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forfeiture. And whenever, for any reason, the milk found therein is deemed impure or adulterated, specimens thereof shall be taken and subjected to test or chemical analysis, the result of which shall be reported and preserved as evidence.

ORDINANCE REQUIRING THE PASTEURIZATION OF MILK IN THE CITY OF
ROCHESTER. N. Y

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The dealer selling or delivering such milk or cream must hold a permit from the local health officer.

All cows producing such milk or cream must have been tested at least once during the previous year with tuberculin, and any cow reacting thereto must have been promptly excluded from the herd.

Such milk must not at any time previous to delivery to the consumr contain more than 60,000 bacteria per cubic centimeter, and such cream not more than 300,000 bacteria per cubic centimeter.

Such milk and cream must be produced on farms which are duly scored on the score card prescribed by the State commissioner of health not less than 25 per cent for equipment, and not less than 50 per cent for methods.

Such milk and cream must be delivered within 36 hours from the time of milking, unless a shorter time shall be prescribed by the local health authorities.

Such milk and cream must be delivered to consumers only in containers sealed at the dairy or a bottling plant. The caps or tags must be white and contain the term "Rochester standard raw" in large black type, and the name and address of the dealer.

5. "Rochester standard pasteurized milk or cream means such as complies to the following requirements:

The dealer selling or delivering such milk or cream must hold a permit from the local health officer.

All cows producing such milk or cream must be healthy as disclosed by an annual physical examination.

Such milk or cream before pasteurization must not contain more than 300,000 bacteria per cubic centimeter.

Such milk must not at any time after pasteurization and previous to delivery to the consumer contain more than 50,000 bacteria per cubic centimeter, and such cream not more than 200,000 bacteria per cubic centimeter.

Such milk and cream must be produced on farms which are duly scored on the score card prescribed by the State commissioner of health not less than 23 per cent for equpipment and not less than 37 per cent for methods. Such milk and cream must be delivered within 36 hours after pasteurization. Such milk and cream must be delivered to consumers only in containers sealed at the dairy or at a bottling plant. The caps or tags must be white and contain the term "Rochester standard pasteurized" in large bright green type and the name of the dealer.

ORDINANCE REGULATING AND CONTROLLING THE SALE OF MILK AND CREAM IN THE CITY OF ALBANY, N. Y.

SEC. 7. Milk to be kept only under sanitary conditions.-No milk shall be sold or kept for sale under any conditions which are not clean and sanitary. All vessels containing such milk for sale shall at all times be covered, kept cool, and so placed that the contents will not be exposed to sun, dust, dirt, flies, or other insects or animals.

SEC. 8. Conditions of bottling milk.-No milk shall be served or sold in bottles or offered for sale in bottles, unless the bottling is done under clean and sanitary conditions at the place of production or at a collecting or distributing sta tion. Each bottle shall be capped and each cap shall show the grade, the name of the producer or dealer, and the place of bottling. No misleading word, statement or design, mark or device shall appear on the outer cap or tag.

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SEC. 10. Treatment of containers.-Adequate facilities for the sterilization of all bottles, cans, and other containers used in the handling and storage of milk, cream or skimmed milk shall be provided by producers and distributors of milk.

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All bottles, cans or other containers in which milk is transported, held, handled or stored shall be thoroughly washed with cold water, then cleansed and sterilized with live steam or boiling water and undergo thorough inspection before filling with milk. Such cleansing or sterilizing shall not be done in any room communicating directly with any stable or room used for domestic purposes. Washed and sterilized bottles and cans shall be stored in an inverted position until about to be filled and shall be so protected as to prevent contamination. SEC. 11. Bottling milk.-All apparatus used for bottling milk shall be of sanitary construction and design, suitably located, covered and protected and all operation connected therewith shall be so conducted as to prevent contamination. Each bottle shall be capped by a capping machine or by some other sanitary method. Such bottling shall not be done in any room communicating directly with any stable or room used for living or domestic purposes.

