SECTION? 5. Construction of Future Dairies. All future dairies and milk plants
from which milk or milk products are supplied to the City of Baytown which are here-
after constructer, reconstructed, or extensively altered shall conform in their con-
0 struction to the grade "A" requirements of this ordinance.
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n
SECTION 5. Er. orcement Interpretati(sn. This ordinance shall be enforced by the
City Health Officer in accordance with the interpretations thereof contained in the
® ;.939 edition of phi; U. S. Public Health Service Milk Code, certified copy of which
shall b,F kept cn file in the office of the Cit;; Clerk, and aforesaid Senate Bill 83.
Sk }CTION 7. C,. -ades of Milk and Milk Products which May be Sold. After two_ (2') _* )
months .frog the effective date of this ordinance, no milk or milk products shall be
sol-A- to the firal consumer or to restaurants, soda fountains, grocery stores or simi-
-La-. eatablistiaients except certified pasteurized, and grade "A`' pasteurized; provided,
:lower grades may be sold during degrading periods as determined by the City Health
Uffi:°er.
SECTION 8. Aepealing'Claizse. All ordinances or parts of ordinances inconsistent
lalt. +1ze terms of this ordinance are hereby repealed; provided, however, that such rem
p:'Ial shall be only to the extent of such inconsistency, and in all other respects this
o- dinance shall be cumulative of other ordinances regulating and governing the subject
matter covered by this ordinance.
SECTION 9. 5everability Clause. If any provision; exception, section, subsection,
paragraph, sentence, clause or phrase of this ordinance or the application of same to
any person or set of circumstances shall for any reason be held unconstitutional, void
or invalid., such invalidity shall not affect the validity of the remaining provisions
oz this ordinance or their application to other-perso n s or sets of-circumstances and
to this end, all provisions of this ordinance are declared to be severable.
-TT 10. Penalty. Any person, firm, corporation or association of persons
w^:) shall sell, ol.'.'er for sale, or possess for. the purpose of sale any milk or milk
® rrcduct V.i'chin the City of Baytown, without having a permit authorizing the sale of
;Name, issued by the City Health Officer of the City of Baytown, Texas, or who shall
sell or possess for the purpose of sale any milk or milk product after a permit has
been redoked or suspended, or who shall violate any of the provisions of this ordi-
nance, shall be fined in a sum not less than Twenty -Five ($25.00) Dollars nor more
than Two Hundred (8200.00) Dollars, and each separate violation shall constitute a
separate offense.
SECTION 11. Filing of Complaints. 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 some
court o.' ^ompetent jurisdiction.
•
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SECTION 12. E- festive Date. This ordin nee shall take effect from and after ten
(10) days .from its passage by the City Council. The City Clerk is hereby directed to
® give notice he;•e0' by causing the caption of this ordinance to be published in the
official newsp:aner of the City of &aytown at least Uvice prior to the effective date
hereof.
IrI ROI)UCED, 'PX,,A i, and PASSED by the affirmative vote ol: a majority of the City
�Irxcoil of the City of Baytown on this the 16th day or October , A. D. 19 °
� r
J. A. I,'tard, Mayor
A.TTES'T
Oliver, City Clerk
COUNTY OF HARRIS
STATE OF TEXAS
Before,-me, the undersigned authority, on this date personally came and ap-
peared __._ _ ---
- - -- :__ duly recognized agent of The Daily Sun, a daily newspaper
® published in nose Cree ,Harris County, Texas, and who0--- after being duly sworn, says that the
attached notice was published in The. Daily Sun of -----------------
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Sworn and subscribed before me this _........ _____ day
"ORDINANCE N0. 95 ,
4 An Ordinance making 'mandatory - the
i ;rading and labellag of milk and certain
mflit Products sold or, offered for sale
within the corporate limits of the City Df
Baytown, Teams:. requiring and' providing
for' the Issuing ' and revoking of permits
for the sale of milk agd mlllt products;
setting forth a schedule of fees for "per-
mits: authorizing and directing the city
health officer ,to receive applications for.
Ingpect -dairies'and. milk plants, and grant
Dr revoke permits -to persons, firms, or
corporatlons to sell or offer for sale mill[
and milk products wllhin, the city: prohlb-
Iting the sale of adulterated,- misbranded
or ungraded milk and ntllk products; 'pro -
viding for the construction of future dair.
-leg And milk Plants; adopting the provi.
sions of Senate Rill, 83-Passed by, the reg-
ular sess[on of (he "'45th 1e91slature:"193%
provlding1f0r "the grades of milk and milk
products which may he sold within" the.
clty Ilmts; repealing ordinances inconsis-
tent hcrewlth;, providing for; a• severablllty
clause; providing Sornthd enforcement of
this ordinance. and the fixing of penalties;
and containing the effective dale hereof.,.
o Oct. 19 -23
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Notary Public, (_Ffirris County, Texas
BEULAH MAE JACKSON
Notary public, In and for Harris Cou
+r Tez