Transcript of Record — Chicago v. Fieldcrest Dairies, Inc.
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‘ TRANSCRIPT OF RECORD
« :
: Supreme Court of the United States
OCTOBER TERM, 191
: a p | sa
CITY OF CHICAGO, A- MUNICIPAL CORPORATION,
BOARD OF HEALTH OF THE CITY OF CHICAGO, -
KT AL., PETITIONERS,
“Us.
FIELDCREST DAIRIES, INC.
“.
. °
ON WRIT OF CERTIORARI TO THE UNITED STATES CIRCUIT COURT
"OF APPEALS FOR THE. SEVENTH. CIRCUIT
PETITION FOR CERTIORARI FILED OCTOBER 20, 1941.
CERTIORARI GRANTED NOVEMBER 24; 1941.
ae
Oe MMC ME ee
Supreme Court of the United States
S Fis a Ocrosss Tanz, A: D. 1941.
eo ae a)
_ CITY OF. CHICAGO, (a Mowscurat: Cibtinugns), BOARD |
., OF HEALTH OF THE CITY OF CHICAGO,. DR.
- “ROBERT A: BLACK, Hzattn ComMIssiONER AND Aor’
ING PREsmeENT ¢ oF Boanp | or HeattH or THE ‘Crry oF
Cuicaco, ;
| Sees: _- Petittoners,
e vs. : - ¢
. ek FIELDOREST DAIRIES, (Inc.),
| _ Respondent. ee
. ON WRIT OF CERTIORARI TO THE UNITED STATES. CIRCUIT couRT
. {OF APFRALA FOS THD ENVENTE CIRCUIT.
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g ae Index to. Printed: theanea of Proceedings .in a 8.
i) :. : District Court .............., Arvaqnasectcdssevss di
i . Clerk’s Certificate to Volume 1 of Printed Record: ... “6088
2 Clerk’s Certificate to Volume 2 of Printed Record. . ..1224a
3 Clerk’s Certificate to Volume 3 of Printed Record. ... AT ;
Index to Proceedings i in U. S, Court of f Appeals: aes
Placita ...... Ore Pree Prine “reer C ibe bad 1781
Opinion by Major, J. filed Ang. 4, OURS cckon ess 1782
Dissent by Lindley, D. J..\.....:..... Ne siegesses shee.
Decree, entered Aug. 4, sats EDL Aap we ces ages L797
Order staying Mandate, entered Aug. 23, 1941... .1798
_ Designation of: Record............ antewas eshte 1799 |
- Clerk’s Certificate .......... pe yecweeevabovcses 1801
"Order allowing certiorari =. * ah ouee 1801
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on VOL. I pp. 1 to 608.
_” TRANSCRIPT OF RECORD
IN THE on
=: United Statvs Circuit Court of Anveals
For the Seventh Circuit
<«
No. 7502
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° FIRLDCREST DATRIES,. (Ixc.),
: Plamtiff-A pp lew,
vs. aah
CITY OF ‘CHICAGO, (, Municinan Corporation ),
BOARD OF HEARTIL OF THe CITY OF CHICAGO,
DR. ROBERT AL BLACK, Heravrit ComMissyoxer ann,
‘AcTInNG: Presipentr or Boarvor Heravrit or THE Crry-or
. ’ .
CHICAGO, ~ . ‘
< . De fe uvdauts App Hawts.,
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\itpeal from the District Court ef the Enited States for
the Northern. District of Tllinois, Eastern Division.
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TRANSCRIPT OF RECORD FILED JAN. 20, 1941.
PRINTED RECORD.
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United Sins rat Goat of Hanis”
For the Seventh Circuit
No. ‘7502
FIELDCREST DAIRIES, (Inc, f
ae : “—: Plaintiff-Appellee,
vs. hs a
crry OF CHICAGO, (a Muntcipat . Corporation),
°° BOARD OF HEALTH OF THE CITY OF CHICAGO, .
DR.: ROBERT A. BLACK, HeattH CoMMISSIONER AND
, Actine PRESIDENT or Boarp oF HEaLTH oF THE. Crrr OF -
Curicaco,
ie ‘ Defendante-Appelionts.
Appeal from the: District Court, of the United States for
the No ern District of Ilinois, Eastern Division. *
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INDEX.
Placita ........ ccauess cubes Rei i eee
Complaint filed February 2, 1939 .............. err 2
-- Answer filed February 27, 1939........c.... 08005 16
Exhibit A—Reprint of the Mayor Kelly Milk Ordi-
_ Nance passed hed City Council J anuary 4, 1935, .
tp ORR sith enc teidscckakive Cusstesanerismesess 23°
Order referring cause to Master, ehtéred May 12, 1939 123
Notice as to stipulation, filed May 25, 1939........... 124
Order approving stipulation, entered May 25, 1939... .125 ©
Stipulation as to experiments, etc. ..... wereeeee 125 ©
Stipulation regarding tests requested by City of Chi-°
cago pursuant to stipulation filed June 29, 1939.... 127°
Order. approving stipulation with reapect to tests, en-
tered June 29, 1939... coknen sakehenkn eee an ete
"TRANSCRIPT OF TESTIMONY.
Statement by Mr. Schaefer........+...... Swetapace- Eee
Statement by Mr. Gariepy..........5.. 06... c cee eee es 135,
Colloquy . 137, 155, 226, 373, 687, 849, 854, 880, 893, 1231, 1271
PLAINTIFF’s Whrivuabes.
ee eee reese. ‘hikeeesunak 610, 1245
Bergman, Frank H.- ................ \neeteeteeeees 939
_Bunta, Mee eer eter bites ON Seek 857, 891
“Carpenter, A. E. (deposition of). .... atnbiveticksiten 1385
‘Davis, David J. ......... Fe Re a Tal Eanes ‘scene
PE Mg Sites ck eivepeeneads 840, 888, 938, 960°
. Faust, Ey R. PeOeSGh cavbasnsad ccna wehawee ents reory ,862 .
no ee REEF BENE UR TT euaaul 306, 534
iii veces 1 6 cs Wot pare Oe MG: Vol pee 1 Oy
?
&
‘
é :
- ii
Huber, Philip a ee Fy Geeee Les ankse vee OT
Johnston, Florence (deposition of). See er
Kasper, Charles J. ................05. eet aiey 360, 372:
Keyser, Paul ¥., Jr. (deposition WEN ci jixciweds ao» 1884
King, Bruce ......2.....3....000% Borer iavetecceee. 2
ie, Tee WE no a crn cies 440
‘Martinek, Matthew J. ..... SP ge a: Arene Ee: oss
McNally, William D............. Wordetvecuaens 1251, 1276 ~
‘Ovvis, Howard .....:....0506:. Perr Ol ee Sh See |
Packer, Herbert M. ( deposition of) ae epee z +1355
Peterson, Howard R. ......:. cree rere ... +. -942, 966
Pracha, PEEGIE OE o's gatas s vob ice biwcesss .....:624, 700
Sanborn, John Raymond .......... pen aaa ores 144
re I Be oii oioa ss 9s chaste eens ees. : 612
‘Stern, Mortimer E.. RG pe ee as a pe oe en ae .. 364
~~ Taylor, Clinton L. cy bs oaRh wane ea sasneoene 546, 607
PG, TT, oi ies Ske sees sep eas visveeenss eae
_Tracy, Paul Hubert ....,........:. Sisoies kaa se
I, ee 5h es shaw ap cee ch thcgienes eee 1302
7) NE EA ok xp can dete ao Se ates Veco ae 847
. Woodman, M. J. Si eee pared y ita: Oak Areas Ge Ui ius eae 672
_«. * Yunker; Elkan H. (deposition 5 Rene erate o ee ..1877
Stipulation: ...... Sue Lee VR oaeSY AINE Sy DD waves 689
; _ Master’s Wrrwess |
is, Se es ok Se he a eae bakes a
DEFENDANT’S WITNESSES. ;
nN RR ae ef eee re peer 1061
Black, Robert A.............. *% RE a ante bed 1225
Bundesen, Herman N. ....... Rha 28 ays Tes Pit 1206
a PPE Cert OATES»
Mewweer. Peel F. i... ccficesicacs..: Cocugacinvacey ae
ol. X pages 1 to 608; Wol. IX pages 609 to 1294; Wol. ITZ pages 1285 to.
a ee ee teen eee Tee
bol = = we
a -
ms
ili
Pi aes
* iartinet, ‘Matthew J. isewee be eeeas eeeuyhen saunas . 1001
Mowter, Memeet so... 5.2 00s laces oo ae
Reynolds, Harry J: .....¢........... skbes sis kes ce
‘Rudig, Delmar M. ...... peer e a Pree esy
* Tonney, Fred O. ..... anion rrr Aeiiulabicaesine ..1001
Report of Conference with Master........ Poe e cs toes che
. Report of Discussion with Master................. :1328 oe
= ° ; -
; 4 , PLAINTIFF ’s Exnmrrs
No. 4—Report of Dr. Arnold, Dec. 4, 1937, ete... ..1397
No. 5—Letter Nov. 27, 1906-—Packer to Silver Seal
: Dairy Products Me, iccewen kek. 1471
No. 6—Letter Nov--28, 1936—Sullivan to Fuller... °4471 |
‘No. 7—Letter. Nov. 30, 1936—Foote. to Fuller... ..'.1472
No. Letter Dee. 1, 1936—Moffett to Silver Seal
Dairy Products Co. pe eee eae,
| No. -10—Letter Dec. 2,. . 196i. to. Silver Seal
tT asco e bees oeRRREOEE eb eyes tees 1474
No..11—Letter Jan. 5, 1937—Williams to Fuller..... .1474
No. 12—Article “Sanitation of Paper Milk Con- ,
SE ons sc ve panteenas coven cus SPAR
No. 13—Photograph of pint glass milk bottles and
poe ee Ea CRE MeR ONT N Ty Si 1493
No.14—Photogtaph of quart glass milk bottles. 26.4 1495
No.. 15A—Photographs from: opr heene literatnre of
eee Ex-cell-O Corporation ........,........0000% 1498
‘No. 16—Article “Single Servicé Containers for Milk
. A we | gee OP ere erert reer 1503
No. 17—Article. ‘Reasonable Sanitary sapaaccece for
oe: Paper Pe ee a a 2 ASOT
No.18—Article ‘“When are Milk Containers and ihetty. ,
ment Clean and Sterile’ ................. 1514
' No. 19—Report of second conference on Sanitation of
Paper Milk Containers, Ete. iecuoaw scutes .
epee” = Damen 1 te CUB; Ves. EF pabes CFD te INE; ‘Vel. EEE pages 3888, to
-
‘ 4©O
S .
gle eee ee
| _ Article Paine Ciitiaiini for Milk; Prin-
a ‘ciples of Sanitation to be observed in
.. their Manufacture and Use’’............ 1525
No. 21—Article ‘‘Proposed Standards for Paper Milk.
ATT OR EE TOE POTTS VOCE TS Fives 1534
No. 22—Article ‘‘Sanitary Problems in Connection:
with Paper Containers for Milk’’.:..... ...1540-
No. 23—Letter Feb. 18, 1939—Sanborn to Ewing.. : .1545
No. 24—List of cities using paper milk containers,
SN, Se Ns » pa din cee ep ieee lemnuse "1546
No. 25—Letter Nov. 14, 1938—Sanborn to Dwyer... .1548
No. 23—Photograpki of printing press feed—Gardner.
; Richardson Co. ........... i A ALS Poy egiry ee .1549
No. 34—Photograph of carton blanks ready for glu-
eee ere ereeee: 1551
No. 35—Photograph of carton blanks ready . for. ship-
ping ...:. hin Senne beh 62-4 SK ae seereess ecae
No. 36—Photograph of blank ready for gluing, capped. 1555
_No. 37—Photograph of carton blanks printed ‘and ready
aA cS ec cha sy chews bb ee bee's « 1557
No. 38—Photograph of finished vata in flat form
be packed for shipment .............. piewbe vs 1559
No. 39—Sheets headed ‘‘Samples of Milk Bottle Car-
; tons,’’ tests by Harry C. Fisher............ 1561
No. 42—-Photograph — Model in the Soaker Bottle
: 5 , Washer REGU N SEN NGUN SAL ESAS TDR hE bee *-1563
No. 44—Photograph of paper bottle and glass bottle
filled with milk at 15 degrees below zero...... 1565 =
No. 45—Letter June 23; 1939—Hoffman to Gariepy. . 1567
No. 46—‘‘Study on Self-Purification of Paper’’.... .1572
No. 47—“‘Bacterial Condition of Pure-Pak © Con-
NE 8s ors ee nar kala dv ekeae Nes so wre oe %1573
No, 47A—‘Bacterial Condition of Pure-Pak Paraffined
Container as revealed by ‘Four Different
- Methods” .... 282.502... c cee ge erect sewees LBT4
Vol. I pages 1 to 608; Vol. IZ pages 609 to 1854; Wol. EIT pages 1285 to
avTT. f 5
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No. 48—‘‘ Bacterial Condition of washed and sterilized
eactn bottles in two plants in Chicago’’........ . 1575
No. 49—‘‘ Bacterial Condition: of 132 Pure-Pak paraf-
; fined containers from eleven different milk —
ee TEER CTT ST Te Tee TT TSE ETT be
No. 50—‘Study on the Bacteriological Condition of
ee Paraffin. Bath in Pure-Pak Machine’. ss .1576
No. 52—‘‘Contamination of Milk by Pure-Pak Machine
where practically sterile milk was bottled’’..1579 .
No. 53—‘Number of Bacteria Enmeshed in the Pa-
. per used for Dairy Products” ............. .1580
- No. 54—‘‘Bacteriological Condition — of Paper Milk Bis
| : Containers before being Paraffined’’ eae 6 . sue. *
_ No. 55—‘‘Baé¢terial Contamination of Milk by the pour-
¢ ing lips of Glass Bottles’’..... SSPE Se 1582
No. 56—‘‘Number of Bacteria on and in Paper for
. - Pure-Pak Container Pouring Lip’’........ 1583
No. 57—‘‘Bacterial Contamination of Milk by the ,.
Pouring Lip of Pure-Pak ‘Containers’’...... 1584 —
No. 58—‘‘ Ef ‘ect of Paraffining on Bacteria when con-
tainers: were inoculated before Paraffining’’. .1586
No. 59—‘‘Bacterial counts of 50 glass bottles. and 50 :
Pore-Pak Containers’? ..............:... -. .1587
No. 60—‘‘Bacterial Condition of Adhesives used in ©
Ue MN on aise eae 1588
No. 61—Letter Sept. 12, 1939, Fuchs to Rall........ 1589
‘‘Public Health a. Sanitation Advisory
° Board Acti Single- Service Contain-
I Na ot er iks ce cc de sccdes si "1590
No. 62—‘‘Sanitary Aspee s of ‘Paper Milk Con-
EE occ OER La A 5S cab hacer Ve Soi ee pene 71591
No. 63—‘ Are Paper Milk Guabiieets Sanitary?””.. .1600
No. 64—Certificate of Incorporation of: Fieldcrest |
Dairies, EE EE See ree
. Trenh & pages 1 to €08; Vol. II pages 609 to 1994; Vol. TIX pages 1925 to
. ae E
I I Bo oie acce cin acs 1613
No. 66—Photograph of two trucks containing erated
- : IE SN So Soa c dcauea centackaeeen 1619
« No. 67—Photograph of truck containing milk bottle
ON cys a was Die cee 4 REG NwAE WERE ea cecnne 1621
No. 68—Photograph of send containing milk bottle
GE ssa Seo has donde bese ie kee 1623
No 69—Photograph of Blue Island Bottle Co. build-
WR ss 4 6 sens Sieben ss eek Pe 1625
No. 70—Photogiaph of two trucks which crates con-
Ole SI SIN sss bins cca 1627
No. 71—Photograph of truck coftaining ‘milk. bottle
crates with crated bottles in shed in back-
ground’...:..... SPE ewe eh WD Die GA ee -, 1629
_. No. 72—Photograph of crate with RES milk bottles - .
+g? WN CNG OW dati ss gabe oa ee ae
No. 73-—Photograph of milk bottle at laboratory with w
i De Oh PU sree NT Peet a ore pee 1633 .
No. -74—Photograph of Solored : ‘man with milk bottle
5 at junk yard 2048 W. Lake Street Ltuyeeeees 1635
No. 75—Photograph of close-up of bottles in front of
aks. S068: W Tike Fs ies oss 1637
No. 76—Photograph of empty bottle in- Illinois Cen-
: OT UNE foe ts 5.0 0s 55 es as ceeds vees 1639
No. 77—Photograph of junk yard employees loading
empty bottles into a. milk bottle crate ...... 1641 ©
9 No. 78—Photograph of rgjlk bottle at County Morgue.1643
No. 79—Photograph of push cart man placing empty
ia Oe OIE: ON: GRE ins oes wo aac awcestaes 1645
_No. 80—Photograph of E. R. Faust in front of ‘filled
Pas. milk bottle crates in junk yard.............. 1647
No. "81—Photograph of man at quarry dump picking —
es
~ Vi
_No. 65—Certificaté to Ao business in Illinois of Field-
up milk. bottle EN ey ye ane ee a 1649
Vol. I pages 1 to 608; Vol. IX pages 609 to 1224; Vol. IIT pages 1225 to
1777. ‘ “ li . Py
4 S? 4
Pa ee wie . sk) Meta Hid of tn Boasts, ei ae aaa
9 sks beet ei ls li A . is tae gh ay
7 ont aia aa ea °
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No.
