79 of 1951 - Ordinance 79 of 1951, Amending Sections 1003 and 1035, relating to dairy and milk inspection. rtvL.L VAL.Lr 71zi
/ NW] 211951
Salt Lake City,Utah, ,195
VOTING Aye Nay
Burbidge
xkithxic I move that the ordinance be passed.
Christensen fr /
Lingenfelter . . . '"..� •
Romney . . . .
Mr. Chairman . AN ORDINANCE
J
Result
AN ORDINANCE AMENDING SECTIONS 1003 and 1035 of the Revised
Ordinances of Salt Lake City, Utah, 1944, relating to Dairy and Milk
Inspection.
Be it ordained by the Board of Commissioners of Salt Lake
City, Utah:
SECTION 1. That Section 1003 of the Revised Ordinances of
Salt Lake City, Utah, 1944, relating to Dairy and Milk Inspection,
be and the same is hereby amended to read as follows:
"SEC. 1003. DEFINITIONS. The following definitions shall
apply in the interpretation and the enforcement of this chapter:
(a) MILK. Milk is hereby defined to be the lacteal secre-
tion obtained by the complete milking of one or more healthy
cows, excluding that obtained within 15 days before and five days
after calving, or such longer period as may be necessary to ren-
der the milk practically colostrum free; which contains not less
than eight per cent (8%) of milk solids-not-fat, and not less
than three and one-fourth per cent (3 1/4%) of milk fat.
(b) MILK FAT OR BUTTERFAT. Milk fat or butterfat is the fat
of milk.
(c) CREAM. Cream is a portion of milk which contains not less
than eighteen per cent (18%) milk fat, and the acidity of which
is not more than 0.20%, expressed as lactic acid.
(d) HALF AND HALF. Half and half is a product consisting of
a mixture of milk and cream which contains not less than 11.5%
of milk fat.
(e) SKIM MILK.
(1) SKIM MILK. Skim milk is a milk from which a suffi-
cient portion of milk fat has been removed to reduce its
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milk fat percentage to less than 3 1/4%.
(2) MODIFIED SKIM MILK. Modified skim milk is a
market milk product made from Grade A skim milk contain-
ing not more than one per cent (1%) milk fat by weight
to which has been added not more than three per cent (3%
nor less than one per cent (1%) Grade A non-fat milk
solids by weight.
(3) NON-FAT MILK. Non-fat milk is a market milk ma.e
from skim milk and contains not more than one-tenth of
one per cent Of, milk fat.
(4) MODIFIED NON-FAT MILK. Modified non-fat milk i
a non-fat milk to which has been added not more than throe
per cent (3%) nor less than one per cent (1%) Grade A no -
fat solids by weight.
(5) MODIFIED SKIM MILK OR MODIFIED NON-FAT MILK.
Modified Skim milk or modified non-fat milk may contain
added Vitamin A and Vitamin D. When either of these vita-
mins are added they shall be present in not less than th
following amounts:
VITAMIN A - 2000 USP Units per quart.
VITAMIN D - 400 USP Units per quart.
(f) MILK OR SKIM MILK BEVERAGE. A milk beverage or a
skim milk beverage is a food compound or confection consistin_
of milk or skim milk, as the case may be, to which has been
added a sirup or flavor consisting of wholesome ingredients.
(g) BUTTERMILK. Buttermilk is a product resulting from
the churning of milk or cream or from the souring or treatmen.
by lactic acid or other culture of milk or skim milk. It con-
tains not less than 8.25% of milk solids, not fat. It shall
be made of milk or cream of legal grade.
(h) CULTURED BUTTERMILK. Cultured buttermilk is the pro-
duct resulting from the souring or treatment, by a lactic aci.
culture, of milk or milk products. It contains not less than
8% of milk solids-not-fat, and shall be pasteurized before
adding the culture.
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Each type of buttermilk, according to the culture or pro
cess used, shall bear on the package label the common or usua
name used for such product.
(i) YOGURT. Yogurt is a product resulting from the sour
ing or treatment by a specific culture of milk or skim milk.
