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raw milk to the ultimate consumer until such time as this
<br />ordinance may be amended so as to prohibit such sale of raw
<br />milk, and; Provided .further, That when any milk distributor
<br />fails to qualify for one of the above grades, the health officer is
<br />authorized to suspend his permit, and/or to institute court action,
<br />or, in lieu thereof, to degrade his product and to permit to sale
<br />during a temporary period not exceeding 30 days, or in emer-
<br />gencies such longer period as he may deem necessary.
<br />SECTION 9. REINSTATEMENT OF PERMIT; SUPPLE-
<br />MENTARY REGRADING.—If, at any time between regular an-
<br />nouncements of the grades of milk or milk products, a lower
<br />grade shall become justified, in accordance with Section 5, 6, or
<br />7 of this ordinance, the health officer shall immediately lower the
<br />grade of such milk or milk products, and shall enforce proper
<br />labeling thereof.
<br />Any producer or distributor of milk or milk products the
<br />grade of which has been lowered by the health officer, and who
<br />is properly labeling his milk and milk products, or whose permit
<br />has been suspended at any time may make application for the
<br />regrading of his products or the reinstatement of his permit.
<br />Upon receipt of a satisfactory application for regrading or
<br />reinstatement of permit based on correction of a violation of any
<br />bacteriological or cooling -temperature standard, the health officer
<br />shall take further samples at the rate of not more than two per
<br />week, and shall approve the application upon compliance with
<br />the grade requirements as determined in accordance with Sec-
<br />tion 6: Provided, That if samples are not available because of
<br />suspension of permit to operate, or for otlor reasons, the health
<br />officer may issue a temporary permit upon satisfying himself,
<br />by inspection of the facilities and operat&g' methods, that the
<br />conditions responsible for the violation have been corrected, with
<br />final reinstatement of permit conditional upon subsequent bacte-
<br />riological or temperature findings.
<br />In case the lowered grade of the applicant's product or the
<br />permit suspension has been due to a violation of an item other
<br />than bacteriological standards or cooling temperature, the said
<br />application must be accompanied by a statement, signed by the
<br />applicant, to the effect that the violated item of the specifications
<br />has been corrected. Within one week of the receipt of such an
<br />application and statement, the health officer shall make a re-
<br />inspection of the applicant's establishment, and thereafter as
<br />many additional reinspections as he may deem necessary, to
<br />assure himself that the applicant is again complying with the
<br />higher -grade requirements, and, in case the findings' justify,
<br />shall regrade the milk or milk products upward or reinstate the
<br />permit.
<br />SECTION 10. TRANSFERRING OR DIPPING MILK; DE-
<br />LIVERY CONTAINERS; COOLING; QUARANTINED RESI-
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<br />SECTION 12. FUTURE DAIRIES AND MILK PLANTS.
<br />—All dairies and milk plants from which milk or milk products
<br />are supplied to the municipality of Charlottesville, Virginia,
<br />which are hereafter constructed, reconstructed, or extensively
<br />altered, shall conform in their construction to the grade A re-
<br />quirements of this ordinance. Properly prepared plans for all
<br />dairies and milk plants, which are hereafter constructed, recon-
<br />structed, or extensively altered, shall be submitted to the health
<br />officer for approval before work is begun. In the case of milk
<br />a plants, signed approval shall be obtained from the health officer.
<br />SECTION 13. NOTIFICATION OF DISEASE.—No person
<br />with any disease in a communicable form, or who is a carrier of
<br />such disease, shall work at any dairy farm or milk plant in any
<br />capacity which brings him into contact with the production,
<br />handling, storage, or transportation of milk, milk products,
<br />containers, or equipment; and no dairy farm or milk plant shall
<br />employ in any such capacity any such person, or any person
<br />suspected of having any disease in a communicable form, or of
<br />being a carrier of such disease. Any producer or distributor of
<br />milk or milk products upon whose dairy farm, or in whose milk
<br />plant, any communicable disease occurs, or who suspects that any
<br />employee has contracted any disease in a communicable form or
<br />has become a carrier of such disease, shall notify the health
<br />officer immediately. A placard containing these requirements
<br />shall be posted at dairy farms and milk plants.
<br />SECTION 14. PROCEDURE WHEN INFECTION IS SUS-
<br />PECTED.—When reasonable cause exists to suspect the possi-
<br />bility of transmission of infection from any person concerned
<br />with the handling of milk or milk products, the health officer is
<br />authorized to require any or all of the following measures: (1)
<br />the immediate exclusion of that person for milk handling; (2)
<br />the immediate exclusion of the milk supply concerned from dis-
<br />tribution and use; and (3) adequate medical and bacteriological
<br />examination of the person, of his associates and of his and their
<br />body discharges.