No,
83—-Letter Dee. 17, 1937, Arnold to Scott........1651
84—Letter Arnold to Scott. .-. Pee cetethinesawae 1652
. 85—Letter Nov. 12, 1937, Fuchs to Dean, Jr....1656 °
. 86—Letter Nov. 26, 1937, Frank-to Dean, Jr. ....:. 1657 ©
_ 87—Letter Feb. 7, 1938, Arnold to Scott....... 41658
. 88—‘‘Arnold’s suggestions to Board of Heath
Mig MSO ick so ssaesa sti beaxa cane 658°
. 89—Letter Oct. 6, 1939, Dashiell to Bundesen. . .1661
; 92—Letter Sept. 16, 1939, Fuchs to Scott.... . ++ 1662
Derenpant’s ExyIsits.
| and 1B—List of questions by Rall submitted to
Carpenter~before his deposition, etc. ...... 1663
. 1A—Index- card containing notes of Carpenter. .1664
2—' Microbiology in = and er a
UNE acasesaces dg iesbhencbesauab cb anvens 1665
7—‘‘Number of bacteria. enmeshed in the body
OE Te SE Sok aokksnsae ce seowanhexsnat 1671
8—Sample receipt stub Board of Health, Bureau
Of Daisy: POGGIO. . 564. oe deevceses . 1672
9—Laboratory, card used in bacteriological oan
chemical examination of a by Board of
RR BO eh ee oes: eee:
, 10—Tabulation of bacterial ‘itaih: of empty
milk bottles examined - -by Board of Health,:
Fe een pe aR ean, ee MON ae 1674
. 11—Record ‘of bacterial content of pan 1 quart
milk bottles examinéd by Board of Health, ete. 1674 |
. 12—Sample.as exhibit 11, — ‘being tabulation
of pint bottles ...... SESE T PTE eee .1675
. 13—Same as exhibit 11, uae: being for 4 quart
bottles Riaend See tes ved -Renerernwen lies babi 1675
. 15—Tabulation of iheitiane: record cards show-
’ ing violations but sizeof bottle unclassified. . 1676
sr¥ii F Deeee 1 Wo G00; Vol. HF pages 09 to 106; Vol. HIE pages 1888 to
-
eee
27333 - = :
Viit : — t=
No. 16—Section 10, U. S. Public. Health Se ice stand-
'. ard milk ordinance ...... ney Mey si
. No. 17—Copy of section 10, of Public ‘Health Serv-
‘jee milk 6rdinance ‘as amended June, 1939...1678 =
‘No. 18—Tabulation of samples of empty milk bottles Tad
and results of bacteriological en,
ee GU ovks vance scccuhackpecusseekesh eure ia 1679 7
No. 19—Tabulation showing results of parafin experi- “
IE 6 nad kaks onde dnb cue eetab ences 1687 Pe
No. 20—Report of tests using wet ont dry plaques 2
after being run through paraffin bath, ete. . .1689
« No. 21—Result of tests as in exhibit 20, but experi-. |
aoe ments conducted at later time .............. 1691 4.
‘No. 22—Letter January 13, #936,. Dean Milk Co. to”
| PN no sak sc txnnessans ee beeeaaweuee 1692.
‘No. 23—Letter August 2, 1938, Ex-Ce O Corp. to =
MIN oo 0s bs osc i bigs eccaeuaeats ..1693
No. 25—Regulation adopted August 6, 1935 concern-
= ‘ ing type of milk and cteam to be used i in man-
. “ufacture of butter, ete. ...............000- 1695
- No. 26—Regulation adopted Nov. 12, 1935, requiring
that milk and milk products be served and
dispensed:..to consumer in origina) uno ned
container as received from distributor... .1697
No. 27—Resolution adopted J uly 18, 1039, as to use of
standard nutrient, agar, prescribed in ‘6th
edition of American Public Health Associa-—
tion ‘‘Stardard Methods of Milk Analysis’’. 1697
No. 29-—Resolution presented to Board of Health Oct.
16, 1939 with respect to single-servicé con-
tainers'for milk ........... PARSE S ERED he. 1698:
No. 30—Letter June 27, 1939, Ranan to Bundesen. .. .1705
: Ne 31—Excerpts from minutes of Board of Health
‘meeting May. be errr, Serer erie 1705
—— is Tet pewwe 1-0 cous Wel TF pages 600 to 1004; Vol. IT paeee 1008
avy.
ee
.
ee . .
Se ee en ee ee ee
5B meets! li ia . . aad —
FOS Ly er ON Ee ee es a Tas -
Objections to depositions filed April 27, 1940........1709
Master’s report filed April 27, 19402............. ..1710
Notice of objections filed May 7, 1940................ 1737
Objettions to Master’s report filed May 7, 1940.. . .1738
Notice of motion filed May 14, 1940......... rere. | 2.1750 .
Motion for decree filed May 14, 1940:............ 1751
Order continuing motion for entry of decree entered :
GLC LUC ceL itu sieuninGmoutvesyesoees ee
Memorandum f%ed October 18, 1940...... gakuen’ 1752 *
Findings of fact filed October 23, 1940.........:....1756
Conclusions of law filed October 23, 1940:.... ..B...1758
Decree entered October 23, 1940................5. . 1759
Master’s certificate: filed October 23, 1940........ . 1761
Notice of appeal filed Detober ae 1762
Statement of points filed: November 15, 1940........1763
Clerk’s certificate of service..................5. ve + 1765
- Appellant’s designation for short record. re (avsiwe ‘1766
Bond on appeal.............0cesiveccesicseneecenes 1767
Notice of motion (Ui vekaleunbweeunechaewnws oe ieee:
. Motion for stay of va, filed October 24, 1940. ic: .’.
Order denying stay of decree filed October 2A, 1940. ..1771
. Designation of record.............. aver ehvewbesecens 1772
Order re filing transcript. .........0.......0.s eee ee 1774
Gipuietion ae te COMMS. -..... «0.2. cece cokes. 1774 |
Order as to exhibits ....................06 5 ots oe
Clerk’s certificate ........ eGR RRas cake Laas oak bute 1776
Stipulation as to printing AUeRiGaybinas ene ccacek ous 1777
~ ?
SaFsE T Paeny 1 6 08s Wok pages e001 se lases Vol pases ines we
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2215 ~—Pleas in the District Court of the United States for piscita.
_ the Northern District of: Illinois, Eastern Division,
begun and held at the United States Court,Room, in the
City of Chicago, in said District and. Division, before the
Honorable Charles E. Woodward, District Judge of the
United States for the Northern District of Illinois on |
Twenty-third day of October, in the year of our Lord one
thousand nine hundred and forty, being one of the days of
the regular October Term of said Court, begun Monday, the
Seventh day of Ogtober, and of our Independence the 165th
year. oo : ys
~ Present: i )
© Honorgkle John P: Barnes, District Judge.
Waiam H. McDonnell, U. S. Marshal.
Hoyt King, Clerk. .
i)
ms
¥
ep
_. duly organized and existing corporation under the laws of, ~
2217 In THE District Court oF THE UNITED Sines,
a
2 ¢ Complaint.
2216 An THe District Court oF THE Unrrep Srares
- Northern District of Illinois,
Eastern Division.
Fieldcrest Dairies, (Inc.) )
-& . vs. : .
Bar | of Chicago (a Municipal cor-
ration), Board of Health of the Civ il Aetion.
ity of Chicago, Dr. Robert A. ae No. 316.
v. Black, Health Commissioner and
Ss Acting. President of Board of
Health of the City ef Chicago. J
- -Be'lt Reincasbered, that the above- entitled action’ was
commenced by the filing of the following Complaint in
Chancery in the above-entitled cause, in the office of the ©
Clerk of the District Court of the United States for the
‘Northern District of Iilinois; Eastern Division, on this the
Second day of February, a. as
->¢ “*.°* (Caption—316) * °
‘COMPLAINT IN-CHANCERY FOR A ‘DECLARATORY
-JUDGMENT—EQUITABLE RELIEF SOUGHT.
To the Honorable Judges of the District Court of the
United. States, Northern District of Milinois, Eastern Di-
vision, in Chancery Sitting:
1. Plaintiff Fieldcrest Dairies, (Inc.)” ‘alleges that it is a
the State of M ichigan, and that it is now duly authorized to,
and is doing business in the State of Illinois by virtue of a
petnnso~ so authorizing it to act and issued by the Secre-
tary’of the State of Illinois on November 29, 1937; that .
plaintiff was incorporated in the State of Michigan on
November 5, 1937, and thereafter duly qualified to transact
business in the State of Illinois on the date aforesaid.
2218 . 2. Plaintiff alleges that the amount in controversy |
in this —- is in excess of Three en
e
Complaint. . eee
Dollars, ($3,000.00); that the plaintiff is now mg | |
daily large sums. of .money in the use of machinery and
equipment for the bottling, packaging, sealing and: distri-
bution of milk and milk products in ‘‘Pure-Pak’’ non- .
absorbent single service containers made of virgin spruce .
material; that said 2 men are used in the distribution
. of milk by the plain id in its sale of milk and milk
a products in the County of Cook and in the cities and villages
* a. hereinafter described; that said sale of milk and milk prod-
“+ — uets is to retail stores and to a large number of consumers
in said cities and villages hereinafter described. °
3. Plaintiff furthéet alleges that it is now. doing business
a in the State of Illinois and the purposes and objects for
= which ‘it was organized and now exists are: to buy,’ sell,
- ‘deal in, manufacture, process, cut, store and ship cream,
= - milk, butter, cheese, ice cream, ice-cream mix, sugar, con-.
~ a -densed milk, powdered milk, evaporated: milk, malted milk, .
4 ‘ distilled ‘water, milk products and by-products, ice and all
such other articles as may be necessary or may be con-
4 veniently used in connection with the aforesaid mentioned --
+y business or businesses ; to own, lease and manage, directly
a or through subsidiaries, dairies and dairy farms, cream:
eries and cheese factories, and conduct a general manufac-
turing business; that said business is now being carried.on
4 in the vicinity of the City of Chicago by the plaintiff cor- —
3 .. poration and milk and milk products are being ‘sold and
Ce.
mers
in force in said municipalities.
: 4. Plaintiff further represents that the mil’ and milk.
» products sold and distributed by. it are secufed bottled, ©
il - .
+ Complaint.
pasteurized and packed at its plant and factory located
seventy-six miles northwest of Chicago at Chemung, in
McHenry County, in the Staté of Illinois; that said plant,
equipment and pasteurization process have been approved
by the State of Illinois and permit issued to the plaintiff on
Meneses 17, 1938, and on J. a 18, 1939 renewed by the
a
State of Illinois under which plaintiff now pasteurizes,
- bottles, packs and packages its milk and milk products for
sale as aforesaid; that milk and milk — sold by the
plaintiff are pasteurized, bottled, packed, packaged
2220 and ‘sealed by plaintiff at Chemung, Illinois, at the
.. plant aforesaid, in single service containers known‘
and described as ‘‘Pure-Pak’’ which containers are of non-
absorbent material; that milk of’ Grade ‘A quality, whipping
and coffee cream, buttermilk, sour cream and chocolate
milk are sold by the plaintiff in the cities and villages afore-
said; that a true sample of said single service ‘‘ Pure-Pak’’
quart container of non-absorbent material in which said.
milk is ‘bottled, packaged, sealed and sold to the public is —
filed. with this Complaint with the Clerk of this Court and
marked Exhibit ‘‘A’’ for identificatign and.made a part of
this Complaint by reference thereto” Plaintiff alleges that —
- all statements written on said container above-referred to
are true in substance and in fact with regard to measure-
ment, packaging, pasteurization, sealing, quality of contents
and place of packaging ; that said container above described
is sterile, sanitary and made of nen-absorbent material, in
every respect with regard to manufacture, packaging, seal-
ing, quality of virgin spruce material, and all other mate-
rials used and entering into the manufacture of said con-
| tainer and in its sale containing milk and milk products,
complies with ‘all ordinanees and the rules and regulations
of the Board of Health of the City of Chicago. —
5. Plaintiff attaches thand incorpérates in this Com-
plaint, a true copy of the ordinance of the City of Chicago,
‘known as ‘*Mayor Kelly Milk Ordinance, Passed by the
City Council January 4, 1935 and adopted January 8, 1935,”’
together with all amendments thereto, now in full force
2221 and effect ‘‘for'the establishment. of standards and
requirements for milk and milk- products’’ by said
-City of Chicago.and incorporates the same said ordinance
as apart of this Complaint by reference thereto and said
ordinance is identified as Exhibit ‘‘B.’’
6. Plaintiff further alleges that said ‘‘Pure-Pak’’ non-
absorbent single service container ‘excels all other milk con- © |
o - | ie 4
er ots) Ea AR ac tae :
action Sa els eh La ee
mq .
¢ . .
Complain. ce F 5
tainers in and for the protection of human life and for the
preservation and protection of public health in the City of
Chicago; that it is more economical to use and easy of
handling in the use and sale and distribution of Grade A
milk and’ milk products to the retail trade in said City |
than metal and glass containers? and plaintiff further al-
Jeges that said containers used by it daily,contain true and.
correct measure and true and correct quality and quantity
of milk and milk pro ontained therein, and that, said
same measure, quality and quantity are identified and re-
cited clearly on the sides of said container. 3 Siraee
7: Plaintiff further alleges that the machinery and.
equipment used by it in the bottling, packaging, sealing and
. pasteurization of milk.and milk products sold by it in the
‘‘Pure-Pak’’ single service, sterile, sanitary -and non- .
absorbent container are such as to prevent any part of any
- person or his or her clothing from coming im contact with
any surface with which milk or milk products come in con-
' tact with in said proeess aforesaid; that said automatic an
machinery used in said process of, bottling, sealing and . =~
packaging of said milk is of a design which does not é
2222 require frequent ‘adjustment during operation so as’ +
: to expose milk to the danger of contamination and.
all parts of said machinery and equipment can be readily -
_ cleaned and are of such construction as to prevent any
contamination reaching the inside of the bottler or any —
part of said equipment; that all surfaces with which milk @
comes in contact are of smooth, nét readily corrodible.
material and the,;same are very accessible for cleaning; . .
that the sealing of}milk and milk products bottled and pack-
_ aged and sealed in said ‘‘Pure-Pak’’ container,is done by
said:same automatic machinery and not by hand; that all
employees coming! in contact with the milk, milk products
and containers aforesaid, including the equipment, wear
elean outer garments and’ maititain cleanliness at all times
. while engaged in the bottling, packaging, sealing and pas-
teurization of said milk‘and rfilk products sold by the plain-
tiff; that all vehicles used by the plaintiff for the trans-
portation of milk or milk products are completely enclosed
and so constructed\and operated as to protect-the milk or
milk products: from the sun and freezing and from conta-
"mination ; that said vehicles are kept clean at all times and.
no substance capable of contaminating milk. or milk prod-
ucts is transported with milk or milk products in any such
manner so as to permit contamination to exist. Plaintiff.
pte eee v
aan - he Co plaint. ~ Fu see Pe
further alleges that all said vehicles used by it in the dis-
tribution of milk or milk products bear its name as: dis-
&
tributor prominently displayed thereon. _.’ -
8. Plaintiff further alleges that the milk plant-and re-
ceiving station at Chemung, Illinois, where its milk _
2223 and milk prodacts:are bottled, packaged, sealed, pas--
teurized and made ready for sale has been inspected ,
and approved by the Board of Health of the City of Chi-
cago, for the sale of Grade A milk and cream in the City of
Chicago at wholesale; that said gt exists at this time -
and permit for the sale of said milk,and milk products from
-said plant, and of said plant is sh by Permit Number
1527 for said milk receiving station described therein ; that
said permit was issued hy said above Board of Health and
is in full force and effect at this time ‘and has been ex-
tended to the plaintiff herein by the Board of Health of the
City of Chicago, and said plant is being daily operated in:
conformity with all the rules and regulations of the Board
of Health of the City of Chicago and all the provisions of
_ said ordinance of-said City therein described; that under
said permit, thousands of gallons of milk and milk. prod-
ucts are now’being sold daily in the City of Chicago. _ 4
~ 9. Plaintiff further alleges that in.excess of one million’ ,
‘*Pure-Pak’’ single service non-absorbent containers are
_ being used daily throughout the cities and villages in the
United States, by and’ with the consent of their respective
* boards of health and health commtigsioners, in the sale of
- milk and mu products; that plaintiff at this time, is de-
livering milk and milk ,products in. said same above de-
scribed containers to several hundred consumers and_{o Te-
tail dealers daily in said cities and villages heretofore de-
‘scribed and set forth-in Paragraph Two of this Complaint; |
that said volume of business is in excess of Six Thousand
Dollars . ($6,000.00) per month at the present time
2224 and said milk and milk products are being sold from
and distributed ig: twelve sanitary refrigerated one
and a half ton milk trucks, manufactured by International
Harvester Company, and said trucks in every. respect com-
ply with all the rules and regulations of fhe Board of .’
Health of the City of Chicago and ‘the provisions of the *
ordinance hereinabove described in this Complaint.
- 10. Plaintiff further alleges that said above. described’.
‘containers are standard milk bottles and standard milk
' containers; are used daily in large quantities of a million
in the followjng cities in the United States: Detroit, Cleve-
Ps 3g -* ~ :
Complaint. binges 7
oN
land, Washington, D. C., Toledo, Pittsburgh, Philadelphia,
Harrisburg, Pa., New. York City, Baltimore, Trenton,
N. J., Ardmore, Pa., Boston, Jersey City, N. J. San Fran- -
cisco, City of Superior, ‘Wis.,“City of Wilmington, Del.,
fown of Montclair, N. J., and numerous other large cities ;
iat said use of said ‘‘Pure-Pak’’ container in said cities
and states is, and has at/all times been, by and with the ~
consent and approval of the respective boards of health of
said cities and states; that said use in said cities and states
has. been, approved and permitted for several years past and
the same hasghen ‘and is now without the slightest prej-
udice or dang€r to the, health of the millions of users, and
the ‘millions of purchasers and consumers of milk and milk
- products sold in said ‘‘Pure-Pak’’ containers in the cities
= - and states aforesaid; that said sales and transactions in
said cities and states aforesaid and throughout the United
-_ States amount to more than One Hundred Thousand Dollars -
($100,000.00) per day and the money and property —
e 2225 used and \nvested in said same machinery and equip-
-ment useq@ in the bottling, packaging, sealing and
pasteurization-of milk sold in ‘‘Puré-Pak’’ non-absorbent
single service containers amounts to approximately Fiye,
- Hundred Thousand. ($500,000.00) Dollars.
11. That said “above described containers are standard.
‘milk containers and are excellent for their use from a sani-
tary standpoigt; that they are safe and sterile and prevent
multiplicity of- handling. and use of the same eontainer |
again; they are light for handling and safe and sanitary in
sealing, pouring and in the retention of milk for use and
consumption from day to day; that said container fully
complies with the rules and regulations of the Board of
Health of the City: of Chicago and the provisions of ‘said
ordinance descrjbed with regard to sealing, non-absorbent
material, pasteurization and all. other provisions and sec- *
tioris of said ordinange dealing with the handling and sale
of milk and milk products at retail in the City of Chicago
in quantities of less than one gallon; that piaintiff’s place
of busiriess,. ats vehicles, methods and equipment used in
the sale of-milk and milk products are in every respect -
—Aanitary and fit for the uses and purposes of selling milk
and milk products-to the public in the City of Chicago; that
_ the same comply with the provisions of the ordinance of
the City of Chicago, described: above, and the rules and
.. regulations of the Board of Health of the City of Chicago .
at this time. - — %. es sg a
fe 4 o ° a
>
. Y
9
ere Complaint. |
12. Plaintiff alleges that on January 11th, May 27th and .
June 2nd, 1937, requests and applications were made.
2226 to the President of and to the Board of Health of the.
City of Chicago for and on behalf of plaintiff for per-
mission and, license under said ordinance, licensing and
allowing plaintiff to sellg of offer for sale, expose for sale,
dispose of, exchange, or deliver, milk, or-milk products for
human consumption in- said ‘‘Pure-Pak’’ non-absorbent:
single service container; that said request and application |
was made in writing on the days aforesaid and with it, |
substantial and considerable statistical data from respon-
sible and recognized, authorities on the subject, after due
search and investigation, with regard to the safety and
sanitary stérile and non-absorbent quality of said container
and the same was‘submitted to and filed with. the Board of.
