HomeMy WebLinkAboutORDINANCE 62-32t ‘
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ORDflITCI NO.___
AN QPDIJZJCE TO CREATE Ti 0FICE OF
DAIRY AND MILJ IIJSPECTCR AED D:rr.EE J15
DUTThS;PROVIDE FOR 1115 LICE DIG D
C OTR0L OF PRODUCERS,11iDLERS A11D DIS -
TRIDUTORS OF IJI AID KILL PRCDUC1;
DEFflT MILK D KILL PRODUCTS AND TITh
TERKS TO BE USED L OCIIECTIOK IITK PRO
DUCTION,HANDLDIG Ai DISTRIBUTION CF KILL;
SET STANDARDS OF UALITY FOR KILL JD PRO
VIDE TALTiES FOR VIOLATICK.
BE IT ORDADIED BY TiL BOAD CF TRUSTEES CF TI11 TOVJN OF
ESTES P’3K,COLORADO:
Article I.
Section 1.Definitions of terms for the purpose of this
ordinance are:
The term Board shall mean the Board of Trustees of the Town of
Estes Park.
Inspector.Inspector shall mean the Dairy and Milk Inspector,
his deputies,or the officer or officers appointed under this
ordinance to carry out its provisions.
Milk.Milk is hereby defined to be the whole,fresh,clean
iacteal secretion obtained by the cnp1ete milking of one or more
healthy cows,properly fed and kept,excluding that obained within
fifteen days before and five days after calving,or such longer
period as may be necessary to render the milk practically colostri
free;which contains not less than eipht and one—half per cent (6.5)
of solids not fat,and not less than three and one-half per cert f.5%)
of milk fat or butterfat.
Milk fat or butterfat is the fat of milk.
Cream.Cream is that portion of milk,rich in milk fat,which
arises to the surface of milk on standing,or is separated from it
by cenrifugai force,is fresh and clean,and.which contains not less
than eighteen per cent (16%)of milk fat.
Raw Milk.Raw milk is milk untreated by heat or other agents,
the average bacterial count of which does not exceed 50,000 bacteria
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per cubic centiraeter at the time of delivery to the consumer.
Bacterial County.In obtaining the bacterial count of milk
and cream,the milk inspector shall average at least four months’
saiples.The official bacterial count shall be made in conformity
with the petri plate method,and average counts computed as
recnmended by the American Public Health Association.The
Methylene Blue test may be used to determine the approximate bacterial
count of r;ilk shipped by the producer to the distributor.Where it
is impossible to secure a plate count,milk,either raw or pasteurized,
which will keep its color for seven and one—half hours under the
methylene blue test,will be considered satisfactory.
Milk Distributor.A milk distributor is any person,firm or
corporation which has in possession,offers for sale,sells,delivers,
or distributes to another any milk or milk products for consumptior..
Milk Producer.A milk producer is any person who o’ms or
controls one or more cows,a part or all o the milk or milk products
from which is sold and delivered to another person.
Article II.
Section 1.There is hereby created the office of Dairy
Inspector.His duties shail be the proper enforcement of this
ordinance or any changes or additions that may be made to this
ordinance frcra time to time.The Dairy Inspector shall have
scientific and practical knowledge of milk inspection,and be qualified
to make chemical and bacteriological analyses of milk and milk products.
He shall be appointed by the Board and hold office as long as his woic
is s atisfactory to the Board and the iJairy and Milk Control officials
of the State of Colorado.His salary shall be
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and such
travel,office and laboratory expense necessar for the performance of
his duties,as approved by the oard.He shall keep accurate records
and reports of all wo±done,and turn these over to his successor,
together with all equipment and supplies,hich shall at all times be
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the pioperty of the Town 01 Estes Park.
The Inspector shall make a reular monthly report to the Board,
giving detailed information of all inspections and analyses made.
The Board shall have the power to issue necessary rules and regulations
for the proper enforcement of this ordinance and to cover emergencies
that may arise.The Inspector shall have the power to temporarily
suspend licenses and prosecute offenders for non-compliance with the
provisions of this ordinance.Un recommendation of the Inspector,
and aiter a huaring before the ioard,these suspensions may be
made permanent or rescinded.
Section 2.ko milk,cream or milk products shall hereafter be
produced,sold,exposed for sale or delivered with the Town of Estes
Park unless it is produced and handled according to the recuireraents
of this ordinance.In aduition to the above requirements,all milk,
cream and milk pioducts shall be clean and shall have no more sediment,
nor greater bacterial count than recommended by the American Public
Health Association,a.be limited by rules to be laid down by the
Inspector.