It contains not less than 8.25% of milk solids, not fat.
Yogurt may be in solid, semi-solid or fluid form.
(3) MILK PRODUCTS. Milk products shall be taken to mean
and include cream, sour cream, homogenized milk, goat milk,
vitamin D milk, buttermilk, skim milk, reconstituted or re-
combined milk and cream, milk beverages, skim milk beverages,
and any other product made by the addition of any substance
to milk or any of these products and used for similar purpose:.
(k) PASTEURIZATION. The terms "pasteurization," "pasteur
ized", and similar terms shall be taken to refer to the pro-
cess of heating every particle of milk or milk products to at
least 143° Fahrenheit, and holding at such temperature for at
least 30 minutes, or to at least 160° Fahrenheit, and holding
at such temperature for at least 15 seconds, in approved and
properly operated equipment; Provided, That nothing contain-
ed in this definition shall be construed as disbarring any
other process which has been demonstrated to be equally effi-
cient and is approved by the State Health- authority.
(1) ADULTERATED MILK AND MILK PRODUCTS. Any substance
claimed to be any milk or milk product defined in this chap-
ter, but not conforming with its definition as given in this
ordinance, or which carries a grade label unless such grade
label has been awarded by the health officer and not revoked,
shall be deemed adulterated and misbranded.
(m) MILK PRODUCER. A milk producer is any person who ow s
or controls one or more cows, a part or all of the milk or
milk products from which is sold or offered for sale.
(n) MILK DISTRIBUTOR. A milk distributor is any person
who offers for sale or sells to another any milk or milk pro
ducts for human consumption as such.
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(o) DAIRY OR DAIRY FARM. A dairy or dairy farm is any
place or premises where one or more cows are kept, a part or
all of the milk or milk products from which is sold or offer-
ed for sale.
(p) 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.
(q) HEALTH OFFICER. The term "health officer" shall
mean the health authority of the City of Salt Lake or his
authorized representative.
(r) AVERAGE BACTERIAL PLATE COUNT, DIRECT MICROSCOPIC
COUNT, AND COOLING TEMPERATURE. Average bacterial plate
count and average direct microscopic count shall be taken to
mean the logarithmic average, and average cooling temperature
shall be taken to mean the arithmetic average, of the respec-
tive results of the last four consecutive samples, taken upon
separate days, irrespective of the date of grading or regrad-
ing.
(s) GRADING PERIOD. The grading period should be such
period of time as the health officer may designate within
which grades shall be determined for all mikk and milk pro-
ducts, defined in this chapter, provided that the grading
period shall in no case exceed six (6) months.
(t) BACTERICIDE. The term "bactericide" shall be taken
to mean any bactericidal substance or process approved by the
health officer.
(u) HOMOGENIZED OR VISCOLIZED MILK. Homogonized or vis-
colized milk or cream is milk or cream that in addition to be
ing pasteurized has been treated in equipment approved by the
Salt Lake City department of Health in such a manner to insure
the break up of the fat globules to such an extent that after
48 hours storage no visible cream separation occurs and the
fat percentage of the top 100 cubic centimeter of milk or ere: .
in a quart bottle, or of proportionate volumes in containers
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of other sizes, does not differ by more than ten per cent of
itself from the fat percentage in the remainder of the bottle
as determined after thorough mixing. The addition of a propo.-
tion of homogenized or viscolized milk or cream to other milk
to increase the visible cream line is strictly forbidden. Al
homogenized or viscolized milk or cream shall bear a label
stating that the milk or cream has been homogenized or via-
colized together with any other information required for pas-
teurized milk or for containers enclosing milk and any milk
products defined in this chapter.
(v) RECONSTITUTED OR RECOMBINED MILK AND CREAM. Recon-
stituted or recombined milk is a product resulting from the
recombining of milk constituents with water, and which com-
plies with the standards for milk fat and solids not fat of
milk as defined herein. Reconstituted or recombined cream is
a product resulting from the combination of dried cream, but-
ter, or butter fat with creme, milk, skim milk or water.
