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Milk (and Milk Products) BylawsP.N. 627/1950 (as amended) SECTION D.2 MILK (AND MILK PRODUCTS) BYLAWS. 1. In these Bylaws, unless inconsistent with the context - "City" means the City of Durban; "Coliform organisms" shall mean aerobic and facultatively anaerobic, Gram-negative, non-spore forming rods capable of fermenting lactose in the presence of bile salts and producing acid and gas at 30oC or 37oC within 12 or 48 hours of incubation respectively; (P.N. 254/80) "Communicable Disease" means any of the diseases mentioned in Schedule E; "Council" means the City Council of Durban; "Dairyman" means any person who owns or controls a herd from which milk or milk products are supplied or sold to a milk dealer for the purpose of pasteurisation or similar processing for human consumption; (P.N. 400/60; 734/75) "Detergent' means a substance or compound soluble in water which at a temperature of 50o Celsius will provide complete removal of all types of characteristic soiling materials in a short period of time, will produce a free-rinsing surface, will reduce to a minimum the formation of a film of precipitated mineral salts and similar substances on the washed surface and will function effectively in waters of varying hardness; (P.N. 705/70) "Herd" means the cows in milk kept by a dairyman at the premises used by him for the purpose of his business and includes any other bovine animals except calves kept in contact with cows while they are in milk; "Ice Cream" shall have the meaning assigned to it in the Regulations under the Food, Drugs and Disinfectants Act, 1929 (Act No. 13 of 1929), and any amendments thereto, and shall include "Ice Cream Mix", "Milk Shake" and "Sherbet" as defined in the said Regulations and any frozen or partially frozen product of which milk or a milk product, butter or condensed, evaporated, concentrated or dried milk or skimmed milk is an ingredient; (P.N. 400/60) "Milk" means milk delivered from cows or goats other than sterilised milk or milk products and ultra-high temperature milk or milk products and "raw-milk", ",ilk for pasteurisation" and "pasteurised milk" means milk conforming to the relevant standards prescribed in these Bylaws; (P.N. 400/60; 734/75; 422/81) "Milk Cooler" means an apparatus capable of cooling milk to a temperature of 7o Celsius or less; (P.N. 705/70) "Milk Dealer" means any person who receives milk or milk products from a dairyman or milk dealer for the purpose of pasteurisation or other processing and resale after such processing and includes a manufacturer of ice-cream; (P.N. 400/60) "Milk Depot" means premises, whether within or without the City, used for the collection, storage, handling or processing of milk or milk products; (P.N. 400/60) "Milk Products" means ice cream, sweet cream, sour cream, skimmed milk, sour milk, butter milk, acidophilus milk or similarly prepared milk and includes any such product or milk which is cultured or to which any colouring or flavouring substance has been added; (P.N. 734/75) "Milk Room" means a room or building used for the purpose of handling, straining, mixing, preparing, cooling or storing milk or milk products; (P.N. 400/60) "Milk Shop" means any premises (other than a dairy or milk depot) or any part of such premises in or from which milk or milk products are sold; (P.N. 400/60) "Milking Parlour" means any milking shed in which a succession of cows is milked by mechanical means and which is used exclusively for such milking; (P.N. 734/75) "Milking Shed" means any building or structure or any part of such building or structure used for the accommodation of cows whilst they are being milked; (P.N. 734/75) "Medical Officer of Health" means the duly appointed Medical Officer of Health of the City and shall include any duly appointed Assistant Medical Officer of Health for the City and any other person from time to time lawfully acting in either such capacities; "Owner" or "Occupier" shall have the meanings assigned to them in the Public Health Bylaws for the City of Durban, promulgated under Provincial Notice No. 225 of 1911 (as amended) (P.N. 255/73) "Pasteurising Plant" means plant installed in a milk depot and used for the purpose of treating milk so as to bring such milk into conformity with the standard prescribed for pasteurised milk in these By-laws; (P.N. 400/60) "Premises" means any manufactory, shop, store or other building and the land upon which the same is situated or which is used in connection with the business carried on therein and includes premises situate outside the City; "Purveyor" means any person, other than a dairyman or milk dealer, who, in the course of business, sells milk or milk products for human consumption; (P.N. 400/60) "Registered" means registered in terms of these By-laws; "Sell" means sell by wholesale or retail and, in addition to its ordinary meaning, includes offer, advertise, keep, expose, transmit, consign, convey or deliver for sale or authorise direct or allow a sale or prepare or possess for purposes of sale, and further includes barter or exchange or supply or disposal for any consideration, direct or indirect; "Sterilised Milk or Milk Products" means milk and milk products which have been treated in hermetically sealed containers for such period and at such temperature that all micro-organisms have been destroyed; (P.N. 422/81) "Ultra-High Temperature Milk or Milk Products" means milk and milk products which have been subject to heat treatment at not less than 135o Celsius for a period of not less than 3 seconds; (P.N. 422/81) "Sterilising Plant" P.N. 400/60. Deleted by P.N. 734/75. "Veterinary Officer" means a veterinary surgeon in the employ of the Council or any qualified veterinary surgeon acting under the instruction of the Medical Officer of Health; "Wash Room" means a room or part of a room used for the cleansing and sanitising of milk vessels, utensils and apparatus; (P.N. 734/75) GENERAL 1A Nondiscrimination (1) Subject to the provision of subsection (2) hereof, no provision of these Bylaws shall be applied so as to discriminate between persons on the grounds of race, religion or gender nor shall it be so construed as to have the effect of authorising such discrimination. (2) Notwithstanding the provisions of subsection (1) hereof, discrimination on the grounds of gender may expressly be authorised in terms of any provisions of these Bylaws which prescribes the wearing of appropriate apparel in a public place or imposes a restriction upon the entry of persons into public ablution, toilet and change room facilities or prescribes different standards for such facilities. (M.N. 43/92) Limitation of Powers outside Durban 1B These bylaws shall apply to premises situate outside the City only where such premises are registered in