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BULLETSt. Louis City Revised Code Chapter 11.46 Milk

St. Louis City Revised Code (annotated) has been converted to electronic format by the staff of the St. Louis Public Library. This electronic version has been done for the interest and convenience of the user. These are unofficial versions and should be used as unofficial copies.

Official printed copies of St. Louis City Revised Code may be obtained from the Register's Office at the St. Louis City Hall.



Chapter 11.46
Milk

Sections:

11.46.010 Definitions.
11.46.020 Acidified milk and milk products defined.
11.46.030 Adulterated milk and milk products defined.
11.46.040 And/or defined.
11.46.050 Board of public service defined.
11.46.060 Bulk tank truck operator defined.
11.46.070 Buttermilks defined.
11.46.080 Concentrated milk, concentrated milk products and frozen milk concentrate defined.
11.46.090 Creams defined.
11.46.100 Cultured milk products and cottage cheeses defined.
11.46.110 Dairy farm defined.
11.46.120 Flavored milk or milk products defined.
11.46.130 Fortified milk or milk products defined.
11.46.140 Grade A dry milk products defined.
11.46.150 Half and halves defined.
11.46.160 Health authority or health officer defined.
11.46.170 Homogenized milk defined.
11.46.180 Laboratories defined.
11.46.190 Lowfat milk defined.
11.46.200 Milk defined.
11.46.210 Milk distributor defined.
11.46.220 Milk hauler defined.
11.46.230 Milk plant and/or receiving station defined.
11.46.240 Milk producer defined.
11.46.250 Milk products defined.
11.46.260 Misbranded milk or milk products defined.
11.46.270 Optional ingredients defined.
11.46.280 Pasteurization defined.
11.46.290 Person defined.
11.46.300 Reconstituted milk and milk products defined.
11.46.310 Sanitization defined.
11.46.320 Skim milk or skimmed milk defined.
11.46.330 Transfer station defined.
11.46.340 Vitamin D milk and milk products defined.
11.46.350 Adulterated or misbranded milk or milk products.
11.46.360 Permits.
11.46.370 Labeling.
11.46.380 Inspection of dairy farms and milk plants.
11.46.390 Examination.
11.46.400 Standards.
11.46.410 Sanitation--For grade A raw milk for pasteurization.
11.46.420 Sanitation--For grade A pasteurized milk and milk products.
11.46.430 Animal health.
11.46.440 Milk and milk products which may be sold.
11.46.450 Transferring--Storing--Vehicles.
11.46.460 Milk and milk products from points beyond the limits of routine inspection.
11.46.470 Future dairy farms and milk plants.
11.46.480 Personnel health.
11.46.490 Procedure when infection is suspected.
11.46.500 Enforcement.
11.46.510 Collection and delivery from farms to milk plants or transfer stations.
11.46.520 Interference with health officer.
11.46.530 Inspection fees.
11.46.540 Penalty for violation.

Charter:

Art. I 1 (27) Inspection of articles of consumption or use.

V.A.M.S.:

71.720 Power to regulate milk

196.010--196.959 Foods and drugs, generally

196.520--196.690 Missouri Dairy Law

196.851--196.895 Manufacture and sale of ice cream and frozen food products

196.900--196.918 Fat frozen desserts

196.931--196.959 Fluid milk and fluid milk products

City Counselor Ops.: 8769

Cases:

Ordinance forbidding dealing in raw milk, which is declared lawful product by statute, is unconstitutional. State v. Kinsey, 282 S.W. 437 (1926).

Saint Louis ordinance providing a lower standard for the sale of milk than set by state law was valid. City of St. Louis v. Scheer, 139 S.W. 434, 235 Mo. 721 (1911).

Municipal ordinance prescribing standards below that fixed by statute is valid, but when ordinance fixes higher standard, the ordinance to that extent is invalid. St. Louis v. Union Dairy Co., 112 S.W. 525, 213 Mo. 148 (1908); City of St. Louis v. Klausmeier, 112 S.W. 516, 213 Mo. 119 (1908).

An ordinance fixing the standard of milk which shall be offered for sale and the method by which it shall be tested, not being manifestly unreasonable and oppressive, is a proper exercise of the police power. City of St. Louis v. Liessing, 89 S.W. 511, 190 Mo. 464, 1 L.R.A. (N.S.) 918, 109 Am. St. Rep. 774, 4 Ann. Cas. 112 (1905).

McQuillin:

24.414 et seq.Regulation of dairies, milk and dairy products

11.46.010 Definitions.

The following definitions shall apply in the interpretation and the enforcement of this chapter.
(Ord. 55834 2 (1 part), 1971: 1960 C. 460.010.)

11.46.020 Acidified milk and milk products defined.

"Acidified milk and milk products" are milk and milk products obtained by the addition of food grade acids to pasteurized cream, half and half, milk, lowfat milk, or skim milk, resulting in a product acidity of not less than 0.20 percent expressed as lactic acid.
(Ord. 55843 2 (1N), 1971: 1960 C. 460.330.)

11.46.030 Adulterated milk and milk products defined.

"Adulterated milk and milk products" mean any milk or milk products shall be deemed to be adulterated if:

A. It bears or contains any poisonous or deleterious substance in a quantity which may render it injurious to health;

B. It bears or contains any added poisonous or deleterious substance for which no safe tolerance has been established by state or federal regulations, or in excess of such tolerance if one has been established;

C. It consists, in whole or in part, of any substance unfit for human consumption;

D. It has been produced, processed, prepared, packed, or held under unsanitary conditions;

E. Its container is composed, in whole, or in part, of any poisonous or deleterious substance which may render the contents injurious to health;

F. Water or any other substance has been added thereto or mixed or packed therewith so as to increase its bulk or weight, or reduce its quality or strength, or make it appear better or of greater value than it is.
(Ord. 55834 2 (1R), 1971: 1960 C. 460.430.)

11.46.040 And/or defined.

Where the term "and/or" is used, "and" shall apply where appropriate, otherwise "or" shall apply.
(Ord. 55834 2 (1DD), 1971: 1960 C. 460.590.)

11.46.050 Board of public service defined.

"Board of public service" shall mean the board of public service described in the Charter of the city of St. Louis.
(Ord. 55843 2 (1X), 1971: 1960 C. 460.520.)

11.46.060 Bulk tank truck operator defined.

"Bulk tank truck operator" is any person who operates a bulk transport tank truck for the purpose of collecting Grade A raw milk for pasteurization from farm milk cooling and holding tanks and who possesses a bulk tank truck operators permit from the health officer.
(Ord. 55834 2 (1V1), 1971: 1960 C. 460.490.)

11.46.070 Buttermilks defined.

A. "Buttermilk" means a fluid product resulting from the manufacture of butter from milk or cream. It contains not less than eight and one-quarter percent of milk solids not fat.

B. "Cultured buttermilk" is a fluid product resulting from the souring, by lactic acid producing bacteria or similar culture, of pasteurized skim milk or pasteurized lowfat milk.
(Ord. 55834 2 (1L), 1971: 1960 C. 460.280, 460.290.)

11.46.080 Concentrated milk, concentrated milk products and frozen milk concentrate defined.

A. "Concentrated milk" is a fluid product, unsterilized and unsweetened, resulting from the removal of a considerable portion of the water from milk, which when combined with potable water, results in a product conforming with the standards for milkfat and solids not fat of milk as defined above.

B. "Concentrated milk products" shall be taken to mean and to include homogenized concentrated milk, vitamin D concentrated milk, concentrated skim milk, fortified concentrated lowfat milk, concentrated flavored milk, concentrated flavored milk products, and similar concentrated milk products, made from concentrated milk or concentrated skim milk, and which, when combined with potable water in accordance with instructions printed on the container, conform with the definitions of the corresponding milk products in this section.