(w) VITAMIN A MILK. Vitamin A milk is milk the vitamin
A content of which has boon increased by a method in an amoun
approved by the Health Officer and As is on file in his offic>.
(x) VITAMIN D. MILK. Vitamin D milk is milk the vitanin
D content of which has been increased by a method in an amoun
approved by the Health Officer and as is on file in his offi.c..
(y) GOAT MILK. Goat milk is the lacteal secretion, free
from colostrum, obtained by the complete milking of healthy
goats, and shall comply with all the requirements of this
chapter. The word "cows" shall be interpreted to include
goats.
(z) PERSON. The word "person", as used in this chapter,
shall mean "person, firm, corporation or association."
(aa) AND/OR. Where the term "and/or" is used "and" she 1
apply where possible, otherwise "or" shall apply.
(bb) APPROVED. Means to be approved by the health offi-
cer of Salt Lake City.
(cc) SHALL. Wherever used in this chapter, is mandator .
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SECTION 2. That Section 1035 of the Revised Ordinances
of Salt Lake City, Utah, 1944, relating to Dairy and Milk Inspec-
tion, as amended by an ordinance passed by the Board of Commission
ers on June 8, 1950, be and the same is hereby amended by amending
paragraph (d) thereof relating to Ice Milk, which shall read as
follows:
"(d) ICE MILK. Ice milk is a frozen product containing
less milk fat than ice cream and made from pure milk and suga ,
with or without harmless flavoring and containing not less
than four (4) per cent of milk fat nor less than fifteen (15)
per cent by weight of total solids, and not more than five-
tenths of one per cent of pure, harmless edible vegetable
gum or gelatin. In no case shall ice milk contain less than
one and three-tenths pounds of total food solids per gallon.
(1) No person shall use the name ice cream, cream,
creme, creamy or creamey, or any other word or phrase
which may be construed to be misleading in either label-
ing or advertising or in any other manner either orally
or written in connection with the advertising, sale orb
distribution of ice milk.
(2) All cartons, cups or other containers, except
edible containers in which ice milk is sold, shall be
plainly labeled "Ice Milk" on the side or top of the co -
tainer. Such label shall be in gold-faced Gothic type
letters not less than 1/8 inch in height, and shall be
placed in a conspicuous position with respect to other
printed matter or illustrations that may appear on the
container and shall not be obscured in any way by such
other matter.
(3) All persons, or places or establishments where
ice milk is sold shall display at the point of sale, a
sign or placard bearing the statement "Ice Milk Sold
Here". Such sign or placard shall be in bold-faced Goth c
type letters not less than 12 inches in height and shal
be displayed in such a manner as to readily be seen and
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and read by the purchaser."
SECTION 3. In the opinion of the Board of Commissioners,
it is necessary to the peace, health and safety of the inhabitants
of Salt Lake City that this ordinance become effective immediately,
SECTION L . This ordinance shall take effect upon-its
first publication. /47
passed by the Board of Commissioners of Salt Lake City,
Utah, this 2,1 sr day of A/ayfy rep, A. D. 1951,"/
y necor er. A, :ry ,.
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Legal Plot"@ Affidavit of Publication
AN ORDINANCE
AN ORDINANCE AMENDING J3EC-
TIONS 1003 and 1035 of the Revised
1944,Ordinances of Salt Lake City,Utah,
1944, relating to Dairy and Milk
Inspection.
