[Ordinance 184, January 18, 1955, Section 1]
Except where the context clearly indicates otherwise, the terms
used in this ordinance[1] shall have the meanings ascribed to them in the definitions
as stated below:
Milk, skimmed milk, cream, cream mix, ice cream, sour milk,
sour cream, buttermilk, and all other fluid derivatives of milk for
human consumption, except condensed milk and evaporated milk.
Milk, skimmed milk, cream, sour milk, sour cream, buttermilk,
chocolate milk, chocolate drinks made from skimmed or partially skimmed
milk, ice cream, french ice cream, frozen custards, sherbets, ices,
confections, cottage cheese and all other types of manufactured mixes
which contain milk in any form, and which is cooled or frozen to make
a form of ice cream.
Includes masculine or feminine, and any firm, co-partnership,
institution, association or corporation, and any agent, servant, assistant,
employe or representative thereof.
The selling, exchanging, delivering or having in possession,
care, control or custody with intent to sell, exchange, or deliver,
or to offer or to expose for sale.
Shall be those obtained according to the Standard Methods
for the Bacteriological Examination of Milk as recommended by the
American Public Health Association.
Is a place or premises where one or more cows are kept and
a part of or all of the of the milk from which is sold or delivered
to any person.
Is any place or premises or establishment where milk is collected,
processed, stored, bottled, pasteurized, or prepared for distribution.
Is one who has proved to the satisfaction of the Mifflinburg
Borough Council to be a person of good character, and qualified to
carry out the duties of collecting samples of milk and milk products
as prescribed by the Milk Control Board of District No. 4 and their
officers. Said "approved collector" is to act as one of the agents
of the Mifflinburg Borough Council in the capacity of having the authority
to enter upon the property of a person or entity who possess a permit,
or to request from that person or entity who possess the permit a
sample of their milk or milk product to be conveyed to the proper
testing laboratory.[2]
[Ordinance 184, January 18, 1955, Section 2]
No person or legal entity shall sell, deliver or offer for sale
milk or milk products in the Borough of Mifflinburg, Pennsylvania,
without a permit issued by the Borough Council of the Borough of Mifflinburg,
and then only in accordance with the terms of such permit and with
regulations of the Borough of Mifflinburg as set forth in this ordinance.[1] Applications for permits to sell milk or milk products
shall be made not later than June 15 of each year on forms furnished
by the Borough of Mifflinburg. Permits shall be issued on or before
July 1st of each year and shall be for the year ending June 30th.
This section shall not apply to a person or legal entity selling
milk or milk products from a store when such milk or milk products
are purchased from a person or legal entity already in lawful possession
of a permit to sell milk or milk products, except where milk or milk
products are sold by a person or legal entity within the Borough of
Mifflinburg and that person or legal entity changes the phase of the
milk or milk products, in which case both the supplier of the milk
or milk product, if he delivers his product within the
Borough, and the person who changes the phase of the product, shall
be required to obtain permits. This section shall also not apply to
person in charge of hotels, restaurants, soda fountains, boarding
houses, or other places where milk is served, when such milk is to
be consumed on the premises thereof and is purchased from one already
in lawful possession of a permit to sell milk.
[1]
Editor's Note: Sections 1 to 21 of this chapter.
[Ordinance 184, January 18, 1955, Section 3]
Each person or legal entity receiving a permit to sell milk
or milk products within the Borough of Mifflinburg shall pay into
the treasury of the Borough of Mifflinburg each year, or portion thereof,
a fee of $15 for said permit. In the event that the milk or milk product
does not meet the Borough standards as herein[2] described and it is necessary to make second collection
and analysis of the sample, the person or legal entity holding the
permit shall pay to the treasury of the Borough of Mifflinburg the
costs involved in the testing and approval of said additional sample
or samples.
[Ordinance 184, January 18, 1955, Section 4-A]
1.
All fluid milk offered for retail or wholesale distribution after
January 1, 1955, shall meet the following requirements:
(a)
Pasteurized milk shall show evidence by the phosphomoesterase test
of proper pasteurization.