respect of, used or proposed to be used in connection with, the supply of milk and milk products to the City. (P.N. 734/75) Authorised Officers 2. The undermentioned persons are hereby constituted duly authorised officers for the purpose of these Bylaws: The Medical Officer of Health Any veterinary officer Any Health Inspector in the employ of the Council Any other persons specially authorised by resolution of Council to perform the functions of a duly authorised officer under these Bylaws. Powers of Entry, Inspection and Examination 3. Any duly authorised officer may at all reasonable times inspect and examine any milk or milk product and any premises, cattle, plant, machinery, utensils, vessels, receptacles, vehicles and the like from, in or by which milk or milk products are produced, manufactured, prepared, stored, kept or conveyed and no person shall - (i) refuse or without lawful reason fail to give access to any such officer if he requests entrance to or upon any premises; or (ii) refuse or without lawful reason fail to give any information lawfully required by such officer; or (iii) obstruct or hinder such officer in the execution of any of his duties or the exercise of any of his powers under these Bylaws. Medical Officer of Health to Keep Register 4. The Medical Officer of Health shall keep a register of the names and premises of dairyman, milk dealers and all persons engaged in the manufacture and/or distribution of milk products for human consumption within the City. Business to be Authorised. Dairyman or Milk Dealer. 5. No person shall carry on business as a dairyman or milk dealer except under the authority of the written permission of the Medical Officer of Health, which permission the Medical Officer of Health may grant (subject to such conditions or restrictions as he may determine) or refuse. (P.N. 400/60) Purveyor : Machines. 5. (bis) No purveyor shall, except under the authority of the written permission of the Medical Officer of Health, use any automatic vending or other machine for the purpose of selling or dispensing any milk or milk products, which permission the Medical Officer of Health may grant (subject to such conditions or restrictions as he may determine) or refuse. (P.N. 67/63; 27/70) Application for Certificate of Registration to Carry on Business. Dairyman, Milk Dealer or Purveyor. 6. (a) Application for the authority required in terms of sections 5 and 5 bis. shall be made to the Medical Officer of Health on a form obtainable from the Medical Officer of Health. (P.N. 67/63) (b) Upon the grant of any such application, the Medical Officer of Health shall issue to the applicant a certificate of registration substantially in the form prescribed in Schedule B.1 of these Bylaws. Such certificate shall be valid until the 31st December of the year of issue, providing that a certificate of registration in respect of a dispensing machine may be valid for such extended period as may be determined by the Medical Officer of Health in his sole discretion. (P.N. 734/75) (c) Every holder of a certificate of registration shall carry on his business in accordance with these Bylaws and any conditions or restrictions imposed by the Medical Officer of Health and shall, in connection with such business, only use the buildings, plant, equipment, containers, vehicles and water supply specified in the certificate of registration or in the certificate of registration of buildings or plant issued to him in terms of Bylaw 8. (d) Applications for renewal of certificates or registration to carry on any of the aforesaid businesses shall be lodged with the Medical Officer of Health on or before the 15th day of December. (P.N. 400/60) Particulars to be Lodged. 7. An applicant for a certificate of registration to carry on business as a dairyman or milk dealer or manufacturer of milk products shall lodge with his application - (a) a locality plan drawn to a scale of not less than 1: 1000 showing all roads and dwellings within a radius of 90m from the premises upon which the business is to be carried on; (P.N. 705/70) (b) plans and sections to a scale of at least 1: 100 of the buildings erected and to be used or proposed to be erected and used for the purposes of the business for which the certificate of registration has been sought; (P.N. 705/70) (c) particulars of the plant installed and to be used for the purposes of the business for which the certificate of registration is sought, including the number, capacity and type or description of all boilers, sterilisers, coolers and other apparatus; (d) particulars with any necessary explanatory drawings of the means proposed to be adopted for the disposal of and to prevent nuisance arising from - (i) fluids and liquid waste matters discharged from the premises; (ii) solid waste matters; (e) particulars of - (i) the materials used or to be used in the construction of and the dimensions of the Native quarters (including sleeping, living, mess and change rooms, kitchens, bath or wash rooms and latrines and the like) proposed to be used; (ii) the nature of the proposed water supply and the situation of the proposed points of distribution; (iii) the type of sanitation proposed and the number of seats to be provided; (f) particulars of the total area of the land to be used in connection with the business for which the certificate of approval is sought, the portion or portions to be used as paddocks and the number of bovine animals proposed to be kept; and (g) particulars of grade of milk which he intends to sell or supply during the period covered by such certificate of registration. Applications for Certificates of Registration: Buildings and Plant. 8. Applications for certificates of registration of buildings or plant shall be made on the form prescribed in Schedule A.2 hereto and may be made at any time and certificates of registration of such buildings or plant shall be in the form set out in Schedule B.2 hereto. Subsequent Alterations or Additions to Buildings and Plant. 9. (a) For the purpose of this By-law a building or plant shall not be deemed to have been specified in any certificate of registration if any alterations or additions have been made to it after the date of issue of such certificate. (b) In the event of any alteration or addition being made to any premises registered under these By-laws, the person to whom a certificate of registration in respect of such premises has been issued shall inform the Medical Officer of Health of such alterations or additions and shall furnish him with a plan in duplicate, showing the existing buildings, together with the alterations and/or additions, and such plan shall, after approval, be substituted for the plan attached to the original application and certificate. Application for Alteration of Conditions. 