Health of the City of Chicago for study, consideration, ex-
amination and analysis so that said license and permit to
sell milk and milk products might be issuéd to the plaintiff .
by the aforesaid Board of Health; that applicatiog and re-
quest on behalf of plaintiff was made to and of the Board
of Health of the.Cit¥ of Chicago on January 23, 1939, for
license and permission to be issued to the plaintiff for the
sale of Grade A milk and milk products at wholesale in —
the City of. Chicago from the plant hereinabove described ;
that on, the 23rd day of January, 1939, plaintiff made re-
of and application to the Board of Health of the
ty of Chicago for a license or permit to sell milk of:
Grade A quality together with milk products in the City of
- Chicago and said application and request was made pur-.
suant to and in @$nformity with all the. provisions of -
2297 the ordinances’ of ‘the City of Chicago and the rules
and regulations of the Board of Health and the pro-
. visions of said ‘‘Mayor Kelly Milk Ordinance’’; that plain-
- tiff delivered with said application a check.in the amcunt .
of $60.00 payable.to the City Collector of the City of Chi-
cago for said license ¢nd for use of its twelve.trucks to be
used in the sale and distribution of milk by plaintiff ,in
said containers in the City of Chicago; that plaintiff tend-
_- ered submission of any and all other information and data
_ Necessary and required or requested by the Board of Health
_ of the City of Chicago for the issuance of said permit and
license in order te be entitled to a permit or license under
said ordinance #hd the rules and regulations of the Board
of Health for the sale of Grade A milk and milk products -
in said container in the City of Chicago; and plaintiff now
Sate . Complaint. Be.
stands, and has for a year past stood ready to furnish any
and all further information and data requested or required
by said Board of Health ‘and to satisfy it that gene is
qualified and entifled to use said container in
and applications aforesaid, plaintiff has not to date re-
- eeivedvsaid license or.permit from the Board of Health of
the City of Chicago,or the Heakh Commissioner of ‘the
City of Chicago. ;
13. Plaintiff further alleges that it cin now sell Grade A -
milk and milk products in said container in the City of
Chicago at this time to retail storesefor consumers of milk
- and milk products and plaintiff is now ready; _—
2228 and able, and desirous of using said containers in saic
. City for the sale of Grade A milk and milk products
in Baid container to a large number of stores and retail
dealers and to the consumer public; that certain milk dis- |
tributors are desirous and reagy to contract with plaintiff
to buy from plaintiff.milk:and milk products in said con-
tainer at Eight Cents ($.08) per quart; that the Board of
Health of the City of Chicago, by Dr. Robert A. Black,
acting Health Commissioner of the City of Chicago, after —
' réquest was again made, verbally refused permission: and
consent to use said container in the City of Chicago on Jan-
-uary 5, 1939; that.said defendants above described con-
tinue to deny and refuse plairitiff permission to use said
container; that said refusal is arbitrary, capricious, un-
reasonable and unlawful, and as a result thereof, causes ..
substantial financial damage to the plaintiff daily; and also
does other irreparable injury to the plaintiff in an amount
of;and in excess of Three Thousand Dollars ($3,000.00) at
* this time; and said damages continue to increase daily with |
said refusal. ;
14. Plaintiff further alleges that on the -5th day of No-
- yvembér, 1936, request and application was made to the .
- Board of Health of the City of Chicago, under the provi-
sions of said ordinance for a license and permission to
sell Grade A milk and milk prodtcts to be issued to plain-
’ tiff so that plaintiff would be permitted to use said ‘‘Pure-
Pak’’ non-absorbent single service containers in the sale
and distribution of Grade A milk and milk products in the
City of Chicago; that on May 14, 1937 and to this .
2229 date plaintiff has been refused or denied a permit
_ for its use and said denial continues daily; that said
denial and refusal is, under the provisions of said ordi-
e City of
Chicago; and plaintiff further alleges that to said request —
7?
is
mY ee
a
10 | Complaint. etn
nance and the rules and regulations of said Board of
Health with regard to the distribution and sale of milk
and milk products by plaintiff in-the City of Chicago, un-
‘reasonable, capricious, discriminatory, invalid and in vio-
lation of the provisions of the Constitution of the State of
Illinois and the provisions of the Constitution of the
United States of America; that said refusal of said permit
and license to the plaintiff by the Board. of Health of the
City of Chicago’at this time is unlawful, unreasonable,
capricious and without any basis from a health and sani-
tary standpoint under the provisions of said ordinance
‘and the rules and regulations.of the Board of Health; that
said refusal has, and does irreparable damage to the plain-»'
tiff daily and has resulted in sub8tantial damages and re-
sults in the taking -of plaintiff’s property without due
process of law, to great damage of the plaintiff in the Joss
of sales,. profits, trade, customers, valuable contracts, and
the loss of gains from the sale of milk and milk products’
in said City of Chicago. daily.
-15. Plaintiff. further alleges that it verily believes that.
its use of the.‘‘Pure-Pak’’ non-absorbent : single service
container in the City of Chicago without said permit or
‘permission’ from the defendants will result in resistance
and interfegance by the said defendants; and plaintiff
verily believes that it will be prosecuted in courts of com-
petent jurisdiction-and that it will be otherwise harassed,
: annoyed, interfered with and resisted by said. re-
2230 spondents if said contziner is used in this City, as
aforesaid, without permission being first givén by —
said deféudants; and plaintiff further says that said inter-
ference will result in the loss of large sums of money to
- the plaintiff daily; and do other irreparable injury and.
much damage to plaintiff’s business. Pie
16. Plaintiff further alleges that said container is used
daily by and with the consent of the State Department of
- Public Health of the-State of Mlinois; that said container
complied with ail the pertinent and relevant provisions of
the statutes of the State of Illinois with regard te all sani-
tary and health measures now in force for the protection
.and preservation of public health and for the promotion
of the general welfare of the residents of the State of -
Tilinois. .
17. Plaintiff further alleges that said hereinbefore de-
. scribed ‘‘Pure-Pak’’ containers are now used daily by
¢
Nee cae
J ets Herrin
\
Complaint. s 1
| cube approved milk §na dairy plants in approxi-
~ mately two hundred municipalities in the. United States of
America; that several of these ‘sdid milk plants are. operat-
- ing under the provisions and rules and\regulations of the
United States Public Health Service Standard Milk Ordi-
nance, similar. in substance to the‘ordinance and rules and
regulations of the City of Chicago and Board of Health
of the City of Chicago; that the operations ofthe plaintiff
_ in the sale and distribution of Grade A milk and milk prod-
ucts in said containers outside of the City of Chicago have
been approved by the State Department of Public Health’
- of Illinois and said operations given,a rating of over ninety
_ pereent. (90%), which rating exists at this time.
2231 18. Plaintiff further alleges that said described
: conduct of the defendants in this controversy is, dis-
criminatory, unreasonable, unlawful and prejudicial to the
. plaintiff without any. just cause in fact or in law; and said
conduct results in daily irreparable damage to the plain-
.tiff and deprives the plaintiff of the equal protection of
‘the laws in violation of the Fourteenth Amendment to the
Constitution of the United States and Section Two of Ar-
ticle Two of the Constitution of the State of Illinois, and
- Section Thirteen of Article Two of the Constitution of
the State of Illinois; and said acts of the defendants in
this controversy deprive the plaintiff of its property with- .
out due process of law. see |
_ 19. Plaintiff states that in and by the provisions of said
“*Mayor Kelly Milk Ordinance of the City of Chicago’’
hereinabove referred to and incorporated in this Complaint
by reference thereto and attached as Exhibit ‘‘B’’ it is
provided in part as follows: sas
| “«3090. Labeling and Placarding. All bottles, cans,
packages, and other containers enclosing milk or any milk
1a defined in this ordinance shall be plainly marked
or labeled with the following and: only such other informa-
tion as may be désignated by the board of health: , —
_ 1. The name ofthe contents as given in the definitions
in this ordinance. , ve
_ 2. The word ‘‘pasteurized’’ only if the contents. have
- been pasteurized. an ee
3. The word ‘“raw’’ only if the contents are,raw.
4. The ngme_and address of the producer if the con-
tents are raw, and the name and address of the plant at -
~~ Se . Kee
Sete Complaint.
which the contents were pasteurized if the contents. were
pasteurized.
2932 5. In the case of vitamin D milk, the designation
“vitamin D milk,’’ and such other information as
may be required by the board of health.
6. The permit-number.
7. Onall cans, bottles and other containers of pasteur-
ized or certified milk, the words ‘‘to be-sold”’ and there-
after the day of the week of which the milk or milk prod-
uct is to be sold to the final consumer, the height of the
letters of the day of the week to be not less than 3/16 inch
on bottle caps, and not less than 5/8 inch on tags attached.
to each container when contained in cans.
8. On all cans and other containers of milk and milk
préducts received by pasteurization plants from receiving
stations, the day of the week received by the receiving
station. .
9.. The, word ‘‘milk”’ shall not appear or be uded on
‘any label, cap, receptacle, or container for any products
except those defined in this article as milk, skimmed milk,
buttermilk, cultered buttermilk, vitamin D milk, and any
‘other products designated by the board of health.” -
20. Plaintiff further alleges that the pertinent regula-
tions of the Board of Health ‘of the City of Chicago under
said ordinance concerning this controversy areas follows: |
‘*All caps or labels on, cans, bottles and other contain-
ers of pasteurized milk, cream and skimmed milk shall in-
clude the words ‘‘before’ noon’’ after the words ‘‘to be .
sold.’’
‘A proof-print or sketch of the bottle cap or cover, « or |
of the can tags and labels showing the size and arrange-
ment of the lettering thereon, shall be submitted and ap- ~~
proved by the board of health.
“When milk or milk préducts are ericlosed:i in bottles or
' glass jars, the name or address blown:into such bottle or
glass jar, or otherwise indicated thereon, shall not be other
than or different from that which is indicated on the “ey,
or cap thereof. ”
2233 21. Plaintiff further alleges that in and. AY Section
es 3094 of said ordinance, it is provided as follows:
any milk or milk products sold in quantities
of less than one gallon shall be delivered in standard milk
bottles; provided, however, that nothing herein contained | |
shall be constrved to prohibit on soda fountains,: : res-
fom .
Complain’. | : ee
ee — : °
taurarits, and similar establishments from dispensing milk
-- or milk products from sanitary dispensers approved by
the Board of Health * * °.’’ : oe ee
22. Plaintiff states that a footnote to this said section _
prepared by the Board of Health and published with said —
ordinance provides with respect to’ the purpose of using”
the standard milk bottle: i ES eee
“The use of standard milk bottles for delivering milk
and milk products in quantities less than one gallon.is re-
‘quired in order to prohibit delivery in such containers as
buckets, fruit jars, etc. which may be difficult to wash and
to subject to adequate Jactericidal treatment, which cannot
be filled and cappéd with the proper A oa yan used for
— purposes, and which it.4s often difficult to label prop-
erly.”’ : , eta Ps re
’ 23. Plaintiff alleges that the provisions of said ordi-
nance do not prohibit the use of the ‘‘Pure-Pak’?on-ab-
sorbent single service container hereinabove \described;
that no rule a1jd regulation of the Board of Health prohib-
its the use of said container and the denial by the defend-
ants of permission and license to the. plaintiff to use said
above described container is’ unreasonable, arbitrary, dis- -
- eriminatory and unlawful, and without any basis under the
provisions of said ordinance and the. discretion therein
permitted to the Health Commissioner. of the City of Chi-
cago under the provisions of said. ordinance witl regard
‘to the approval or disapproval of the milk container
2234 to be used in the sale of milk and* milk products in‘
the City of Chicago, is invalid, unlawful and capri-
cious, and results in discrimination at will, whim or caprice
.—&and without good cause or merit so as to prejudice plain-
tiff and to deprive the citizens and milk consumers of the
_ City of Chicago of the right and opportunity to purchase
and receive milk of Grade A quality and milk products in .
sanitary, sterile bottles or “Pure Pak”? containefs at -a
price equalling that charged for milk of the same quality
#nd quantity sold in glass container# or other packages
. at retail, in restaurants, hotels, and other dispensers of
food and.food products in the = Chicago; that said
ordinance contains no definition of a ‘‘standard milk bot- , :
tle’’ as used in said sections and paragraphs nor do any
footnotes and explanations of the sections and provisions
of said ordinance describe. in any form or manner, or in
detail, what a ‘‘standard milk bottle’’ is, its shape, size, -
14 : 4 Complaint.
or the material out of which said receptacle must be made;
- that said ordinance with regard to its restrictions and pro-
hibitions, if any ‘exist, against:the use of ‘‘Pure-Pak’’ non- -
absorbent single service containers in the City of Chicago
is unconstitutional and invalid and results in the depriving
of plaintiff of due process of law and equal protection of -
the laws contrary to the aforesaid Amendment to the Con-
«stitution of the United States; Section Two, Article Two - |
of the Constitution of the State of Illinois, and Section —
Thirteen, Article Two of the Constitution of the State of
Illinois; that said ordinance as applied to plaintiff’s
2235 use of ‘‘Pure-Pak’’ nor-absorbent single service con-
- tainers and their prohibition in -the use and sale, or
offer for sale, of milk and milk products in the City of.
Chicago, amount to the taking and damaging of the prop-
erty of plaintiff without just compensation in violation of .
Section Thirteen, of Article Two of the Constitution of the
State ag Illinois, and ‘said classification and discrimination .—
is void. | .
SARA AON A a nrc a
Wherefore, plaintiff prays: :
1. That this Honorable Court enter a declaratory judg-
ment in this controversy construing the law as to certain —
acts of defencants described herein and finding that: i.
(a) Said ordinances:herein described, and all the rules
and regulations of the Board of Health of the City of Chi-
cago do not prohibit and prevent plaintiff from using said
‘*Pure-Pak’’ ngn-absorbent single service container in the
City of Chicago for the sale‘of Grade A milk and_milk
products; or.to further declare that the use of said ®Sbve
container inf the City of Chicago is not contrary to or in.
violation of said ‘‘Mayor Kelly Milk Ordinance’’ or any
other ordinance and the rules and regulations of the Board
of Health of the City of Chicago. | —
(b) Or, to declare or decree that said ordinances of the
City of Chicago and the rules and regulations of the Board
of Health, in so far as they attempt to deny and prohibit
. and apply to the. plaintiff in. its use of said single service
_ container above described, are -invalid, unreasonable and _~
_ discriminatory and unconstitutional and of no.
2236 foree and effect with regard :to prohibiting the use
_. of said above container by plaintiff in the City of ~
Chicago in its sale of Grade A milk and milk products. .
\. 2. And plaintiff further prays that it be awarded a,
re ee
Complaint. . See
writ a injunction, restraining the defendants heeoiin from
in any form. or manner prohibiting and interfering with
thé, plaintiff in the, use of said ‘‘Pure-Pak’’ non-absorbent _
single service ‘container in the sale of Grade A milk and —
milk products in the City of Chicago. -
_. 3 That plaintiff be awarded all other relief in. ‘the
_ premises necessary and proper and in accordance with
law, equity and good conscience concerning its present and
future use of said container; and concerning and with re-
' gard to all health ordinances of ‘the City of Chicago:and -
said ‘‘Mayor Kelly Milk Ordinance’’ and the rules and
‘regulations of the Board of Health of the City ofyChicago; .
' that the defendants herein and each of them be ruled to
plead or answer this Complaint at a short date to:be de-
termined by this Court (and as is provided by the rules of
this Court) .and that upon issues being -joined- on said
pleadings in this controversy, and all motions therein, the °
- , same be set | y this Court for early hearing and dis: ;
position; and further that all other orders be entered in¢
‘this cause with regard to any early disposition of this con-
troveray, as is by rule of this Court now provided.
: Fieldcrest Dairies, (Inc.),
_ Plaintiff.
By: S. E. Dean, Jr.,
, * Dae Aethetend Agent and ——-
Gariepy & iechina : °
By Fred A. Gariepy,
; Matthews, Kaleth & Shapiro,
By Thos. A. Matthews, |
Attorneys for Plaintiff. . °.
2
2237 State of Illinois;
County of Cook, ee ald
S. E. Dean, Jr., on oath deposes and says that he is ‘the
duly ° ‘authorized agent and officer of Fieldcrest Dairies,
(Inc.) ; that he has read said Complaint above by him, sub-
seribed and knows the contents of the same; that said Com-
plaint is true in substance and in fact; that as to gaid alle-
gations with’ regard to information and belie therein
stated, affiant says that he believes the same are true.
| : 8. E. Dean, Jr.,
ia | eT :
*.
ry
ere
| ~ x ‘ Answer. |
February, sees.
‘Subscribed and Sworn to before me, - this 2nd day of
"William Jacobs, ;
(Seal) : Notary Public.
Endorsed: Filed Feb-2 1939 at 9:47 o’clock A. M. Hoyt
King Clerk.
Plaintiff’s Exhibit ” attached to coyplaint is omit-
ted at this point as it appears in the record as — A
attached to the Defendant’s Answer. o
- 2240 kad om, tout, the Stith day 00 Fereary, kD:
1939, came the Defendants by their atttorneys and ©
filed in the Clerk’s Court of said Court their certain An-
swer, in words aad figures . es to-wit:
2241 Ix THE Disraicr CourT OF THE ee States.
Erin ee: :
, 0 ANSWER.
The ‘defendants, the. City of Chiaaes: the members of
the Bogard of Health of the @ty of Chicaga, arid Dr. Rob-
ert A. Black, Acting President of the Board of Health of
the City. of Chicago, by Barnet Hodes, Corporation Coun- .
sel, and: Walter V. Schaefer and Charles P. Horan, As-
sistant Corporation: Counsel, their ‘attorneys, answering
the. complaint in this case say:
1. The City of Chicago has a population of approx- ©
imately three and one-half million. .During the year 1937
an approximate dajly average of 277,000 gallons of milk
were sold for consumption in the City ‘of Chicago. During |
the same period an approximate daily average of 27,500 ©
gallons of cream and 20,750 gallons of milk products,,. such
as buttermilk. and chocolate - milk, were sold for consump-
tion in the city. —
2. Milk, when properly produceid, processed and han-
-\ dled, is. the most nearly perfect human food. There is
Pure milk is an in
no article of humap food more generally used han milk. .
hispensable item in the diet’of infants —
- and children,. and it is.likewise an important. con-
2242.stituent part“of the diet of most invalids, and the
aged and infirm. Far more milk is consumed by in-
%
Answer. ei Sree |
fants and children than is °consumed by all of the other .
age groups in the population combined. oy
3, Although milk is an excellent human food, it is also’
an excellent medium for the growth ‘and transmission of
‘bacteria. The precise factors which make milk an ideal .
food for human beings of all ages also make milk a per-
fect food for bacteria. ene mea
ws °©=—sS4.:sSttatistics collected by the United State ~Public
Health Service show that during the decade ending with
Ahe year 1934, there was in the United States an annual
faverage of 43 reported epidemics eausing widespread ill-
ness and numerous deaths which have been traced directly
a improper milk supplies. Most of these outbreaks have
beet typoid fever epidemics, but unwholesome gmilk has
scarlet fever, dysentery and poliomyelitis. Impure milk ~
supplies have also resulted in the spread of bone and.
