SEC. 3. That sections 56-A and 56-B of article 14 of the Baltimore City Code of 1906, title "Health," subtitle "Food, food products, and milk," as the same was ordained by ordinance 103, approved May 6, 1908, be and the same are hereby repealed and reordained so as to read as follows:

56-A. All consumers who receive milk or cream from vendors in cans, bottles, vessels, or other containers, which are to be returned to said vendors, shall immediately after emptying the same and before their return as aforesaid cause such cans, bottles, vessels, or other containers to be washed and thoroughly cleansed. All dealers in milk or cream receiving such milk or cream in cans, vessels, or other containers which are to be returned to the person shipping or delivering the same to such dealers shall immediately after emptying the same and before their return as aforesaid cause such cans, bottles, vessels, or other containers to be cleansed and sterilized with boiling water or otherwise subjected to a moist heat at a temperature of 200° F., or sterilized by other method approved by the commissioner of health, and all dealers in milk or cream retailing the same in cans, bottles, vessels, containers, or receptacles of any kind shall thoroughly cleanse and sterilize in the manner above set forth all such cans, bottles, vessels, receptacles, and containers before such milk or cream is placed therein for delivery to customers. Any violation of or failure to comply with any of the provisions of this section shall be punishable by a fine of not less than $5 nor more than $50.

56-B. No person shall transfer milk or cream from one receptacle, can, bottle, or vessel of any kind to another vessel of the same or other kind on wharves, railroad depots, on streets or in wagons, except for the purpose of salvage of milk, when the milk can is damaged. Any violation of or failure to comply with any of the provisions of this section shall be punishable by a fine of not less than $5 nor more than $100.

SEC. 4. That section 59 of article 14 of the Baltimore City Code of 1906, title "Health," subtitle "Food, food products, and milk," as the same was ordained by ordinance 103, approved May 6, 1908, be, and the same is hereby, repealed and reordained so as to read as follows:

59. Only pure, unadulterated, unsophisticated, and wholesome milk shall be sold or offered for sale in Baltimore City, and such articles shall be understood to be the natural product of healthy cows, which has not been deprived of any part of its cream, and to which no additional liquid or solid or preservative has been added, and which at a temperature of 60° F. shall have a specific gravity of not less than 1.029 and contain not less than 12 per cent of total solids, of which not less than 3 per cent shall be milk fats, and of which not less than 8 per cent shall be solids other than milk fats. No milk sold, received, kept, offered for sale, or delivered in the city of Baltimore shall in an particular be under the standard herein described without being considered impure, adulterated, sophisticated, or unwholesome. Nothing in this section of this article shall be construed to prevent the sale of skim milk, buttermilk, sour milk, milk prepared by fermentation or other processes, milk powder, condensed milk, or of modified milk prepared under the prescription of a physician, provided they be sold and plainly marked or labeled as such; and nothing in this section shall be construed to prevent the commissioner of health from permitting what is known as the standardization or adjustment of milk under such regulations as the commissioner of health may determine.

Only pure, unadulterated, unsophisticated, and wholesome cream shall be sold or offered for sale in Baltimore City, and such article shall be understood to be the product of healthy cows which is free from all constituents foreign to normal milk, and which contains not less than 18 per cent of milk fat.

Nothing in this section shall be construed to prevent the sale of cream containing less than 18 per cent milk fat, provided the percentage of total solids and of milk fat of such cream does not fall below the requirements of milk as above defined, and provided the container of such cream be plainly labeled with the percentage of milk fat of such cream.

Any violation or failure to comply with any of the provisions of this section shall be punishable by a fine of not less than $20 nor more than $100.

SEC. 5. That 11 new sections be, and they are hereby, added to article 14 of the Baltimore City Code of 1906, title "Health," subtitle "Food, food products, and milk," as amended by ordinance 103, of May 6, 1908, said new sections to follow section 59 and to be designated 59-A, 59-B, 59-C, 59-D, 59-E, 59-F, 59-G, 59-H, 59-I, 59-J, and 59-K and to read as follows:

59-A. Milk and cream produced and handled in conformity with the requirements of this section and such additional regulations as may be prescribed by the commissioner of health shall be known as standard milk pasteurized" and "standard cream pasteurized," respectively.

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The commissioner of health is authorized to prohibit the sale or use in Baltimore city of any ice cream or butter or other milk product which is made from milk or cream which is below the requirements for standard milk pasteurized or standard cream pasteurized, or any ice cream, butter, or other milk product which for any other reason is unfit for human food, and no person shall sell, offer for sale, sell, or deliver for consumption in the city of Baltimore any ice cream or butter or other milk product the sale or use of which shall have been so prohibited by the commissioner of health.

All milk, skimmed milk, or cream held, kept, offered for sale, sold, or delivered for consumption in the city of Baltimore or used for the manufacture of ice cream or butter, buttermilk, or other fermented milks, whey, or curd, in the city of Baltimore, shall be produced, pasteurized, and handled in the manner set forth in the following rules and definitions, and in conformity with such additional regulations as may be prescribed by the commissioner of health, except as otherwise provided in sections 59-B, 59-D, 59-E, and 59-F of this article:

RULE 1. Standard milk pasteurized and standard cream pasteurized shall be produced on dairy farms having dairy farm permits issued pursuant to the provisions of section 59-H of this article.