10. In the event of any person to whom a certificate of registration has been issued being desirous of altering any of the conditions subject to which such certificate has been issued, he shall make written application to the Medical Officer of Health for such alteration and shall, with such application, forward the certificate to the Medical Officer of Health in order that such altered conditions, if approved, may be endorsed on the certificate. Purveyor's Business: Restrictions. 11. (a) No purveyor shall sell any milk or milk products - (i) other than milk or milk products, conforming to the specifications prescribed by these By-laws and obtained from a registered milk dealer in bottles or other containers filled, packed or wrapped in accordance with the requirements of these By-laws on the premises of such milk dealer; (ii) for consumption off the premises otherwise than in the sealed and unopened bottles or containers in which such milk or milk products were obtained from the registered milk dealer; provided that nothing herein contained shall preclude the sale on such premises of ice cream in cones. (b) All milk and milk products kept by a purveyor on the premises for sale shall be stored under refrigeration or in a cold room at a temperature below 7o Celsius. (P.N. 705/70; 422/81) (c) Every purveyor shall, in handling ice cream on the premises, use approved apparatus, instruments or dispensing machinery. (d) Where ice cream in the possession of a purveyor thaws, it shall not thereafter be refrozen or sold. (e) The provisions of this Bylaw shall mutatis mutandis, apply to milk or milk products supplied to members of the public by any person or organisation. Nothing in this Bylaw shall be construed as preventing the preparation of partially frozen "ice cream mix" upon the premises of a purveyor. (P.N. 400/60) Only Milk Covered by Certificate of Registration to be Sold, etc. 12. No dairyman or milk dealer shall, during the period covered by the certificate of registration, sell or supply any grade of milk other than that specified in his certificate of registration without the written permission of the Medical Officer of Health. Certificates of Registration Not Transferable. 13. No certificate of registration shall be transferred from the holder thereof to any other person, but, in the event of such holder disposing of his business to any other person, such other person shall make application for a certificate of registration in his name for the premises and business concerned, and no certificate of registration shall be valid in respect of any premises other than those specified in such certificate and on the plan attached thereto. Grant or Refusal or Revocation of Certificates. 14. (a) The Medical Officer of Health may refuse an application for a certificate of registration if, in his opinion - (i) the locality of the premises sought to be registered is unsuitable, having regard to environment or to accessibility or distance of the premises from Durban or from a milk depot; (ii) the buildings, plant, water supply or other condition or circumstances is contrary to the provisions of any of these Bylaws; (iii) the granting of a certificate of registration would be prejudicial to the public health. The Medical Officer of Health may, on like grounds, revoke or suspend for such period as he deems necessary any certificate of registration granted by him in terms of these Bylaws. (P.N. 734/75) (b) Whenever the Medical Officer of Health refuses to issue or revokes or suspends a certificate pursuant to subsection (a) he shall forthwith advise the applicant in writing of his decision and the reasons therefor. (P.N. 734/75) (c) Any applicant who is aggrieved at the refusal of the Medical Officer of Health to issue a certificate to him or any person whose certificate has been revoked or suspended by the Medical Officer of Health may appeal against the Medical Officer of Health's decision by delivering to the Town Clerk, within fourteen (14) days after he has been notified of the Medical Officer of Health's decision, a notice of appeal, in duplicate, setting forth the grounds of the appeal. (P.N. 734/75). (d) All such appeals shall be decided by the Public Health Committee, to whom the City Council hereby delegates such authority, and resolves, in terms of Section 8 of Ordinance No. 11 of 1934, that the decisions of the committee thereon shall be binding upon the City Council. The Public Health Committee may, but shall not be obliged to, hear the appellant in support of his appeal, and may invite and consider a report from the Chief Health Officer of the Union Government or any officer nominated by him for the purpose upon the issues raised by the appeal. (e) The Public Health Committee, in any case of appeal as above provided, may dismiss the appeal or refer the matter back to the Medical Officer of Health for further consideration or order the Medical Officer of Health to issue the certificate applied for, or to re-issue any certificate revoked, subject to such conditions as it may lay down. (P.N. 167/1955) Sale of Milk from Milk Shop by Dairyman and Milk Dealer. 15. Deleted by P.N. 400/60. Furnishing of Documents on Demand. 16. (a) Every dairyman, milk dealer, purveyor of milk and every person engaged in the manufacture and/or distribution of milk products shall, on demand by a duly authorised officer, exhibit for inspection all invoices, accounts, books, records and other documents relating to the production, manufacture, preparation or supply of milk or milk products by him and shall furnish to such duly authorised officer a list of names and addresses of - (i) the customers or persons to whom he supplied milk or milk products; and (ii) the persons from whom be obtained milk or milk products; during such period as such duly authorised officer may specify, together with such invoices, accounts, books, records and other documents as are necessary to substantiate such lists. (b) No authorised officer or municipal employee who, during the course of his duties under these By-laws, acquires any information in relation to the financial affairs, trade records or business administration of any person or firm with whom these By-laws are concerned shall disclose such information otherwise than as required by his normal course of duty. (c) Any such authorised officer or employee who discloses any such information as aforesaid otherwise than as required by his normal course of duty shall be guilty of misconduct and liable to dismissal, but, notwithstanding the provisions of Section 3 above, such authorised officer or employee shall not be guilty of any offence under these By-laws. Introduction of Milk and Milk Products Into the City. 17. No person other than a registered milk dealer or registered dairyman shall introduce any milk or milk products into the City for sale or distribution for human consumption or for pasteurisation. (P.N. 734/75) All milk and milk products introduced into the City shall, until the contrary is proved, be deemed to have been introduced for one or other of the purposes aforesaid. (P.N. 400/60) List of Suppliers to be Kept. 18. Every dairyman, milk dealer or purveyor and every person engaged in the manufacture and/or distribution of milk products shall keep a list of the names and addresses of customers or other persons to whom milk or milk products are sent or from whom milk or milk products are received from time to time. Compulsory Sale of Milk or Milk Products Samples. 