IIe In nnora eA bx alt theLake BoardCity,of
Commisxloners of S
Utah,
SECTION-ordinances That Section l003 of
the Revised 194. r of Bolt Lire
City,nod 1110 ape rem, be t the SS
and Milk Inspection, be and the
same is hereby amended to read as
follows:
"SEC. 1003. ion shalO p. The.
followinge nte rttnndefinitions shall applyo in
e.
the interpretation this
chap and the enforce-
- - eat of-IC.Milk-is m lbe MILK.Milk Is hereby obtained
<r to be the lactenpletel secretiong .one or D. OC1.; l
the healthy
s,lk inn d
more healthy cows excluding s "that
five81 daywithin
It titer 15 lvinghefore such
➢@riot a `ay be necessary Being first duly sworn, deposes and says that he is ad-
to"render the ilk contains free' which
colos-
trum vertising clerk of the DESERET NEWS, a newspaper
solidthan not-f per of 1 of ilk
threes-not-fat, and not lee than
three and one-fourth per cent
(31/4 > of.milt:fat. published in Salt Lake City,Salt Lake County,in the State
(b
(b).MILK FAT OR BUTTERFAT.
Milk fat or butterfat Irs the fat of
rally. of Utah.
(1 CREAI:Rx Clc m Is a portion of
milk wbinh sins , ]e.a.l than
and teen per ce t hich) pulp fat,
d the a.ldhy oessed'a Is
not mo:'e
`°a"02LF.A ptereod ax lae`lf"e1". That the advertisement
(a) HALF,AND HALF. i Half 1 a
half Is a product t consisting f
costae At milk and cream %hich
`alas not less than 11.57e of _
milk rSt. An Ol"C.111c.110E Li11 No.
(e)SKIM MILK.
a(m) SKIMilk (ro Nhi�t sufficient
MIii.Halm milk ig
portion of mflk fat has been r
ce tago-to edu Iossccthan milk Shack. per-
(21 MODIFIED SKIM MILK.
Modified skim milk is a market
miskilk m product
ct mcontainide ng not from Grade ,
than" morn
by weight Po which(has)beenik
add-
ed n t o ore than,three per cent
(3h)'n leas than one per cent
(1`,,1,)Grade A•hon-fat milk solids
by weight.
f3) NON-FAT MILK. Non-!at
milk 1s a market milk made from
skim milk and contains not more
than one-tenth of one per cent of
mil(4)fMODIFIED NON-FAT MILK. was published in said newspaper on November (, 1n51-
Modified non-fat milk Is a
non-
fat milk to Which has been ended
t more than three per cent
(3T..) r less than one
per cent
(Iv) Grade A non-fat solids by
weight.
(51 MODIFIE➢SKIM MILK OR
MODIFIED NON-FAT MILK,Mod- A/
ified Skim Milk or modified non-
fat
milk may Vitamin
added Vita-min contain
min 'A and n When
thne s lt e 0cnn na e p dcd -
than the following ann
Advertising Clerk
VITAMIN A 2000 VSP Units
per VITAMIN I>-400 LISP Unite
f)quart.
If
[) ,MILK OR SKIM aMILK r 'skim
ERkO beverageA milk be scfood comp u:od
milk nfeo n ifngd
orconfection a consisting of milk or
wich milk, mean added may
or ran to before me this 27th day of
flavor consisting of wholesome In- day
(g) BUTTERMILK. Buttermilk Is
a //11
chm'n product
`mflresuohing from from
A.D.19 1
the souring or treatr ment by lactic
acid or other culture of milk o
skim milk,It contains not less than
legal o[ Ilk sailers, not fat. It
hall be made of milk or cream o. Fs
level grade. \ _ —_-.
fto CULTURED BUTTERMILK. �l
Csultiredng buttermilk u tho➢treat-
ment, by
the souring treat- Notary ublw
treat-
ment, by a lactic acid nicot, of
milk or Ilk proof milk
][ contains sot-
t lass tshal 1 k of eu solids-not-
fat, benote
fat,and shall be pasteurised before
adding'the clottnrc.
Each type ofll buttermilk, accord-
ing 1nq to the culture or process elabel see,
gphall bear on usual
ape used for
suet,p the
roduct,or aslla name used
oil YOGURT.Yollqurt is a product
.cniting from the souring or treal-
moot by a specific culture of milk
or skim milk. It 101,nx not Itt.
that g25�m of milk.solids,not rat.
Yogurt m c Or In solid, sere L,olhl
or fluid form.
