ORDINANCE NO. BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF LAWRENCE, KANSAS: Chapter 291 of the Session Laws of Kansas, 1961, and

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1 ORDINANCE NO. :3/ Ji,P AN ORDINANCE RElATING TO HEAL Til, REGUlATING TilE PRODUCTION, TRANSPORTATION, PROCESSING, HANDLING, SAMPLING, INSPECTION, EXAMINATION, GRADING, REGRADING, LABELING, DELIVERY AND SALE OF MILK AND MILK PRODUCTS, TilE INSPECTION OF DAIRY HERDS, DAIRY FARMS, PUBLIC DAIRIES AND MILK PLANTS; INCORP RATED BY REFERENCE CHAPTER 291 OF THE SESSION LAWS OF KANSAS, 1961, CHAPTER 65, ARTICLE 7 OF THE GENERAL STATUTES OF KANSAS, 1949, AS AMENDED BY THE GENERAL STATUTES SUPPLEMENT OF 1959, THE UNABRIDGED FORM OF THE MILK ORDINANCE AND CODE RECOMMENDATIONS OF THE PUBLIC HEALTH SERVICE, U.S. DEPARTMENT OF HEALTH, EDUCATION AND WELFARE, BEING PUBLIC HEALTH SERVICE PUBLICATION NO. 229, AND THE REGULATIONS FOR GRADE A MILK AND MILK PRODUCTS FOR HUMAN CONSUMPTION PRODUCED OR SOLD IN THE STATE OF KANSAS, PROMULGATED AND ADOPTED BY THE KANSAS STATE BOARD OF AGRICULTURE ON JANUARY 11, 1956, EFFECTIVE APRIL 1, 1956, EXCEPT SUCH PARTS OR PORTIONS OF SAID STATUTES, MILK ORDINANCE AND CODE AND REGULATIONS AS ARE SPECIFICALLY CHANGED, OMITTED OR ADDED TO IN THIS ORDINANCE; PROVIDING FOR THE EM PLOYMENT, DUTIES AND COMPENsATION OF A «XU MILK SANITARIAN; RESTRICTING THE GRADE AND QUALITY OF MILK AND MILK PRODUCTS WHICH MAY BE MOVED INTO,SOLD, OR RECEIVED FOR HUMAN CON SUMPTION WITHIN THE CITY OF LAWRENCE OR ITS POLICE JURISDIC TION; PROVIDING FOR MILK PERMITS AND ANNUAL REGULATORY FEES FOR SUCH PERMITS; PROVIDING PENALTIES FOR V+0~9tONS OF SAID ORDINANCE; AND REPEALING ORDINANCE NO bF 0 SKID CITY. BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF LAWRENCE, KANSAS: SECTION I. Chapter 291 of the Session Laws of Kansas, 1961, and Chapter 65, Article 7 of the General Statutes of Kansas, 1949, as amended by the General Statutes Supplement of 1959 are hereby incorporated by reference herein and made a part of this ordinance as if the same had been set out in full herein, excepting only such parts or portions thereof as are specifically changed, omitted or added to in this ordinance. SECTION II. Section 1 (b) and Section 7 of Chapter 291 of the Session Laws of 1961 are hereby expressly omitted from this ordinance. SECTION III. The licensing and penalty provisions of Chapter 65, Article 7 of the General Statutes of Kansas, 1949, as amended by the General Statutes Supplement of 1959, are hereby expressly omitted from this ordinance. SECTION IV. The unabridged form of the Milk Ordinance and Code Recommendations of the Public Health Service, U.S. Department of Health, Education and Welfare, Public Health Service Publication No. 229 is hereby incorporated by reference herein and made a part of this ordinance as if the same had been set out in full herein, except such