C. "Frozen milk concentrate" is a frozen milk product with a composition of milkfat and milk solids not fat in such proportions that when a given volume of concentrate is mixed with a given volume of water the reconstituted product conforms to the milkfat and milk solids not fat requirements of whole milk. In the manufacturing process, water may be used to adjust the primary concentrate to the final desired concentration. The adjusted primary concentrate is pasteurized, packaged, and immediately frozen. This product is stored, transported, and sold in the frozen state.
(Ord. 55834 2 (1E), 1971: 1960 C. 460.160--460.180.)

11.46.090 Creams defined.

A. "Cream" is the sweet, fatty liquid separated from milk, with or without the addition of milk or skim milk, which contains not less than eighteen percent milkfat.

B. "Heavy cream or heavy whipping cream" is cream which contains not less than thirty-six percent milkfat.

C. "Light cream, coffee cream, or table cream" is cream which contains not less than eighteen percent but less than thirty percent milkfat.

D. "Light whipping cream" is cream that contains not less than thirty percent but less than thirty-six percent milkfat.

E. "Sour cream or cultured sour cream" is a fluid or semifluid cream resulting from the souring, by lactic acid producing bacteria or similar culture, of pasteurized cream, which contains not less than 0.20 percent acidity expressed as lactic acid.

F. "Whipped cream" is whipping cream into which air or gas has been incorporated.

G. "Whipped light cream, coffee cream, or table cream" is light cream, coffee cream, or table cream into which air or gas has been incorporated.

H. "Whipping cream" is cream which contains not less than thirty percent milkfat.
(Ord. 55834 2 (1B), 1971: 1960 C. 460.050--460.120.)

11.46.100 Cultured milk products and cottage cheeses defined.

A. "Cultured milk, cultured milk products or cultured whole milk buttermilk" is a fluid product resulting from the souring by lactic acid producing bacteria or similar culture, of pasteurized milk or milk products.

B. "Cottage cheese" is the soft uncured cheese obtained by adding lactic acid producing bacteria, with or without enzymatic action, to pasteurized skim milk, pasteurized lowfat milk, or pasteurized reconstituted skim milk. It shall contain not more than eighty percent moisture. Cottage cheese may be seasoned with salt.

C. "Creamed cottage cheese" is prepared by mixing cottage cheese with a pasteurized creaming mixture consisting of pasteurized cream and milk, dry milk products, concentrated skim milk, skim milk or lowfat milk, to which salt, lactic acid, and flavor producing bacteria, rennet, tactic acid, citric acid, phosphoric acid or stabilizer may be added. The quantity of milkfat added in the creaming mixture shall be not less than four percent by weight of the finished creamed cottage cheese. Dry milk products or concentrated skim milk may be added, provided the amount of added solids does not exceed three percent of the weight of the creaming mixture. Creamed cottage cheese shall contain not more than eighty percent moisture.
(Ord. 55834 2 (1M), 1971: 1960 C. 460.300--460.320.)

11.46.110 Dairy farm defined.

"Dairy farm" is any place or premises where one or more cows or goats are kept, and from which all of the milk or milk product(s) is provided, sold, or offered for sale to a milk plant, transfer station, or receiving station.
(Ord. 55834 2 (1Y), 1971: 1960 C. 460.530.)

11.46.120 Flavored milk or milk products defined.

A. "Flavored milk or milk products" shall mean milk and milk products as defined in this chapter to which has been added a flavor and/or sweetener.

B. "Eggnog" is a milk product consisting of a mixture of milk or milk product of at least 6.0 percent butterfat, at least 1.0 percent egg yolk solids plus sweetener and flavoring. Emulsifier and not over 0.50 percent stabilizer may be added.

C. "Eggnog flavored lowfat milk" is a milk product consisting of a mixture of not less than one-half percent nor more than two percent butterfat, at least one-half percent egg yolk solids plus sweetener and flavoring. Emulsifier and a maximum of one-half percent of stabilizer may be added.

D. "Eggnog flavored milk" is a milk product consisting of a mixture of at least three and one-quarter percent butterfat, at least one-half percent egg yolk solids plus sweetener and flavoring. Emulsifier and a maximum of one-half percent stabilizer may be added.
(Ord. 55834 2 (1K), 1971: 1960 C. 460.240--460.270.)

11.46.130 Fortified milk and milk products defined.

"Fortified milk and milk products" are milk and milk products other than vitamin D milk and milk products, the vitamin and/or mineral content of which have been increased by a method and in an amount approved by the health officer.
(Ord. 55843 2 (1I), 1971: 1960 C. 460.220.)

11.46.140 Grade A dry milk products defined.

"Grade A dry milk products" are milk products which have been produced for use in Grade A pasteurized milk products and which have been manufactured under the provisions of Grade A dry milk products--recommended sanitation ordinance and code for dry milk products used in Grade A pasteurized milk products.
(Ord. 55843 2 (1P), 1971: 1960 C. 460.410.)

11.46.150 Half and halves defined.

A. "Half and half" is a product consisting of a mixture of milk and cream which contains not less than ten and one-half percent milkfat.

B. "Sour half and half or cultured half and half or dairy dressing" is fluid or semifluid half and half derived from the souring, by lactic acid producing bacteria or similar culture, of pasteurized half and half, which contains not less than 0.20 percent acidity expressed as lactic acid.
(Ord. 55843 2 (1C), 1971: 1960 C. 460.130, 460.140.)

11.46.160 Health authority or health officer defined.

The "health authority" or "health officer" shall mean the health commissioner of the City of St. Louis or his authorized representative. The term, "Health Authority" or "Health Officer," wherever it appears in this Ordinance, shall mean the appropriate agency having jurisdiction and control over the matters embraced within this Ordinance.
(Ord. 55834 2 (1X), 1971: 1960 C. 460.510.)

11.46.170 Homogenized milk defined.

"Homogenized milk" is milk which has been treated to insure breakup of the fat globules to such an extent that after forty-eight hours of quiescent storage at forty-five degrees Fahrenheit, no visible cream separation occurs on the milk, and the fat percentage of the top one hundred milliliters of milk in a quart, or of proportionate volumes in containers of other sizes, does not differ by more than ten percent from the fat percentage of the remaining milk as determined after thorough mixing. The word "milk" shall be interpreted to include homogenized milk.
(Ord. 55834 2 (1J), 1971: 1960 C. 460.230.)

11.46.180 Laboratories defined.

A. "Official laboratory" is a biological, chemical, or physical laboratory which is under the direct supervision of the state or local health officer.

B. An "officially designated laboratory" is a commercial laboratory authorized to do official work by the supervising agency, or a milk industry laboratory officially designated by the supervising agency for the examination of producer samples of Grade A raw milk for pasteurization.
(Ord. 55834 2 (1AA, BB), 1971: 1960 C. 460.560, 460.570.)

11.46.190 Lowfat milk defined.

"Lowfat milk" is milk from which sufficient portion of milkfat has been removed to reduce its milkfat content to not less than one-half percent and not more than two percent.
(Ord. 55834 2 (1G), 1971: 1960 C. 460.200.)

11.46.200 Milk defined.

A. "Milk" is the lacteal secretion, practically free from colostrum, obtained by the complete milking of one or more healthy cows which contains not less than eight and one-quarter percent milk solids not fat and not less than three and one-quarter percent of milkfat. Milkfat or butterfat is the fat of milk.

B. "Breed milk" is milk from a herd of cows where at least ten percent of the herd is registered pure bred and the remainder at least high grade individuals of the same breed. The word "milk" shall be interpreted to include breed milk.

C. "Goat milk" is the lacteal secretion, practically free from colostrum, obtained by the complete milking of healthy goats. The word "milk" shall be interpreted to include goat milk.
(Ord. 55834 2 (1A), 1971: 1960 C. 460.020--460.040.)

11.46.210 Milk distributor defined.

A "milk distributor" is any person who offers for sale or sells to another any milk or milk products.
(Ord. 55834 2 (1W), 1971: 1960 C. 460.500.)