_ glanduler tuberculosis and infantile diarrhea, as well as in
the sprehding of diStases of an epidemic nature.
_ 52 Because of the grave menace to the health of the.
_ public generally which is inherent in an impure milk sup-
_ ply, and also because of the extreme susceptibility of in-
fants and children, who are the principal consumers of
milk, to the Presence. of disease .organisms, impurities,
~ ‘adulterants and forcign substances of all types in milk,
the maintenance of 2 pure and wholesome milk supply is
. one of the principal concerns of municipal government, ©
and has long been so recognized. .
_ 6. The United States Public Health Service has mani-
fested its recognition of the relation of pure and ‘whole-
some municipal milk aepoee -to the national public health
by the establishment o¥ a division to render assistance to
‘municipalities in formulating and enforcing regulations
eorncerning the production, processing and distribution
_ of milk, and in recent years the United States Public
2243 Health Service has formulated its ‘‘United States
__ Public Health Service Standard Milk Ordinance and .
Code,’’ and has actively urged the adoption of. the ordi-
nance and regulations which it: formulated, or of legis-
lation containing equivalent public health safeguards, by
municipalities throughout the country. - |
7. The health of the public-cannot adequately be pro-
tected against the hazards of an impure milk supply un-
less every step in the production, processing and distribu-
>:
‘also caused epidemics of septic sore throat, diphtheria, .
°
18 Answer. FE
tion of milk is carefully safeguarded in such a manner
that disease organisms present in milk are eliminated, and
_ the possibility of the introduction of disease organisms,
impurities, adulterants, or any foreign substances into |
milk is prevented during its production, processing and —
‘distribution.
8. Tuberculin tests for cattle are required i in the State
, of Illinois and almost,uniformly throughout the count
The plant and equipment of the farmer who, produces mi k
for consumption in fluid form, as well as the plant and
- equipment of each person subsequently. handling such milk
_ during the course of its processing and distribution, are’
regulated with a view to preventing the possibility of the
contamination or adulteration of milk.
9. The General Assembly of the State of Illinois. has
- conferred authority upon the City of Chicago:
‘‘To do all acts, make all regulations which may be
necessary or expedient for the promotion of health or the
suppression.of disease, »” (Til. Rev. Stat. 1937, Ch. 24, Par.
65, 77.) :
10. In the exercise of the powers onitervel upon it by.
the General Assembly for the protection of the health. of
the inhabitants of the City, the City of Chicago and its
Board of Health have adopted an ordinance.and rules and
regulations pertaining to the production, processin; _and_-
distribution of milk, a copy of which ordinance and rules
and regulations is attached hereto, and marked Ex-
hibit ‘‘ A.”’
g 2244 ««i11.. . The ordinance and the ‘ciliata of the city’
concerning the production, processing and distribu-
tion of milk cover every phase of the-handling of milk
' from the cow to the consumer because improper handling
of milk in the distribution thereof can and will nullify -
the effect of sanitary production and processing. Included
in the ordinance and .regulations of the City of Chicago
are the provesions assailed hy the plaintiff i in this case,
which are as follows:
Mvwitiantty | ¢ a | milk products sold in quanties
of less than one gallon shall be delivered in standard milk ~
bottles: * * *’’ (Revised Chicago Code of 1931, » git
amended, Section 3094.) i
.
: ‘
Answer. "190
a .
~ Item “10p.—Construction and Repair of Equipment and
a a a Containers.
> All equipment and containers with which milk or milk
products come in contact shall be constructed in such man-
ner as to be easily cleaned and shall be kept in good repair.
Satisfacto mpliance.—This items shall be a un to -
have been satisfied if: « - = | =p
(1) All surfaces with which milk comes in ct cqn-
sist-of smooth, not readily corrodible meta: .or ‘&nbroken .
vitreous material, and’ . “ oe
_ (2) All joints are soldered flush~with the surface or
otherwise fitted to avoid open seams, or the surface, if vit-
reous, is continuous, and Ee Sis . .
' (3) All surfaces with Which milk or milk products
come in contact are easily accessible for cleaning, and are |
self-draining, annd ee aes
(4) All containers and other equipment are in. good re-
pair, free of breaks and corroded’ places, and
.(5) AH equipment and containers. usedare approved
by the board of health. ”* * *’’ (Item 10p. of regula-
tions of board of health suppleniénting Section 8093. of
the Revised Chicago Code of 1931, as amended.)
12. The use of paper containers for the distribution of
milk is a relatively ‘recent development.’ Only within the
past five years has the paper manufacturing industry be-
come aware of the existence of. public health problems in
connection with the use of paper containers for articles
of food and drink. The attention of the paper industry
has Ween devoted. primarily to securing favorable‘ con-
sumer reaction to its products, and has ‘been devoted in
only a secondary sense, and in very recent years, to the
soggy osm problems inherent to the ust of paper con-
iners. 5 5 ® ; ; o
2245 13. The Board of Health for the City. of Chicago
--s has carefully watched developments in the field of
production of paper containers for milk and milk products ~
and has investigated the merits’ of all types of paper con-
‘tainers from a public health point of view. The de-
fendants are informed and verily believe that no. paper
container for fluid milk and milk products has so far been
‘ _ developed which is sterile, non-absorbent or sanitary. The
defendants allege as a fact that the so-called ‘‘Pure-Pak’’ : °
. container is neither. non-absorbent nor sterile, nor is it
- §
7
—
20 a etc Answer.
a sanitary container for the distribution of milk and milk.
roducts. No permit hasbeen issued by the Board of
ealth of {the City of Chicago for the use of the ‘so-called...
_‘*Pure-Pak’’ container, or any other type of paper con-
tainer for the distribution of milk or milk products in the’
City of Chicago. No paper container has evér been used . |
for the distribution of milk or milk products in the City
of Chicago. 2 ae? .
14. The refusal ‘of the Board of Health to permit the
use of paper containers: for the distribution of milk and .
_ milk’ products in the City of Chicago-has been in the per-
. formance of its duty to protect the health of the inhabi-
- tants of the City of Chicago, and has been pursuant to
the ordinances of the City of Chicago and ‘the rulés and
-reguiations of the Board of Health. It has in no sense
been arbitrary, capricious, unlawful or discriminatory.
15. The defendants admit that the plaintiff is distribut-
ing milk and milk products in so-called ‘‘Pure-Pak”’’ con-
tuiners in some of the suburban communities in the vicinity
‘ of Chicago. The defendants also admit that the Board of
Health has issued Permit No. 1521 to the plaintiff for the
operation of a milk receiving’ station at Chemung, II-
linois; but deny the allegations of paragraph eight of the
complaint that ‘said milk receiving station has been in-
spected and approved by. the Board of Health for the sale
of Grade ‘‘A’’ milk and cream at wholesale in the City of
Chicago. The defendants specifically deny that the Board
of Health of the City of Chicago has inspected and
2246 approved the pasteurization plant of the plaintiff at
emung, Illinois,,and allege that no milk or milk
products pasteurized in said milk receiving station are be-
ing. sold or may rating | be sold in the City of Chicago.
16. The defendants bave no knowledge or information
‘wafficient to form a belief as to the truth of the following
allegations of the complaint:
(a) As to the allegations of paragraph one concerning
_ the corporate organization of the plaintiff. |
(b) As to the allegations of paragraph two concerning
the amount in the controversy and the alleged expendi-
tures of the plaintitff. . |
(c) As to the allegations of paragraph three concern-
ing the objects of incorporation of the plaintiff.
(d) As to the’allegations of paragraphs three, nine,’
ten and seventeen concerning the use of so-called ‘‘Pure- ‘
4 i s
Answer. . 21
{ . ‘
‘Pak’’ containers in certain specifiéd cities and compliance _ -
_ with the applicable health reguldtions of said cities. a
(e) As to the allegations of paragraphs nine and ten
of the complaint: concerning the financial volume of the
business done by the plaintiff and others in the. distribn-
tion of milk and milke products in the sd-called ‘‘Pure-
Pak’’ containers, and concerning the amount of money pe
vested in equipment for making said containers. Se
(f) As to the allegations of*paragraph thirteen of the
complaint concerning the financial injury alleged to, result
to the plainttiff because of the deféndant’s refusal to per-
mit. the use of*so-called ‘‘Pure-Pak’’ containers for tlte
distribution of. milk and milk products in Chicago.
(zg) As to the allegations of paragraph sixteen. con-
. cverning the consent of the Department of Public Health
of the State of Illinois as to the use of said so-called
**Pure-Pak’’ containers. ;
2247 17. The defendants have no knowledge or, informa-
tion sufficient to form a belief as to the. truth of the
allegations of paragraph four of the complaint concerning
the issuance and renewal of a permit for the pasteurization ©
plant of the plaintiff by the State of Illinois; butdefendants
allege that the issuance or the renewal of such «hermit has
‘no bearing upon the legal right of the plaintiff to sell milk
pasteurized at said plant within the City of Chicago.
18: With respect to the allegations of paragraph seven |
“of the complaint defendants deny that the paper from which »
the so-called ‘‘Pure-Pak’’ containers are made, the metho
of manufacturing and processing said paper, and the -mg-
chinery and process vig 27 fa in forming and filling said
containers are such as will adequately protect the public
— when such containers are used for the delivery of
milk. p He
19. The defendants deny the allegations of paragraph
eleven of the complaint, and specifically deny that the so-
called ‘‘Pure-Pak’’ container is a standard milk bottle or
standard milk container. - : |
20. With respect to the allegations of paragraph fifteen
of the complaint the defendants admit that the ordinances -
of the Citr of Chicago and the rules and regulations of the
Board of Health of .the City of Chicago pertaining to the
production, processing and distribution of milk, will be
enforeed, and that the violation of said ordinances will be
prosecuted. The defendants have no knowledge or informa-
ee . Answer. ‘ee
tion sufficient to form a belief as to the truth of, the other
allegations of paragraph fifteen. .
21. The use of paper containers, iffcluding the so-called ©
‘*Pure-Pak’’ contain for the distribution of milk and
milk products in the City- of Chicago is prohibited by the
- ordinances of the City and the rules and regulations
2248 of the Board of Health. Said prohibition‘is a proper
__ exercise of powers -validly conferred upon the City
by the. General Assembly of the State of Illinois for the
protection of the public health of the inhabitants of the City; ©
its enforcement deprives the plaintiff of no rights guaran-
teed-to itsby the Constitution of the United States or of the
. State of Illinois.
: , = City of Chicago, a Municipal Corpora-
; _ tion, the Board of Health of the
City of Chicago, Robert A.-Black,
ae - Health of the City of Chicago, .
: ee Defendants,
By Barnet Hodes, |
Corporation Counse
Walter V. Schaefer, )
Asssstant Corpo ation!
. | Counsel of the Cily-of
Chicago, .
Charles P. Horan,
; } Assistant ‘Corporation
ont ak Counsel of the City of
‘Chicago, .
* | Their Attorneys.
ae ae
acting President of the Board of :
ou
E — —-
a
= . 4. As ¥, Byte Pee oe fae Ok it
had, kt, A , + SE ie ee Dal ak Sit, le
.
iy .
. -
-
Exhibit “4. : 23
22490 EXHIBIT “A”.
2250 -« Reprint Of. The .
Mayor Kelly Milk Ordinance
, ' ‘Passed by the City Council ; e%
ey January. 4, 1935 r
and of the | . |
. 3%
i Rules and Regulations
ate - of the Chicago Board of Health
ay : : Adopted January 8, 1935 |
for: the. establishment of .
~ Standards and Requirements
- For Milk And Milk Produets
(Cut) * : ‘
City of Chicago
Edward J. Kelly, Mayor
Board of Health
. Dr. Herman N. Bundesen, President
; » 1933-1935
o? _ The City Council *
r :
Chicago
Honorable Edward J.. Kelly) Mayor
Ald. J. M. Arvey, President Pro Tem.
Peter J. Brady | i Edw: J. Padden |
, City Clerk a 4 Chief -Clerk
Ward John J. Coughli
és nd Ward William L. Da
PB Aigo 3rd Ward Robert R. lain
4th Ward B. A. Cronson
te ro La James J. — Jr.
; ard John F. Heal | .
—” Wth Ward Thomas J. Daley ; |
_ 8th Ward David L. Sutton yor ,
9th Ward Arthur: G. Lindell '
, 10th Ward William A. Rowan eae 5 ;
11th Ward Thomas A. Doyle . : ;
12th Ward Byran Hartnett ae ae .
13th Ward vn 3 Egan :
r;
_ Exhibit “A.”
; 14th. Ward James J. McDermott - ;
15th Ward James F. Kovarik | :
16th Ward Terrence F. Moran /
~ 17th Ward Frank J. Corr
18th Ward Harry E. Perry
19th Watd O. E. Northrup
20th Ward William V. Pacelli
21st Ward John J. Lagodny
22nd Ward Henry Sonnenschien
23rd Ward John Toman —
24th Ward J. M. Arvey .
25th Ward James B. Bowler
26th Ward Frank FE. Konkowski
27th Ward Harry: L. Sain
28th Ward George D.. Kells.
29th Ward Thomas J. -Terrell
30th Ward John S. Clark
3lst Ward Thomas P.‘Keane .
38nd Ward Joseph P. Rostenkowski
33rd Ward Z: H. Kadow * ,
34th Ward Matt Porten
35th Ward Walter J. Orlikoski
36th Ward George W. Robinson B
37th Ward Roger J, Kiley
38th Ward Henry J. Wieland
39th Ward James J. Hurley.
40th Ward Joseph C. Ross -
41st Ward James: C. Moreland
42nd Ward Dorsey R. Crowe ©
* 43rd Ward Mathias Bauler SL
44th Ward John J. Grealis } sa
45th Ward Edwin F. Meyer ° .
46th Ward Oscar F. Nelson
47th Ward Albert F. Schulz
48th Ward John A. Massen-———
49th Ward George A. Williston
50th Ward James R. Quinn
' Committee on ; Health
ve TerrellChairman ; Ross, Vice-Chairman; ‘Sutton, Egan,
Moran, Northrup, Kells, Orlikoski, Robinson, Kiley, Wie-
' _ land, Moreland, Meyer, Schulz, WillistonsArvey (ex officio).
_ Exhibit “A.” : 25
.Board of Health oes
Dr. Hernan N. Bundesen, Srcihdent: Dr. Louis E.
Schmidt, Secretary; Dr. Francis A. Dulak, Prof. Edwin O.
Jordan, Mr. Harry J. Reynolds, Members. ‘
2251 * " Milk and Milk Products
— Standards, and —"
Section a
3082. Definitions.
3083. Sale of adulterated ‘and: sdaheiusiiod milk or - milk
- products prohi’ ited.
3084. Permit to sell—vehicles to bear. permit peneuaiitt
' © revocation of permit—hearing.
3085. Sale of milk or milk products—license reqiatred:
3086. Application—se i grb license for each place of busi-
ness—change of location. © .
3087. License fees.
.3088. #Vehiclues to display license emblem on windshield.
- 3089. Revocation. of license.
* 3090. Labeling and placarding. ‘
_ 8091. Inspectidbn of dairy farms and milk plants report
er - to be posted. :
3092. Examination of samples.
. 3093. Kinds of. milk—requirements.
3094. Dipping—delivery - containers—delivery at cana’
- tined places.
3095. Products shipped from beyond limits.
3096. Notification of disease. *. ;
3097. Suspicion of infection—procedure. *
3098. Limit of time of sale.
3099. Penalty.
(For purposes of explanation:
The ordinance is printed in heavy-face type as used in
this sentence.
The rules and regulations are > printed i in light face type
as used in this sentence. -
The public health reasons are printed in smaller light-
face type as used in this sentence.)
CZ , ; seth
26. : Exhibit “A.”
3082. Definitions.) The following definitions shall ap-—
ply in the interpretation and the enforcement of this article: ~
_ (A) Milk. Milk is hereby defined to be the lacteal secre-. -
tion obtained by the complete milking of one or more healthy
cows, excluding that obtained within fifteen days before and
five days after calving, or such longer period as may be
necessary to -render the milk. practically colostrum free, -
which contains not-less than eight and one-half per cent.
_ of milk solids-not-fat, and not..less than three and one-
' fourth per cent of -milk fat. - fdr
Public health ‘reason.—The food value of milk depends
upon its solids-not-fat and its milk-fat content (which, in
turn, determine the content of proteins, carbohydrates,
- minerals and certain vitamins). If either of these ws re-
* duced below the range for normal market milk, the food
' value is reduced. Practical experience shows that three
and one-fourth per cent milk fat and eight and one-half
r cent solids-not-fat are reasonable minima for mixed-
erd milk. Colostrum tends to produce intestinal disturb-
ances in children, and milk is apt to contain colostrum if
ri eng within fifteen days befere or five days after
ealving. ~* ree
Satisfactory compliance.—This definition shall be deemed
to have been satisfied: Se
(1) When there is no evidence that cows are milked
within fifteen days before ‘or five days after calving, and
when no colostrum can be detected in the milk. , '
(2) When the milk-fat content, as. determined by. the ,
Babcock, Mojonnier,’or other recognized test; is three and
one-fourth per cent or more.
(3) When the milk solids-not-fat content .is eight: and
one-half per cent or more, as determined from the milk-fat
percentage and the specific gravity, or by other approved.
methods, provided that failure to satisfy this requirement
shall be regarded as merely presumptive evidence of water-
ing, and that this evidence shall be confirmed by eryoscope, _
refractometer, or other approved test for added water. |
(4)° When the milk is clean, free of sediment, and has
a normal flavor, odor and appearance. ©
(5) When the milk comes from cows which have been
t
_ properly, fed. f ;
(B) Milk Fat Or Butter Fat. Milk fat or butter fat is
the fat of milk. «© , : 5 :
WN)
—
| Bahibit “A” oe
(C) Sweet Cream; Sour Cream. Sweet cream is a por-
‘tion of milk.which contains not less than eighteen per cent
| milk fat, and the acidity of which is not more than 0.20 ©
2252 per cent, expressed as. lactic acid. Sour cream isa
-- ” portion of milk which contains not less than eighteen
per cent milk fat, and the acidity of which is more than 0.20
per cent, expressef as lactic acid. ;
- (D) Skimmed Milk. Skimmed milk is milk which has
a milk fat eontent of less than three,per cent. : 5
(E). Milk Beverage Or pte Sg °
- . milk beverage ov a skimmed-milk beverage ®& a food com-
pound or confection consisting of milk or skimmed milk, .