(b)
All milk shall not have any micro-organisms of the coliform group.
(c)
All pasteurized, raw, homogenized milk and other fluid milks must
be reasonably free of extraneous matter.
(d)
The minimum butterfat shall be not less than 3.25% and total solids
shall be not less than 12.00% for all fluid milks.
(e)
Such milk shall not contain or show a plate count in excess of 50,000
bacterial colonies per milliliter when incubated for 48 hours at 35°
C. by the standard plate count method as defined in the latest edition
of Standard Methods for the Examination of Dairy Products by the American
Public Health Association.
(f)
No fluid milk may be offered for sale, either wholesale or retail,
after 72 hours following pasteurization or, in the case of raw milk,
48 hours after milking, nor shall any pasteurized product undergo
a second pasteurization prior to sale.
[Ordinance 184, January 18, 1955, Section 4-B]
[Ordinance 184, January 18, 1955, Section 4-C]
[Ordinance 184, January 18, 1955, Section 4-D]
1.
Such products must be properly pasteurized.
2.
The bacterial colony count on such products must be not more than
50,000 per milliliter of sample by the standard plate count method.
3.
Such products shall be free of organisms of the coliform group per
milliliter of sample.
4.
Such products must be labeled in conformity with regulations of the
Pennsylvania Department of Agriculture.
[Ordinance 184, January 18, 1955, Section 4-E, as amended
by Ordinance 227, June 19, 1962]
(a)
Shall meet at least the minimum requirements for composition weight
and food solids as set forth by the Bureau of Foods and Chemistry,
State Department of Agriculture, Commonwealth of Pennsylvania.
(b)
The following maximum bacterial limits shall apply:
(1)
Standard plate count not to exceed 50,000 bacterial colonies per
gram.
(2)
Milk products shall, in any series of five samples, have at least
two samples that shall not contain more than one of the coliform group,
and of the remaining three samples, at least two shall not contain
more than 10 of the coliform group, in one gram portions.
(3)
Fruit, nut, or other flavored ice creams, to which the flavoring
is added after pasteurization, shall not have a coliform group count
in excess of 20 per gram, in three out of five samples, in one gram
portions.
[Ordinance 184, January 18, 1955, Section 4-F]
Such products shall be made from pasteurized milk.
[Ordinance 184, January 18, 1955, Section 4-G]
The water supply of fluid milk and cream processing plants must
be of low bacterial count and free from contamination, as determined
by Standard Methods for Water Analysis of the American Public Health
Association.
[Ordinance 184, January 18, 1955, Section 4-H]
Milk and milk products shall be delivered in single service
containers only, to those residences where a communicable disease
is known to exist.
[Ordinance 184, January 18, 1955, Section 4-I]
Fluid milk which is offered for sale in restaurants, hotels
and other public eating places, excepting boarding houses, fraternities,
and private clubs, shall be delivered to the ultimate consumer in
the container in which it was delivered to such hotel, restaurant
or other public eating place. Fluid milk and cream delivered to boarding
houses, fraternities or private clubs in bulk containers shall be
subject to the same bacteriological, chemical, and other quality controls
as for bottled milk and cream. Milk and cream shall be delivered in
bottles or approved paper containers unless otherwise stated in the
permit to sell milk. No permit shall be required for hotels, restaurants,
or boarding and fraternity houses to sell milk.
[Ordinance 184, January 18, 1955, Section 4-J]
No dealer holding a permit to distribute or sell milk, cream
or milk products in the Borough of Mifflinburg shall have or keep
in his employ any employe who is a typhoid fever carrier, or a carrier
of other intestinal infections, or of diphtheria or who is suffering
from active tuberculosis, or syphilis in its transmissible stage or
who has any infectious disease or open chronic external lesion nor
shall the proprietor himself or any member of his family or household
suffering the same conditions as heretofore described have anything
to do with the handling, preparation, serving or providing of milk,
cream and milk products to the public.