11.46.220 Milk hauler defined.

A "milk hauler" is any person who transports raw milk and/or raw milk products to or from a milk plant, receiving or transfer station.
(Ord. 55834 2 (1V), 1971: 1960 C. 460.480.)

11.46.230 Milk plant and/or receiving station defined.

A "milk plant and/or receiving station" is any place, premises, or establishment where milk or milk products are collected, handled, processed, stored, pasteurized, bottled, or prepared for distribution.
(Ord. 55834 2 (1Z), 1971: 1960 C. 460.540.)

11.46.240 Milk producer defined.

A "milk producer" is any person who operates a dairy farm and provides, sells, or offers milk for sale to a milk plant, receiving station, or transfer station.
(Ord. 55834 2 (1U), 1971: 1960 C. 460.470.)

11.46.250 Milk products defined.

"Milk products" include cream, light cream, coffee cream, table cream, whipping cream, light whipping cream, heavy cream, heavy whipping cream, whipped cream, whipped light cream, whipped coffee cream, whipped table cream, sour cream, cultured sour cream, dairy dressing, half and half, sour half and half, cultured half and half, reconstituted or recombined milk and milk products, concentrated milk, concentrated milk products, skim milk, skimmed milk, lowfat milk, fortified milk and milk products, vitamin D milk and milk products, homogenized milk, flavored milk or milk products, buttermilk, cultured buttermilk, cultured milk, cultured milk products, cultured whole milk buttermilk, and acidified milk and milk products and any other product made by the addition of any substance to milk, or to any of these milk products, and used for similar purposes, and designated as a milk product by the health officer. This definition is not intended to include such products hermetically sealed in a container and so processed, either before or after sealing, as to prevent microbial spoilage, or evaporated milk, condensed milk, ice cream, and other frozen desserts, butter, dry milk products (except as defined herein) or cheese (except as defined herein) except when they are combined with other substances to produce any pasteurized milk or milk product defined herein.
(Ord. 55834 2 (1O), 1971: 1960 C. 460.400.)

11.46.260 Misbranded milk or milk products defined.

Milk or milk products are misbranded when:

A. Their container(s) bear or accompany any false or misleading written, printed or graphic matter;

B. Such milk and milk products do not conform to their definitions as contained in this Ordinance; or

C. Such products are not labeled in accordance with Section 11.46.370 or when such products are labeled with any statement or grade designation not approved by the health officer.
(Ord. 55834 2 (1R1), 1971: 1960 C. 460.440.)

11.46.270 Optional ingredients defined.

"Optional ingredients" shall mean and include Grade A dry milk products, concentrated milk, concentrated milk products, flavors, sweeteners, stabilizers, emulsifiers, acidifiers, vitamins, minerals, and similar ingredients which may be added to milk products only as approved by the health officer.
(Ord. 55834 2 (1Q), 1971: 1960 C. 460.420.)

11.46.280 Pasteurization defined.

The terms "pasteurization" and "pasteurized," and similar terms shall mean the process of heating every particle of milk or milk product to at least one hundred forty-five degrees Fahrenheit, and holding it continuously at or above this temperature for at least thirty minutes, or to at least one hundred sixty one degrees Fahrenheit, and holding it continuously at or above this temperature for at least fifteen seconds, in equipment which is properly operated and approved by the health officer; provided, that milk products which have a higher milkfat content than milk and/or contain added sweeteners shall be heated to at least one hundred fifty degrees Fahrenheit, and held continuously at or above this temperature for at least thirty minutes, or to at least one hundred sixty-six degrees Fahrenheit, and held continuously at or above this temperature for at least fifteen seconds; provided further, that eggnog shall be heated to at least one hundred fifty-five degrees Fahrenheit, and held continuously at or above this temperature for at least thirty minutes, or to at least one hundred seventy-five degrees Fahrenheit, and held continuously at or above this temperature for twenty-five seconds; provided further, that nothing in this definition shall be construed as barring any other pasteurization process which has been recognized by the United States Public Health Service to be equally efficient and which is approved by the state health authority and the health officer.
(Ord. 55834 2 (1S), 1971: 1960 C. 460.450.)

11.46.290 Person defined.

The word "person" shall mean any individual, plant, operator, partnership, corporation, company, firm, trustee, or association.
(Ord. 55834 2 (1CC), 1971: 1960 C. 460.580.)

11.46.300 Reconstituted milk and milk products defined.

"Reconstituted or recombined milk and/or milk products" shall mean milk or milk products defined in this section which result from the recombining of milk constituents with potable water.
(Ord. 55834 2 (1D), 1971: 1960 C. 460.150.)

11.46.310 Sanitization defined.

"Sanitization" is the application of any effective method or substance to a clean surface for the destruction of pathogens and of other organisms as far as is practicable. Such treatment shall not adversely affect the equipment, the milk or milk product, or the health of consumers, and shall be acceptable to the health officer.
(Ord. 55834 2 (1T), 1971: 1960 C. 460.460.)

11.46.320 Skim milk or skimmed milk defined.

"Skim milk or skimmed milk" is milk from which sufficient milkfat has been removed to reduce its milkfat content to less than one-half percent.
(Ord. 55834 (1F), 1971: 1960 C. 460.190.)

11.46.330 Transfer station defined.

A "transfer station" is any place, premises, or establishment where milk or milk products are transferred directly from one transport tank to another.
(Ord. 55834 2 (1Z1), 1971: 1960 C. 460.550.)

11.46.340 Vitamin D milk and milk products defined.

"Vitamin D milk and milk products" are milk and milk products, the vitamin D content of which has been increased by an approved method to at least 400 U.S.P. units per quart. (Ord 55834 2 (1F), 1971: 1960 C. 460.210.)

11.46.350 Adulterated or misbranded milk or milk products.

No person shall, within the city, of St. Louis, or its police jurisdiction, produce, provide, sell, offer, or expose for sale, or have in possession with intent to sell any milk or milk product which is adulterated or misbranded; provided, that in an emergency, the sale of pasteurized milk and milk products which have not been graded, or the grade of which is unknown, may be authorized by the health officer, in which case such product shall be labeled "ungraded."

No person shall store adulterated milk in equipment that is approved by the health officer for cooling and/or holding of milk under the terms of this chapter.

Any adulterated or misbranded milk or milk product may be impounded by the health officer and disposed of in accordance with applicable laws or regulations.
(Ord. 55834 2 (2), 1971: 1960 C. 461.010.)

Cases:

Ordinance declaring that milk shall be deemed adulterated if any substance has been mixed with it so as to lower its strength, quality or purity, prohibits the addition of water to milk. City of St. Louis v. Amelin, 139 S.W. 429, 235 Mo. 669 (1911).

Conviction for possession of adulterated milk with intent to sell sustained under ordinance, where annatto had been added to milk to make it appear richer in fat. City of St. Louis v. Jud, 139 S.W. 441, 236 Mo. 1 (1911).

Where it was not shown that milk shipped from Illinois was still interstate commerce, St. Louis ordinance prohibiting possession of adulterated milk with intent to sell in the city was applicable. City of St. Louis v. Niehaus, 139 S.W. 450, 236 Mo. 8 (1911).

11.46.360 Permits.

It shall be unlawful for any person who does not possess a permit from the board of public service of the City of St. Louis to bring into, send into, or receive into the City of St. Louis or its police jurisdiction, for sale, or to sell, or offer for sale therein, or to have in storage milk or milk products; provided, that grocery stores, restaurants, soda fountains, and similar establishments where milk or milk products are served or sold at retail, but not processed, may at the discretion of the health officer be exempt from the requirements of this section.

Only a person who complies with the requirements of this chapter shall be entitled to receive and retain such a permit. Permits shall not be transferable with respect to persons or locations.

Any person making application for such permit shall file a statement giving the information and facts on a form provided by the health officer for the purpose. If any changes are made in the information or facts given, written notice thereof must be given the health officer for insertion and correction in the records of the city.