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SEC. 13. Inspection of milk.-All milk must be cooled immediately after milking and maintained at a temperature of not more than 50° F. with the exception that morning's milk which is to be pasteurized may be delivered to and received at a pasteurizing plant until 9 a. m., at a temperature not exceeding 60° F.

SEC. 17. Milk house and water supply.-A properly constructed, lighted, and ventilated milk house shall be provided and used exclusively for the handling of milk, and maintained at all times in a clean condition. During the fly season, the milk house shall be properly screened to prevent the access of flies. An adequate and pure water supply shall be provided for the washing and cleaning of bottles, cans, utensils and apparatus used in the handling of milk. No water other than that free from contamination shall be used.

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SEC. 19. Designations of milk and cream restricted.-All milk sold and offered for sale in the city of Albany, except as hereinafter provided by section 19 and except milk sold or offered for sale as sour milk under its various designations, shall bear one of the designations provided in this section. No term shall be used to designate the grade or quality of milk which is sold or offered for sale, except Certified," Grade A raw," "Grade A Pasteurized," "Grade B Pasteurized."

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Certified.-No milk shall be sold or offered for sale as "Certified" unless it conforms to the following requirements:

The dealer selling or delivering such milk must hold a permit from the health officer.

All cows producing such milk must have been tested at least once during the previous year with tuberculin, and any cow reacting thereto must have been promptly excluded from the herd. The reports of such tuberculin tests must be filed with the health officer and the milk commission of the county medical society in the municipality and county respectively in which such milk is delivered to the consumer.

Such milk shall not at any time previous to delivery to the consumer contain more than 10,000 bacteria per cubic centimeter, and such cream not more than 50,000 bacteria per cubic centimeter.

Such milk must be produced on farms which are duly scored on the score card prescribed by the State commissioner of health, not less than 35 per cent for equipment and not less than 55 per cent for methods.

Such milk must be delivered within 36 hours of the time of milking. Such milk must be delivered to consumers only in bottles filled and sealed at the dairy handling only certified milk.

The caps must contain the word "Certified" and bear the certification of a milk commission appointed by the county medical society organized under and chartered by the medical society of the State of New York, and must also contain the name and address of the dairy as well as the date of milking.

Every employee before entering upon the performance of his duties shall be examined by a duly licensed physician. Such examination shall include laboratory tests for the determination of freedom from typhoid bacilli and other organisms within the body likely to contaminate the milk. Reports of such examination shall be sent to the milk commission certifying the milk from such dairy. After employment, every employee shall be reexamined every six months but omitting the laboratory tests unless specifically required by the health officer or State commissioner of health.

The milkers and all persons handling the milk must be provided with suits and caps of washable material which shall be worn while milking or handling the milk and shall not be worn at other times. When not in use these garments must be kept in a clean place free from dust. Not less than two clean suits and caps must be furnished weekly. The hands of the milkers must be washed with soap and hot water, and well dried with a clean towel, before milking.

Grade A raw.-No milk shall be sold or offered for sale as "Grade A raw unless it conforms to the following requirements:

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The dealer selling or delivering such milk must hold a permit from the health officer.

All cows producing such milk must have been tested at least once during the previous year with tuberculin, and any cow reacting thereto must have been promptly excluded from the herd.

Such milk must not at any time previous to delivery to the consumer contain more than 60,000 bacteria per cubic centimeter and such cream shall not contain more than 300,000 bacteria per cubic centimeter.

Such milk must be produced on farms which are duly scored on the score card prescribed by the State commissioner of health not less than 25 per cent for equipment, and not less than 50 per cent for methods.

Such milk must be delivered within 36 hours from the time of milking, unless a shorter time shall be prescribed by the health officer.

Such milk must be delivered to consumers only in bottles sealed at the dairy or at a bottling plant handling only Grade A raw milk.

The caps or tags must be white and contain the term "Grade A Raw in large black type, and the name and address of the dealer.

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Grade A Pasteurized.-No milk shall be sold or offered for sale as Grade A Pasteurized" unless it conforms to the following requirements:

The dealer selling or delivering such milk must hold a permit from the health officer.

All cows producing such milk must be healthy as disclosed by an annual physical examination.