19. Any duly authorised officer may require any person to sell to him any sample of milk or milk product required by such officer for any purpose authorised by these By-laws and any person who shall refuse or without lawful reason fail to sell any such sample to such officer at a reasonable price shall be guilty of an offence. Inspecting and Examining Depots. 20. The Medical Officer of Health may require, by notice under his hand, any person to bring or deliver any specified article, container or package of milk or milk product, for inspection or examination to a depot established for the purpose and any authorised officer shall have the power to cut into or open any article, container or package of milk or milk product into connection with such inspection or examination. Detention, Seizing and Destruction of Milk or Milk Products. 21. Any authorised officer may restrict or prohibit the sale of and may detain or seize any milk or milk product which, in his opinion, is diseased, unsound, unwholesome or otherwise unfit for human consumption and authorise its destruction upon the certificate of the Medical Officer of Health. Owner's Risk. 22. The Medical Officer of Health may, at the owner's risk, permit such treatment as may render the milk or milk product referred to in Section 21 above fit for human consumption. Prohibiting Sale or Supply of Milk or Milk Products. 23. The Medical Officer of Health shall have power to prohibit, for such period or periods as he may think necessary, the sale or supply of any milk or milk products - (a) from any premises whereon a case of communicable disease has occurred; (b) from any source where from milk or milk products previously supplied is suspected to have been the cause of any case or cases of communicable disease; (c) wherein the presence of tubercle bacilli has been detected by a veterinary officer or a competent bacteriologist; (d) if he is of the opinion that consumption thereof is likely to cause sickness or disease; (P.N. 167/1955) (e) if it does not meet with the standards of these Bylaws; (f) at or from any premises where the requirements of these Bylaws are not met. (P.N. 734/75) Offences and penalties. 24. (1) Any person who - (a) contravenes any provision of these bylaws; or (b) contravenes any conditions imposed upon the granting of any application, consent, approval, concession, relaxation, permit or authority in terms of these bylaws; or (c) fails to comply with the terms of any notice served upon him in terms of these bylaws, shall be guilty of an offence and liable, upon conviction, to the maximum penalty prescribed for the offence by section 266(7)(a) of the Local Authorities Ordinance, No. 25 of 1974. (2) Failure to comply with the terms of any condition or notice referred to in subsection (1)(b) or (c) above shall constitute a continuing offence and a person failing to comply with the terms of such condition or notice shall be guilty of a separate offence for each day during which he fails to comply with such terms. (P.N. 339/66; 366/83) Repeal of By-laws. 25. (a) These Bylaws shall come into force upon the expiration of thirty days after the date of their promulgation. (b) The following Bylaws are repealed, with effect as from the date upon which these Bylaws shall come into force, namely: - Public Health Bylaws dealing with the Registration, Licensing and Inspection of Dairies and Milk Depots, promulgated on 8th July, 1931 (Provincial Notice No. 229 of 1931, as amended by Provincial Notice No. 251 of 1931, Provincial Notice No. 300 of 1939 and Provincial Notice No. 120 of 1943). (c) Anything to the contrary in this Bylaw or in these Bylaws contained or implied notwithstanding, it shall not be necessary for any dairyman, milk dealer or purveyor or any person engaged in the production and/or distribution of milk products to obtain any certificate or registration under these Bylaws in respect of the period from the date of coming into force of these Bylaws up to and including 31st December, 1950. Structure of Premises. 26. No person shall carry on any business which involves the manufacture, production, preparation, storing, handling, sale or distribution of milk or milk products in or upon any premises which do not comply with the following provisions, namely: - Walls: Materials. (a) Walls shall be constructed of brick, concrete, or other approved solid material and the internal surface of such walls shall be well and smoothly rendered; provided that in respect of any portion or portions of the premises used for the manufacture or preparation, storage, handling, sale or distribution of milk or milk products, internal walls shall in addition be suitably covered with tiles or other approved impervious material. (P.N. 705/70; 734/75) Floors. (b) The floors of all portions of the premises shall be constructed of concrete or other similar solid and impervious rat-proof material and shall be adequately drained. (P.N. 734/75) Ceilings. (c) All ceilings shall be of approved solid material covered with lime or cement plaster or other suitable impervious material finished to a smooth surface and rendered dust-proof. Lighting and Ventilation. (d) There shall be provided adequate natural or article means of lighting and ventilation in conformity with the standards laid down in the City Building Bylaws and the Factories, Machinery and Building Work Act, 1941. Vermin Proofing. (e) The buildings shall be so constructed as to obviate, as far as practicable, any harbourage for rats or other vermin and the milk room, wash room, feed stores and structures used in connection with the manufacture, preparation, storage, handling, sale or distribution of any milk products shall be rendered fully rodent-proof and, in all respects, in conformity with the standards prescribed in the Regulations regarding the Prevention of Rodent Infestation of Buildings and Premises in Urban Areas, promulgated under Government Notice No. 1380 of 1930, or any amendment thereof. Water Supply. (f) (i) A pure, ample and convenient water supply shall be laid on to all points requisite for the proper functioning of hygiene and sanitary amenities. (ii) Where the water