The health officer shall suspend such permit, whenever he has reason to believe that a public health hazard exists; or whenever the permit holder has violated any of the requirements of this chapter; or whenever the permit holder has interfered with the health officer in the performance of his duties; provided, that the health officer shall, in all cases except where the milk or milk product involved creates, or appears to create, an imminent hazard to the public health; or in any case of a willful refusal to permit authorized inspection; serve upon the holder a written notice of intent to suspend permit, which notice shall specify with particularity the violation(s) in question and afford the holder such reasonable opportunity to correct such violation(s) as may be agreed to by the parties, or in the absence of agreement, fixed by the health officer, before making any order of suspension effective. A suspension of permit shall remain in effect until the violation(s) have been corrected to the satisfaction of the health officer.

Upon repeated violation(s), termination of business, or reasonable cause, the board of public service may revoke such permit following reasonable notice to the permit holder and an opportunity for a hearing at least five days after such notice. This section is not intended to preclude the institution of court action as provided in Section 11.46.380 and Section 11.46.390.

Any person whose permit has been suspended or revoked may make written application for reinstatement of his permit. The application shall contain a statement that the violation(s) or the conditions believed to have been responsible for the violation(s), specified with particularity, have been corrected. After proper investigation reveals that the violation(s) and/or condition(s) have been satisfactorily corrected, the health officer shall reinstate the suspended permit or recommend to the board of public service that the revoked permit be reinstated.
(Ord. 55834 2 (3), 1971: 1960 C. 462.010.)

Cases:

City of St. Louis, in the exercise of its police power, may require milk sellers to take out permits. City of St. Louis v. Kellmann, 243 S.W. 134, 295 Mo. 71 (1922).

The fact that the selling of milk is a lawful business does not exempt it from reasonable police regulations. City of St. Louis v. Grafeman Dairy Co., 89 S.W. 617, 190 Mo. 492, 1 L.R.A., N.S., 936.

11.46.370 Labeling.

A. All bottles, containers, and packages enclosing milk or milk products shall be conspicuously labeled or marked with:

1. The name of the contents as given in the definitions of this chapter;

2. The word "reconstituted" or "recombined" if the product is made by reconstitution or recombination;

3. The grade of the contents;

4. The word "pasteurized" if the contents are pasteurized and the identity of the plant where pasteurized;

5. The word "raw" if the contents are raw and the name or other identity of the producer;

6. The designation "Vitamin D" and the number of U.S.P. units per quart in the case of vitamin D milk or milk products;

7. The volume or proportion of water to be added for recombining in the case of concentrated milk or milk products;

8. The designation "fortified" and the amount of vitamins and/or minerals in terms of U.S.P. units and/or milligrams per quart in the case of fortified milk or milk products;

9. The words "nonfat milk solids added" and the percentage added if such solids have been added, except that this requirement shall not apply to reconstituted or recombined milk or milk products;

10. The words "artificially sweetened" in the name if non nutritive and/or artificial sweeteners are used;

11. The common name of stabilizers, distillates, and ingredients;

B. Only the identity of the milk producer shall be required on cans delivered to a milk plant which receives only Grade A raw milk for pasteurization, and which immediately dumps, washes and returns the cans to the milk producer.

C. The identity of both milk producer and the grade shall be required on cans delivered to a milk plant which receives both Grade A raw milk for pasteurization and ungraded raw milk, and which immediately dumps, washes, and returns the cans to the milk producer.

D. In the case of concentrated milk products, the specific name of the product shall be substitutes for the generic term "concentrated milk products," e.g., "homogenized concentrated milk," "concentrated chocolate flavored lowfat milk."

E. In the case of flavored milk and milk products or flavored reconstituted milk and milk products, the name of the principal flavor shall be substituted for the word "flavored."

F. In the case of cultured milk and milk products, the special type culture used may be substituted for the word "cultured," e.g., "acidophilus buttermilk," "bulgarian buttermilk," and "yogurt."

G. In the case of breed milk and milk products, the special type breed may be substituted for the word "breed," e.g., "guernsey" and "jersey."

H. All bottles, containers and packages enclosing milk and milk products which have not been ultra-high heat treated and aseptically filled, cultured, acidified, aerated or concentrated shall show the date of pasteurization.

I. All vehicles and transport tanks containing milk or milk products shall be legibly marked with the name and address of the milk plant or hauler in possession of the contents.

J. Tanks transporting raw milk and milk products to a milk plant from sources of supply not under the routine supervision of the health officer are required to be marked with the name and address of the milk plant or hauler and shall be sealed; in addition, for each such shipment, a shipping statement shall be prepared containing at least the following information:

1. Shipper's name, address, and permit number;

2. Permit number of hauler, if not employee of shipper;

3. Point of origin of shipment;

4. Tanker identity number;

5. Name of product;

6. Weight of product;

7. Grade of product;

8. Temperature of product;

9. Date of shipment;

10. Name of supervising health officer at the point of origin;

11. Whether the contents are raw, pasteurized, or otherwise heat treated.

Such statement shall be prepared in triplicate and shall be kept on file by the shipper, the consignee, and the carrier for a period of six months for the information of the health officer.

K. The labeling information which is required on all bottles, containers or packages of milk or milk products shall be in letters of an acceptable size, kind, and color satisfactory to the health officer and shall contain no marks or words which are misleading.
(Ord. 55834 2 (4), 1971: 1960 C. 463.010.)

McQuillin:

24.418 Milk quality; standards, grading, labeling

11.46.380 Inspection of dairy farms and milk plants.

Each dairy farm, milk plant, receiving station, and transfer station whose milk or milk products are intended for consumption within the city of St. Louis or its police jurisdiction shall be inspected by the health officer prior to the issuance of a permit. Following the issuance of a permit, each dairy farm and transfer station shall be inspected at least once every six months and each milk plant and receiving station shall be inspected at least once every three months. Should the violation of any requirement set forth in Section 11.46.400 be found to exist on an inspection, a second inspection shall be required after the time deemed necessary to remedy the violation, but not before three days; this second inspection shall be used to determine compliance with the requirements of Section 11.46.400. Any violations of the same requirement of Section 11.46.400 on such second inspection shall call for permit suspension in accordance with Section 11.46.360 and/or court action.

Every milk producer, hauler, distributor, or plant operator shall, upon request of the health officer, permit access of officially designated persons to all parts of his establishment or facilities to determine compliance with the provisions of this chapter. A distributor or plant operator shall furnish the health officer, upon request, for official use only, a true statement of the actual quantities of milk and milk products of each grade purchased and sold, and a list of all sources of such milk and milk products, records of inspections, tests, and pasteurization time and temperature records.
(Ord. 55834 2 (5), 1971: 1960 C. 464.010.)

McQuillin:

24.424 Inspection of premises, equipment, milk

11.46.390 Examination.

During any consecutive six months, at least four samples of raw milk for pasteurization shall be taken from each producer and four samples of raw milk for pasteurization shall be taken from each milk plant after receipt of the milk by the milk plant and prior to pasteurization. In addition, during any consecutive six months, at least four samples of pasteurized milk and at least four samples of each milk product shall be taken from every milk plant. Samples of milk and milk products shall be taken while in possession of the producer or distributor at any time prior to final delivery. Samples of milk and milk products from dairy retail stores, food service establishments, grocery stores, and other places where milk and milk products are sold shall be examined periodically as determined by the health officer; and the results of such examination shall be used to determine compliance with Section 11.46.350, Section 11.46.370, and Section 11.46.450. Proprietors of such establishments shall furnish the health officer, upon his request, with the names of all distributors from whom milk or milk products are obtained.

Required bacterial counts and cooling temperature checks shall be performed on raw milk for pasteurization. In addition, antibiotic tests on each producer's milk or on commingled raw milk shall be conducted at least four times during any consecutive six months. When commingled milk is tested, all producers shall be represented in the sample. All individual sources of milk shall be tested when test results on the commingled milk are positive. Required bacterial counts, coliform determination, phosphatase and cooling temperature checks shall be performed on pasteurized milk and milk products.