!'I MILK PRODUCTS,Milk prod- j
Let. shall he taken to mean and
include me n arm,arc tanned-
cols.
mina. goat. mlik .Amin D
milk, buttermilk. skim milk, r¢f stltuted orrecombined milk and
milk everages, skim milk
beverage,. and arty other product butter fat with cream. milk, skint
made by the addition f e y sub- milk w)oVITAMIN A MILK. Vitamin
.stance to milk [these once.
ucts and'used for any
purposes. A milk Is milk the.vitamin A co
IL)PASTEURIZATION.The terms tent of which has been increased by
"Pasteurization." Pasteurized,"and
a similar terms shall be taken to refer the nEHealth n Officer ou and approved As Ison
an by
to the process of heating every par- file In his office. ah
their of milk or milk productsto t ft)VITAMIN D.MILK. Vitamin
(cast 143 deg.Fahrenheit,and
hold-
I)Milk Is ':K the vitamin D
20 at such temperature In for t]east lent of which has been increased con-
ing
30 minutes, at least 160 deg. method In l
temperature Fahrenheit,
ford thlel least sire do " n amount BePM by
the Health Officer uantl s 1s an
In approved and properly operated file in his office.
equipment, Provided, That nothing tel GOAT MILK. Goat milk 1s
contained in this definition shall be the lacteal secretion,free fromcol-
construed as disbarring any other estrum, obtained by the complete
process which has been demonstrat- milking of healthy goats,and shall
d to be coually efficient and Is p- comply with all the requirements of
proved by the State Health author- this chapter. The word"cows"shall
Ity- be Interpreted to include goats.o
lit ADULTERATED MILK AND (z)PERSON, The d "Per-
MILK PRODUCTS. Any substance as used In this chapter,shell
claimed to he ay milk In milk prod- a "person,firm,corporation or
net defined In this chapter,but net association."
s ociation"
conforming with Re definition faa)AND/OR. Where the term
gi
ven In this ordinance, or which "and/or"Is used'and"shall a ply
carries a grade label unless such where possible,otherwise"or shall
grade label has been awarded by
the aPplP
health officer and not revoked,.hall (bb)APPROVED. Means to be
i be deemed adulterated and mis- approved by the health officer of
branded. Salt Lake City,
fml MILK PRODUCER. A milk cc)SHALL. Wherever used In
producfral isosany person who
a pert this TION,fe m at tol'y.
SECTION 2, That Section 7035
or r fall of the tgmilk d milk products of the Revi zed Ordinances of Salt
Isom which la sold or or offered for . Lake City. Utah, 1944, relating to
sale ' Dairy and Milk Inspection, as
amended an(n)MILK➢ISTRIBUTOR.A milk the Boardbof Comimissiener on June
distributor Is any person who offers i 8.1950.he and the same is hereby
for sate or sells to another any milk n
a ded by amending paragraD
or n ilk products for human n- III therefore relating to Ice Milk,
eu ption h. which shell rend as follows,
(01 DAIRY OR DAIRY FARM.A
dairy or dairy farm la any Place or 'fel)ICE MILK. Ice milk Is
frozen product containing less milk
Premises where one or s vs tat than I ream and made f
rom
are or Ilk tproducts fart rom llwhich the
I.s sold pure ilk and sugar,with with-
out for sole, t got Ices flavoringand contain-
or not loss than four 4a per cent
or(PI MILK PLANT.A milk plant Is of milk fat less than fifteen
an;place,or premises.or establish- (15) per cent byweight of total
me t where ilk o Ilk proslucla a lids,and not more then five-tenths
leecollected, handled, processed, of one her cent of pure, harmless
stored, battled, pasteurized. or pre- edible getable gumgelatin,
Pared for distribution. In no ea shall Ince milk c ntafn
Ill HEALTH OFFICER.The term less than one and three-tenths
"healthofficer" shall mean
Bonds unds of total food solids per gal-
health authority f the City of Salt Ion
Lake or his authorized represents- I No Person shall use the name
amo
I (r)AVERAGE BACTERIAL PLATE lots cream, cream, creme,
creamy
COUNT, DIRECT MICROSCOPIC r cr alilchra any there word o
COUNT,AND COOLING TEMPERA- pl pMte count hrase be misleading y be co struccd
TURF.Averrage direct mice roscopic count or advertisingo in inther)It bonier
shallM1bertaken to mean the logarith- manner either rally o any other
In
temperature rage,shalldbeavernne to
connection with the ace milk.
