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Mr. Taber. It is statutory. That is established by the public health council which is created by act of the legislature of the State.

Mr. FULLER. I would like to introduce that instrument, Mr. Chairman.

The CHAIRMAN. All right.

(The sanitary code established by the public health council of the State of New York is as follows:)

THE SANITARY CODE ESTABLISHED BY THE PUBLIC HEALTH COUNCIL OF THE STATE

OF NEW YORK

CHAPTER III. - MILK AND CREAM

(Adopted June 16, 1914)

REGULATION 1. Permit required for sale of milk in municipalities.- No corporation, association, firm, or individual shall sell or offer for sale at retail, milk or cream in any municipality without a permit from the health officer thereof, which shall be issued subject to such conditions as mey be imposed by this code or by the local health officer except that the local health officer may exempt from the provisions of this regulation, persons selling milk from not more than one cow. Such permit shall expire on the 30th day of April, unless another date is designated by the local health board, and shall be renewable on or before such date in each year, and may be revoked at any time for cause by the State commissioner of health or the local health officer after a hearing on due notice. (Amended October 1, 1914, and December 7, 1920.)

REGULATION 2. Application for permit required.-No permit for the sale at retail of milk or cream in any municipality shall be issued unless written application has been made therefor in the form prescribed by the State commissioner of health. (Amended October 1, 1914, and December 7, 1920.)

REGULATION 3. Information required in application for permit.-Every application for a permit to sell at retail' milk or cream in any municipality shall contain the name of each producer from whom the applicant receives or expects to receive milk or cream for sale, together with the approximate amount of milk or cream to be furnished by each such producer, and upon change in the source or amount of supply notice thereof shall be given promptly to the local health officer. (Amended October 1, 1914.)

REGULATION 4. Dairy farms to be inspected and scored.—Each health officer or his representative shall make a sanitary inspection and scoring of every dairy farm where milk or cream is produced for sale at retail within his district, at least one in every 12 months and between November 1 and April 30 unless another date is designated by the local health board pursuant to regulation 1 of this chapter.

The local health officer of such municipality may, however, in his discretion, accept the inspection and scoring by the health officer or his representative of another municipality. (Amended October 1, 1914, and December 7, 1920.)

REGULATION 5. Conditions of issuance of permit.On and after the 1st day of January, 1915, no permit to sell at retail milk or cream in any municipality shall be issued unless the premises, where it is proposed to handle such milk or cream, shall, in the opinion of the local health officer or his representative after inspection, have been rendered clean and sanitary; and unless each farm or dairy, where such milk or cream is produced, shall have been rated after inspection by a health officer or his representative, or, in case of protest, by the State commissioner of health or his authorized representative, at least 40 per cent on the score card prescribed by the State commissioner of health. (Amended October 1, 1914, and June 5, 1923.)

REGULATION 6. Conditions of renewal of permit.—No permit to sell at retail milk cream in any municipality shall be renewed unless inspection has been made within the preceding six months by the local health officer or his representative of the premises where such milk or cream is handled and unless each farm or dairy where such milk or cream is produced has been rated by a health officer or his representative, or, in case of protest, by the State commissioner of health or his authorized representative, within the preceding six months after inspection at least 40 per cent on the score card prescribed by the State commissioner of health. (Amended October 1, 1914, and June 5, 1923.)

REGULATION 7. Public display of permit.Permits to sell milk or cream shall be publicly displayed in such manner as may be prescribed by the local health authorities. (Amended October 1, 1914.)

REGULATION 8. Milk and cream to be kept only under sanitary conditions.No milk or cream shall be sold or kept for sale under any conditions which in the opinion of the local health officer are not clean and sanitary.

All vessels containing such milk or cream 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.

REGULATION 9. Conditions of bottling of milk and cream.—No milk or cream 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 collecting or distributing station.

Each bottle shall be capped and each cap shall show the name of the producer or dealer and the place of bottling.

