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<br />GENERAL, ORDINANCES 161
<br />that the quality of the applicant's output has improved since the
<br />last grading announcement and conforms with the requirements
<br />of a higher grade. The samples upon which the said two analy-
<br />ses are made may be brought to the Health Department labora-
<br />tory by the applicant.
<br />Upon the receipt of a satisfactory application, the Health Of-
<br />ficer shall make at least four examinations upon samples collected
<br />by the Health Officer of the applicant's output within a period
<br />of not less than two weeks and not more than three weeks of the
<br />date of the application. The Health Officer shall award a higher
<br />grade immediately in case the said four analyses indicate the nec-
<br />essary quality.
<br />In case the applicant's existing low grade is due to a violation
<br />of an item of sanitation other than bacterial count, said applica-
<br />tion must be accompanied by a statement to the effect that the
<br />violated item of sanitation has been conformed with. Within
<br />two weeks of the receipt of such an application the Health Offi-
<br />cer shall make a reinspection of the applicant's establishment and,
<br />in case the findings justify, shall award a regrade.
<br />At any time between regular announcements of milk grades
<br />the Health Officer shall lower the grade of any milk producer or
<br />distributor if, as a result of inspection or milk analyses, a lower
<br />grade shall be justified in accordance with the terms set forth
<br />herein.
<br />Sec. 387. Transferring or dipping milk.
<br />No milk producer or distributor shall transfer milk or milk
<br />products from one container to another upon the street or in any
<br />vehicle or store, or in any place except a bottling or milk room
<br />especially used for that purpose, except as may be specially per-
<br />mitted by the Health Officer in the case of milk being delivered
<br />in bulk. The sale of dip milk is hereby expressly prohibited.
<br />It shall be unlawful for hotels, soda fountains, restaurants, and
<br />similar establishments to sell or serve any milk except in the
<br />original container in which it was received from the producer or
<br />distributor, provided that this requirement shall not apply to
<br />mixed milk drinks.
<br />All pasteurized milk shall be placed in its final delivery con-
<br />tainer in the plant in which it is pasteurized. The delivery of
<br />162 CHARLOTTESVILLE CITY CODE
<br />milk to and the collection of milk containers from quarantined
<br />residences shall be subject to the special requirements of the
<br />Health Officer.
<br />Sec. 388. Milk and cream from points beyond the in-
<br />spection of the city.
<br />Milk and cream from points beyond the inspection of the City
<br />may not be sold in the City, or its police jurisdiction, except as
<br />may be authorized by the Health Officer after inspection and all
<br />the requirements of this chapter have been fulfilled.
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<br />GENERAL ORDINANCES 163
<br />Sec. 394. Penalty.
<br />Any person who shall violate any provision of the foregoing
<br />sections relating to milk or the handling thereof shall be fined
<br />riot less than $5.00 nor more than one hundred dollars ($100.00).
<br />Each and every violation of the provisions of this section shall
<br />constitute a separate offense.
<br />Sec. 396. Food establishment—definition.
<br />The term "Food Establishment" shall be construed to mean
<br />any place (except where used principally as a private home) in
<br />which food products are manufactured, prepared, packed, han-
<br />dled, stored, sold or distributed and shall include hotels, inns,
<br />boarding houses (where there are more than five boarders),
<br />restaurants, cafes, lunch counters, all public eating houses, and
<br />the kitchens thereof ; all bakeries, bake shops, delicatessens, con-
<br />fectioneries, candy factories, ice cream factories, and parlors,
<br />refreshment stands, soda fountains, fruit stores, fruit stands,
<br />wagons from which food is sold, groceries, markets, meat mar-
<br />kets, bottling plants, places where milk is bottled or exposed for
<br />sale, and other similar places.
<br />Sec. 396. Food establishments—permits.
<br />Any person, firm or corporation operating or managing any
<br />"Food Establishment" as hereinbefore defined, shall, before en-
<br />gaging in such business, secure a permit from the Health Offi-
<br />cer, or his duly authorized representative. Permits shall be is-
<br />sued on or before the first day of January of each year, or later
<br />according to when application for same is made, and shall expire
<br />on December 31 of each year. A permit shall only be issued to
<br />a food establishment when it has been determined by previous
<br />inspections that these regulations and all the other rules and reg-
<br />ulations of the Board of Health are being constantly complied
<br />with. The fee to be charged for the above permit shall be one
<br />dollar ($1.00).