RULE 2. Standard milk pasteurized shall not contain more than 100,000 bacteria per cubic centimeter after pasteurization and prior to delivery.

RULE 3. Standard milk pasteurized shall not contain more than 1,500,000 bacteria per cubic centimeter before pasteurization.

RULE 4. Pasteurized milk shall be milk which has been uniformly heated to a temperature between 142° F. and 150° F. and maintained at that temperature for not less than 30 minutes, and cooled immediately to a temperature of 45° F. or less: Provided, however, That nothing in this ordinance shall be construed to prevent the commissioner of health from permitting the heating of milk to temperatures higher than 150° F., if, in the opinion of said commissioner of health, such higher temperatures are desirable.

Pasteurized milk or skimmed milk which is used for the manufacture of any milk products or pasteurized cream shall be milk or cream which has been uniformly heated to a temperature of 142° F., or higher, and maintained at that temperature for not less than 30 minutes. But the period of holding may be reduced one minute for each additional degree of uniform temperature of heating of such milk or skimmed milk to be used for the manufacture of milk products or cream, with a minimum period of holding of five minutes. Such

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milk or cream shall be cooled immediately after pasteurization to a temperature of 45° F. or less, unless the same is to be used for buttermilk or other ripened milk products.

RULE 5. Milk or cream, while in the plant where it was pasteurized or where it is held, kept, or stored, shall be maintained at a temperature below 50° F. and pasteurized milk or cream shall be maintained at all times, prior to de livery, at a temperature below 60° F., unless otherwise permitted by the commissioner of health.

RULE 6. Pasteurized milk shall not be repasteurized and sold as milk, except by authorization of and under regulations prescribed by the commissioner of health.

RULE 7. Pasteurized milk shall not be sold, delivered, or offered for sale after 36 hours from the day of pasteurization.

RULE 8. No pasteurizing apparatus or appliances shall be used for the pas teurization of milk or cream for sale or for use in the manufacture of milk products in the city of Baltimore until and unless such apparatus and appliances are approved by the commissioner of health or his subordinates.

RULE 9. No building or any part of any building intended for the pasteuriz ing, bottling, storage or handling of milk or cream shall be erected, altered, or enlarged in the city of Baltimore without a permit from the commissioner of health. All applications for such permits shall be made to the commissioner of health and shall be accompanied with plans and full details of the contem plated erection, alteration, or enlargement. Plans shall be submitted in duplicate. One copy shall be retained by the commissioner and the other returned to the applicant. This requirement is in addition to any building permit required by law or ordinance.

RULE 10. All apparatus and appliances in a plant where milk or cream is pasteurized shall be so constructed that they can be readily cleansed and sterilized. All such apparatus and appliances shall be thoroughly sterilized immediately prior to every time they are used, and shall be thoroughly cleansed immediately following every use thereof. All bottles and other containers of milk or cream shall have been thoroughly cleansed and sterilized with boiling water or otherwise subjected to a moist heat at a temperature of 200° F, or sterilized by other method approved by the commissioner of health before being filled with milk or cream.

RULE 11. An automatic temperature recording apparatus approved by the commissioner of health or his duly authorized subordinates shall be installed on pasteurizing appliances and shall be so maintained that it will accurately record the temperature to which the milk or cream has been raised, and so far as possible the duration of time the milk or cream is maintained at the recorded temperature; and also record the temperature to which pasteurized milk or cream is cooled. All records and charts shall be dated and filed at the pas teurizing plant and subject at all times to the inspection of the commissioner of health or his duly appointed subordinates.

RULE 12. Pasteurized milk or cream shall not be bottled or placed in other receptacles in any place other than in the plant where it has been pasteurized. No person or dealer in milk shall offer for sale, sell, or deliver any milk or cream in quantities of less than 1 gallon unless the same be kept, offered for sale, exposed for sale, sold, or delivered in sanitary glass bottles or such other receptacles or in such other manner as may be approved by the comissioner of health.

RULE 13. No person shall sell, or with intent so to do, have in his possession, care, custody, or control any pasteurized milk or cream unless such milk or cream is contained in and is sold in a tightly closed container in which it

was pasteurized or placed immediately after pasteurization and then closed and kept continuously closed until after sale. All milk and cream shall be placed in bottles or other receptacles and capped or tightly closed in such a manner as to prevent the contact of the person of the operator with the milk or cream. The filling or capping of bottles by hand is prohibited.

SELECTED RAW MILK AND SELECTED RAW CREAM.