REGULATION 10. Receptacles to be kept in sanitary condition; when to be condemned and seized.-Every can or other vessel, which is used to contain milk or cream or ice cream intended for sale, shall be constantly kept in a clean and sanitary condition. When emptied and before being returned by the person to whom it was last delivered full or partly full every such can or other vessel shall be effectively cleansed. The local health officer or his representative shall condemn any such can or other vessel found by him to be in such condition that it can not be rendered by washing clean and sanitary as a receptacle for milk or cream, or ice cream, and shall destroy or so mark the condemned vessel as to show that it has been condemned. When so condemned and marked, such can or other vessel shall not be used again to contain milk or cream, or ice cream for sale. The local health officer or his representative may seize and hold as evidence any can or other vessel returned or otherwise used in violation of this regulation. (Amended May 14, 1918.)

REGULATION 11. Utensils to be cleansed.-All dippers, measures, or other utensils used in the handling of milk or cream, or ice cream intended for sale shall be maintained in a cleanly condition. (Amended May 14, 1918.)

REGULATION 12. Pasteurization.—Except where a different standard of pasteurization has been adopted previous to the 1st day of September, 1914, by the local health authorities, no milk or cream shall be sold or offered for sale as pasteurized unless it has been subjected to a temperature of 142° to 145° F. for not less than 30 minutes, and under such sanitary conditions as may be prescribed by the State commissioner of health ; and no milk or cream which has been heated by any method shall be sold or offered for sale unless the heating conforms to the provisions of this regulation, provided, however, that any other process may be authorized by the public health council upon demonstration of an equal efficiency for the purpose of pasteurization satisfactory to such council.

After pasteurization the milk or cream shall be immediately cooled and placed in clean containers and the containers shall be immediately sealed.

No milk or cream that has been pasteurized in one plant shall be transferred to and bottled in another plant or place and labeled, sold, or dispensed as pasteurized milk or cream, except that cream may, with the approval of the health officer of the municipality where the cream is to be consumed, be bottled at a plant other than the place of pasteurization provided the cream is bottled under clean and sanitary conditions and adequate facilities for washing and sterilizing of apparatus, utensils, and containers used in the handling, bottling, and storage of the cream shall be provided.

No milk or cream shall be pasteurized more than once. (Amended October 5, 1915, December 7, 1920, January 9, 1923, June 5, 1923, and February 10, 1925.)

REGULATION 13. Designations of milk and cream restricted.-All milk sold and offered for sale at retail, except milk sold or offered for sale as sour milk under its various designations, shall bear one of the designations provided in this regulation, which constitute the minimum requirements permitted in this State.

No term shall be used to designate the grade or quality of milk or cream which is sold or offered for sale, except: Certified”; • Grade A raw";

* Grade

Grade A Pasteurized”; “ Grade B raw “ Grade B Pasteurized”; Craw”; “Grade C Pasteurized.”

Certified.--No milk or cream shall be sold or offered for sale as Certified" unless it conforms 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 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 local 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 must 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 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 35 per cent for equipment and not less than 55 per cent for methods.

Such milk and cream must be delivered within 36 hours of the time of milking.

Such milk and cream must be delivered to consumers only in containers filled at the dairy or central bottling plant.

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 and the reports of such examination shall be sent to the milk commission certifying the milk from such dairy.

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 clear 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 rau.-No milk or cream shall be sold or offered for sale as Grade A raw

unless it conforms 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 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 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 “ Grade A raw in large black type, and the name and address of the dealer.

Grade A pasteurized.—No milk or cream shall be sold or offered for sale as “Grade A Pasteurized” unless it conforms to the following requirements:

The dealers 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 aPsteurization must not contai 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 mream not more than 150,000 bacteria per cubic centimeter.

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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 43 per cent for methods.

Such milk and cream must be delivered within 36 hours after Pasteurization, 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 at a bottling plant. The caps or tage must be white and contain the term “ Grade A Pasteurized” in large black type.

Grade B raw,-No milk or cream shall be sold or offered for sale as Grade B raw" unless it conforms 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 must not at any time previous to delivery to the consumer contain more than 200,000 bacteria per cubic centimeter, and such cream not more than 750,000 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 equipment and not less than 37 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.