Article III.
Sectiun 1.It shall ce unlawful for a person,fir or corporation
to sell or distribute milk,cream or milk pioducts within the limits
of the Town of ]istes Park unless such person,firm,association or
corporation possesses a license therefor,granted by the Town of Estes
Park,after application is made on forms provided;except that this
licensing clause shall not be construed to mean the licensing of
restaurants,stores,hotels and eating places which do not produce or
process their own lull:supply.ho license shall be ‘anted until
approved by the Dairy Inspector,after an inspection is made of the
premises and surroundings of the person,fifl;,association or
corporation applying for the license,and ll the requirements of this
ordinance and the laws and reqaireruents of the State of Colorado have
been complied with.
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Section 2.The license fee for distributors and processoi
shall be 25.—-
per year.The license fee for producers
shall be j,2P-per year.All licenses shall be obtained
fran the Town Clerk.Licenses shall be valid January 1st to
Decmeber 31st for the year issued or any part thereof,without
any rebate of moneys for part of a license year.This section
shall be consrue&to apply only to those producers who keep more
than one cow and deliver milk or cream for fluid consi.nnption.
Section 3.All premises whereon milk is produced or handled
for sole or distribution in the Town of Estes Pa±shall be opened
to the ai1k Inspector and members of the Board,for inspection at
any tine,and owners of cows from which said milk is produced shall
penait a veterinarian in the employ of the Town of Etes Park to
examine said cows at any tine.Samples of milk or cream shall be
provided the Inspector on demand and without charge,provided this
does not exceed more than one quart of milk or one pint of cream
in any one week for each grade of milk,cream or milk product of
the producer or distributor offered for sale.
Section 4.No milk shall be sold or offered for sale or
distributed in the Town of Estes Park,except from cows in good
health,nor unless the cows irau which it is obtained have been
examined within one year by a licensed veterinarian in the State of
Colorado.A certificate siL’ned by such a veterinarian must be
filed with the Board or Inspector stating the number of cows in each
herd,and those thet are free fran disease.This examination shall
include the Tuberculin Test,Charts showing the reaction of each
individual cow must be filed with the Board or Inspector.All cows
which react shall be branded in accordance with the provisions of
the Bureau of Animal Industry,U.S.D.A.,and the State of Colorado,
and removed from the ‘emises at once if the sale of milk is to continue.
No cows shall be added to a herd until a certificate of satisfactory
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health and tuberculin test have been filed with the Insector,
and approved.Cows having mastitis or other diseases affecting
the milk,or transmissable directly or indirectly to humans,shall
be excluded froa the milking herd as directed by the Inspector,
until recovery or .iisposal.
All producers shall file with the Board a certificate of health
and tuberculin test made within twelve months,sigued by a licensed
veterinarian who has inspected each animal in the herd.These
certificates shall be filed once each month during the months of
June,July end August,and ar due in the office of the Town Clerk
of the Town of Estes Park,Colorado,not later than the first day
of each month as specified.Animals that have been tested for
tuberculosis within the calendar year,need not be retested if
conclusive evidence is submitted to the Board,end certified by
a licensed veterinarian.
Article IV.
Section 1.The Inspector shall revoke any dairy licease when
he considers the milk or dairy product sold under such license unfit
for human food,and the inspector shail condemn any dairy product
which is for sale contrary to the provisions of this ordinance,or
which is adulterated as provided by tills ordinance and the laws of
Colorado,and may so treat it that it shall be rendered unfit for
human food,or destroy it.
Section 2.The Inspector shall have free access to all premises
and places,full powers o±inspection and police power of the Tan
of stes Park,Colorado,for the enforcement of this ordinance,and
no one shall interfere with the Inspector in the performance of his
duties under this ordinance.
Section 3.Any person violating any of the proviaions of this
article shall,upon coirriction thereof,be punished by a fine of
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not less h’;dollars (/O )nor more than
dollars (Oo)and not over sixty days
in jail for each offense,and license may be revoked.
Section 4.It is hereby declared that this ordinance is
necessary for the iim3diate preservation of the public peace,
health and.safety of the inhabitants of the Tovi of Estes Prk,
and in the opinion 01 the Uoard of Trustees an emer;ency exists
by reason of the fact that impure milk and milk products is a
menance to the 1elth of the residents of the Town of Estes Park;
therefore,this ordinance shall take effect and be in full force
fran and after its final passage and publication.
Passed and adopted this day of July,A.D.
-day of July,..0.1932.
1932.
this
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