Whenever two of the last four consecutive bacteria counts, coliform determinations, or cooling temperatures, taken on separate days, exceed the limit of the standard for the milk and/or milk product, the health officer shall send a written notice thereof to the person concerned. This notice shall be in effect so long as two of the last four consecutive samples exceed the limit of the standard. An additional sample shall be taken within fourteen days of the sending of such notice, but not before the lapse of three days. Immediate suspension of permit in accordance with Section 11.46.360 and/or court action shall be instituted whenever the standard is violated by three of the last five bacteria counts, coliform determinations, or cooling temperatures.

Whenever a phosphatase test is positive, the cause shall be determined. Where the cause is improper pasteurization, it shall be corrected and any milk or milk product involved shall not be offered for sale.

Samples shall be analyzed at an official or appropriate officially designated laboratory. All sampling procedures and required laboratory examinations shall be in substantial compliance with the latest Edition of Standard Methods for the Examination of Dairy Products of the American Public Health Association, and the latest Edition of Official Methods of Analyses of the Association of Official Agricultural Chemists. Such procedures and examinations shall be evaluated in accordance with the methods of evaluating milk laboratories recommended by the U.S. Public Health Service. Examinations and tests shall be conducted to detect adulterants, including pesticides, as the health officer shall require. Assays of vitamin D milk or milk products and/or fortified milk and milk products shall be made at least annually in a laboratory acceptable to the health officer.
(Ord. 55834 2 (6), 1971: 1960 C. 464.020.)

McQuillin:

24.424 Inspection of premises, equipment, milk

11.46.400 Standards.

All Grade A raw milk for pasteurization and all Grade A pasteurized milk and milk products shall be produced, processed, and pasteurized to conform with the following chemical, bacteriological, and temperature standards, and the sanitation requirements of this section.

Grade A raw milk for pasteurization shall be cooled to fifty degrees Fahrenheit or less and maintained thereat until processed; shall not exceed one hundred thousand bacteria per milliliter as individual producer milk and shall not exceed three hundred thousand bacteria per milliliter as commingled milk prior to pasteurization; and it shall produce no detectable zone of bacterial inhibition when tested by the Bacillus subtilis method or equivalent.

Grade A pasteurized milk and milk products shall be cooled to forty-five degrees Fahrenheit or less and maintained thereat except that they may exceed forty-five degrees Fahrenheit as provided herein; except for cultured milk and milk products, shall not exceed twenty thousand bacteria per milliliter; shall not exceed ten coliform per milliliter; and shall contain less than one microgram of phosphatase per milliliter by the Scharer-Rapid method or equivalent.

No process of manipulation other than pasteurization, processing methods integral therewith, and appropriate refrigeration shall be applied to milk and milk products for the purpose of removing or deactivating microorganisms.
(Ord. 55834 2 (7 part), 1971: 1960 C. 464.030.)

11.46.410 Sanitation--For grade A raw milk for pasteurization.

Item 1r. Abnormal milk.

Cows which show evidence of the secretion of abnormal milk in one or more quarters based upon bacteriological, chemical, or physical examination, shall be milked last or with separate equipment, and the milk shall be discarded. Cows treated with, or cows which have consumed chemical, medicinal, or radioactive agents which are capable of being secreted in the milk and which, in the judgment of the health officer, may be deleterious to human health, shall be milked last or with separate equipment, and the milk disposed of as the health officer may direct.

Item 2r. Milking barn stable, or parlor construction.

A milking barn, stable, or parlor shall be provided on all dairy farms in which the milking herd shall be housed during milking time operations. The areas used for milking purposes shall:

1. Have floors constructed of concrete or equally impervious material;

2. Have walls and ceilings which are smooth, painted, or finished in an approved manner, in good repair, ceiling dust tight;

3. Have separate stalls or pens for horses, calves, and bulls;

4. Be provided with natural and/or artificial light, well distributed for day and/or night milking;

5. Provide sufficient airspace and air circulation to prevent condensation and excessive odors;

6. Not be overcrowded;

7. Have dust tight covered boxes or bins, or separate storage facilities for ground, chopped or concentrated feed.

Item 3r. Milking barn, stable, or parlor cleanliness.

The interior shall be kept clean. Floors, walls, windows, pipelines, and equipment shall be free of filth and/or litter and shall be clean. Swine and fowl shall be kept out of the milking barn.

Item 4r. Cowyard.

The cowyard shall be graded and drained and shall have no standing pools of water or accumulations of organic wastes; provided, that in loafing or cattle-housing areas, cow droppings and soiled bedding shall be removed, or clean bedding added, at sufficiently frequent intervals to prevent the soiling of the cow's udder and flanks. Waste feed shall not be allowed to accumulate. Manure packs shall be properly drained and shall provide a reasonably firm footing. Swine shall be kept out of the cowyard.

Item 5r. Milkhouse or room construction and facilities.

A milkhouse or room of sufficient size shall be provided, in which the cooling, handling and storing of milk and the washing, sanitizing, and storing of milk containers and utensils shall be conducted.

The milkhouse shall be provided with a smooth floor constructed of concrete or equally impervious material graded to drain and maintained in good repair. Liquid waste shall be disposed of in a sanitary manner; all floor drains shall be accessible and shall be trapped if connected to a sanitary sewer system.

The walls and ceilings shall be constructed of smooth material, in good repair, well painted, or finished in an equally suitable manner.

The milkhouse shall have adequate natural and/or artificial light and be well ventilated.

The milkhouse shall be used for no other purpose than milkhouse operations; there shall be no direct opening into any barn, stable, or into a room used for domestic purposes; provided, that a direct opening between the milkhouse and milking barn, stable, or parlor is permitted when a tight fitting self-closing door(s) hinged to be single or double acting is provided.

Water under pressure shall be piped into the milkhouse.

The milkhouse shall be equipped with a two-compartment wash vat and adequate hot water heating facilities.

When a transportation tank is used for the cooling and storage of milk on the dairy farm, such tank shall be provided with a suitable shelter for the receipt of milk. Such shelter shall be adjacent to, but not part of, the milkroom and shall comply with the requirement of the milkroom with respect to construction, light, drainage, insect and rodent control, and general maintenance.

Item 6r. Milkhouse or room cleanliness.

The floors, walls, ceilings, windows, tables, shelves, cabinets, wash vats, nonproduct contact surfaces of milk containers, utensils, and equipment, and other milkroom equipment shall be clean. Only articles directly related to milkroom activities shall be permitted in the milkroom. The milkroom shall be free of trash, animals, and fowl.

Item 7r. Toilet.

Every dairy farm shall be provided with one or more toilets, conveniently located and properly constructed, operated, and maintained in a sanitary manner. The waste shall be inaccessible to flies and shall not pollute the soil surface or contaminate any water supply.

Item 8r. Water supply.

Water for milkhouse and milking operations shall be from a supply properly located, protected, and operated, and shall be easily accessible, adequate and of a safe, sanitary quality.

Item 9r. Utensils and equipment construction.

All multiuse containers, equipment, and utensils used in the handling, storage, or transportation of milk shall be made of smooth, nonabsorbent, corrosion resistant, nontoxic materials, and shall be so constructed as to be easily cleaned. All containers, utensils, and equipment shall be in good repair. All milk pails used for hand milking and stripping shall be seamless and of the hooded type. Multiple use woven material shall not be used for straining milk. All single service articles shall have been manufactured, packaged, transported, stored, and handled in a sanitary manner and shall comply with the applicable requirements of item 11p of this section. Articles intended for single service use shall not be reused.

Farm milk cooling and holding tanks, welded sanitary piping, and transportation tanks shall comply with the applicable requirements of items 10p and 11p of this section.

Item 10r. Utensils and equipment--Cleaning.

The product contact surfaces of all multiuse containers, equipment, and utensils used in handling, storage, or transportation of milk shall be cleaned after each usage.

Item 11r. Utensils and equipment--Sanitization.