[Ordinance 184, January 18, 1955, Section 4-K, as amended
by Ordinance 227, June 19, 1962]
1.
Collection and examination of samples shall be done as frequently
as deemed advisable by a designated representative of the Mifflinburg
Borough Council.
2.
One "spot check" sample of fluid market milk or milk products will
be collected from each permittee by an agent of the Mifflinburg Borough
Council once each month.
|
In case of resampling by the enforcement agency, due to nonconforming
results, a duplicate sample is to be made available, at the point
of sampling, for the manufacturer or processor, for his check testing.
| |
|
The plant shall be notified by certified mail immediately in
order to give an opportunity for corrective measures before the product
is resampled. Resampling shall be done by the laboratory within 10
days following the nonconforming sample.
|
3.
The cost of the first "spot check" on milk or milk products will
be paid by the Mifflinburg Borough.
|
When it is deemed necessary after the first analysis to repeat
the test, the entire cost of collection of sample, transportation
and laboratory fee shall be paid by the person holding the permit.
|
[Ordinance 184, January 18, 1955, Section 4-L]
1.
The Mifflinburg Borough Council is empowered to restrict or prohibit
the sale of any dairy product when in the opinion of the Council such
sale constitutes a menace to public health.
2.
The manufacturer of milk or milk products shall not be restricted
in the sale of a product on the basis of samples obtained from one
particular retail outlet. If samples obtained from one retail outlet
are found not in compliance with these regulations, samples will be
obtained from another retail outlet to determine the condition of
the product as it leaves the hands of that retail outlet and if the
product is found in compliance, restriction or prohibitions shall
apply to the retail outlet, rather than the manufacturer or processor.
[Ordinance 184, January 18, 1955, Section 4-M]
1.
Manufacturers of dairy products shall make available to the Mifflinburg
Borough Council a list of retail or wholesale outlets of where their
products are on sale within the Borough.
[Ordinance 184, January 18, 1955, Section 4-N]
1.
The plants of manufacturers may be inspected at the discretion of
the Mifflinburg Borough Council at such times as unsatisfactory or
potentially dangerous conditions as revealed by laboratory analyses
indicate such need. Time and travel of the qualified inspector to
be paid for by the manufacturer at the rate of $0.7 per mile for travel,
and $20 per day, payable to the Borough of Mifflinburg.
[Ordinance 184, January 18, 1955, Section 5]
Any member, officer or agent of the Mifflinburg Borough Council
of Mifflinburg, Pennsylvania, is hereby authorized to take or purchase
samples of milk or milk products which are offered for sale from any
building, farm or vehicle for the purpose of inspecting, testing,
or analyzing such milk and to perform such other duties as are required
or authorized by this ordinance.[1] Such collections are usually performed by a duly appointed
milk inspector or collector who acts for and on behalf of the Mifflinburg
Borough Council.
[1]
Editor's Note: Sections 1 to 21 of this chapter.
[Ordinance 184, January 18, 1955, Section 6]
The Mifflinburg Borough Council is hereby charged with the enforcement
of the provisions of this ordinance.[1] It is further authorized to make such rules and regulations
from time to time as are necessary for the protection of the public
health. Such rules and regulations when approved by the Mifflinburg
Borough Council and Burgess, and when advertised in the same manner
as ordinances, shall have the legal force of ordinances of the Borough
of Mifflinburg.
[1]
Editor's Note: Sections 1 to 21 of this chapter.
[Ordinance 184, January 18, 1955, Section 7, as amended by
Ordinance 281, July 21, 1970, Section 1]
Any person or legal entity violating any provision of this ordinance,[1] upon conviction thereof, for a first offense, shall be
sentenced to pay a fine of not less than $5 or more than $25 and costs
of prosecution, and, in default of payment thereof, to imprisonment
for one day for each dollar of fine imposed, and, for each subsequent
offense, shall be sentenced to pay a fine of not more than $100 and
costs of prosecution, and, in default of payment thereof, to imprisonment
for not more than 30 days.
[1]
Editor's Note: Sections 1 to 21 of this chapter.