. as the case: may be, to which has been added a syrup or’
flavor consisting of wholesome ingredients. 2
(F) Buttermilk. Buttermilk is the ‘product which re-
_mains when fat is removed from milk or cream in the
process of churning. It contains not less than eight and
one-half ‘per Gent of milk solids-not-fat. .
(G) Cultured Buttermilk: Cultured buttermilk is the
product resulting from the souring of treatment, by a lactic _
acid culture, or other treatment approved by the board ©
of health, of milk or milk products. It contains not less
than eight and one-half per cent of milk solids-not-fat,. and
shall be pasteurized before adding the culture. .
(H) Vitamin D. Milk. Vitamin D milk is milk the vita-
- min D content of which has been increased by a method and
in an amount approved by the board of health. :
(I) Reconstituted Or Recombined Milk and Cream. Re-
constituted or recombined milk and cream are. products
' resulting from the recombining of milk constituents with —
water or other combining substance in accordance with the
rules and regulations of the board of health, and which com- —
ply with the standards for milk fat and solids-not-fat as
. defined herein. — ;
All milke and mille products used in reconstituted or re-
combined milk and cream shall conform to the requirements
set forth in the ordinance and rules and regulations of the
board of health pertaining to milk and milk products.
No person shall reconstitute or recombine milk, or any
milk products to be served or sold, without first ini
_the-approval and permission of the board of health.
(J) Milk Products. Milk products shall be taken to |
i )
Ca +
\
‘
* & e:.
(.
a + Eahibit “A.”
mean and include sweet cream, sour cream, vitamin D. milk,
buttermilk, cultured buttermilk, skimmed milk, milk bever-
ages, and skimmed-milk beverages, 2nd such other products
as may, from time to time, be designated by the board of
health. oe :
This item shall include all miik products which are -used
in the manufacture of ice-cream and other frozen confec-
tions of a similar nature, such as butter, milk powder, —
skimmed-milk powder, and cream powder, condensed, con- --
-centrated and evaporated milk-and skimme¢ milk, and other
milk —— designated from time to time by the board
of health. oi :
(K) Pasteurization. The terms ‘‘pasteurization,’’
‘‘pasteurized,’’ and similar terms shall’ bé taken to refer
to the process of heating every particle of milk or milk —-
.uets to. a temperature of not less than 144° F., and holding
at such. temperature for not less than 30 minutes in par- ~
teurization apparatus approved by the board of health,
provided that approval shall be limited to apparat hich
requires a combined holder and indicating ther eter
temperature tolerance of not*more than 14° F., as shown |
by official tests with suitable testing equipment, and pro- ,
_ vided that such apparatus shall be operated as dir by 1
the board of health and so that the indicating thermometers -
* and the recording thermometer charts both indicate a tem- .
perature of not less than 144° F., continuously throughout,
the holding period. - Provided that nothing edntained in
_ this definition shall be construed as disbarring any other
process which has been demonstrated as of at least equal
efficiency and-is approved by the board of health.* |
(L) Adulterated Milk And Milk Products. Any milk
or a milk product not conforming with the requirements. of
composition and ‘sanitation required by this article, or to
which any substance has been added, except as may be
specifically permitted by the board of health, shall be
deemed adulterated and misbranded. a ae
Any milk or milk produci shall be deemed to have bee
misbranded if it is not labeled in accordance with the re- “
quirements of Section 3090 of this article. :
2253 (M) Milk Producer. A milk producer is-any per-
son who owns or controls one ‘or more cows, a part
or all of the milk or milk products from which is sold.
* For the discussion of the eniorcement of this definition, see Section.
3085, item 16p, Grade A Pagteuribed “Milk.
>
ee “eae eee a:
(N) Milk! Distributor. A milk distributor is. me, &
son who offers for sale, or sells, or delivers to another, _
| _any milk or milk products for human consumption.
(O) Dairy or Dairy Farm. A dairy or dairy farm is
any place or premises where one or more«cows are kept, a
part or all of the milk or milk mene from which ees
uP or delivered.
(P) Milk Plant and Milk Receiving Station. A milk
plant is any place, or premises, or establishment where milk
or milk nan vag are collected, handled, processed, stored,
. bottled, pasteurized, or prepared for distribution. A milk
receiving station is any place, premises, or establishment
where milk is collected, handled, or processed preparatory
to pasteurization elsewhere. .—
. (Q) Board ‘of Health. The term, ‘‘board of: health,’’
shall mean‘the board of health of the City of Chicago, or
its authorized representative.
(R) Average Bacterial Plate Count, ies Redue-
tion -‘Time, and Average Cooling Temperature. Average
bacterial plate count shall be taken to mean the logarithmic
average of the bacterial plate counts of the last four con-
secutive samples, taken upon separate days. Average re-
duction time shall be taken to mean the arithmetic average |
of the reduction times of the last four consecutive samples,
taken upon separate days. Average cooling temperature |
shall be taken to mean the arithmetic average of the tem-
peratures’ of ‘the last four consecutive samples, taken upon
separate days.°
(8) Inspection Period. The inspection period shall be
such period of time as thé board of health may designate,
within which compliance with this article and. the rules .
and regulations.of the board of health shall be determined
- for all milk and/or milk products, provided that the.in-
spection period shall in no case exceéd six months.
(T) Bactericide. The term ‘‘bactericide”’ shall be
taken to mean any bactericidal substance or process ap-
-~ proved by the board of health.
_There are several dactericides which may be used in
te a discussion of bacterial plate count ‘and reduction time, see
ion 3083, Setten neta regulations. For a discussion of ae temperature,
| Sar and 17p.
X -
om “ ¢
aw
ie Bahibit A.”
complying with this ordinance.” These consist generally ;
of calcium hypochlorite, sedium ss aucacaen, or vertain
chloramine solutions.
Calcium hypochlorite —Calcium bilbochlorite (chlori-
nated lime) is a chemical compound used. as a disinfectant.
A satisfactory method of preparation is to make a.
- smooth, watery paste of 12 ounces of calcium hypochlorite,
“ adding’ the water in very small quantities at first, and
bringing final wolume of.this stock solution to one \
gallon. This solution should be kept tightly stoppered. in .. |
a’ cool, dark place. An earthenware or brown glass jug
is a satisfactory container. One tablespoonful of this stock
solution to each gallon of riffSé water will make a solution
of an effective strength, which will not be so stgong as to
injure hands or udders. A fresh stock solution should be
made every ten days, and any old solution hheows away
or uséd to deordorize privies, etc.
A highly concentrated calcium hypochlorit is available -
which is more stable and more soluble than ordinary
chlorinated lime.’ <-
Sodium hypochlorite. —Solution of eodium hypochlorite
_ are on the market under various trade names.’ These
_. have usually been found to be as strong as the stock chlori-
nated lime solutions when prepared as above directed. Un-
sless otherwise instructed by the inspector, these ¢ommer-
_ _cial preparations of sodium hypochlorite should be made up
~~ in the se astecran .of .one pieremieee = gallon of ee
water.* ;
Testing of. Chlorine Solutions.
‘Every milk producer or distributor who uses a chlorine .
compound as a bactericide shall provide himself with a
testing devfte described herein, or sueh other-similar de-
. vice approved by the board of health, for the determination
of available chlorine. Chlorine solutions i in-usé shall con-
tain at least 50 parts per million of available chlorine, as
p ; shown - by the following test. Where the>chlorfne
2254 solution is used as a spray, the excess solution whi
_ ©The above. instructions assume that’ the strength will be ~
roughtly one hundred parts per million or more. It is believed\thit, as a
matter of precaution, no ch!orine solution should be used saa its strength
ee ee te ee Tee er ee
N
\
Q : \ . ¥ °
re hid “es ee
_ runs off or collects im\the equipment shall contain-at least
50 parts per million.” _
The testing outfit consists of two test tubes approxi-
mately 7/16 inch by 4 inches, one of which contains ortho-
tolidin. The other is fitted with a meditine dropper and
is used for testing the chlorine solution. It is etched
the 2'c. c. and 5 c. c. levels so as to
: mpke, ossible the
. dilution of the svlution to be tested to two-fifths of its
original strength, thus diluting an original solution of 60
parts per million or more to one of 20 parts per million or.
more,. which, as above stated, is the critical poffit for the
formation of tle precipitate when hypochlorites are tested.
Before any tests are made-with the apparatus, the medi-
cine dropper should be ‘tested to determine. whether it de-
livers drops of the proper size. To do this, simply count
the number of drops required to fill to the first mark of
the testing tube. Ifthe number required lies between
30 and 50,- the dropper is satisfactory. If not, discard it
and secure one of the proper size. . he 2
Directions for the Chlorine’ Test.
(1) Rinse the testing tube and its dropper thorgughly
with clean water. 7 . | :
_ (2) Fill the testing tube tothe lower mark with the
chlorine solution to be tested, using the dropper for this
purpose. (Avoid including floating particles.)
(3) Fill to the second mark with clean water, using the -
dropper for this purpose.. °
(4). Add one drop of orthotolidin. .
(5) Hold the upper part of the testing tube firmly with
‘one hand and tap the lower end of it sharply 50 times with
one or two fingers of the other hand.
(6) If, in the case of hypochlorites, reddish or brown-.
- ish particles separate out within five minutes, the solu-
tion testéd contains at least 50 p. p. m. of available chlorine.
* This test has been devised by the Office of Milk Investigatiohe of the
United States Public Health Service and measures that part of the
chlorine which is quickly available. # ; -
The test makes use of the fact that when the proper amount of
orthotolidin is added to a chlorine solution containing 20 parts per million-
or more, a precipitate is formed,- except .that in the case of. certain
chloramines the solution becomes cldidy.at chlorine concentrations having
a two-minute bactericidal st equivalent to at least the bactercidal
strength of 20 parts per m um hypochlorite. 5 :
. a ; . E % es ‘ 2
° P \ =
32 Exhibit ‘‘A.’’ ; ae
If, in the case of certain chloramines, the solution becomes
cloudy within five minutes, the solution tested has a bac-
tericidal strength for a two-minute exposure equivalent to
‘at least the bactericidal strength of 50 p. p. m. of sodium. ~
‘ hypochlorite.°° | sak
Other bactericides.—The board of health will not permit
the use of orm of.actericide until it has satis-
fied itself by its own or oter official tests that they are
satisfactory for use-in connection with milk handling, and
that. they are of adequate strength. Under no. circum-
stances shall formaldehyde or other*preservatives be used.
(U) Person... The word ‘‘person’’ shall mean ‘‘per-
son, firm, corporation, or association.”’ geen ca ;
(V) Goat Milk, Ewe Milk. Goat pfilk; ewe milk; are
the fresh, clean, lacteal secretions,fee from colostrum,
obtained by the complete milking/ of healthy animals other
than cows, properly few and kept, and conform in -name
_ .to the species. of animal from which they are obtained, and
shall comply with all of the requirements of this article
and the rules and regulations of*the board of health, with |
reference to pasteurized or certified milk, except for such ~
modifications. as the board of health may deem appropriate. ~
3083: The Sale of Adulterated or Misbranded Milk or
Milk Products Prohibited.) No person shall produee, sell,
offer, or expose for sale, or deliver, or have in possession
with intent to sell or deliver, any milk or milk products, all .
or any part of which is ultimately delivered or consumed
in the city of Chicago, which is adulterated or misbranded.
All milk and milk products, which do not comply with
the requirements as set'forth in the rules and regulations
of the board of health and/or the ordinances of the City
. of Chicago, may be condemned, and the shipper, producer
. or distributor, in whose custody or possession said milk or
milk products are at the time of condemnation, shall cause’ .
the same to be destroyed or retétned to the producer or.
shipper thereof, within such time as may be designated by ~
the board of health. | ; ,
—_ In order to determine whether a certain commercial preparation is
strong enough for: dairy use when mixed as directed on the label, mix a —
portion as directed on the label, then dilute half and half, and test for
SO parts per million by means of the above-described test. If a pre
cipitate appears, the directions upon the label may be approved.. Other-
wise, such larger quantity of the stock solution should be used by the
dairyman as will give a satisfactory test. _ :
_ ae
3 Exhibit.‘‘ A.”’ eee nae cae 33.
If at the end of such time said milk or_milk-products
have not been destroyed or returned, said milk or milk
products shall be destroyed by the, board of health, and the
permit of the possessor revoked. —
3084. Permit}to Sell. Vehicles to Bear Permit Number
—Revocation of Permit—Hearing.) It shall be unlawful
for any ‘person to bring into or receive into the city of.
. Chicago, for sale, or to sell, or to offer for sale therein,
or to have in storage where milk or milk products are sold
ex served, any milk or milk. product defined in this. —
2255 article, who does not possess a permit from the board
of health, and on whose vehicle there does not appear
in a conspicuous place the name and address of the milk
distributor and the permit number and such other identi-
- fication in such manner as required by the board of health.
Such permit may be revoked by the board of health upon’
the violation by the permitee of any of the provisions of .
this article or of any of thé rules and regulations of the
board of. health, or in any emergency when, in the judg-
‘ment of the board of -health, the milk or ymilk product
O25
handled by.the permitee has or may become a public health
menace, or in any case in which the permitee refuses the
board of health the right of entrance to any dairy farm, .
milk plant, or vehicle, or other place where milk or milk
products are kept or stored, for the purpose of inspection
or the collection and examination of samples; provided
that the permitee shall, after tbiding by such revocation, -
upon request have the right of a hearing before the board
of health.* Saeed raed ys 3
There shall appear upon each outer side of every vehicle
used for the transportation’ of milk or milk préducts a —
notice containing the words, ‘‘board of health -permit;’’ °
and, immediately thereafter, the permit number of the dis-
tributor, in figures not less than three inches high and one
and one-half inches wide; also the name and place of. busi-
ness of the distributor, and the word ‘‘milk’’ and/or the
words ‘milk products’’ in a prominent place, and in letters —
not less than six inches high, and of such other dimensions
as are approved by the board. of health. !
’ All milk and milk products distributors shall furnish
* This section permits the board of health to prosecute any persons who
: beh meng milk without notifying said board, and thus without
it
nspected. The periodic inspection principle of the ordinance
essary that the permit be renewed annually. s
.
34 * Eahibit “A.”
, the board of health. with the names and addresses of all
itinerant milk and milk products vendors to whom milk is
delivered, and with the names and addresses of all milk
producers, plants and receiving stations ‘supplying said ,
‘distributors with milk or milk products. ©
3085. Sale of Milk or Milk Products—License Re-
quired.) No person shall sell or offer for sale, expose for
sale, dispose of, exchange or deliver, or with the intent
so to do have in his possession, ‘care, custody or control,
milk or milk products for human food, without having
obtained a license for that purpose. - :
3086. Application—Separate License Required for Each
Place of Business—Change of Location.) Any person
desiring to be licensed, in accordance with and pursuant to
-the provisions of this article, shall make application in-
writing therefor to the board of health. - "
Such application shall conform to the general provisions
of this article relating to applications for licenses, and the
rules and regulations of the board of health, and shall
state the name and address of the applicant and the:loca-
tion of the ‘place at which it is desired or intended to ¢arry
on such business; it shall also contain a description of the
business which is to be engaged in, the description and.
number of vehicles to be used by the applicant (if any),
and such further information which may be required by
the board of*health. PEI
' The board of health, upon ‘receipt of such application,
shall investigate or cause te be.investigated, the place of
business deseribed. in such application, and the vehicles,
methods and equipment intended to be used by such appli- ;
cant. .
If such applicant, the place of business, and such ve- '
hicles, methods and equipment are found by said board of
health to be in a sanitary condition and fit for the uses
and purposes to which they are iritended to be put, they
shall transmit such application to the Mayor with the ap-
proval thereon,-and the Mayor shall thereupon issue or
cause to be issued to such applicant,-upon the payment “
by him to the city collector of the license fee as therein.
provided, a license attested by the city clerk, authorizing
such applicant to carry on, engage in and conduct the busi-
ness of distributor of milk or milk products in the city, in
_ the manner and at the place designated in such application, |
. and. to employ in and about such business the: num!.r of —
‘wagons or other vehicles designated and described in such /
PT Man TS Re ae a OM We gy
0 4 =a . ode tet « et ge wine ge eee one
* Exhibit ‘A.”’ « ° 35
- application, for and during the period for which such’
license is issued. ©
No license issued’ hereunder shall entitle or authorize
the licensee named therein to carry on, engage in or con-
duct the business of distributor of milk or milk products
in any place or places other than that described and set
out in such license, and a separate license fee shall be
2256 paid for each and every place at which such business
is carried on, engaged in or conducted; provided,
however, that if any licensee shal] desire to carry on, ‘en-
gage in or conduct the business of digtributor of milk or
milk products at more than one place of business and
employ the same wagons or other vehicles at each place of
_ business, he shall not be required to pay more than one
license fee to the City of Chicago for each such wagon or
other vehicle.
If any person licenged under the provisions of this -
article, shall sell, transfer, assign.6r change the location
of his place of ‘business, application for a transfer or
assignment of license shall be made to the board of health,
and no such business so sold, transferred, or assigned, shall
be conducted or carried on at such location until such ap-
plication shall have been made and —! by the board
- of health a's herein provided. -
3087. License Fees.) Every person selling or Sane
ing of milk or milk products shall annually paysa license |
fee as hereinafter provided.
Every person selling, offering for sale, exposing for sale, .
exchange or delivery, or disposing’ of milk or milk products ,
in and from any milk plant or milk receiving station, shall.
pay an annual license fee graded according to the size of
such establishment, as evidenced by the number of wagons
or motor vehicles run, as follows:
‘Running not more than one wagon or motor.
VPM voce ccccescccsccccccepeccvecne $ 5.00
Running 2 to 3 wagons or motor vehicles... 10.00-
Running 4 to 5 wagons or motor vehicles... 20.00
Running 6 to 10 wagons or motor vehicles.:. 40.00
Running 11 to 15 wagons or motor vehicles 60.00
Running 16 to 25 wagons or motor vehicles. 100.00
Running 26 to 35 wagons or motor vehicles.140.00
Running 36 to 50 wagons or motor vehicles. 200.00
Running 51 to 75-wagons or motor vehicles. 300.00
Running 76 to 100 wagons or motor vehicles .400.00°,
_—— over 100 D wagons or motor vehicles. 500.00
“- «>
36 Exhibit A":
Such person shall also pay an additional annual! license
fee for each-vehicle used for the delivery or sale of mitk
_or milk products, as follows:
One horse wagon or not to exceed one ton
truck or motor vehicle......... hiveanees $10.00
Two horse wagon or truck in excess of ca-
pacity of one ton and not in excess of two
| ER eee ee eee 15.00
Truck in excess of capacity of, two tons.... 25.00.