supply is not obtained from the Council's watermains the purity standard shall be the absence of B.Coli in 100 c.c. sample of the water and, when so required by the Medical Officer of Health approved provision for the chlorination of the water supply shall be made. Drain Disconnection. (g) There shall be no opening or inlet into any drain from any portion of the premises used for the production, manufacture, preparation, storage, handling, sale or distribution of milk or milk products and no water closet, privy, urinal or stable shall directly communicate with such portions of the premises. Soil and Wastepipes. (h) No soil or wastepipe shall be conducted through any portion of a building used for the production, preparation, storage, handling, sale or distribution of milk or milk products. Yard Space. (i) (i) There shall be provided an adequate yard space of which the surface shall be properly hardened and drained and such yard shall be kept free from lumber or litter capable of breeding mosquitoes or attracting vermin. (ii) No person shall erect, alter, adapt or convert any building to be used for the production, manufacture, preparation, storage, handling, sale or distribution of milk or milk products, after the promulgation of these By-laws, unless adequate yard space for the storage of refuse receptacles, together with access thereto other than through the shop or manufactory, is provided. Waste and Stormwater Disposal. (j) Effective means of draining and disposal of waste liquids and stormwater shall be provided. (k) The roof shall be constructed of iron, asbestos, slate, tiles or other approved impervious material. (P.N. 734/75) Repair and Maintenance of Buildings, Drains, etc. 27. The owner shall maintain all buildings, hardened areas, drains, drainage connections and other appurtenances in good repair and condition. Painting, etc., of Premises. 28. (a) The owner shall paint with a light-coloured washable paint or otherwise suitably renovate any exterior part of the premises owned by him when so required by the Medical Officer of Health. (b) The occupier shall paint with a light-coloured washable paint or otherwise suitably renovate any internal part of the premises occupied by him, when so required by the Medical Officer of Health. (P.N. 734/75) Premises of Dairymen. 29. Every dairyman shall in or upon the premises used by him for the purpose of his business, provide - Milking Shed: (a) a milking shed or sheds which shall have - (i) walls of a height measured internally not less than 2,75m from the floor to the underside of the wall plate, which walls shall have a smooth and impervious finish of light-coloured material or paint; (ii) a milking passage not less than 1,5m in width, provided that in the case of a double-byre shed a central passage shall be provided with a minimum width of 2,75m; (iii) a solid and impervious floor, adequately drained to an outside gulley which shall be connected to an approved drainage system effective for the disposal of waste or soil water; (iv) stanchions and other fittings suitably constructed of metal or other impervious material; (v) a manure disposal system such that the immediate vicinity and the dairy premises as far as practicable shall be free of flies; (vi) an area paved with concrete or other approved solid material at the entrance to, and exist from, the shed extending for a minimum distance of 10m from the entrance and 5m from the exist and of a width of not less than either that of the shed or a cattle race if provided; Milk Room: (b) a milk room which shall - (i) be dust and fly-proof; (ii) be provided with a ceiling which shall be painted with a light-coloured washable paint; (iii) have walls at least 2,75m in height, measured from the floor to the ceiling and the inside wall surfaces shall have a smooth and impervious finish of light-coloured material or paint; (iv) be equipped with doors which shall be capable of being locked; (v) have a solid and impervious floor adequately drained to an outside gulley which shall be connected to an approved drainage system effective for the disposal of waste or soil water; (vi) be of a minimum floor area of 13,5mï ¿ ½ exclusive of a cold room or immersion tank; (vii) be adjacent to the milking shed and may communicate directly therewith provided the interleading opening is fly-screened with a self-closing door; (viii) not communicate directly with any dwelling or feed store; (ix) be used solely for the purposes specified in the definition of the term "Milk Room" in section 1 or for the storing of clean vessels and utensils used for such purposes. No motor, engine or boiler, other than a unit with a built-in electric motor, shall be installed or used in a milk room. Wash Room: (c) a wash room which shall - (i) comply mutatis mutandis with the provisions of section (b); (ii) be of a minimum floor area of 11mï ¿ ½ ; and (iii) communicate directly with the milk room; provided that where one or more bulk milk tanks are installed the minimum area to be provided for the washing of utensils shall be 9mï ¿ ½ . Feed Store: (d) a feed store which shall be so constructed and maintained as to exclude rodents and which shall have no direct opening to the milk room or wash room. No feed shall be milled in a feed store unless such store is completely disconnected from the milk shed, milk room or wash-room. Paddocks: (e) fended paddocks for the exercising of bovine animals, such paddocks not to be situate within 15m of the milk shed, milk room or wash room. (P.N. 400/60; 705/70; 734/75) Milking Parlour. 29A. No dairyman shall use a milking parlour which does not comply with the following requirements - (a) the height measured from floor to ceiling or the underside of the wall plate above a standing platform provided for the milking of cows shall not be less than 2,3m and if the platform exceeds 300mm in height it shall be provided with a curb of a minimum height of 50mm to prevent the escape of liquids into the pit or that part of the floor on which the milker stands; (b) the divisions between stalls shall comprise metal stanchions of a minimum diameter of 40mm; (c) an area of clear floor space shall be provided for milkers along the full length of a stall, with a minimum width of 1,5m; (d) internal walls shall be painted with a light-coloured washable paint; (e) there shall be provided, in the ratio of one to every two cows, a water tap with an adequate and wholesome supply of water connected thereto. (P.N. 734/75) Premises of Milk Dealer. 30. The provisions of paragraphs (b), (c) and (f) of Bylaw 29 shall apply, mutatis mutandis, to every milk dealer. Premises of "B" Class Dairyman. 31. Deleted by P.N. 400/60. Milk Apparatus. 