2 -2- parts or portions thereof as are specifically changed, omitted or added to in this ordinance: Provided, That the words "municipality of " in said unabridged form shall be understood to refer to and for the purposes of this ordinance, they shall refer to the City of Lawrence, Kansas: Provided further, That in said unabridged form, all parenthesis marks enclosing words refering to degrading shall be understood to be, and for the purposes of this ordinance, they shall be omitted. SECTION V. Paragraph K of Section 1, and all of Sections 8, 11, 16, 17 and 18 of the Milk Ordinance and the corresponding provisions of the Milk Ordinance and the corresponding provisions of the Milk Code Recommendations are hereby omitted from this ordinance. SECTION VI. For the purposes of this Ordinance, Paragraph R, Section 1 of the Milk Code Recommendations of the Public Health Service is amended to read as follows: R. The term "Health Officer" shall mean the Lawrence--Douglas County Health Director employed to administer this ordinance. SECTION VII. The Regulations for Grade A Milk and Milk Products for Human Consumption Produced or Sold in the State of Kansas, promulgated and adopted by the Kansas State Board of Agriculture on January 11, 1956, effective April 1, 1956, and filed in the office of the Revisor of Statutes, Regulations No , are hereby incorporated by reference herein and made a part of this ordinance as if the same had been set out in full herein, except such parts or portions thereof as are specifically changed, omitted or added to in this ordinance. SECTION VIII. Subsection and Sections and of Regulations No of the Kansas State Board of Agriculture are hereby omitted from this ordinance. IX. SECTION ~~For the purpose of this ordinance, Section of the said Regulations No of the Kansas State Board of Agriculture is hereby amended to read as follows: The term "Milk Sanitarian" shall mean the person employed to administer this ordinance, under the supervision of

3 -3- the Lawrence--Douglas County Health Director. SECTION X. (a) As used in this ordinance, the term "police jurisdiction" refers to the jurisdiction of the city and its officers over all places within five (5) miles of the corporate limits of the city for the enforcement of health ordinances and regulations of the city. (G. S , , and any amendments thereto) (b) As used in this ordinance, the term "limits of routine inspection" shall include all the area or territ()ly surrounding the city in which are located dairy farms supplying grade A raw milk for pasteurization to milk plants or public dairies which are situated within the city or its police jurisdiction: Provided, That if the owner of any dairy herd, dairy farm, milk plant or public dairy located outside the limits of routine inspection, as herein defined, shall request inspection by the Milk Sanitarian of the city, he may make such inspection and the fee therefor shall be the actual cost of such service. (c) As used in this ordinance, the term "milk products" shall be taken to mean and include: cream, sour cream, half and half, reconstituted half and half, whipped cream, whipping cream, aerated whipped cream, concentrated milk, concentrated milk products, skim milk, nonfat milk, defatted milk or low fat milk, flavored milk, flavored drink, flavored reconstituted milk, flavored reconstituted drink, buttermilk, cultured buttermilk, cultured milk, vitamin D milk, reconstituted or recombined milk, reconstituted cream, reconstituted skim milk, skim milk, cottage cheese and creamed cottage cheese, and any other product made by the addition of any substance to milk or to any of these milk products and used for similar purposes and designated as a milk product by the Health Director; Provided, That this definition is not intended to include such products as eva porated milk, "-:../ condensed milk, butter, sterilized milk or cream and eggnog which do not require refrigeration, and cheese, except when they are combined with other substances to produce reconstituted milk or cream or any other product defined herein.

4 -4- Eggnog products which constitute alcoholic liquor under the laws of this state and ice cream and frozen desserts shall not be designated as milk products under this ordinance, but they shall be regulated under state statutes and ordinances of the city, if any, which are specially applicable to such products. SECTION XI. The Lawrence--Douglas County Health Director of Lawrence shall make only such inspections of dairy herds, dairy farms, public dairies and milk plants, and shall make only such examinations of milk and milk products as are specifically permitted under the provisions of Chapter 291 of the Session Laws of Kansas, SECTION XII. It shall be unlawful for any person to move into, deliver or sell within the City of Lawrence, Kansas, or its police jurisdiction, any m:tlk or milk products for human consumption except: (a) Grade A raw milk for pasteurization, grade A pasteurized milk and grade A pasteurized milk products which have been inspected by either the Lawrence--Douglas County Health Director of the city or by a state agency or political subdivision of the State of Kansas, and which have been currently designated Grade A and which currently have a ninety per cent (90%) survey rating as determined by the Kansas State Board of Health. (b) Raw milk for pasteurization produced outside of this state and milk and milk products produced and pasteurized outside of this state, and beyond the limits of inspection of the Lawrence--Douglas County Health Director of the city, state agencies and political subdivisions of the State of Kansas may be moved into, delivered and sold for human consumption within the city and its police jurisdiction only if they have at least a ninety per cent (90%) survey rating as determined by the Kansas State Board of Health; Provided, That this entire Section 12 shall not apply to milk delivered to a milk plant and sold for manufacturing purposes only, in accordance with Regulations No of the Kansas State Board of Agriculture.