The product contact surfaces of all multiuse containers, equipment, and utensils used in the handling, storage, or transportation of milk shall be sanitized before each usage.

Item 12r. Utensils and equipment--Storage.

All containers, utensils, and equipment used in the handling, storage, or transportation of milk, unless stored in sanitizing solutions, shall be stored to assure complete drainage, and shall be protected from contamination prior to use.

Item 13r. Utensils and equipment--Handling.

After sanitization, all containers, utensils, and equipment shall be handled in such manner as to prevent contamination of any product contact surface.

Item 14r. Milking--Flanks, udders, and teats.

Milking shall be done in the milking barn, stable, or parlor. The flanks, udders, bellies, and tails of all milking cows shall be free from visible dirt. All brushing shall be completed prior to milking. The udders and teats of all milking cows shall be cleaned and treated with a sanitizing solution just prior to the time of milking, and shall be relatively dry before milking. Wet hand milking is prohibited.

Item 15r. Milking--Surcingles, milk stools, and antikickers.

Surcingles, milk stools, and antikickers shall be kept clean and stored above the floor.

Item 16r. Milking--Transfer and protection of milk.

Each pail or container of milk shall be transferred immediately from the milking barn, stable, or parlor to the milkhouse. No milk shall be strained, poured, transferred, or stored unless it is properly protected from contamination.

Item 17r. Personnel--Hand washing facilities.

There shall be provided adequate hand washing facilities, including lavatory, running hot and cold water, soap or detergent, and individual sanitary towels, in the milkhouse and in or convenient to the milking barn, stable, or parlor.

Item 18r. Personnel cleanliness.

Hands shall be washed clean and dried with an individual sanitary towel immediately before milking, before performing any milkhouse function, and immediately after the interruption of any of these activities. Milkers and milk haulers shall wear clean outer garments while milking or handling milk, milk containers, utensils, or equipment.

Item 19r. Cooling.

Raw milk for pasteurization shall be cooled to fifty degrees Fahrenheit or less within two hours after milking and shall be maintained at that temperature until delivered.

Item 20r. Vehicles.

Vehicles used to transport milk in cans from the dairy farm to the milk plant or receiving station shall be constructed and operated to protect their contents from sun, freezing, and contamination. Such vehicles shall be kept clean, inside and out; and no substance capable of contaminating milk shall be transported with milk.

Item 21r. Insect and rodent control.

Effective measures shall be taken to prevent the contamination of milk, containers, equipment, and utensils by insects and rodents, and by chemicals used to control such vermin. Milkrooms shall be free of insects and rodents. Surroundings shall be kept neat, clean, and free of conditions which might harbor or be conducive to the breeding of insects and rodents.
(Ord. 55834 2 (7 part), 1971: 1960 C. 464.031.)

11.46.420 Sanitation--For grade A pasteurized milk and milk products.

A receiving station shall comply with items 1p to 15p, inclusive, and 17p, 20p, and 22p, all as set forth in this section, except that the partitioning requirement of item 5p shall not apply.

A transfer station shall comply with items 1p, 4p, 6p, 7p, 8p, 9p, 10p, 11p, 12p, 14p, 15p, 20p, and 22p; and as climatic and operating conditions require, the applicable provisions of items 2p, and 3p, all as set forth in this section. In every case, overhead protection shall be provided. Facilities for the cleaning and sanitizing of bulk transport tanks shall comply with items 1p, 4p, 6p, 7p, 8p, 9p, 10p, 11p, 12p, 14p, 15p, 20p, and 22p; and as climatic and operating conditions require, the applicable provisions of items 2p and 3p; provided, that in every case, overhead protection shall be provided.

Item 1p. Floors--Construction.

The floors of all rooms in which milk or milk products are processed, handled, or stored, or in which milk containers, equipment, and utensils are washed, shall be constructed of concrete or other equally impervious and easily cleaned material; and shall be smooth, properly sloped, provided with trapped drains, kept in good repair; provided, that cold storage rooms used for storing milk and milk products need not be provided with floor drains when the floors are sloped to drain to one or more exits; provided further, that storage rooms and storing dry ingredients and/or packaging materials need not be provided with drains; and the floors may be constructed of tightly joined wood.

Item 2p. Walls and ceilings--Construction.

Walls and ceilings of rooms in which milk or milk products are handled, processed or stored, or in which milk containers, utensils and equipment are washed, shall have a smooth, washable, light colored surface, in good repair.

Item 3p. Doors and windows.

Effective means shall be provided to prevent the access of flies and rodents. All openings to the outside shall have solid doors or glazed windows which shall be closed during dusty weather.

Item 4p. Lighting and ventilation.

All rooms in which milk and milk products are handled, processed, or stored and/or in which milk containers, equipment, and utensils are washed shall be well lighted and well ventilated.

Item 5p. Separate rooms.

There shall be separate rooms for:

1. Pasteurizing, processing, cooling, and packaging;

2. Cleaning of milk cans and bottles. In addition, plants receiving milk in bulk transport tanks shall provide for cleaning and sanitizing facilities.

Unless all milk and milk products are received in bulk transport tanks, a receiving room separate from rooms 1. and 2. above, shall be required. Rooms in which milk or milk products are handled, processed, or stored, or in which milk containers, utensils, and equipment are washed or stored, shall not open directly into any stable or any room used for domestic purposes.

Item 6p. Toilet-sewage disposal facilities.

Every milk plant shall be provided with toilet facilities conforming with the ordinances of the city of St. Louis. Toilet rooms shall not open directly into any room in which milk and/or milk products are processed. Toilet rooms shall be completely enclosed and shall have tight fitting self closing doors. Dressing rooms, toilet rooms, and fixtures shall be kept in a clean condition, in good repair, and shall be well ventilated and well lighted. Sewage and other liquid wastes shall be disposed of in a sanitary manner.

Item 7p. Water supply.

Water for milk plant purposes shall be from a supply properly located, protected, and operated, and shall be easily accessible, adequate and of a safe, sanitary quality.

Item 8p. Hand washing facilities.

Convenient hand washing facilities shall be provided, including hot and cold and/or warm running water, soap, and individual sanitary towels or other approved hand-drying devices. Hand washing facilities shall be kept in a clean condition and in good repair.

Item 9p. Milk plant cleanliness.

All rooms in which milk and milk products are handled, processed, or stored, and/or in which containers, utensils, or equipment are washed or stored, shall be kept clean, neat, and free of evidence of insects and rodents. Pesticides shall be safely used. Only equipment directly related to processing operations or to the handling of containers, utensils, and equipment, shall be permitted in the pasteurizing, processing, cooling, packaging, and bulk milk storage rooms.

Item 10p. Sanitary piping.

All sanitary piping, fittings, and connections which are exposed to milk and milk products, or from which liquids may drip, drain, or be drawn into milk or milk products, shall consist of smooth, impervious, corrosion resistant, non-toxic, easily cleanable material. All piping shall be in good repair. Pasteurized milk and milk products shall be conducted from one piece of equipment to another only through sanitary piping; provided, that cottage cheese, cheese dressings, or cheese ingredients may be transported by other methods which protect the product from contamination.

Item 11p. Construction and repair of containers and equipment.

All multiuse containers and equipment with which milk or milk products come into contact will be of smooth, impervious, corrosion-resistant, nontoxic material; shall be constructed for ease of cleaning; and shall be kept in good repair. All single service containers, closures, gaskets, and other articles with which milk or milk products come in contact shall be nontoxic, and shall have been manufactured, packaged, transported, and handled in a sanitary manner. Articles intended for single service use shall not be reused.

Item 12p. Cleaning and sanitizing containers and equipment.

The product contact surfaces of all multiuse containers, utensils, and equipment used in the transportation, processing, handling, and storage of milk and milk products shall be effectively cleaned and shall be sanitized before each use.

Item 13p. Storage of cleaned containers and equipment.