59-B. Milk and cream produced and handled in conformity with the provisious of this section shall be known as "selected raw milk" and "selected raw cream," respectively. Any person or corporation desiring to sell, offer for sale, expose for sale, dispose of or exchange milk or cream which has not been pasteurized shall, in addition to securing a permit for the sale of milk and cream as required by section 55-A of this ordinance, also make application to the commissioner of health for a permit to sell raw milk or cream. Such application shall contain the full name and residence of the applicant, and if a corporation the name and residence of each of its officers. Such application shall also state the location of all premises upon which the milk or cream is to be produced, handled, or stored. The commissioner of health, upon receipt of such application, shall furnish the applicant with a set of rules and regulations governing the handling and distribution of raw milk, and shall cause to be investigated the premises described in such application; and shall also cause to be inspected all equipment upon the premises. If such premises and such equipment are found upon such investigation to be in a sanitary condition, and suitable for the uses and purposes of handling milk intended for consumption in its raw state, the said commissioner of health shall forthwith register said applicant in a proper record to be kept for the purpose, and shall issue a permit authorizing such applicant to carry on, engage in, and conduct the business of vendor of raw milk and cream in Baltimore City at the place designated in the application.

The applicant for a permit to sell milk or cream that has not been pasteurized shall secure from the commissioner of health a form of application for a permit for each producer from whom he proposes to procure such milk or cream, and when these applications shall have been properly filled out and filed the commissioner of health shall furnish the applicant for each of the producers a set of rules and regulations governing the production of selected raw milk, and shall in each case cause a careful investigation to be made of the condition of the herd, the farm, and its equipment, and if found satisfactory the commissioner of health shall register the said producer in a proper record to be kept for the purpose, and shall issue a "raw milk farm permit" authorizing said producer to ship milk or cream to the city of Baltimore, for sale or distribution, without pasteurization. All permits granted pursuant to this ordinance may, at any time, be revoked by the commissioner of health for failure to comply with the rules and regulations which the commissioner of health shall have issued in accordance with the power conferred upon him by any ordinance.

Selected raw milk and cream shall be produced, handled, sold, and distributed in accordance with all the requirements of section 59-A of this ordinance, except those relating to pasteurization, and in addition in conformity with the following rules and such other requirements as may be prescribed by regulation of the commissioner of health in pursuance of this ordinance.

RULE 1. This milk shall be produced on dairy farms having raw milk dairy farm permits, issued pursuant to this section of this article. The cream shall be cream from such milk. These permits shall be issued only to such farms as in their character and equipment meet the requirements of the rules and

regulations of the commissioner of health for the production of raw milk. These farms shall be inspected and scored at least quarterly.

RULE 2. This milk shall be solely from cows annually subjected to the tubercu lin test and certified to be free from disease by a veterinarian designated or approved by the commissioner of health. The tuberculin test shall have been applied in accordance with rules and regulations approved by the commissioner of health. All reactors shall be immediately removed from possible contact with the dairy herd and the premises disinfected in accordance with the rules and regulations of the United States Bureau of Animal Industry. Examination of the cattle and premises shall be made as often as may be required by the commissioner of health, and all animals found to be diseased shall be immedi ately removed from possible contact with the dairy herd; and if the nature of the disease is such as to justify it, the owner may be required to disinfect the premises in accordance with the rules and regulations of the United States Bureau of Animal Industry.

RULE 3. All persons employed in or about the barns or milk house, or who in any manner come in contact with the milk on the farms on which such milk or cream is produced, or in any place where such milk or cream is exposed or placed in any containers, shall have passed medical examination satisfactory to the commissioner of health, indicating that such employees are free from communicable diseases and are not carriers of disease-producing organisms. All such persons shall be examined as often as may be required by the commissioner of health. Any communicable Illness of such persons, or of any members of the household in which they live, shall immediately exclude such persons from possible contact with the milk, and the nature of the illness shall be immediately reported to the commissioner of health and to the distributor to whom the milk is shipped. The medical examinations shall be made by a physician approved by the commissioner of health and at the expense of the producer.

RULE 4. Selected raw milk shall not contain more than 50,000 bacteria per cubic centimeter prior to delivery and shall be delivered to the consumer within 48 hours after production.

LABELING.

59-C. All containers in which milk or cream is offered for sale, sold, or delivered in the city of Baltimore shall be plainly labeled as follows, namely:

All containers of milk or cream which conform to the requirements of standard milk pasteurized or standard cream pasteurized, as defined by section 59-A hereof, shall be plainly labeled "Standard milk pasteurized," if the contents of the container be milk, and "Standard cream pasteurized," if the contents be cream, respectively, except in cases of such containers which are properly labeled in conformity with the provisions of section 59-E hereof; and all con tainers of milk or cream which conforms to the requirements of selected raw milk or selected raw cream, as defined by section 59-B hereof, shall be plainly labeled "Selected raw milk," if the contents of the container be milk, and "Selected raw cream," if the contents be cream, respectively, except in cases of such containers which are properly labeled in conformity with the provisions of section 59-D hereof; and all containers of milk or cream which is below the requirements for standard milk pasteurized and standard cream pasteurized shall be plainly labeled “Below standard milk," if the contents of the container be milk, and "Below standard cream," if the contents of the containers he cream, respectively, or with such other mark or marks as the commissioner of health may require in the exercise of the authority conferred upon him by section 59-F hereof.