Provided, however, that distributors of milk operating
independently of any licensed depot, or in connection with
or from any milk plant or receiving station located outside
of the aity of Chicago; and delivering, selling. or offering
milk or milk products for sale in the city of Chicago, shall
pay an annual license.fee of fifteen dollars foreach wagon, .
and twenty-five dollars for-each motor vehicle operated
in the city o icago; and provided, further, that eve
person selli incipally milk or milk products in bu
at wholesale, either as dealers, jobbers, brokers or agents,
shall pay ah annual license fee of fifty dollars for each
establishment from Which such business is conducted, and
an additional fee for each vehicle operated, as follows:
‘One horse wagon or not to exceed one tori '
truck or motor vehicle ............. +» «$10.00
Two horse wagon or truck in excess of ca-
pacity of dhe ton and not in excess of two
¢ COMO cosdwcccceredecs TETETPETEPEE EET Eee - 15.00
Truck in excess of capacity of two tons’.... 25.00
_ 2257 +=3088. Vehicles to Display License Emblem on’
Windshield.) No person shall sel, offer for sale, or
‘convey, or cause to be conveyed on er in any wagon, or
other vehicle-or to be delivered thereftom any. milk or.
milk products, unless such wagon ‘or other vehicle shall -
have affixed to the ono. ome part of the windshield of
such vehicle, a license emblem on which shall be stamped
a number corresponding to the license number of the milk
9 Echibit “A.” | 37
distributor, by whom such vehicle is used, and also the
words ‘‘Chi ? and ‘‘Milk,’’ together with the year for
which the milk distributor using such vehicle is licensed.
Such license emblem shall be obtained from the city clerk
at the time the license is issued. .. i Neon :
It shall he the see | of the city clerk to change annually
the predominant background color of such licensé emblem. |
id emblem shall be impervious to weather and incapable
of being removed without being destroyed. A license to
. distribute milk or milk products, as provided’ for tunder
. the provisions of thjs gfticle shall be void and of no effect
unless such license ‘emblem described in this article shall
~ be ‘in the manner provided for. ecto
0 license emblem shall be permitted to remain affixed
to the windshield of a milk vehicle after the period for
which such emblem ‘was issuefi has expired.
3089. Revocation of Lieense:) All licenses granted pur-,
suant to this article may at any time be revoked by the
Mayor for violations of the provisions hereof, or the rules ) —
and regulations of the board of health, or for any other |
good and sufficient cause. ~ —_. ie
‘3090. Labeling and Placarding.) All bottles, cans, pack-
ages, and other containers enclosing milk or any wr Ss Mp
yet defined in this ordinance shall be plainly marked or —
labeled with the following and only such other information ~
as may be designated by the board of health: 7
1. The name of the contents as given in the definitions in‘
this ordinance. : :
2. The word ‘‘pasteurized’’ only if the contents have
been pasteurized. . ’ .
3. The word ‘‘raw’’ only if the contents are raw. Be
4. The name and address of the producer if the contents
are raw, and the name and address of the plant at which
ee were pasteurized if the contents are pasteur-
5. In the case of vitamin D milk, the designation
‘‘vitamin D milk,” and such other information as may &
required by the board of health. fie
6. permit number. re ¢
_ 7. On all cans, bottles, and other containers of pasteur-
_ ized or certified milk, the words ‘‘to be sold’’ and there-
_ after the day of the week on which the milk or milk product
is to be sold to the final corisumer, the height of the letters.
of the day of the week to be not less than 3/16 inch on
38 @Eahibit “A.” -g
bottle caps, and not less than 5/8 inch on tags attached. to
each container when contained in cans.
8. On all cans and other containers of\milk and milk
-products received by pasteurization plants from receiving
required by the board of health.
4
. stations, the day of the week received by the. receiving
station. ; ol
9. The word ‘‘milk’’ shall not appear or be used on any
label, cap, receptacle, or container for any products except
those defined in this article as milk, skimmed milk, butter-
milk, cultured buttermilk, vitamin D milk, and any other
products designated by the board of health. |
All milk produced shall be delivered daily to a milk“re-
ceiving statidn or a pasteurization plant.
All milk received by pasteurization plants must he .
pasteurized within such time of production or receipt by
the receiving station as may be designated by the’ rules
and regulations of the board of health. rt Pie
Every restaurant, cafe, soda fountain, or other establish-
‘ment serving milk or milk products in bulk shall poe d at
,a
all times, in. a place designated by the board of lrealt
notice approved by the board of health, giving all infor-
mation required in this section, and such other information
ilk only is to be delivered from a dairg farm to a
receiving station or pasteurizing plant, and all milk pro-
duced for pasteurization shall be delivered daily to a milk
receiving station or a pasteurizing plant. All milk re-
ceived by “een yoarer plants must be pasteurized
2258 within 24 hours of production or receipt by the re-
‘ceiving station. ea od
Cans, tanks, or similar receptacles of milk or milk prod-
~ nets delivered in or into the city of Chicago shall be sealed
. with an unbrokén wire or metal seal, at the place where such
milk or milk prodycts are- placed in such cans or recep- -
— except where expressly exempted by the board of,
e t 4 2 F ‘ ”
The original tags or labels shall remain on all cans,”
tanks, or similar containers until the milk or milk products
—_ containers are emptied therefrom for processing or.
sale. | ape
All caps or labels on cans, bottles and other containers of
pasteurized milk; cream and skimmed milk shall include.
the words ‘‘before noon’’ after the words ‘‘to be sold.””
A proof-print or sketch of the bottle cap-or cover, or of
the can tags and labels showing the size and arrangement of
o@
Exhibit ‘A? ) 39
the lettering ‘thereon, shall be submitted to and approved ,
by the board of health.
When milk or milk products are enclosed in bottles or
glass jars, the name or address blown into such bottle or |
glass jar, or otherwise indicated thereon, shall not be other
than or different from that which is indicated on the cover
or cap thereof. : ie
. Milk products placed into storage or frozen, for periods
exceeding seven days, shall be stored or frozen in the orig-
inal container and bear the original tags or labels on such
containers. A record shall be furnished to the board of
health of the place and date of storage, kind and amount of
product, and a record shall also be furnished of the time said
milk’ product is removed for use. Dried milk and-milk
products ‘and butter shall bear the board of health permit
number stenciled on the outside and inside surfaces of the
barrel, tub or other container, in letters at least one inch
in height, and butter shall also bear said mark stamped on
the top surface of the butter in each tub or container in
the following letters and figures: C. B. H. (permit number). .
3091. Inspection of Dairy Farms and Milk Plants—Re-
rt to Be Posted.) At least once during each inspection
(period, the board of health shall inspect all dairy farms -
and all milk plants whose milk or milk products are in-
tended for consumption within the city of Chicago. In case
the board of health discovers the violation of any item of
sanitation, it shall make a second inspection after a lapse
of such time as it deems necessary for the defect to be
remedied, and the second inspection shall be used in de-
termining compliance with this article. Any violation of
any item of this ordinance on two consecutive inspections
shall be cause for immediate revocation of permit. .
One copy of the inspection report shall be posted by the |
_ board of health in a conspicuous place upon an inside wall
of one of the dairy farm or milk plant buildings, and said
inspection report shall not be removed by any person except
the board of health.. The original copy of the inspection
report shall be filed with the records of the board of/health.*®
* The first sentence of this section should not be taken to imply that one
inspection per inspection period is a desirable frequenéy. It should, in-
stead,‘be regarded as the legal minimum. In actual practice, it is desir-
able to inspect every dairy farm at least two or three times during each
inspection period and évery milk plant at least every two weeks. As
often as possible, inspection of farms should be made during milking time,
and of plants while pasteurization or processing is in progress.
“o
°
Q
oe... ark Exhibit ~4:""
A dairy or milk plant may immediately’ have its a
revoked without waiting for the end of the i a ee
if two successive inspections disclose one or »\violations
‘of the requirements. Even if the two vio not re-..
_ fer to the same item of sanitation, this nals svertheless be
cause for immediate revocation of permit.
The inspector should -post one copy of the inspection re-
port at the.dairy or milk plant, and said report not be
removed, altered or defaced by any. person except the board
of health.**
Every inspection report shall be. receipted for upon the
place designated on the face thereof, except that if inspec-
tions are made in the absence of the proprietor or his ~
agents, the inspection report should be nevertheless, .
but, in addition, a written notification should be mailed to
said proprietor.
- 3092. Examination of Samples.) Bee inspection
period, a number of —, of milk or roducts from
each dairy farm and eac
on rate days and examined by the board of health.
_ Samples of milk and/or milk products from stores, cafes,
per fountains, restaurants, and other places where milk or
milk products are sold shall be examined as often as the
-board of health may require. Bacterial plate counts shall:
be made. in conformity: with the latest standard methods
recommended by the American Public Health Association,
or arly other method approved by the board of health.
Examinations may imclude such other ‘chemical and gh |
sical determinations -as the board of health ma
' necessary for the detection of adulteration, ex-
2259 aminations to be made in accordance with the latest
standard methods of the American Public Health As-
sociation and‘ the Association of Official Agricultural
Chemists, or any other method approved by the beard of
health. Bacterial plate counts, uctase test, and cooling
temperature results shall be given to the producer or dis-
tributor concerned as soon as determined if said ‘Tesalts
_ fall without the limits prescribed. Samples may be taken
‘by the- board of health at any time “— to the final de-
livery of the milk. or milk produts. roprietors of |
stores, cafes, restaurants, soda fountains, vale er similar
© "Phe milk-house wall of the farm and the wall of the plant office
are effective locations. ,
gt Exhibit ‘' A.’’ 41
places shall furnish the board of health, —_— its request,
with the name of ‘the distributor from.whom their mi
_ and/or milk products are obtained. Bioassays of the
vitamin D content of vitamin D milk shall be made when
uired by the board of health in a laboratory acceptable
to it for such examinations.. — a
. Samples of milk and milk products shall be paid-for at —
the market price upon request. -
Four or more samples of a given milk supply shall be
examined before —s to determine the average bac-
terial quadity of the milk. It is required that at least four
samples be taken from each supply during each inspection’
, Period. |
Bacterial Plate Counts and Reductase Tests
It is required that grade A pasteurized and certified milk
fall within certain limits of average bacterial ‘plate counts
or average reduction time as determined by the reductase
test. : focgt
Public health reason.—It is widely accepted that the bac-
terial plate count of milk is an index of the sanjtary quality
of milk. A high count does not necessarilY mean that
' “disease organisms are present, and a low count does not
necessarily mean that disease organisms are absent; but a
high bacterial plate count does mean that the milk has
_ either -come from diseased ers,: has been milked or
- handled under undesirable conditions, or. has been kept
warm enough to permit bacterial growth. This means, in
=<
‘ the first two cases, that the chances of infection have been ~
increased and, in the last case, that any infection which has
- reached the milk has been permitted to grow to more
‘ dangerous proportions. In general, therefore, a high count ;
means a greater likelihood of disease transmission.
The collection of milk samples.—Milk samples will be
collected so as to represent the condition of the milk when
,_ reaching the consumer, milk plant, or receiving station. _-
Samples, when taken, must, without fail, be kept below
50° F. until plated. This will require that the samples be
packed in ice, or placed in a suitable refrigerator, until
examined. , aye ;
“In case of bottled milk, a pint or quart bottle shall be
_ taken at random by the inspector and, except in the case of —
cover or hood caps, the top covered with a suitable cover
so as to assure the dairyman that the milk will not be
»
a?
42 : Exhibit a,
contaminated efi route to the laboratory by ‘the hards of
the inspector or by the ice in the sample case.» Thesample ~
form must be filled out in triplicate by the inspector at the
‘time the sample is taken, and the corresponding number
sticker attached to the bottle. A copy of the form shall be:
left with the person who is in attendance at the time the
sample is taken. The inspector shall also fill out a labora-
tory. report card, to be turned in with his sample to the
laboratory, upon "which the laboratory results shall be en-
tered. The results of the tests shall then be recorded on
the sample form, one copy remaining-in the board of health:
files, and the second:copy being returned to the inspéctor. |
The person from whom the samiple was taken secure.
the results of sugh examination, upon request, by present-
ing his copy of the sampling form.* | ho
Reporting Bacterial Plate Counts
For all except known high-count milk or very low-count .
milk the ‘dilutions used shall be 1-100 and 1-1000; for the
high-count milk 1-1000 and 1-10000, and for the very low- »
count 1-10 and 1-100. The following special rules ter re-
porting. counts shall be uséd:
(1) When the higher plate count is more than twice the
lower, record the lower count.
(2) When the higher plate count not more than twice’
the lower, apply the Standard Metho rules for countiné.
(3) In case one plate éannot be counted because of a
spreader covering more than.half the plate, the result is to
be reported as unsatisfactory ufless the.count of the other
plate is within the limit required by these regulations.
* For the collection of bulk samples at pasteurizing plants or. at their
country cooling $tations, the following procedure is recommended. Five ,
. ounces of stock chlorine solution are added to a five-gallon can of water,
A long-handled dipper is kept in this_solution for a few moments and then
used to stir the niilk and collect the sample. It may be used without —
further, bactericidal treatment for taking samples from any ‘number of
cans from the same producer, but must be -re-treated before proceeding to
sample milk from the next producer. The small amount of chlorine carried
into the milk on the dipper will not affect its bacterial count. he cans
of milk should be well stirred before the samples are taken, in ‘
‘order that the samples niay be representative. Sample bottles should be
of not less than four-ounce capacity. -
In-Hetr of = above method, sterile pipettes* may be used for collecting
oo
fw amo of routine samples which “mast ' be examined makes the
use of more than two dilutions per sample impracticable. For this reason, .
-it has become general practice to make only two dilutions.
o ou Lease ane
Eahibit “A.” a oe
(4) Report bacterial plate counts to the nearest 1,000,
unless the count exceeds 100,000, in which case report to the
nearest 10,000, or unless the count exceeds 1 ,000, 000, in
which case ‘report to the nearest 100
(5) Plates showing no growth Shall be reported as un-
satisfactory. :
2260 . Averaging bacterial plate connie in a ag
. complianée*
“The averaging of bacterial plate counts under this ordi-
nance shall be done by the —— method.**
*In determining the bacterial quality. of milk supplies, the average of
the last four. consecutive counts or reductase hours is used because less
than this number has been found by experience, not to give a ie dena
picture of thé bacteriological condition of a milk supply. :
ee How to ‘find the average bacterial- plate count by logarithms. —The
logarithms of aj] bacterial plate counts from 1,000 to 100,000,000 are given
directly in the Yollowing table. The logarithms should be entered opposite
the. counts in the miik control ledger. To figd the average bacterial plate
count, fipd the average of the logarithms ang then find the bacterial plate
count in the table which is opposite the average logarithm. (See table.)
‘Following is an example :
Counts Logarithms
. 35,000 4.54 -
11,000 7 4.04 e
9,000 3.95
95,000 — 4.98
rik 4) 17.51
a. 438 = average seaetined.
f 4.38 in the table is opp§site 24,000 which is, therefore, the average bac-
{ terial count.
If it is found that the average logarithm occurs’ opposite more than
one bacterial plate count in the table, take the lowest bacterial count as
the averfge. .. °
ae
44
TABLE TO BE US
ee lad Se ee
ED IN COMPUTING LOGARITHMIC AVERAGES OF
BACTERIAL PLATE COUNTS
1,000—3.00 60;000—4.78 330,000—5.52 960,000—5.98
2,000—3.30 61,000—4.79 340,000—5.53 970,000—5.99
8,000—3.48 62:000—4.79 350,000—5.54 980,000—5.99
4,000—3.60 63,000—4.80 360,000 —5.56 990,000—5.99
5,000—3.70 - 64,000—4.81 370,000—5.57 1,000,000—6.00
6,000—3.78 65,000—4.81 380,000—5.58 1,100,000—6.04
7,000—3.85 66,000—4.82 390,000—5.59 1,200,000—6.08
8,000 —3.90 67, 83 400,000—5.60 1,300,000—6.11
9,000—3.95 68,000—4.83 410,000—5.61 1,400,000—6.15
10,000—4.00 © 69,000—4.84 420,000—5.62 1,500,000—6.18
11,000—4.04 * 70,000—4.85 ,000-—5.63 1,600,000 —6.20~
12,000—4.08 71,000—4.85 ,000-—5.64 1,700,000—6.23
13,000—4.11 72,000 —4.86 450,000—5.65 1,800,000—-6.26
14,000—4.15 73,000—4.86 460,000—5.66 1,900,000—6.28
15,000—4.18 * \J%4,000—4.87 -470,000—5.67 2,000,000—6.30
000— 4.20 *75,000—4.88 480,000—5.68 2,100,000—6.32
17,000—4.23 76,000—4.88 490,000—5.69 2,200,000 —6.34
18,000—4.26 77,000—4.89 500,000—5.70 2,300, 36
- 19,000—4.28 78,000—4.89 510,000—5.73 2,400, 38
20,000—4.30 79,000—4.90 520,000—5.72 2,500,000—6.40
21,000—4.32 80, 90 530,000—5.72 2,600,000—6.42
22,000—4.34 81 540,000—5.73 2,700,000—6.43
23,000—4.36 82, 91 550,000—5.74 . - 2,800,000—6.45
24,000—4.38 83,000—4.92 560,000—5.75 2,900,000 —6.46
P5,000—4.40 84,000—4.92 570,000—5.76 3,000,000—6.48
26,000—4.42 85,000—4.93- _ 580,000—5.76 3,100,000—6.49
27,000—4.43 86,000—4.93 590,000—5.77 3,200,000—6.51
. 28,000=4.45 87,000—4.94 600,000—5.78 3,300,000—6.52
= 29,000—4.46 88,000—4.94 610,000—5.79 3,400,000—6.53
30,000—4.48 ,000—4.95 620,000—5.79 3,500,000—6.54
31,000—4.49 90,060 —4.95 630,000—5.80 3,600,000—6.56
32,000—4.51 91,000—4.96 640,000—5.81 3,700,000—6.57
33,000--4.52 - 92,000—4.96 650,000—5.81 3,800,000—6.58
34,000—4.53 93,000—4.97 660,000—5.82 3,900,000—6.59
25,000 —4.54 94.000—4.97 670,000—5.83 4,900,000—6.60
-—_—_36,000—4.56 95,00°—4.96 680,000-—-5.83 5,000,000—6.70
37,000—4.57 96,000—4.98 690,000—5.84 6,000,000—6.78
88,000—4.58 97,000—4.99 700,000—5.85 7,000,000 —6.85
29,000—4.59 98,000—4.99 710,000—5.85 8,000,000 —6,90
40,000—4.60 99,G00—4.99 720,000—5.86 9,000,000 —6.95
41,000--4.61 100,000-—5.00 730,000—5.86 10,000,000—7.00
42,000—4.62 110,000—5.04 “9 740,000—5.87 11,000,000—7.04
43,000—4.63 120,000—+5.08 750,000—5.88 12,000,000—7.08
44,000—4.64 130,000—5.11 760,000—5.88 13,000,000—7.11
45,000—4.65 140,000—5.15 770,000—5.89 14,000,000—7.15
46,000—4.66 , 150,000—5:18 .780,000—5.89 15,000,000—7.18
47,000—4.67 ‘- 160,000—5.20 ,000-—5.90 16,000,000—7.20
48,000—4.68 170,000—5.23 800,000—5.90 17,000,000—7.23
49,000—4.69 180,000—5.26 810,000—5.91 18,000,000—7.26
- §0,000—4.70 190,000-—5.28 820,000—5.91 19,000,000—7.28
@1,000—4.71 200,000—5.30 830,000—5.92 20,000,000—7.30
52,000—4.72 210,000-—-5.32- , 840,000—5.92 30,000,000—7.48
0004.72 220,000—5.34 850,000—5.93 ° 40,000,000—7.60
54.000—4:73 230,000—5.36 860,000—5.93 ~ 50,090,000—7.70
~~ _55,000—4.74 240,000 —5.38' 870,000—5.94 69,000,000—7.78
56, 5 000—5.40 880,000—5.94 - 70,000,000—7.85
57, 76 42 890,000—5.95 80,000,000—7.90
58,000—4.76 0,000—5.43 ° © 940,000—5.97 90,000,000—,-7.95
59,000—4.77 280,000—5.45 950,000—5.98 100,000,000—8:00
Echibit “A.” hee
Reductase test—When the reductase test .is used, the:
. procedure shall be as follows: Follow Standard Methods
of Milk Analysis except that samples are to be examined
at the end of each hqur, but not beyond eight*hours. The
reduction time shall be expressed as the number of elapsed
full hours when decolorization is first observed. Samples
not reduced at the end of eight hours are to be reported
as reduced in nine hours. For purposes of determining
bacterial quality, the simple arithmetic average: of the last
four consecutive samples is to be used.