<br />SECTION 15. ENFORCEMENT INTERPRETATION.—
<br />This ordinance shall be enforced by the health officer in accord-
<br />ance with the interpretations thereof contained in Milk Code -
<br />1953 Recommendations of the Public Health Service, a certified
<br />copy of which shall be on file in the municipal clerk's office.
<br />SECTION 16. PENALTY.—Any person who shall violate
<br />any provision of this ordinance shall be firlied not more than $100
<br />at the discretion of the court. Each and every violation of the
<br />provisions of this ordinance shall constitute a separate offense.
<br />SECTION 17. REPEAL AND DATE, OF EFFECT.—All
<br />ordinances and parts of ordinances in conflict with this ordinance
<br />are hereby repealed; and this ordinance shall be in full force and4 40MR92, =bowl
<br />DENCES.—Except as permitted in this section, no milk pro-
<br />ducer or distributor shall transfer milk or milk products from
<br />one container to another on the street, or in any vehicle,. or store,
<br />or any place except a bottling or milk room especially used for
<br />that purpose. The sale of dip milk is hereby prohibited.
<br />Milk and fluid -milk products sold in the distributor's con-
<br />tainers in quantities of one gallon or less shall be delivered in
<br />standard milk bottles or in single -service containers. It shall
<br />be unlawful for hotels, soda fountains, restaurants, groceries,
<br />and similar establishments to sell or serve any milk or fluid -milk
<br />products except in the individual, original container in which it
<br />was received from the distributor, or from a bulk container
<br />equipped with an approved dispensing device: Provided, That
<br />this requirement shall not apply to cream, whipped cream, or half
<br />and half which is consumed on the premises, and which may be
<br />served from the original bottle or from a dispenser approved for
<br />such service, nor to milk served at hospitals and institutions,
<br />which may be served from 1 -quart containers packaged at a
<br />milk plant, nor to mixed milk drinks requiring less than 1/. -pint
<br />of milk, which may be poured from 1 -quart or 2 -quart containers
<br />packaged at a milk plant.
<br />It shall be unlawful for any hotel, soda fountain, restaurant,
<br />grocery, hospital, or similar establishment to sell or serve any
<br />milk or milk product which has not been maintained, while in
<br />its possession, at a temperature of 50° F. or less. If containers
<br />of milk or milk products are stored in water for cooling, the
<br />pouring lips of the containers shall not be submerged.
<br />It shall be the duty of all persons to whom milk or milk
<br />products are delivered to clean thoroughly the containers in
<br />which such milk or milk products are delivered before returning
<br />such containers.
<br />The delivery of milk or milk products to, and the collection
<br />of milk or milk -product containers from, residences in which
<br />cases of communicable disease transmissable through milk sup-
<br />plies exist, shall be subject to the special requirements of the
<br />health officer.
<br />SECTION 11. MILK AND MILK PRODUCTS FROM
<br />POINTS BEYOND THE LIMITS OF ROUTINE INSPEC-
<br />TION.—Milk and milk products from points beyond the limits
<br />of routine inspection of the municipality of Charlottesville, Vir-
<br />ginia, may not be sold in the municipality of Charlottesville, Vir-
<br />ginia, or its police jurisdiction, unless produced and/or pasteur-
<br />ized under provisions which are substantially equivalent to the
<br />requirements of this ordinance, and which are enforced with
<br />equal effectiveness, as determined by a milk -sanitation rating.
<br />Such rating shall be made as prescribed in U. S. Public Health
<br />Service bulletin covering ratings.
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<br />effect immediately upon its adoption and its publication, as pro-
<br />vided by law.
<br />SECTION 18. UNCONSTITUTIONALITY CLAUSE.—
<br />Should any section, paragraph, sentence, clause or phrase of this
<br />ordinance be declared unconstitutional or invalid for any reason,
<br />the remainder of said ordinance shall not be affected thereby.
<br />Adopted October 17, 1956
<br />A Copy: TESTE
<br />J. S. Rusx, JR.,
<br />Clerk of the Council.
<br />As Amended October 17, 1956
<br />ADOPTED BY THE COUNCIL
<br />OCTOBER 179 1956
<br />AYES: MR. DAVIS, MR. MICHIE AND
<br />MR, WE 1 NBERG.
<br />NOES: NONE (MR. COLEMAN AND
<br />MR. HILL ABSENT)
<br />PRESIDENT
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