permSale or distribution of Ice milk.
the arithmetic average, of the meane- Ill All cartons, cups or other
rbectivc results of the Ince four con- conlxiner,c e Sept dlble d,t ell
.Nye samples, taken upon en- e' l licit lac nl�k Is Id,Shall
orate days,Irrespective the date tM1e Ptlllan-rl to i',b the net talnnc.
of or regrading.
Such label slel;be 1n gold-
s) GRADING s d be s. The Gothic fHe (aced
gfading period shoved be tell cer type lettersightnet less than
eyed designate
time within
the health officer Inch In hc!ght, and shall os.
.shamall besldeterminedforwhich all milk
placed111 resn a pect toaottheruprinteous ed position
ilk products,defined In this chap- ter or iliu.stratlons that may ap-
ter, Provided that the Grading Pe- peer on the container and_shall
rind hall In no cane exceed six(6) not be,obscured art any way by
months. urn ptniihn::et,,:sr:,:::!po're'
m ftl BACTERICIDE. The term s 13)All or places
"bactericide"shall bacteiicidal betnnoen to pro, soldbshallte the Ilk le
any u r paint of •
es approved by[tic hcaltlr00tflcer- thee,a s reeartl bearing(Ill HOMOGENIZED R VISCO- EhesEateceMIIk SoldLlllacd milkZED H cream Isd milk vlorQere•,boldfacctl GothlccUrd shall
c0 Pe 1CG-
cream thnt 1n cream
to being tersrh of lass than Srh Inches hs
pasteuldzcd has been treated In height and shall be dfxelayed
luipnient approved by the Salt speh fl e n
road rbyastheo ahas be
Lahti a manner Department
Insure the break SECTIONPurchaser¢
exof the fat globules to such an and et Comntl,riohlC opinion. h neces-
tenl. that after 48 hours storage s ry to the peace,stealth and safety
no visible cream reparationoccurs o[the Inha bi Eants of Salt Lake City
old the fate percentage of the gtoo that this rd,tant6 became ake City
100 cubic centimeter of milk lnnlnedlately.
cream In a quart bottle, r ne Pro SECTION 4. :Th.,i 0 din an a xhall
portionate volumes in containers of take etfcct upo Its first publlca-
thee slzex,dues not dither by more lion.
cot percentage
per cent f Itself from the Passed by the Hoar'tl of tar thte
fat ere ntage in the remainder of of§al!Lake Cily,Ut¢b,this the bottle as determined ater thee- 2Kstn day of Novn:ubec,A.D. 195I.
ongh mixing.The addition of a pro-
, portion of homogenized o viscollaad L.C.ROMNEY.
milk o ream to other milk to in- Trmp orrt ry Chairman,
crease r the visible cream line is (SEAL) IRMA F.HITNF.R.
strictly forbidden. All homogenized RILL NO,Pt. City Recorder,
or vlscollzed milk 0r cream shall Fubltshed Nosember 24,1951.
bear a label stating that tthe milk
has been homogenised a -- -.
i:ccream
n ti Eognther en an otne0 - - ——
milrmntton cycontainer yaeEclosing
milk for containers enclosing
milk and any milk products defined
In this chapter.
f RECONSTITUTED OA RE-
COMBINED MILK AND CREAM.sRe-
constituted ofromrecombined milk is a
product resulting ikro (ram the recom-
bining of milk co compenan with t
ttrn and forwhich mph hen with the
standards for mid fat and.rei no
t
of
fat n Led a, defined dherein,rea It
na'.Oducd o mbined cream Is
ry ationet r salting from the eel
com-
bination of Nled cream, butte,or
7q