5 -s.- SECTION XIII. It shall be unlawful for any person to move into, to deliver or to receive within the City of Lawrence, Kansas, or its police jurisdiction any milk or milk products permitted to be sold for human consumption therein under the provisions of Section 12 of this ordinance, without first applying for and securing a city milk permit from the City Clerk. SECTION XIV. Applications for city milk permits must be made in writing and filed with the City Clerk. Every application shall state and include: (a) The name and address of the applicant, and whether the applicant is a milk producer, milk hauler, milk plant-.distributor, milk distributor operating a retail store or eating establishment, milk producer-distributor, or the operator of a milk plant-distributor and the applicant's principal place of business. (b) The kind of milk or milk products foryhich he seeks a city milk permit. (c) If the applicant's milk or milk products are not produced and pasteurized within the limits of inspection of the Lawrence- Douglas County Health D~~~ the applicant must furnish proof that the Kansas State Board of Health has determined that such milk or milk products have a current survey rating of at least ninety per cent (90%). SECTION XV. Whenever an application for a milk permit is filed with the City Clerk, he shall submit said application to the Lawrence- Douglas County Health Department, who shall examine the application and determine whether the application complies with the requirements of Section 14, above. If he approves the application, the Lawrence- Douglas County Health Director shall endorse such approval on the application and return it to the City Clerk, who shall thereupon issue a milk permit to the applicant, if the applicant shall pay the permit fees required under section 16 of this ordinance.

6 -6- SECTION XVI. In order to prov ide funds for payment of the actual cost of the services performed by the Lawrence-Douglas County Health Director in making bacterial, butterfat, temperature and coliform determinations of milk and milk products moved into, distributed within or sold within the city or its police jurisdiction and for payment of the actual cost of the inspection services performed by the Lawrence-Douglas County Health Director in determining that milk or milk products meet the requirements of this ordinance for grade A raw milk for pasteurization, grade A pasteurized milk and grade A pasteurized milk products, each person, firm or corporation holding a milk permit shall be required annually on or before January 15th to pay to the City Clerk the following fees for a permit: (a) Holder of a milk producer's permit... $ 5.00 (b) Holder of a milk hauler's permit $ 1.00 (c) (d) Holder of a milk distributor's permit... $ $5.00 for each truck or other conveyance moving milk into city; Holder of a retail store or eating establishment milk distributor 1 s permit... $ (e) Holder of a milk plant~distributor's permit..... $ 5.00; and ~5.00 for each producer supplying said plant; $5.0D;_ or each (:f) ii aha9i &6}~fk:<;~l~i\UiiW ttiln.a;;pp;'s pgnujt....: S. SECTION XVII. The.. H ea_l_t_h D_~_ r_e_c_t_o_r, fila_y of the city ~ employ a ~ Milk Sanitarian to administer the provisions of this ordinance, whose compensation shall be fixed by the SECTION XVIII. Any person violating the provisions of this ordinance shall, upon conviction thereof, be punished by a fine not exceeding One Hundred Dollars ($100), or by imprisonment not to exceed thirty (30) days or by both such fine and imprisonment. Each day's violation of this ordinance shall constitute a separate offense. SECTION XXI. If any phrase, clause 1 paragraph or section of this ordinance is declared unconstitutional or invalid by any court of competent jurisdiction, it is hereby declared that the Governing Body would have enacted the remaining portion of this ordinance without the

7 -7- phrase, clause, paragraph or section so held unconstitutional or invalid. SECTION XX. Ordinances 2591 and 2695 of the City of Lawrence and all ordinances or parts of ordinances in conflicttherewith are hereby repealed. SECTION XXI. This ordinance shall take effect and be in force from and after its publication in the official city paper. PASSED by the Governing Body of the City of Lawrence, Kansas, this 9th day of January, ATTEST: Ted A. Kennedy, Mayor H. C. Fisher, City Clerk I ~-., c~:r:ry that the fnregoin;:: =s a trur- : ~:..-: 7Bd copy of the ori~i;l,;l ord:-.. :'c:!; t!wt s.:~id or&~1-~ e was pass-,q or: t~e ::J doy of_. c~, f ~te,at the record of f e fino~ YO. te on its '1ssage is found on page i of Joue" -d h ; that it wcs :mbfislted ir ~he ~renee DailyYJ_.. ournai-wo ~d on t; ~ / Day of -~ o-v-..., 19 0l.- :f.. ~, ~' )--lc' v City