Such milk before pasteurization must not contain more than 200,000 bacteria per cubic centimeter.

Such milk must not at any time after pasteurization and previous to delivery to the consumer contain more than 30,000 bacteria per cubic centimeter, and such cream not more than 150.000 bacteria per cubic centimeter.

Such milk must be produced on farms which are duly scored on the score card prescribed by the State commissioner of health not less than 25 per cent for equipment and not less than 43 per cent for methods.

Such milk must be delivered within 36 hours after pasteurization, unless a shorter time shall be prescribed by the health officer.

Such milk must be delivered to consumers only in bottles sealed at the dairy or at a bottling plant. The caps or tags must be white and contain the term " Grade A Pasteurized "in large black type and the name of the dealer.

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Grade B Pasteurized.-No milk shall be sold or offered for sale as B Pasteurized unless it conforms to the following requirements: The dealer selling or delivering such milk must hold a permit from the health officer.

Such milk or cream before pasteurization must not contain more than 1,500,000 bacteria per cubic centimeter.

All cows producing such milk must be healthy as disclosed by an annual physical examination.

Such milk must not at any time after pasteurization and previous to delivery to the consumer contain more than 100,000 bacteria per cubic centimeter, and such cream not more than 500,000 bacteria per cubic centimeter.

Such milk must be produced on farms which are duly scored on the score card prescribed by the State commissioner of health not less than 20 per cent for equipment and not less than 35 per cent for methods.

Such milk must be delivered to consumers in bottles only, except, with the permission of the health officer, such milk and cream may be delivered and sold for manufacturing purposes in containers of 10 quarts or more, sealed and properly labeled. Such milk may also be delivered and sold to hotels, restaurants. and other public eating places in containers of 10 quarts or more, sealed and properly labeled, to be dispensed not in bottles, to the

patrons of such eating places and consumed on the premises, under such sanitary conditions as the health officer may prescribe.

Such milk must be delivered within 36 hours after Pasteurization between April 1 and November 1 and within 48 hours after Pasteurization between November 1 and April 1, and such cream within 48 hours after Pasteurization, unless a shorter time is prescribed by the health officer.

The caps or tags on the containers must be white and contain the term "Grade B Pasteurized" in large, bright green type, and the name of the dealer.

SEC. 20. All tuberculin tests and physical examinations of cows herein provided for shall be made by a licensed veterinarian approved by the State department of agriculture.

SEC. 21. Revocation of permit.-A license granted under the provisions of this section may be revoked by the health officer, after hearing given upon notice, to the licensee, upon evidence of a violation of this ordinance.

SEC. 22. Penalty.-Any person, who himself or by his clerk, agent or employee, shall sell, offer for sale or dispense milk without a permit or shall violate any of the provisions of this ordinance, or who having had his permit revoked, shall continue to sell, offer for sale or dispense milk, shall, upon conviction thereof, be subject to a fine of not less than $10 or more than $250, and each day on which such violation continues shall constitute a separate offense. In addition to the penalty imposed, the permit of the person violating the same may be canceled or revoked.

Cow Stables (Order 23).-The cow stable shall be used for no other purpose than the stabling of the herd. Shall be kept clean at all times. Shall not be cleaned within one hour before milking. The floors shall be dry and tight with suitable gutters. The ceiling shall be dust proof if there is a loft above. The walls and ceiling shall be kept free from dust and cobwebs, and, if of wood, shall be whitewashed at least twice a year, or oftener if deemed necessary by the chief milk inspector. Shall be well lighted and ventilated. No manure or garbage shall be allowed to accumulate within 50 feet of the stable or milk house unless kept in a water-tight covered pit. No bedding other than straw, wood shavings, sawdust, or other equally clean material shall be used for beddings. No horse manure shall be used for bedding. Separate quarters shall be provided for sick cows and cows when calving.

Cows (Order 24).-The cows must, at all times, be kept in a clean, healthy condition. Shall not have access to the place where manure is stored. The udders should be carefully wiped with a clean, damp cloth immediately before milking.

