ORDINANCE NO. 292
AN ORDINANCE regulating the production, grading, labeling, handling and distribution of milk and cream; forbidding the sale and handling of adulterated, unwholesome and misbranded milk and cream; providing for the inspection of dairy farms, herds, milk plants and testing and inspecting of milk and cream and prescribing penalties for the violation of this ordinance.
BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF TROY:
Section One. No person, firm, corporation or partnership shall hereafter be permitted to sell milk or cream for consumption, either wholesale or retail, until said person, firm, corporation or partnership shall obtain from the City Clerk of the City of Troy a permit to sell said milk or cream within the City of Troy, Kansas.
Section Two. Any person, firm, corporation or partnership desiring to sell milk or cream within the City of Troy, and to obtain a permit therefor, shall first make application to the City Clerk of said City, in writing, stating therein the name and true address of the person desiring to sell milk or cream and shall attach to said application a certificate of a graduate accredited, licensed veterinarian, which said certificate shall be dated not more than 90 days before said applicant makes his application, showing that said applicant has had his herd of dairy cows examined by said veterinarian for Tuberculosis and Infectious Abortion, (Bangs disease) and said herd has had a physical examination by said veterinarian and said certificate shall show said herd to be free from disease and in such condition to produce clean and wholesome milk.
Section Three. The City Clerk is, upon compliance with Sections One & Two authorized to issue to said applicant a permit to sell milk or cream within the City of Troy upon the payment by said applicant of the sum of $1.00.
Section Four. All persons granted a permit hereunder shall thereafter, once each year file with the City Clerk a health certificate showing that said person has had his dairy cows and herd tested as set out in Section Two and said dairy cows and herds shall have a physical examination not less than once each quarter on order of the City or Troy by a veterinarian assigned by the City and the costs of said examination to be paid to the City of Troy by the owner or owners of said cow, cows or herds.
Section Five. It shall be unlawful to have or keep within a herd or dairy cows any cow reacting to the Tuberculin test or to the Agglutinative test for infectious abortion or any cow rejected for Mastitis or any other disease or diseases; said cow or animal so diseased must be removed from the dairy herd, completely segregated and disposed of according to law.
Section Six. It shall be unlawful to add to any herd any cow or bull without first subjecting said cow or bull to the tests above prescribed.
Section Seven. All persons desiring to sell milk or cream in the City must at all times keep the dairy barn in a clean and sanitary condition by sweeping, dusting, disinfecting and scrubbing, and all places where said milk and cream is bottled, kept, stored or handled must be kept in a clean sanitary condition and free from any and all dirt, filth or foul odor.
Section Eight. It shall be unlawful for any person to sell or offer for sale either whole sale or retail any milk within the City of Troy unless such milk shall contain not less than 3.25% percent of milk fat or more than [illegible] bacteria per cubic centimeter, or from cows 30 days before or ten days after calving; and it shall be lawful at the discretion of the Council and Mayor for any person appointed by them to take any sample of milk from any dairy barn, wagon, truck, store counter or other place for the purpose of having said milk or cream subjected to a laboratory test.
Section Nine. Grades of Milk shall be “A” and “B”. “A” grade milk shall be produced in clean barns properly drained, water tight floors, cows milked in small, topped buckets, milk not poured from one container to another in barn where cows are milked or being milked, milk properly strained to prevent sediment, milk cooled to a temperature as low, at least as fifty-six (56) degrees Fahrenheit, then put in closed containers and kept in said containers until delivered to the ultimate consumer; the caps or lids of said containers shall be dated with the correct date and morning or evening thereon to designate the exact time of production of said milk.
“B” grade milk is milk which is produced according to all the rules and regulations of this ordinance, except for Grade “A” milk, all bottles and containers may be labeled “B” Grade milk, but said milk shall contain at least 3.25 percent of milk fat and not more than [illegible] bacteria per cubic centimeter and the labels or caps shall be dated with correct date.
Section Ten. It shall be unlawful to sell milk or cream wholesale or retail in any other than the original container; provided however, that milk may be sold to ice-cream plants or creameries in cans or large containers, provided said milk is produced in accordance with the terms of this ordinance.
Section Eleven. Any person, firm, corporation or partnership violating any of the terms of this ordinance shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined in any sum not exceeding the sum of $10.00 for the first offense and upon conviction of the second offense shall be fined in any sum not exceeding $50.00 and the Police Judge of said City shall revoke the permit to sell milk and cream within the City of Troy.
Section Twelve. This Ordinance shall take effect and be in force 60 days after its passage, approval and publication in The Kansas Chief as provided for by law.
PASSED AND APPROVED THIS 28 DAY OF JUNE, 1933.
Attest: Glenn L. Hackney, City Clerk
R. L. [signature unclear], Mayor
There is also a handwritten notation beneath the mayor’s signature that appears to be an additional name or notation, but it is not clear enough for me to transcribe confidently.