The caps or tags on the containers must be white and contain the term “Grade B raw” in large, bright green type, and the name of the dealer. Grade B Pasteurized.-No milk or cream shall be sold or offered for sale

“Grade B Pasteurized” unless it conforms 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 1,500,000 bacteria per cubic centimeter.

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 cukic 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 20 per cent for equipment and not less than 35 per cent for methods.

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

The caps or tags on the containers must be white and contain the term "Grade B Pasterized” in large, bright type, and the name of the dealer. (Amended March 4, 1915, October 5, 1915, January 9, 1917, and January 10, 1919. Grade C raw.—No milk or cream shall be sold or offered for sale as Grade

unless it conforms to the following requirements: The dealer selling or delivering such milk or cream must hold a permit from the local health officer.

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 40 per cent.

Such milk and cream must be delivered within 48 hours from the time of milking, unless a shorter time shall be prescribed by the local health authori. ties.

The caps or tags affixed to the containers must be white and contain the term “ Grade C raw in large red type.

Grade C Pasteurized.-No milk or cream shall be sold or offered for sale as “Grade C Pasteurized” unless it conforms to the following requirements:

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

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 40 per cent.

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Such milk and cream must be delivered within 48 hours after Pasteurization unless a shorter time shall be prescribed by the local health authorities.

The caps or tags affixed to the containers must be white and contain the term “ Grade C Pasteurized” in large red type.

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.

The bacterial counts herein required shall be made only in laboratories approved for the purpose by the State commissioner of health.

In those municipalities where a bacterial count of the milk is, in the opinion of the local health authorities, impracticable, they may in their discretion grade milk and cream according to the score of the dairies producing it, as prescribed in this regulation, but no such milk shall be designated “certified,” * Grade A raw," or “Grade A Pasteurized."

This regulation shall not be construed to rescind or modify any existing local regulation or ordinance controlling the grading of milk or cream established prior to the 1st day of September, 1914. (Amended March 4, 1915, October 5, 1915, January 9, 1917, March 1, 1918, January 10, 1919, November 18, 1919, and June 24, 1924.)

REGULATION 13-A. Ice cream.—No ice cream shall be sold or offered for sale unless the milk and cream used in the manufacture thereof, other than Grade A, shall have been Pasteurized. (Added November 13, 1923, amended March 11, 1924.)

REGULATION 14. Supplementary regulations by local authorities.—The health authorities of any municipality may in their discretion 'increase the strin. gency of these regulations or add to them in any way not inconsistent with the provísions thereof, and may prohibit the sale, or the keeping for sale, within the municipality of any of the grades of milk herein defined. Any city of the first class may provide for additional grades of milk and cream subject to the approval of the public health council. (Amended July 10, 1917, and April 20, 1922.)

REGULATION 14-A. Milk or cream in cold storage warehouses.-Nothing contained in this chapter in reference to the time of delivery of milk and cream shall be deemed to prohibit the keeping of such milk and cream in cold storage in a duly licensed cold storage warehouse for a period of not more than 12 calendar months; provided, such milk and cream is placed in such cold storage warehouse within 48 hours after milking or Pasterization, as the case may be. (Added March 1, 1918, and amended June 10, 1921.)

REGULATION 15. When to take effect.—Every regulation in this chapter unless otherwise specifically stated shall take effect throughout the State of New York, except the city of New York, on the 16th day of November, 1914..

Mr. FULLER. I also have here the department of health, city of New York

The CHAIRMAN. Before you leave that I want to get that straight. The origin of the whole thing is first a statute of the Legislature of New York which provided for some board and gave them authority to make regulations, and this is the regulation that that board makes, as I understand it.

Mr. FULLER. Yes.
The CHAIRMAN. If that is not correct, I want you to correct it.
Mr. FULLER. I think that is correct.

The CHAIRMAN. Because that will go in the record and may be the basis of legislation.

Congressman, have I stated that correctly?
Mr. TABER. Let me get it again.

The CHAIRMAN. As I understand it, the Legislature of New York passed an act creating some sort of a board.

Mr. TABER. Creating the public health council.

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