32. Every dairyman, milk dealer, purveyor or other such person shall for the purpose of his business provide approved apparatus for the handling, straining, mixing, preparing, cooling, storing and conveying of milk or milk products and for the cleansing of sanitising of plant, equipment and utensils. (P.N. 734/75) Drying Room: Ice Cream Containers. 32. A room to be known as the "drying room" shall be provided for the keeping of all metal containers after sterilisation, used in connection with the manufacture or preparation of ice cream. Powers of the Medical Officer of Health to Relax Requirements. 32A. The Medical Officer of Health may in his sole discretion permit any person to carry on business as a dairyman or milk dealer, for such period or periods as he may deem necessary, in or upon premises which do not comply in whole or in part with the requirements of sections 26, 29, 29A, 30 or 32 of these Bylaws. (P.N. 734/75) EQUIPMENT, FURNITURE, FITTINGS AND FIXTURES. Equipment, Furniture and Fittings. 33. No person shall carry on any business which involves the production, manufacture, preparation, storing, handling, sale or distribution of milk or milk products in or upon any premises which do not comply with the following provisions, namely: - Utensil Sanitation. (a) Sufficient wash-up sinks or troughs, of approved design, materials and construction in the wash room and at such other places as may be prescribed by the Medical Officer of Health. Hot Water. (b) A constant and adequate supply of steam and hot water laid on to all sink installations, troughs and such other points as the Medical Officer of Health may prescribe. Furnishings, Fittings and Fixtures. (c) Furnishing, fixtures and fittings of good sound materials and construction, without crevices or interspaces likely to collect dust or dirt or to favour harbourage or development of rodents, cockroaches or other vermin. Refrigeration. (d) Refrigerating facilities such that milk or milk products can be kept at a temperature of 7o Celsius or less at all times. (P.N. 705/70) Ice Cream Equipment, etc., to be Approved. 34. Every person who carries on any business involving the production, manufacture, preparation, storage, handling, sale or distribution of milk or milk products shall maintain all equipment, plant, machinery, furniture, fittings and fixtures used in connection with such business in good order and condition. PROTECTION, STORAGE AND DISTRIBUTION OF MILK AND MILK PRODUCTS. Protection, Storage and Distribution. 35. Every person who carries on any business involving the production, manufacture, preparation, storage, handling, sale or distribution of milk or milk products shall ensure that in connection with such business: - Maintenance of Cleanliness. (a) The premises used for the purposes of such business including the furnishing, fittings and fixtures, the yard area and outbuildings shall at all times be maintained thoroughly clean and tidy and, as far as practicable, free from rodents, cockroaches and other vermin. Cleaning and Sterilisation of Utensils and Apparatus. (b) No vessel, utensil or apparatus used in connection with the business is worn out, rusted or in such condition that it cannot be rendered clean and sterile. (c) All milk vessels, utensils and apparatus are kept in good repair, are thoroughly cleansed and thereafter sanitised after each occasion of use and are stored or kept thereafter in such a manner as to remain clean. For the purposes of these Bylaws sanitised shall mean that when any 100cmï ¿ ½ of any surface which comes into contact with milk or milk products is tested, the result shall be as follows: (i) Escherichia coli type I organisms shall be absent; and (ii) the standard Agar Plate count shall not exceed 1 500. (P.N. 734/75) Hanging of Wearing Apparel. (d) No article of wearing apparel shall be hung or kept inside any portion of the premises used for the production, manufacture, preparation, storage, handling, sale or distribution of milk or milk products. Protection against Cockroaches, Dirt, etc. (e) Proper and sufficient facilities for the keeping or containing of milk or milk products stored or exposed for sale such that the milk or milk products are thereby (i) rendered inaccessible to cockroaches and rodents; and (ii) protected from dust and flies. Unsuitable Equipment. 35. (bis) Any authorised officer may forbid the use of any vessel, utensil or apparatus used in connection with any business involving milk or milk products which, in his opinion, is unsuitable, worn out, rusted or otherwise defective, or in such condition that it cannot be rendered clean and sterile, and no person shall thereafter use such vessel, utensil or apparatus for such purpose without the written authority of the Medical Officer of Health. (P.N. 400/60) Compatible Use. 36. (a) No room for the production, manufacture, preparation, storage, handling, sale or distribution of milk or milk products shall be used or allowed to be used as a living or sleeping apartment or communicate directly or indirectly by door, passage, window or otherwise with any living room or sleeping apartment or water closet. No milk or milk products shall be manufactured, prepared, stored, handled, sold or exposed for sale in a living or sleeping apartment, sanitation annexe, stable or other premises not designed, constructed or intended for the production, manufacture, preparation, storage, or exposure of milk or milk products. (b) No room for the production, manufacture, preparation, storage, handling, sale or distribution of milk or milk products shall be used for any purpose incompatible with the business carried on in such room. (c) Articles not required in the process of production, manufacture, preparation, storage, handling, sale or distribution of milk or milk products shall not be kept in any room aforesaid. Live Birds and Animals Prohibited. 37. No milk dealer or purveyor of milk and no person who manufactures, prepares, stores, handles, sells or distributes any milk products shall keep or permit any live bird or animal in or upon the premises. Spitting and Use of Tobacco Forbidden. 38. No person shall spit in any premises used for the production, manufacture, preparation, storage, handling, sale or distribution of milk or milk products and no person shall, whilst actively engaged in the production, manufacture, preparation, storage, handling, sale or distribution of milk or milk products use tobacco in any form whatsoever. Avoidance of Contamination of Milk Handling, etc. 39. No dairyman, milk dealer or purveyor shall handle, convey, transmit, deliver, store or deposit any milk or milk products or cause or permit any milk or milk product to be handled, conveyed, transmitted, delivered, stored or deposited unless such milk or milk product is effectively protected against contamination where there is a reasonable possibility of it becoming contaminated by flies, dirt, dust or any other cause. Delivery of Milk or Milk Products. 