3093. Kinds of Milk—Requirements.) From and after
the date of passage of this ordingnce, no milk or milk prod-
ucts shall be sold in the city of Chicago except grade A_
‘pasteurized milk and milk products and certified milk and
milk products. Requirements for these kinds of milk and
milk products shall be as follows: 2
\
\,
Grade A Pasteurized Milk and Milk Products.
Sas A pasteurized milk and milk ‘products. are * milk
and milk products which conform with the rules and regu-
lations of the board of health for grade A pasteurized milk
and milk products.
' Requirements for Raw Milk To Be Pasteurized. —Grade
_ A pasteurized milk, before pasteurization, is milk the aver-
age- bacterial plate count of which, as determined under
- section 3082 (R) and 3083 of this article, does not. exceed
200,000 per cubic centimeter, or the average reduction time
of. whieh i is not less than six hours, and which is produced
upon dairy farms conforming with all of the following
items of sanitation.
Item 1r.—Cows. ~ . d |
- For diseases other than’ tuberculosis, wack’ tests and ex-
aminations as the board of health may require shall be
made at intervals and by methods prescribed by it, and
any diseased animals or reactors shall be disposed of as
it may: require.
All cattle on farms producing milk shall be healthy and
free from contagious and infectious diseases, and from any
physical condition which might render them unfit for the.
production of milk for human consumption. Each animal ©
' In the herd, six months of age and older, shall be certified
by veterinarians, water the direction’ of the state and red
ee
: <7
Ya Moe 2
ee es _. Exhibit “A, re
ee oral tbve-steck authoriiica, or.such ieiiiniee as may be «
_ designated or approved by the board of health of the. City
of Chicago. Herds certified in such manner shall be eli- _ -
\ gible for the production of milk when. they have been ex-
-, amined and certifieéwithin one year prior to the time
2261. wheh milk has been. accepted therefrom. When herds
‘ti . tre ‘located in féderal modified accredited aréas the
time may be extended to three years at the discretion of
the board of health.
‘- The examination of -all‘animalé shall fe of s akan:
acter as to enable the veterinarian to de erminé™whether
‘they are free from communicable diseases of all kinds pr
any condition which might render them unfit for the pro-
- duction of milk for hyman consumption, to which he shall
” be able acemed Such test, or tests may be repeated
r
. — eemed acne: or advisable by the board of
"2" healt 3 |
eel Me animal, six rndiittaa ofa age or lider, shall be added
ste ye a herd unless such animal has been examined by a Vet-
Sr esate and a certificate ‘issued therefor as herein-speci-.
All cattle upon ‘examnination, fond to be diesaneil or in. -
a condition which might render them unfit for the produc-.
tion of milk.for human: ‘cohsumpftfon by thé authorized vet-
-*erinarian or ntafives of the board of health, shall
be inmedisiy excluded from the hérd, and any milk from
'. such ahi shall)be’ withheld from human “consumption. -
There shall be filed with the board of health a current ~
certificate covering all tests made by veterinarians with
the records of each animai properly identified. Such cer-
- tifieate shall be op file-with the-board of health before milk +
shall be offered for nent, : —— the entire eaieae »
of production. |
Item 2r; Dairy Barn—Lighting. -
A dairy or milking barn shall be required, = ah sec-
tions thereof —s ws are inilked shall have at least
three square ° light area for each cow in the barn”
at any one tim ad when necessary shall be — with
adequate supple ry artificial light.
Public health reaso —Adeqyate light makes it more ae
likely that the barn will clean, and that the cows will be
milked in a cleanly manner. “
Ne - Satisfactory compliance —Glazed windows, aobri,
other. unobstructed oe in the milking barn ou
4
ea ee
j
t
"Exhibit “A.”
cig te in “total area to three square feet: per cow and reason-
hanging pre . The covering of windows or: door openings
‘by boards
-. deemdéd ‘as reducing the light space in proportion to the
enclosed covered spaces, or fg 3 whigh the inspector ,
Adequate artificial ligliting of provided for night:
‘operations can he efficiently performed.
Item 3r.—Dairy Barn—Air Space, Ventilation, Ete.
Such sections of all dairy barns where cows are kept-or
milked shall have at least 400 cubic feet of air space per
oe in the. barn at any one time, and shall be well venti-
lated. pe cree |
Public health reason—This item is required in order to
ayoid overcrowding and té insure proper ventilation.*®
__ Satisfactor¢ ‘compliance.—The ventilation part of this’
: item shall be deemed to Have been satisfied when, in'the ‘
judgment of the board of health, conditions are such as to
‘result in sufficient fresh air at all times. ns Pe
_ Stanchions shail be’ required for the mAximum number
of cows -in the millting barn at any one time, and shall be
of such width as to prevent overcrowding, and not less
than: thirty-six-inches wide (does not apply to goat. barns)
or such greater width as may be required for the size ,of
’ . cow in the stanchion; and shall be of/such length that.the ..
droppings will.tend to fall into the manure ser.
*In computing window area, find t rea jp square feet of each light
. Opening, divide by twm such of thesé areas a® are obstructed by boards
* or overhanging roof; total all areas thus found, and divide the total by
the maximum number of cows in the barn at any one time. The Yesult
is the effective window area. . .
. * Compute the floor arta by multiplying the length by the width of the,
section. qf the barn where the cows are kept or milked. Multiply this
result by the average height of the roof or ceil in. this section: (If .
_ the roof is gabled or ridged, this height should be taken as the average —
of the side wall and ridge pole heights.) To find the air space per cow,
divide the total air space thus found by the number of cows. .
‘If this quotient is less than 400, the barn does not ‘meet the specifica-
tions for grade A pasteurized milk. In order to determine the maximum
number of cows which a barn of given size will permit, divide the total
6
eat J e 9
es [+ Bahibit A” ie |
Stanchions should be preferably at least 42 inches init
- atid équipped with a or other suitable dividers or par- |
titions, and shall be required én all farms which may here- |
after be approved to produce milk.for sale in Chicago.
_ _ Windows opened for ventilation purposes should prefer- .
~~ably be tilted back-from the bottom, permitting the top to
‘be open, the sides being boxed, ip order to prevent: a direct
draft on the cows,
Item 4r.—Dairy Bire— loos.
.. The floors and gutters of such parts/of all’ Pee sere
_in which cows are ed shall be constructed of concrete
or other impervious afd easily cleaned material approved
~ by the board of health, ‘shall: be graded to drain. properly;
‘ and shall be kept clean and in good: repair. .No herses,
pigs, fowl, calves, etc. shall be pera in. parts of the ee
‘barn used for milking.
as 4r(a)—Floor Construction. | ws
- Public health reason.—Floors constructed of concrete
‘or other impervious materials. can be kept clean more |
easily than floors constructed of -earth, or similar mate-
: rials, and are therefore more apt to be kept clean.
2262 The floors should preferably be of .concrete, but
may be of other similar impervious material ap-
_ proved by the board of health. Cork bricks or- creosoted
- wood blocks, and well-constructed. wood floors, so long as
these are impervious to water and permit no pooling of
liquids or wash-water, are approved. :
Earth floors are not approved because they are’ not |
deemed impervious.
Other portions of the barn shall be separated from the
milking portion by railings or partitions. If such other
portions of the barn are not kept clean, and free from dust
and objectionable odors, tight partitions are required ; in
” fact, tight partitions are recommended for all cases.*
* It is recommended, but not required, that feed troughs be of:smooth- .
surfaced.-cincrete in order to facilitate bactericidal treatment. when
necessary
: Although. it’ has become general practice’ among modern dalfymen to
build -milking-barn floors of concrete, some dgirymen still hesitate to take
this.step: because of the fear of possible — their cattle. This
objection is answered by the experience of re number of dairy-
men who milk on concrete floors. The danger of -injuries is not great
- enough to counterbalance’ the many advantages of a well-drained, im-
pervious bara floor. /The floor should have an untrowelled surface in®
order to prevent slipping. .When necessary to keep the cattle in the milk-
a ee s
. a.
6
i,
eS ee
‘Concrete floors in barns under construction or recon-
structio& should have curbs where'the floor joins the walls.
These are desirable in order to promote cleanliness ,in ‘the .
-angigs of thefoor and walls, and to avoid rotting of wall
sills and studs. Gutters shall be required of ample ca-
pacity to care for the accumulation of manure between
milking periods. The size of the gutter shall be such as to
-promote cleanliness and improve drainage, 4, gutter 8
inches deep and 16 inches wide is preferred, arfd shall be
- *fequired of all farms which may hereafter be approved to
- produce milk for sale in Chicago. sek
_ Driveways behind cows ney. be acceptable in place of
the gutter where the depth of the drop is ample andthe
floor is properly graded. =~ ee Pe be
. 4r(b)—Floor Cleanliness. aR
Public health reason.—A clean‘floor reduces the chances —
of contamination of the milk or. milk pails during milking.
T&R presence of other animals ri ep uncleanliness.
+
_ Satisfactory-compliance. This i shall be deemed to
have been satisfied if the milking-barn floor is free of ac-
cumulations of filth or littér except such as have accumu- ~
lated since the beginning of the last milking period; pro-
vided that the floor must be clean at the beginning of each
. milking period; and if horses, pigs, fowl, etc., are kept out
of the milking barn. ae te er
- - When floors of milking barns are bedded, bedding con- ©
taining more than: one milking’s colléction of manure shall
‘be considered as equivalent to unclean floors. - <:
Dairymen whose barns are provided with water under’
pressure should scrub the floors after each milking with a
stiff-bristled brush. In barns in which water under pres-
‘sure is not available, the floors may be brushed dry~ and
limed. In. the latter event, caré should be exercised to
prevent caking of the lime. If clean floors are not main-
tained: by this method the inspector should require cleans-
ing with water. inhek F :
Item 5r.—Dairy Barn—Walls and Ceilings. : tae,
’ The walls and ceilings of all dairy barns shall be white-
washed once‘each year or painted once every two years, or
oftener if necessary, or finished in a manner approved by
the board of health, and shall be kept clean and in good
' repair. In case. there is a second story above that part of
50 | es a Exhibit “*A.’’ eae ae
! iE
the barn in which’ vows are milked, the calling’ shal}, be :
tight. If the feed room adjoins the milking space, it
be separated therefrom by a dust-tight partition provided
with self-closing doors. -
Public healtlr reason—Whitewashed, painted, or prop-
erly finished walls and ceili encourage cleanliness, and
-whitewash is a disinfectant as well. Tight ceilings and
. feed rooms reduce the likelihood of dust and trash getting
into the milk and thus increasing its bacterial count.
Satisfactory compliance.—This item shall be deemed to
have been satisfied if the walls and ceilings
(1) Have been whitewashed or finished with cold-water
paint once every year or oftener if necessary; or :
(2) . Have.been painté@q once every two years, or oftener
if necessary; or .
(3) Have interior surfaces of finished concrete, eon-
crete block, brick, tile, galvanized iron, plaster, or similar
material which may be accepted without painting; joints -
and rafters of the roof structure shall not be required to
‘be whitewashed or painted, but must be kept clean; the
use of wall board attached to the rafters to make the vocal
_ ing tight shall be accepted; and
(4) Are in good condition, with ceiling tight if thete.| is
second story above the milking portion of the barn, and
with a dust-tight partition, provided with self-closing
doors, separating the milking space from the feed room.
Barns newly constructed of wood shall be required to.
-" be painted or whitewashed when completed.* oa
Item 6r.—Dairy Barn—Cow Yard.
All cow yards shall be graded and drained as well as.
_ practicable and kept. clean.
2263 6r(a)—Grading and Draining of the Cow Yara.
. Public health reason The cow yard >is interpreted
* Whitewash formula.—The following formula for whitewash has given
satisfaction:
I sca Wasevhk ues me cthiniecun 2 pecks
- Spanish whiting (barium sulphate). pe cnaShes-cucé Vee nenecca te Se
errr peer een Peer ee Abia SAECO SASSA CARED AES 1 peck .
{i C. <.¢ cau acRRiee Chau ob sinebeectehse he y tkeakas ee 1 pound
PEE aS SkhG a ASG s Min ak can saenr dhesentsieccennnns dae see 3 pounds —
Add water so that it can be applied easily and thoroughly. . For full -
painting and witewashing insttuctions, see U. & ee. of Agrical-
ture Farmers’ Builetin No. 1452. e
2
/
_ Exhibit “A.” aes
3
to be that enclosed or — area in which the cows are
apt to: congregate, approximately adjacent to the barn.
This area is, "ts, tatetera,’ ‘particularly apt.4e become filthy
ge ae droppings and, being nearest the barn, may
public health menace through the breeding of flies. .
The — and drainage of the cow yard as far as prac-
ticable are required because wet conditions are conducive
to fly breeding, g, make it difficult to keep manure removed,
and make it difficult to keep the cows clean.
Satisfactory compliance.—This item shall be deemed to
have been satisfied:
(1) When the cow yard has been graded and here
as well as local conditions will permit. Low places must
in all cases be filled in with hard material. Approaches
to barn door and to stock. tank should preferably be of
-concrete.* -
(2) When the wastes from the barn ond milk room are
_ Not allowed to pool .in the cow yard,
- 6r(b)—Cleanliness of the Cow pe ae
Public health reason.—If manure ‘and barn sweepings
are allowed to aceumulate in the cow yard fly breeding
will @ypromoted and the cows will, Wecaties of their habit -
of lying down, be more apt to have manure-soiled ‘udders.
Satisfactory compliance.—This - ‘item shall be deemed to
‘have been satisfied if the cow yard is kept clean. Swine
should not be permitiedsin the cow yard. The peationeel
ing tank shall be kept clean at all times. -
Item 7r.—Manure Disposal. 1g ROT,
* All manure shall be removed an@® stored or disposed of |
in such manner as best to prevent the breeding of flies
therein or the access of cows to piles thereof.
Public. health reason .—Improper manure. disposal in-
duces the breeding of flies, which are considered capable
= transmitting infection to milk or milk utensils.
‘Satisfactory compliance.—This item shall be deemed to
have -been satisfied. when the ‘manure droppings are re- *
* The most satisfactory method of condactinn milking-barn wastes and
*. Wash water beyond the cow yard limit is the construction of a drain.
The drain should preferably be lined with concrete, tile, or brick, al-
though a well-kept open earth ditch will be accepted. Open drains are
recommended use of the danger of frequent ‘clogging. of closed drains,
unless closed drains of adequate diameter ‘and slope can be provided. ‘
<
~
52 - Exhibit “A. <i scene
moved . from ‘the bins floor between geet milking and the |
cow yard is “pt clean, and manure | as
(1) . Spread upagn the fields, or, ss
(2). Stored for not more than ‘four days in a pile on
the ground surface, snd then spread upon the field, or «.
(3) Stored for not more. than seven days in an im-
pervious floored bin or upon an impervious curbed plat- -
form, and then sprtad or stored in a tight, — and
trapped manure shed, or ——
(4) Fly breeding is inlsbeainell: by sathede: equisislent
to the recommendations of the U. S. Department of Agri-
-eulture,, Bureau of Dairying, Mil Inepector Letter No.
“ cannot be entirely prevented breeding, and it is necess:
104, May,.1926:*. |
Requirements (1) to (4) shail ly ‘oily duties the
fly-breeding season. Manure, if stored in a pile, shall be’
stored in such a way as to be inaccessible to the cows, and
not in close proximinity to the barn, and in such manner
that a nuisance will not exist, Storage of mantre at least
30 feet from the barn is preferred.
*“Any program to eradicate flies from dairies should begin with the
elimination of breeding places. The premises should be cleared of piles
6f manure and other refuse, such as spoiled silage and accumulations
of wet and decaying hay and straw. _Even with the utmost_care files
those. which do appear from etected b ing places and y omises
of neighbors. In carrying on this work, traps properly constructed and
baited, and the judicious use of sprays will be found beiptut and not
exorbitantly expensive. *%
“The baited traps are used for cating the flier which do not bite but
get their nourishment from foods they ¢au suck through their elongated -
mouth parts. Most of these are the common house files.’ The spray is .
used to kill or repel the biting type of files that live on blood, which they-
obtain by piercing. the skins of animals. Stable and. horn flies are ex-
amples of this type.
“Last year the Bureau of Dairying, on its experimental farm at Belts- -
ville, Md., with the cooperation of the Bureau of: Entomology, made
effective use of the fly-fighting measures outlined above. The premises
were kept as free as possible from accumulations of manure. Box stalls
were cleaned and scraped regularly. As a ‘rule, manure was not allowed
to accumulate near the buildings for more than three or four days, and
an effort was made to have the immedjate premises entirely freed from
accumulations of manure at least one each week. Cylindrical traps like
those or in Farmers’ Bulletin 734 were set as soon as the first
flies appeared. They were baited with black strap molasses from sugar
cane diluted with three or four parts of water. The bait ‘was removed
once a week and the traps emptied when the accumulation of. dead flies
was so great as to reduce seriously the light under the trap. . Before
emptying the traps the living flies were killed by steaming the traps
‘for about & minute in a steam sterilizer. During the season the ten traps
used caught 86 gallons, or 2pproximately a half billion flies. The milk
room was practically free from flies throughout \the whole season.
“In order to protect the cattle as much as-possible from the born and
®
~ +.