<br />Sec. 397. "Food establishment," to be kept in a sani-
<br />tary condition.
<br />Every person, firm or corporation keeping, maintaining, or be-
<br />ing in charge of any "Food Establishment" shall keep the same
<br />in a clean and sanitary condition.
<br />164 CHARI,OTTESVII.I,E CITY CODE
<br />Sec. 398. Food—protection from flies, dust, dirt, etc.
<br />Food in the process of manufacture, preparation, packing, and
<br />when stored, on sale or offered for sale shall be securely pro-
<br />tected from flies, dust and dirt; and food ready for consumption
<br />without further preparation, maintained or offered for sale or
<br />exchange, shall be covered by some permanent means, such as
<br />glass, wood, metal, or other suitable materials, in such manner
<br />or means to adequately protect same from dirt, dust and other
<br />contamination. The use of newspapers, old sacks, unclean pa-
<br />per or any paper that has been formerly used as an outside or
<br />inside wrapping of articles of food is hereby prohibited. No
<br />food, meat, or other food article shall be exposed on the side-
<br />walks or streets, except as may be necessary in transporting
<br />from one place to another.
<br />Sec. 399. Food establishments—screens.
<br />All doors, windows, transoms, flues and other openings which
<br />open to the outer air from food establishments shall be prop-
<br />erly screened with not coarser than fourteen mesh wire from the
<br />first day of March until the first day of December. This shall
<br />not apply to wholesale groceries and flour and meal mills.
<br />Sec. 400. Food establishments—utensils, etc.
<br />All utensils and appliances, machines, racks, molds, trucks, ta-
<br />bles, blocks, dishes, silverware, towels, napkins, table covers,
<br />aprons, jackets and all other equipment or articles in use in the
<br />preparation, storage, serving or distributing of food stuffs—
<br />such places shall be maintained in a clean and sanitary manner.
<br />The floors, side walks, ceilings, furniture, receptacles, imple-
<br />ments and machinery of every food establishment shall at all
<br />times be kept in a clean, healthful and sanitary condition.
<br />Sec. 401. Food establishments — ventilation, lighting,
<br />etc.
<br />Every building, room, basement or cellar occupied or used as
<br />a food establishment shall be properly lighted, drained, plumbed
<br />and ventilated and conducted with due regard for the purity and
<br />wholesomeness of the food therein produced, sold or stored, and
<br />with strict regard to the influence of such conditions upon the
<br />Sec. 389. Spitting in milk room—prohibited.
<br />No person shall spit in any part of any room, vehicle or other
<br />place used for the sale, storage, handling, or transportation of
<br />milk.
<br />Sec. 390. Delivery of milk—vehicles.
<br />All vehicles used for delivery of milk in the City, or its police
<br />jurisdiction, shall be so constructed as to protect the milk from
<br />the sun and from contamination. Such vehicles shall be kept
<br />clean while used in transporting milk or milk products. No sub-
<br />stance capable of contaminating milk or milk products shall be
<br />transported with milk or milk products in such manner as to per-
<br />mit contamination.
<br />Sec. 391. Milk—denaturing misbranded products.
<br />The Health Officer may denature with rennet or some harmless
<br />matter any milk or milk products found misbranded with respect
<br />to grading or sold without a permit, provided that if the condi-
<br />tions warrant the milk or milk products may be destroyed.
<br />Sec. 392. 8epasteurisation prohibited.
<br />No milk or milk products shall be pasteurized more than once
<br />except as may be specially permitted by the Health Officer.
<br />Sec. 393. Future dairies and milk plants.
<br />All dairies and milk plants from which milk is supplied to the
<br />City, which are hereafter constructed, shall conform in their
<br />construction to the requirements of the Health Officer, which
<br />shall not be less than the Grade "A" requirements of section 384.
<br />41
<br />GENERAL ORDINANCES 163
<br />Sec. 394. Penalty.