40. No dairyman or milk dealer shall sell milk or milk products except in an approved type container properly sealed, and no milk or milk products shall be removed from such container or the seal thereof broken before delivery to the purchaser. Each container shall be so labelled or marked as to show clearly - (a) the nature of the milk or milk product contained therein; (b) in the case of milk or cream the name of the dairyman or milk dealer and the address of the premises where such product was produced, pasteurised, or otherwise processed, as the case may be, or such other means of identification as may be approved by the medical officer of health. (P.N. 400/60; 734/75; 17/77; 240/77; 361/78) Carriers, etc., Slung on Body. 41. No person shall convey milk or milk products in any form of carrier or receptacle slung round or hanging on his body, or in any manner likely to render the said milk liable to contamination. Bottles and Containers of Other Persons, etc. 42. No dairyman or milk dealer shall sell any milk or milk products in a container bearing the name of any other person. (P.N. 400/60) Storing of Milk, Clean Bottles, etc. 43. No dairyman or milk dealer shall permit any milk or milk products or any clean bottles, cans and other containers or utensils used in connection therewith to be stored or kept elsewhere than in a milk room, cold room or wash room. (P.N. 400/60) Transfer of Milk or Milk Products. 44. Except as otherwise provided in these By-laws, no dairyman, milk dealer or other person shall transfer or allow to be transferred milk or milk products from one container to another otherwise than in a milk room. (P.N. 400/60) Milk Shed, Milk Room and Wash Room Not to be Used for Other Purposes. 45. Every dairyman shall ensure that every milk shed, milk room and wash room used by him for the purposes of his business is used only for the purposes for which it is intended. Milking Procedure. 46. Every dairyman shall ensure that - (a) no milking is undertaken elsewhere than in a milking shed which complies with the provisions of these Bylaws; (b) the animals to be milked are clean; (c) the udder and teats are washed with running water before being milked, and adequate steps are taken to prevent contamination of milk by urine, faecal matter or other extraneous substance; (d) every milker washed his hands and finger nails thoroughly with an approved soap and clean water before commencing milking and immediately after every interruption thereof; (e) every person who milks by hand uses only an approved lubricant kept in a container provided with a closely-fitting lid which is replaced immediately after each occasion of use and such container is internally and externally free of any extraneous substance; (f) the foremilk from each animal at every milking is examined for evidence of mastitis by passing it into a strip cup or other approved testing appliance; (g) the first stream of milk from each teat, and foremilk showing evidence of any abnormality and the milk from any cow known or suspected to be unhealthy or diseased is discarded in such manner as to avoid contaminating any other milk; (h) all milk, immediately after milking, is passed through a clean strainer of an approved single-use type and is removed from the milking shed to the milking room; (i) milk on arrival in the milk room is immediately cooled and maintained until despatched at a temperature not exceeding 7oC; (j) milking stools and any other equipment are so constructed and of such material as to be capable of effective cleansing and be maintained clean at all times; (k) hobbles of the chain type only are used; (l) no milking pail or milk-can is used for any other purpose whatsoever. (P.N. 400/60; 734/75) Cleansing of Milk Shed. Washing of Floors. 47. (a) Every dairyman shall - (i) cause the floor of the milking shed to be thoroughly washed within one hour of the completion of each occasion of milking and as often as may be necessary; (ii) cause the ceiling, walls and ledges of every milk shed used by him to be kept free from dust, dirt or cobwebs. (P.N. 734/75) (b) No dairyman shall permit any grooming or sweeping in the milk shed while milking is in progress. No Storage of Forage, etc., in Milkshed etc. 48. No dairyman shall permit the stacking or storing of cattle feed in any milk shed, milk room or wash room. Milk Shed: Use of. 49. No dairyman shall permit the use of any milk shed for the keeping therein of animals other than bovines. Keeping of Swine and Poultry. 50. No dairyman shall keep - (a) any swine of poultry within 140m of the milk shed, milk room or wash room; provided that this shall not preclude the keeping of swine within 45m of such shed or rooms in an approved sty or sties of solid construction, with concrete floors and suitable drainage; and provided, further, that such sty or sties are maintained in a clean condition and free of any nuisance; (b) any poultry unless so kept as to prevent any access to or contamination of milk or milk utensils. (P.N. 400/60; 705/70; 734/75) Erection and Use of Dipping Tank or Spray Race. 50. (bis) No dairyman shall erect or use a dipping tank or spray race within 45m of the milk shed, milk room or wash room. (P.N. 400/60; 705/70) Milk of Animals Not to be Supplied. 51. No dairyman shall sell or supply for human consumption milk from a cow - (a) within 14 days preceding the birth of a calf or during the 6 days following such birth; or (b) that has been treated with an antibiotic drug by the intra mammary route within a period of 72 hours following such treatment. (P.N. 400/60) Controlling Milk and Milk Product Introduction and Distribution. 52. Except with the written consent of the Medical Officer of Health - (a) no dairyman shall sell any milk or milk product for human consumption unless he has obtained such milk or milk product from his own shed; (b) no dairyman shall sell any milk or milk product for human consumption to any person other than a milk dealer holding a certificate of registration under these Bylaws; (P.N. 734/75) (c) no milk dealer shall sell for human consumption any milk or milk product other than milk or milk products obtained from a dairyman or milk dealer holding a certificate of registration under these By-laws; (d) no person other than a milk dealer shall within the City, purchase or receive for human consumption any milk or milk product except from a purveyor or registered milk dealer; (P.N. 734/75) (e) no milk dealer or other person shall sell any milk or milk products for human consumption unless such milk or milk products have been pasteurised in a milk depot within the City; (P.N. 422/81) (f) no purveyor or person other than a milk dealer shall hawk milk or milk products or deliver the same otherwise than to a consumer against a specific order. (P.N. 734/75) For the purpose of these By-laws, all milk or milk products sold or supplied by a dairyman to a milk dealer, or by a dairyman or a milk dealer to another milk dealer or purveyor, or by a dairyman, a milk dealer or a purveyor to any other person, shall, unless the contrary is proved, be deemed to have been sold or supplied for human consumption. (P.N. 400/60) Ice Cream: Restrictions. 