After cleaning, all multiuse milk or milk product containers, utensils, and equipment shall be transported and stored to assure complete drainage, and shall be protected from contamination before use.

Item 14p. Storage of single service containers, utensils, and materials.

Single service caps, cap stock, parchment paper, containers, gaskets, and other single service articles for use in contact with milk and milk products shall be purchased and stored in sanitary tubes, wrappings, or cartons; shall be kept therein in a clean, dry place until used; and shall be handled in a sanitary manner.

Item 15p. Protection from contamination.

Milk plant operations, equipment, and facilities shall be located and conducted to prevent any contamination of milk and milk products, ingredients, equipment, containers, and utensils. All milk or milk products or ingredients which have been spilled, overflowed, or leaked shall be discarded. The processing or handling of products other than milk and milk products in the pasteurization plant shall be performed to preclude the contamination of such milk and milk products.

Item 16p. Pasteurization.

Pasteurization shall be performed as defined in Section 11.46.280.

Item 17p. Cooling milk.

All raw milk and milk products shall be maintained at fifty degrees Fahrenheit or less until processed. All pasteurized milk and milk products shall be cooled immediately after pasteurization in approved equipment to a temperature of forty-five degrees Fahrenheit or less and maintained thereat until filling or packaging, except that in the case of those to be cultured the temperature may exceed forty-five degrees Fahrenheit during the culturing process. All pasteurized milk and milk products shall be stored at a temperature of forty-five degrees Fahrenheit or less. The temperature of milk and milk products shall not exceed fifty degrees Fahrenheit on vehicles during delivery. Every room or tank in which milk or milk products are stored shall be equipped with an accurate thermometer.

Item 18p. Bottling and packaging.

Bottling and packaging of milk and milk products shall be done at the place of pasteurization in approved mechanical equipment; provided, that cottage cheese and creamed cottage cheese may be transported in sealed containers in a protected, sanitary manner from one plant to another for creaming and/or packaging.

Item 19p. Capping.

Capping or closing of milk and milk product containers shall be done in a sanitary manner by approved mechanical capping and/or closing equipment. The cap or closure shall protect the pouring lip to at least its largest diameter.

Item 20p. Personnel cleanliness.

Hands shall be thoroughly washed before commencing plant functions and as often as may be required to remove soil and contamination. No employee shall resume work after visiting the toilet room without thoroughly washing his hands. All persons engaged in the processing, pasteurization, handling, storage, or transportation of milk, milk products, containers, equipment, and utensils shall wear clean outer garments. The use of tobacco by any person engaged in the processing of milk or milk products is prohibited.

Item 21p. Vehicles.

All vehicles used for transportation or storage of pasteurized milk and milk products shall be constructed and operated so that the milk and milk products are maintained at the temperatures required by this chapter, and are protected from sun, from freezing and from contamination.

Item 22p. Surroundings.

Milk plant surroundings shall be kept neat, clean and free from conditions which might attract or harbor flies, other insects, and rodents, or which otherwise constitute a nuisance.
(Ord. 55834 2 (7 part), 1971: 1960 C. 460.032.)

11.46.430 Animal health.

All milk for pasteurization shall be from herds which are located in a Modified Accredited Tuberculosis Area as determined by the U.S. Department of Agriculture; provided, that herds located in an area that fails to maintain such accredited status shall have been accredited by said Department as tuberculosis free, or shall have passed an annual tuberculosis test.

All milk for pasteurization shall be from herds under a brucellosis eradication program which meets one of the following conditions:

1. Located in a Certified Brucellosis-Free Area as defined by the U.S. Department of Agriculture and enrolled in the testing program for such areas; or

2. Located in a modified certified Brucellosis Area as defined by the U.S. Department of Agriculture and enrolled in the testing program for such areas; or

3. Meet U.S. Department of Agriculture requirements for an individually certified herd; or

4. Participating in a milk ring testing program which is conducted on a continuing basis at intervals of not less than every three months or more than every three months with individual blood tests on all animals in herds showing suspicious reactions to the milk ring test; or

5. Have an individual blood agglutination test annually with an allowable maximum grace period not exceeding two months.

For all diseases the health officer shall require such physical, chemical, or bacteriological tests as he deems necessary. The diagnosis of other diseases in dairy cattle shall be based upon the findings of a licensed veterinarian or a veterinarian in the employ of an official agency. Any diseased animal disclosed by such test(s) shall be disposed of as the health officer directs.
(Ord. 55834 2 (8), 1971: 1960 C. 464.040.)

McQuillin:

24.425 Inspection and tests of cattle

11.46.440 Milk and milk products which may be sold.

Only grade A pasteurized milk and milk products shall be sold to the final consumer, or to restaurants, soda fountains, grocery stores, or similar establishments; provided, that in an emergency, the sale of pasteurized milk and milk products which have not been graded, or the grade of which is unknown, may be authorized by the health officer; in which case such milk products shall be labeled "ungraded."
(Ord. 55834 2 (9), 1971: 1960 C. 465.010.)

11.46.450 Transferring--Storing--Vehicles.

Except as permitted in this section, no milk producer or distributor shall transfer milk or milk products from one container or tank truck to another on the street, in any vehicle, store, or in any place except a milk plant, receiving station, transfer station, or milkhouse especially used for that purpose. The dipping or ladling of milk or fluid milk products is prohibited.

It is unlawful to sell or serve any milk or fluid milk product except in the individual, original container received from the distributor, or from an approved bulk dispenser; provided, that this requirement shall not apply to milk for mixed drinks requiring less than one-half pint of milk or to cream, whipped cream, or half and half which is consumed on the premises and which may be served from the original container of not more than one-half gallon capacity, or from a bulk dispenser approved for such service by the health officer.

It is unlawful for any hotel, soda fountain, restaurant, grocery store, hospital, or similar establishment to sell or serve any pasteurized milk or milk product which has not been continually stored or displayed while in its possession at a temperature of forty-five degrees Fahrenheit or less. If containers of pasteurized milk or milk products are stored in ice, the storage container shall be properly drained.

No ungraded milk or ungraded milk products shall be processed, handled, or stored in a room with graded milk or milk products except upon written permission of the health officer.

All vehicles used for the transportation or distribution of milk or milk products shall be reasonably adapted to modem sanitary requirements, must display the assigned permit number and be subject to the approval of the health officer. Every bulk tank truck operator shall obtain written approval from the health officer and shall use methods and procedures as the health officer may prescribe to collect samples, and to collect and transport the milk.
(Ord. 55834 2 (10), 1971: 1960 C. 465.020.)

11.46.460 Milk and milk products from points beyond the limits of routine inspection.

Milk and milk products from points beyond the limits of routine inspection of the city of St. Louis or its police jurisdiction may be sold in the city of St. Louis or its police jurisdiction, provided they are produced and pasteurized under regulations which are substantially equivalent to this chapter and have been awarded an acceptable milk sanitation compliance and enforcement rating made by a state milk sanitation rating officer certified by the U.S. Public Health Service and are approved by the health officer.
(Ord. 55834 2 (11), 1971: 1960 C. 465.030.)

11.46.470 Future dairy farms and milk plants.

Properly prepared plans for all milkhouses, milking barns, stables, parlors, transfer stations, receiving stations, and milk plants regulated under this Ordinance which are hereafter constructed, reconstructed, or extensively altered, shall be submitted to the health officer for written approval before work is begun.
(Ord. 55834 2 (12), 1971: 1960 C. 465.040.)

11.46.480 Personnel heath.

No person affected with any disease in a communicable form, or while a carrier of such disease, shall work at any dairy farm or milk plant in any capacity which brings him into contact with the production, handling, storage, or transportation of milk, milk products, containers, equipment, and utensils; and no dairy farm or milk plant operator shall employ in any such capacity any such person or any person suspected of having any disease in a communicable form, or of being a carrier of such disease. Any producer or distributor of milk or milk products, upon whose dairy farm, or in whose milk plant any communicable disease occurs, or who suspects that any employee has contracted any disease in a communicable form, or has become a carrier of such disease, shall notify the health officer immediately.
(Ord. 55834 2 (13), 1971: 1960 C. 465.050.)