Item 8r.— Milk ic or Siciiaksiiaiaieniabi:
There shall be provided a milk house or milk room for
the handling and storage of milk and/or milk products
-and the washing,. bactericidal treatment, and storage of —
milk apparatus and utensils. The niilk house or: room (a)
shall be provided with a tight floor constructed of con-
crete or other impervious material, in
repair, —
2264 and graded to provide_ proper_drainage ; “¢b) shall
have. walls and Ceilings of such construction as to
permit easy cleaning, and shall be well painted or finished
in a mannér approved by the .board of health; (c) shall
be well lighted and ventilated; (d) shall have all open- -
‘ings -effectively screened including outward-opening, self-
closing doors to prevent the entrance of flies; and (e) shall
be used for ho other purposés than those specified above,
shall not open directly into a stable, or gasoline engine
room, or into any room used for domestic purposes, shall
have water piped-into it, shall have proper provision for
adequate hot water which shall be so located and con-
stable flies a spray was used. It was thought best to apply a spray which
would kill the flies rather than merely repel them.
. “A good killing spray may be made by suspending 5-10 pounds of
" unground, -half-closed pyrethrum flowers (inclosed’ in a double-thickness.
cheesecloth bag) in a mixture of 9 gallons of kerosene ‘and 4 quarts: of
fuel oil of 28-32 gravity. The mixtures should stand 24 hours before
being used. It may not kill ail the flies immediately, but many flies that are
hit will fly away and eventually die. Fuel oll is the ordinary low-grade
oll that is burned in furnaces for heating, and usually can be bought
from fuel dealers. The “28-82” gravity does not mean: “specific gravity,”
but is a commercial term used in the oil business. If 28-32 oil is not
“available, use any furnace ofl. Lubricating dils, including waste oils from
engines should not be used. When only small: quantities of spray are
required, concentrated pyrethrum extracts may be bought. These need
qnly th the addition of kerosene and the fuel oil to make them effective.
2s “To \apply this extract an air-pressure sprayer was used which held .
about one gallon and could easily be operated with one hand. . In spraying
for horn flies an attempt was made to catch them a cloud of vapor
as they swarmed up after the first spray struck fhem, and this was
very effective. They were easily killed by the pyrethrum extract.: In
pres Msn this. spray, a nozzle which will produce a very fine vapor should
be used. This is facilitated by using plenty of pressure.
.“In spraying for stable fl flies, which are in most cases found sucking -
blood from the cows’ legs, the spray was shot directly on them, usually
with telling effect. Since the major part of the spray is kerosene, care
was taken not.to cover the cattle with ‘it unnecessarily, and they were
not curried or brushed, or turned out in the hot sun immediately after
being sprayed. By observing these precautions no trouble was experienced
from blistering.
“Althongh in both seasons the horn flies had appeared in considerable
numbers before the spray was used, their numbers were appreciably re-
duced after a week of daily spraying, and they were easily kept under
control the rest of the season.” 2
—_
54 a Exhibit ‘‘A.”’
"ducted as to prevent any. contamination of the milk or ° of
'. cleaned equipment.* .
8r(a)—Floors (Concrete or Other Impervious Material,
Graded to Drain).
rs Public health reason.—A well-drained concrete or other
impervious floor promotes cleanliness. .
Satisfactory compliance.—This item shall be deemed i.
have been satisfied when the floor consists of concrete,
- brick, tile, or other: composition material approved by .
the board of health and laid 80 as to be impervious and ~*
to drain peseeny.
Drain pipes s old: be carefully set before the floor is
. laid. A grade of one-fourth to one-half inch per foot gives
ample floor oe The finish of the floor should be
as smooth as. possible, and the junction of the floors and
walls should be curbed and the joint rounded to avoid
‘angles for collecting and holding dirt. If the milk house
_ is ef frame construction, all*walls (including: partitions)
should be made of the floor material up to a height of 10
, to 12-inches.
*Milk-house rs-of brick or“tonerete, i in 1 which depyes-
\sions have béen worn so that liquids stand in the are
nese a a Smooth floors, the drainage of which is
hot good, are unsatisfactory.**
8r(b)—Walls and. Ceiling (Painting or Other Approved
‘ _ Finish, Easily Cleaned).
Public health reason.—Construction’ which permits easy
cleaning promotes cleanliness.
Satisfactory: compliance.—This item shall be deemed to
have been satisfied when all parts of the walls and ceiling,
except light openings, are composed of
_. (1) A lining of smooth-dressed, matched lumber, well
painted with Tight colored washable paint,.or —
(2) Tile,,. éement blocks, bricks, concrete or cement
plaster, provided that the surfaces and Joints are smooth,
or
(3) Finished in some other. manner. approved by the.
board. of health.
The place in which utensils are Washed shall be considered part of
the milk room and all. -equirements of this section shall apply’ thereto.
- @® Such conditions can usually bé remedied by a new covering of rich
cement or fine aggregate concrete, preferably at least two inches thick to ©
avoid — repairs.
a
_™eoe ee eS ae
. a " : ° . e ; .
é we ie * ig .
| uaet Exhibit ‘‘A.”’ es bs 55
“8r(c)-—Lighting and Ventilation. |
Public health reason—Ample light promotes cleanli-
ness, and proper ventilation reduces likelihood of odors. —
Satisfactory compliance—This item shall be deemed to
have been satisfied if the window space is glazed and is@
“not less than 10 per cent. of the floor area and the light
is reasonably evenly distributed, and if the milk house is_
adequately ventilated in the judgment of the inspector.
A hooded) chute ventilator shall be provided, the cross-
section area of which is not less than fifty square inches.
A ventilator having a cross-section area of 100 square
inches is preferred and shall be required on all farms
which-may hereafter be approved to produce milk for sale
in Chicago. Doors and windows shall be Xept closed
during dusty weather. ~
Artificial. lighting is ‘also important. The milk house
must be well lighted for periods when- there is ‘not suf-
‘ficient natural light. The inspector shall consider the milk
house to be adequately provided with artificial light if it
is equipped with at least one 25-watt electric Meht or its
equivalent for each 100 square feet of floor area, reason-
_ ably evenly distributed. An ordinary one-inch-wide flat-
- wick oil lamp in good condition shall be considered the
approximate equivalent of one 25-watt electric light. A
gasoline or gas mantle lamp in good condition shall be
- considered the equivalent of four 25-watt electric -lights.°
8r(d)—Sereening.
Public health reason.—Effective screening tends to pre-
- vent the presence of flies, which are a public health men- ©
-ace. Flies may infect the milk with disease germs, which
-may multiply and become sufficiently numerous to spread
disease to the consumers. _ ; Ts Se rer eee
Satisfactory compliance.—This item shall be deemed to
have bten satisfied if all openings are effectively screened
whenever flies are evident, and outer doors open’ outward
and are self-closing. ; ae :
Broken, torn, or poorly fitted screens shall not be ac-
cepted as satisfactory compliance.® »
All open drains through the wall. of the milk house shall.
he properly screened, trapped, or plugged.
* Fiy exclusion can be.made more effective when screen doors. open
outward and are provided with clositig devices such as spring hinge,
palley and weight, coil spring. or similar measures. Poorly fitted doors
can be provided with flaps of canvas, linoleum, or other material.
rs
Tos,
56
Exhibit ‘‘A.’’:;.. pea y ee
° com
Screen cloth, tacked on the outside of the window frames
. J #0 as to cover openings completely, ° shall be ap- .
-proved.}
2265 Screen cloth coarser than 16-mesh tod the inch shall
not be used.* ;
Screened milk-house extensions used for storage of uten-
.sils shall be approved as part of the milk house if pro-
vided -with a tight roof and not exposed to dust. If suc
ee are — to dust they shall be made dust-
proo
8r(e)—Miscellaneous eileen “=
The milk house or roam, must, in order ,té comply with
this section, be a separate room uséd for no other purpose
_/ than milk ‘handling and equipment cleaning and bacteri-
eidal treatment of equipment, and these operations may
~ not be conducted elsewhere except as- subsequently -
_ noted.***
“When the milk Sain is a part of or is attached to the
. barn or dwelling, this part of item 8r shall be deemed to
have been satisfied if there is an outside entrance but no
entrance’ through the partition wall, or, if. entered from
‘the barn, the entrance is through self-closing doors hav-
ing # ventilated vestibule between them and so arranged °
that both doors will-not be open at the same time.
The factors and: conditions which shag] determine the
location of the milk 7 are:
(1) Availability of water. . j
orb Transportation f every bucketful of milk from
.
(3) Drainage.
(4) Contaminating $urroundings.
. Each milk house shall have proper provisions for ade-
t If the screens are exposed to stress of any kind, om bars of wood -
. across them will prevent breaks or tears.
* The screen cloth of doors should be. protected by iden of wood | or br
a piece of hardware cloth placed across the bottom panel. and at the
level where the hands or elbows are generally placed in opening the door.
** When milk is handled in a room used for sleeping or domestic ‘pur-
poses or which opens directly into a room so used, the milk ix apt to he
— to infection -from persons other than regularly employed milk —
er
e**Jf the milk room opens directly into the barn, so that a door is
the only barrier between it and the barn, flies are certain to enter the
6
PRD ERE DTPA se LI IONE | TONY Sse | Pte SPIE
Exhibit “<A.” Foe,
quate hot water. The piping of water into the. milk house
shall be required.
_ The waste water from the cuban: of utensils’ ena the
scrubbing of. the milk house must be led away, and the sur.
: roundings of the milk room should be clean and dry.*°** »
~~ Ttem 9r.—Milk House or Room, Cleanliness and Flies.
The floors, walls, ceilings, and equi ment ‘of the milk
‘house or room shall be kept clean at all times. All-means
necessary for the elimihation of flies shall be used.
Public ‘héalth reasoén:—Cleanliness and freedom from.
flies in the milk room reduce the likelihood of contamina-
tion ‘of the. milk.
Satisfactory compliance. —This item shall be deemed to |
have been satisfied if:
(1) The floors, Walls, windows, acer tables, and
equipment are clean, and
(2) The milk room is free from trash. el articles niet
used in the milk-room work, such as engpty cartons, paste-
- board boxe old papers, feed sacks, bro crates, ete., and
(3) Very few or no flies are present.
’ The milk-house floors should be flushed and swept im-
mediately after the operations incidental to each «milking
‘ are completed. Tables should be scrubbed daily. Unless
the boards of table tops are tight-fittiig they should be
> separated by spaces at least -inch wide: The walls and
ceiling should be flushed down as often as necessary>~
_ Rubbish shall be kept remeved from the milk house.
‘Coagulated grease shall mot be permitted to accumulate
in corners and crevices of the washing vat or between the
— vat and the wall. .
‘ Flies which enter the milk house i in spite of good screen-
°
s*** For these reasons the milk house should preferably be located _ .
where the natural drainage is good. Wastes from the milk room shal}, be
disposed of as indicated for. barn -wastes under item 6r (a).
The dairymian may be guided by the-@llowing suggested approximate
inilk house dimensions.
- Suggested Floor Space -of Milk House wn!
Milk outpyt Existing. | -_ Future.
‘ingallons: milk houses : “milk houses :
Under 20: .. 4x 12°x 19
-20-50 : ° 107° x19 12x12”
50-100 . 10’.x 12’ 12° x 14’
Over 100:) 19x14’ 12’ x 16’
See Farmers’ Bulletin. No. 1214.
g
? 7 > ? ‘ > eo
58 Oe Babibit eal
ing should be killed daily by means of fly paper, fly traps,
or fly-killing sprays or powders, or other mears.. |
This section forbids the location of gas meres in the
- milk room. |
Item 10r. —Toilet,
Every dairy farm shall be provided wih ‘one or more
‘sanitary toilets conveniently located, and constructed, op-
erated, and maintained in accordance with the recommen-
dations of the board of health so that the waste is inaé- _
- cessible to flies, and does not pollute the surface soil or |
contaminate any water supply. \
Public health reason.—The organisms of typhoid hover,
dysentery, and ¢olitis are présent i e body wastes of
pers - ee with*these diseases. In’ the case of typhoid ~-
fever well persons (carriérs) may discharge the organisms —
in heir. body wastes. If a toilet’is not fly tight and so ¥
constructed as fo prevent overflow, infection may:be car- —
ried from the excreta to the milk by flies, or through the
= of water supplies or streams. in viich the cows .."'
wade
‘ .. Satisfactory compliance. —This item shall be deemed to
: have been satisfied if:.
2266 (1) There i8 one or more flush toilets connected
to a sewer system or to a residential sewage disposal.
plant and constructed and operated in’ accordance with
plans and instructions of the board of health, or —
(2) A chemical toilet or pit privy is provided, con-
' structed and operated in accordance with plans and in-
structions of the board of health.
(3) There is no evidence of bua defecation or urina-,
tion about the dairy premises except in the toilets pro-
vided Tor these purposes.
. (4) Any other requirements of the board of health are
satisfied. af
Provided further, that’ (1) and (2) sh#ll inalude at least
* Yhe following minimum standards:
A. Flush toilets ——At dairy farms provided with water :
under pressure, fitish toilets are preferable and their in- -
_ stallation.shall conform to the board of health plumbing.
‘ regulations which 4Nall incindé (a). water pressure at all - .
times sufficient to*fill the toilet reservoir; -(b) toilet bowl
of non-absorbent material, rim-fush, properly vented and
f.
cod
ji @. ses , ‘
Sool ra tee, ot
". trappedjand with tight joints; (c)' toilet placed in a well
lighted and ventilated room which does not open: directly
in to the milk room; (d) fixtures protected against freez-
ing; (e) any ather requirement of the board of health. _
Satisfactory dis 1 of the effluent- from such toilets
should preferably be into a sani sewer system, other-
- wise treatment in a sepfic tank shafild be required and the
effluent a into the, soil.” If proper soil is not
available, the effluent shall be disposed of in accordance
with the rules of the board of health. | i
The' following shall be considered defects in flush toilet .
installations: (a) insufficient water pressure or volume;
(b) leaky plumbing; (c) clogged sewers as evidenced by
overflowing tpilet bowl; (d) broken tile lines or clogged
disposal field; (e) dairy cows having access to the effluent .
below the sewer or disposal field discharge; (f) the efflu-
ent coming to the surface of the ground in the absorption °
field; (g) toilet-rooth floor soaked with urine or other dis-
charges; (h) offensive odors or other evidence of lack of
_ cleanliness; (i) violation of any other requireme ) the
board of health. :
B, Chemical "sets —In areas where pit toilets might
menace water supplies, or where a sufficient volume. of
‘water for the operation of flush toilets is not available, the -
chemical toilet may be accepted: provided it (a) has a re-
ceiving tank of acid-résisting material with an opening |
easily accessible for cleaning; (b) has a bowl of nonab-
sorbent material sufficiently elevated above the receiving
basin to avoid splashing the user; (c) has the tank and
bowl vented with at least a three-inch screened pipe, pre- « —
ferably of cast iron, which extends at least’ two feet above .
the roof line; (d) has the tank charged at proper intervals
with chemicals of ‘a bactericidal nature gnd concentration ;
(e) is placed in a well-lighted and ve ted room which
does not open directly into the milk r dairy barn;
(f) has an effective method of final dispotal ineluding
burning, burial,°or leaching vat or cesspool ‘Where such
cesspool will not endanger any water supply.
The following shall be considered defects in a chemical
toilet installation: (a) violation of any of the above re-
quirements; (b)} disagreeable odors indicating too. infre-
quent charging with chemicals, or inadequate concentra- ..—
tion of chemicals in the charge; (c) evidence of improper
disposal of the tank contents; and (d) lack of cleanliness _
. in the toilet compartment and room.
O° Bahibit “A,”
€. Pit toilets—For satisfactory compliance the follow-
ing specifications shall apply: sete ate
_ (a) Location.—Pit
_ ernous or loosely stratified: formations, nor in close prox-
* jmity to shallow wells. \ The. location of the pit shall -be
- consistent with the requirements ,of item llr. The pit
should preferably be at least 50 feet'distant from any well,
spring, or other source of domestic water supply and, -if
possible, upon ground sloping from the water supply. A
ilets shall not be installed in cav- ~
distance of less than 50-feet will. be permitted’ only upon...
specifichbapproval of the board of health..
(b) Thé pit—The pit shall have an original minimum
capacity of not less than 60 enbic feet and shall be so exca-
vated that the cribbing, when inserted, chall make a firm,
: uniform contact with the earth walls on all sides. ls
_ (e) Pit cribbing.—The pit cribbing shall extend not less
than three inches above the original ground line, and to
_ the full depth of the pit except in rock formation or in
_ very tight sofl, in which cases the lower section of the .
cribbing may be omitted. Sa. ae Ay
(d) . Pit. curbing.—In case of, concrete 6r metal-slab
* privies, an- additional collar of reinforced concrete shall
constructed.around and just outsidevthe top of the pit
cribbing on which to set the slab. ThisgcoMar shall be at ©
least three inches wide and extend down at, least four
inches into firm earth and up to the'top of the pit cribbing. .
In the case of wood-slab privies, if such a concrete collar is
not constructed, there shall be constructed,in lieu thereof
.a mudsill ofeat least 2-inch by 4inch material around. and
just outside the :top of the pit cribbing. This sill
' 2267 shall be at least as long and ag{wide as the privy floor -
| or pit cover and shall be set on well-tamped earth. —_.
(e) Pit Mound.—An earth mound ‘shall be banked by ©
tamping the excavated earth in layers around the pit curb- |
ing and level with the top of the curbing. for a distance of
not less than 18 inches, then outward to. meét the sur-
7 —" ground surface with a slope. not-greater. than
in 3.. ah “ys : f .
{f) Seat riser—The bench or, seat ‘risér shall have an
inside clearance of not less than-I8 inches to the front. and
rear walls and not less thah 12:inches to the side walls:
_ The top of the seat shall be not Tess than 12 nor more than
16 inches from‘ the floor. The seat riser shall be‘so con- |
y’
”
° ; : LN
Q
. -” \
°
OS i eee Glo
~ structed and. bonded with the floor as to prevent seepage
“" through the riser onto. the- floor.
’ (g) * Seat cover.—The ‘seat opening shall be. covered
with a lid, hinged ‘so as to provide a clearance of not less
_ than three inches horizontally between the back of the seat
opening and the lid when raised. The-lid shall be so con-
structed and installed thft when closed it will exclude flies. -
(h) Vent pipe.—The pit sliall be vented from the riser
-~ toa point outside the building by’a flue or vent pipe having
a cross-sectional area of not less than’seven square inches, .
The joints shall be tight and the opening screened with46-
‘mesh copper screen wire. ce ns
(i) Floor and riser.—The floor and riser shall be built’
of impervious material or tongue-and-grooved lumber, in a
manner to exclude flies. The floor and bench, or riser, for.
a single unit shall cover an area of at least 16 square feet.
__ {j) | Superstructure—The house” shall be rigidly con-
~ ‘structed and shall provide privacy and protection from the
‘elements. Except where climatic
This text is long and has been trimmed here. Open the source document for the complete record.
This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.