Milk and milking (Order 25).-The milkers and persons handling the milk must be personally clean. The hands must be washed immediately before milking. Water, soap, and towels shall be provided for this purpose and placed in a convenient place for the use of the milkers. The hands of the milkers shall be dry. The fore milk or the first few streams shall be discarded. Immediately after the milk is drawn it shall be removed to a proper milk house where it shall be immediately strained, and shall be cooled within two hours to a temperature of 50° F. or less by a method satisfactory to the chief milk inspector, and the temperature of the milk shall not be allowed to go above 50° F. before delivery.

No milk shall be sold within the city of Albany drawn from cows showing visible tuberculosis or affected with mammitis, cowpox, foot-and-mouth disease, anthrax, or any other disease which might render the milk injurious for human consumption.

All cows which react from the tuberculin test shall be removed from the herd and the milk of these cows shall not be sold in the city of Albany as raw milk.

Milk house (Order 26).-There must be a milk house upon the farm which, at all times, shall be kept scrupulously clean. Shall be used for no other purpose other than for the cooling and bottling of milk. Shall have no direct opening with the stable or with the kitchen or with any building which may be in an unsanitary condition.

Water supply (Order 27).-The water used by the cows and the water used for washing the utensils shall be pure and free from contamination.

Transportation (Order 28).-Milk and cream must be transported in a clean manner. The covers of the utensils must be kept tight. It shall not be permitted to remain at a receiving station or upon a platform unless properly covered, in order to protect it from the sun and dust. At no time shall the

temperature of the milk while in transit or upon the platform or at a receiving station be allowed to be at a temperature of over 50° F.

Milk while being transported shall be covered with a clean canvas cover and no articles shall be placed on top of the cans.

Senator LENROOT. I will next introduce Mr. Holman, the secretary of The National Cooperative Milk Producers' Federation, and I will ask Mr. Holman to introduce any other speakers he has.

STATEMENT OF CHARLES W. HOLMAN, SECRETARY NATIONAL COOPERATIVE MILK PRODUCERS' FEDERATION, WASHINGTON, D. C.

Mr. HOLMAN. Mr. Chairman and gentlemen of the committee, my name is Charles W. Holman, 1731 I Street, Washington, D. C., secretary of the National Cooperative Milk Producers' Federation. Our 31 regional organizations representing 300,000 dairy farmers have requested Senator Lenroot and Mr. Taber to prepare and to introduce this legislation because we believe that it is one of the things that will assist us in this particular period of low economic conditions of agriculture to market our product under terms of equality with other groups. The bill follows right along the line of Federal precedents. We have the meat-inspection act governing imports of meat and we have the various seed-inspection acts on imports and the various fungicide acts.

The CHAIRMAN. Now, Mr. Holman, in those acts that you refer to, such as seed etc., did any of those laws regulating the importation of those articles follow the articles clear through to the consumer? Mr. HOLMAN. In the case of meat, the Department of Agriculture is authorized to make inspections, if necessary, in foreign countries. The CHAIRMAN. Oh yes, I can see that. That does not answer the question.

Mr. HOLMAN. And it is authorized further to make inspections at points here with regard to anything in interstate commerce.

The CHAIRMAN. Yes.

Mr. HOLMAN. I am not informed as to whether the department carries that inspection clear on through to the consumer, but this act that we are proposing does not propose to carry the inspection by the Federal Government clear on to the consumer. It proposes, first, that the foreign producers of dairy products shall produce their milk on the farms and carry it to the foreign milk plant under conditions that are identical with the production and transport conditions required in the great centers like New York State and the milk territory supplying New York City. It does not undertake to supervise or to control the quality of the milk after it passes the border.

The CHAIRMAN. You mean this bill does not?

Mr. HOLMAN. No, sir. It only has to do with the condition of the milk at the time of production for the purpose of obtaining permit and with the condition of milk at the time it reaches the customs house. After that the Federal Government pays no attention to the enforcement, so far as I understand the bill.

Now, Mr. Chairman, at the time of the hearing before the United States Tariff Commission, which was requested by the Senate, we

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