11.46.490 Procedure when infection is suspected.

When reasonable cause exists to suspect the possibility of transmission of infection from any person concerned with the handling of milk and/or milk products, the health officer is authorized to require any or all of the following measures:

1. The immediate exclusion of that person from handling milk;

2. The immediate exclusion of the milk supply concerned from distribution and use; and

3. Adequate medical and bacteriological examination of the person, of his associates and of his and their body discharges.
(Ord. 55834 2 (14), 1971: 1960 C. 465.060.)

11.46.500 Enforcement.

This chapter shall be enforced by the health officer in accordance with the latest Grade A Pasteurized Milk Ordinance with Administrative Procedures as recommended by the United States Public Health Service, a certified copy of which shall be on file at the city registrar. Where the mandatory compliance with provisions of the appendixes is specified, such provisions shall be deemed a requirement of this chapter.

The health officer shall have the right to enter and have full access to all places, buildings, and conveyances wherein milk or milk products are produced, handled, processed, stored, transported, or kept for sale for the purpose of making inspections and for taking samples of milk and milk products therefrom.

The health officer is hereby empowered to withhold from delivery or sale, at such place and under such conditions as he may direct, any milk or milk products that he has probable cause to believe are adulterated, misbranded, tainted, diseased, or unwholesome, and he may immediately cause samples of the milk products to be tested or analyzed by approved and standard methods. If the health officer determines that such milk or milk products are adulterated, misbranded, tainted, diseased or unwholesome, such milk or milk products shall be condemned by the health officer, and shall be destroyed or otherwise disposed of as he may direct. If the health officer determines that such milk or milk products are not adulterated, misbranded, tainted, diseased, or unwholesome, then he shall immediately withdraw his order withholding the same from delivery or sale.
(Ord. 55834 2 (15), 1971: 1960 C. 465.070.)

11.46.510 Collection and delivery from farms to milk plants or transfer stations.

All milk stored in cans on the dairy farm shall be collected and delivered to a milk plant at least once daily and all milk stored in farm milk cooling and holding tanks on the dairy farm shall be collected and delivered to a milk plant or transfer station at least once every other day. Permit holders violating the requirements of this section, except during an emergency recognized by the health commissioner, shall be subject to suspension of permit until evidence shows that compliance with this section will be secured.
(Ord. 55834 2 (16), 1971: 1960 C. 465.080.)

11.46.520 Interference with health officer.

Any person who interferes with the health officer or police officers in any manner in their performance of any duty enjoined by this chapter, or who conceals any milk or milk product so as to prevent inspection or sampling, or who runs or drives away to prevent inspection or sampling of any milk or milk product shall be deemed guilty of a misdemeanor, and upon conviction shall be fined as provided in Section 11.46.540.
(Ord. 55834 2 (17), 1971: 1960 C. 465.090.)

11.46.530 Inspection fees.

A. An inspection fee not to exceed eight cents on each one hundred pounds of milk or milk products (except half and half and cream products), nor two cents on each pound of butterfat in half and half and cream products, shall be paid to the city of St. Louis on or before the twentieth day of each month for the preceding calendar month. This inspection fee shall be paid as follows:

1. By all milk distributors inspected by the health officer on all grade A raw milk and lowfat milk, skim milk, or cream therefrom, received; and on all ungraded raw milk and lowfat milk, skim milk, or cream therefrom which is processed into pasteurized milk or milk products;

2. By all milk producers inspected by the health officer on all grade A raw milk produced which is not received by a milk distributor inspected by the health officer, except that the milk distributor inspected by the health officer who normally receives the milk shall pay the inspection fee if he chooses to divert such milk without receiving it to a milk distributor not inspected by the health officer;

3. By all milk distributors beyond the limits of routine inspection whose milk and milk products are distributed in the city of St. Louis as provided in Section 11.46.460 on all pasteurized milk or milk products as defined in this chapter sold in the city of St. Louis to persons other than a milk distributor;

4. By all milk distributors holding a board of public service milk permit on all pasteurized milk or milk products brought into the city of St. Louis from a milk distributor beyond the limits of routine inspection whose milk and milk products are distributed in the city of St. Louis as provided in Section 11.46.460:

a. Provided, that inspection by the health officer for determinations under Section 11.46.460 shall not be used as a basis for collection of this inspection fee, and

b. Provided, that no milk distributor shall have to pay an inspection fee on any milk or milk product on which a similar inspection fee or tax has been paid to another inspecting agency within whose jurisdiction milk and milk products under the inspection of the health officer of the city of St. Louis are being distributed without application of that agency's similar fee or tax, although the monthly statement prescribed in this section shall still be required, and

c. Provided, that in the case of a producer-distributor all milk produced by him as a producer shall be considered as received by him as a milk distributor, and

d. Provided, that no milk distributor or milk producer shall have to pay an inspection fee which has been paid to the city by another distributor or milk producer, and

e. Provided further, that each milk distributor, milk producer, or producer-distributor shall only be liable for payment of inspection fees on milk or milk products as provided for in this section and shall not be liable for the failure of other milk distributors, milk producers, or producer-distributors to make such payment.

B. Every milk distributor, milk producer-distributor subject to payment of an inspection fee shall on or before the twentieth day of each month, file with the health officer on a form provided by him a statement of the number of pounds of milk or milk product, and of butterfat in half and half and cream products for which he is subject to inspection fee during the preceding calendar month and the classified usage of all milk and milk products utilized. The health officer is hereby authorized to investigate the correctness, accuracy and completeness of the reports required and for that purpose shall have access at all reasonable times to all books and documents bearing on the amount of milk or milk products received, produced, or sold; provided, that such information shall not be disclosed, divulged or made public except, that:

1. Such information may be furnished to other administrative officials in a regular course of their official duties;

2. Such information may be combined and published in the form of general statistical studies or data in which the identity of the person furnishing such information or from whom it was obtained shall not be disclosed;

3. Such information may be offered in evidence by the health officer in any administrative hearing held pursuant to this chapter or in civil actions at law for the collection of such inspection fees, but the information obtained under this section shall never be used to support a prosecution under Section 11.46.400.

C. All fees collected under the provisions of this chapter shall be deposited with the treasurer of the city of St. Louis and shall be drawn upon by the comptroller pursuant to appropriations duly made for the salaries and necessary expenses of duly authorized personnel of the milk control section, and the cost of such supplies and equipment and such other expenses as may be required for the operation of the milk control section.

D. In order to determine the rates at which the inspection fees shall be paid the health officer is authorized to gather data pertaining to the anticipated receipts and sales of milk and milk products and butterfat, and make a determination in relation to the necessary cost of enforcing the provisions of this chapter and shall fix the rates of inspection fee for the quarterly periods within the limits hereinbefore set forth so as to assure a sum sufficient to defray the cost over such period, and shall report his findings to the board of estimate and apportionment, and upon approval by such board, the fee so fixed shall be paid for the ensuing three months, as herein provided. If changes in inspection fees are not established on or before the second Monday of a quarterly period, then the fees last previously established shall be the fees for the current period.

E. All unspent inspection fees collected and deposited with the treasurer of the city of St. Louis under the authority granted by Chapters 460 through 467 inclusive, Revised Code of St. Louis, 1960, as amended by Ordinance 50428 shall be drawn upon by the comptroller as provided in this section.
(Ord. 55834 2 (18), 1971: 1960 C. 466.010.)

11.46.540 Penalty for violation.

Any person who shall violate, or fail to comply with, or who shall wilfully connive at or assist in the violation or failure to comply with any provisions of this chapter shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined not less than one dollar nor more than five hundred dollars. Each day any violation of any provision of this chapter shall continue shall constitute a separate offense.
(Ord. 55834 2 (19), 1971: 1960 C. 467.010.)

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