<br />Any person who shall violate any provision of the foregoing
<br />sections relating to milk or the handling thereof shall be fined
<br />riot less than $5.00 nor more than one hundred dollars ($100.00).
<br />Each and every violation of the provisions of this section shall
<br />constitute a separate offense.
<br />Sec. 396. Food establishment—definition.
<br />The term "Food Establishment" shall be construed to mean
<br />any place (except where used principally as a private home) in
<br />which food products are manufactured, prepared, packed, han-
<br />dled, stored, sold or distributed and shall include hotels, inns,
<br />boarding houses (where there are more than five boarders),
<br />restaurants, cafes, lunch counters, all public eating houses, and
<br />the kitchens thereof ; all bakeries, bake shops, delicatessens, con-
<br />fectioneries, candy factories, ice cream factories, and parlors,
<br />refreshment stands, soda fountains, fruit stores, fruit stands,
<br />wagons from which food is sold, groceries, markets, meat mar-
<br />kets, bottling plants, places where milk is bottled or exposed for
<br />sale, and other similar places.
<br />Sec. 396. Food establishments—permits.
<br />Any person, firm or corporation operating or managing any
<br />"Food Establishment" as hereinbefore defined, shall, before en-
<br />gaging in such business, secure a permit from the Health Offi-
<br />cer, or his duly authorized representative. Permits shall be is-
<br />sued on or before the first day of January of each year, or later
<br />according to when application for same is made, and shall expire
<br />on December 31 of each year. A permit shall only be issued to
<br />a food establishment when it has been determined by previous
<br />inspections that these regulations and all the other rules and reg-
<br />ulations of the Board of Health are being constantly complied
<br />with. The fee to be charged for the above permit shall be one
<br />dollar ($1.00).
<br />Sec. 397. "Food establishment," to be kept in a sani-
<br />tary condition.
<br />Every person, firm or corporation keeping, maintaining, or be-
<br />ing in charge of any "Food Establishment" shall keep the same
<br />in a clean and sanitary condition.
<br />164 CHARI,OTTESVII.I,E CITY CODE
<br />Sec. 398. Food—protection from flies, dust, dirt, etc.
<br />Food in the process of manufacture, preparation, packing, and
<br />when stored, on sale or offered for sale shall be securely pro-
<br />tected from flies, dust and dirt; and food ready for consumption
<br />without further preparation, maintained or offered for sale or
<br />exchange, shall be covered by some permanent means, such as
<br />glass, wood, metal, or other suitable materials, in such manner
<br />or means to adequately protect same from dirt, dust and other
<br />contamination. The use of newspapers, old sacks, unclean pa-
<br />per or any paper that has been formerly used as an outside or
<br />inside wrapping of articles of food is hereby prohibited. No
<br />food, meat, or other food article shall be exposed on the side-
<br />walks or streets, except as may be necessary in transporting
<br />from one place to another.
<br />Sec. 399. Food establishments—screens.
<br />All doors, windows, transoms, flues and other openings which
<br />open to the outer air from food establishments shall be prop-
<br />erly screened with not coarser than fourteen mesh wire from the
<br />first day of March until the first day of December. This shall
<br />not apply to wholesale groceries and flour and meal mills.
<br />Sec. 400. Food establishments—utensils, etc.
<br />All utensils and appliances, machines, racks, molds, trucks, ta-
<br />bles, blocks, dishes, silverware, towels, napkins, table covers,
<br />aprons, jackets and all other equipment or articles in use in the
<br />preparation, storage, serving or distributing of food stuffs—
<br />such places shall be maintained in a clean and sanitary manner.
<br />The floors, side walks, ceilings, furniture, receptacles, imple-
<br />ments and machinery of every food establishment shall at all
<br />times be kept in a clean, healthful and sanitary condition.
<br />Sec. 401. Food establishments — ventilation, lighting,
<br />etc.
<br />Every building, room, basement or cellar occupied or used as
<br />a food establishment shall be properly lighted, drained, plumbed
<br />and ventilated and conducted with due regard for the purity and
<br />wholesomeness of the food therein produced, sold or stored, and
<br />with strict regard to the influence of such conditions upon the
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