53. (a) All ice cream sold by a milk dealer shall conform to the standards prescribed by these By-laws and shall be packed in cartons or other approved containers fitted with tight-fitting covers or wrapped in clean paper or other approved material in a milk room. (b) Every milk dealer shall store all wafers and ice cream ingredients in such a manner as to preclude the contamination thereof. (c) No milk dealer shall re-freeze or cause or permit to be re-frozen or sell any ice cream which has thawed. (P.N. 400/60) Milk Tankers. 53A. No dairyman, milk dealer or other person shall, except under the authority of the written permission of the Medical Officer of Health, use any bulk tanker for the transportation of milk or milk products in terms of these Bylaws, which permission the Medical Officer of Health may grant (subject to such conditions or restrictions as he may determine) or refuse. (P.N. 734/75) Vans, etc.: Cleanliness and Good Order. 54. (a) Every person who produces, manufacturers, prepares, handles, stores, sells or distributes milk or milk products for human consumption shall ensure that every van, vehicle, carrier or thing used in connection with the conveyance of any such milk or milk products shall be kept thoroughly clean and in good order, repair and renovation and shall not be used for any purpose which may favour contamination or infection of such food. (b) The Medical Officer of Health may forbid the use of any particular vehicle or carrier which, in his opinion, is unsuitable for the conveyance and delivery of milk or milk products, and no person shall thereafter use such vehicle or carrier for such purpose without the written authority of the Medical Officer of Health. Distinctive Vans. 55. Every vehicle used by a dairyman or milk dealer for the conveyance of milk or milk products shall have the name and address of such dairyman or milk dealer conspicuously marked on the outside thereof in a position in which such name and address will not be obstructed from view. (P.N. 400/60) Delivery Vehicles. 55A. No dairyman, milk dealer, purveyor or other person shall convey or deliver or cause or permit to be conveyed or delivered milk or milk products in any vehicle which is not provided with approved means to protect such contents against a rise in temperature. (P.N. 734/75) PERSONAL HYGIENE FACILITIES AND USE THEREOF. 56. (1) Every person who carries on any business which involves the production, manufacture, preparation, storing, handling, sale or distribution of milk or milk products shall, upon the premises upon which such business is conducted, provide - Facilities for Personnel: (a) adequate seating accommodation for the use of employees, lockers suitable for the keeping of their clothes and personal effects, reasonably accessible wash-hand basins and showers connected with a constant and adequate hot and cold water supply in the proportion of at least one wash-hand basin and shower to each fifteen or part of fifteen persons of each sex and/or race employed or engaged in such business and if more than two persons of either sex or either Whites or non-Whites are employed a change room for the employees of each category to the extent of 0,06mï ¿ ½ of unobstructed floor space for each person of the category for which it is provided with a minimum of unobstructed floor area of 6,7mï ¿ ½ . The facilities required in terms of this paragraph shall be provided - (i) as an integral part of the dairy building, or situate at a distance of not more than 15m therefrom; (ii) with access only to the outside of the dairy buildings; (iii) with an outside door or an effective screen wall; and (iv) for the exclusive use of the employees; Wash-hand Basins. (b) such additional wash-hand basins as may be required by the Medical Officer of Health in positions readily accessible to personnel whilst they are actively engaged in such business; Towels, Soap and Nail Brushes, Etc.: (c) an adequate supply of clean towels, nail brushes and soap in conjunction with wash-hand basins; the use of roller towels is prohibited; (d) an adequate supply of toilet paper in conjunction with water closets or privies. Overalls and Caps: (2) Every person who carries on any business of the kind referred to in subsection (1) shall provide clean and sound overalls or uniforms and caps of light-coloured, washable material for the use of employees, and shall ensure that all employees engaged in the handling and distribution of milk and milk products wear such overalls or uniforms and caps at all times whilst so engaged, and shall maintain such overalls, uniforms and caps in a clean and sound condition. Cleanliness of Person and Wearing Apparel. 57. Every person who engages or is engaged in the handling of milk or milk products for sale shall - (a) be clean as to his person and clothing and shall wear clean overalls and a clean cap whilst so engaged and shall wash his hands with soap and shall rinse them with clean water before commencing to milk a cow or entering the milk room, manufactory or shop to handle any milk or milk utensils kept therein or before handling any milk products or utensils used in connection therewith; (b) maintain scrupulous cleanliness of hands with finger nails properly trimmed or cut short; (c) remove his overall and cap, if any, before entering any water closet or privy; and (d) thoroughly wash and scrub his hands with soap and water immediately after each occasion of visiting a toilet. Unclean or Verminous Persons. 58. If, upon examination, the Medical Officer of Health or any Health Inspector shall find the person or clothing of any person employed in connection with the manufacture, production, preparation, storage, handling, sale or distribution of milk or milk products is so unclean or verminous as to be a source of contamination of any milk or milk products with which he is working, he may order such person and his clothing to be thoroughly cleansed and disinfected and such person shall refrain from engaging in his duties prior to the completion of such cleansing and disinfection. HOUSING FACILITIES. Housing Facilities. 59. Every person who carries on any business involving the production, manufacture, preparation, storage, handling, sale or distribution of milk or milk products and who provides housing accommodation for his non-European employees on his premises shall provide in connection with such housing, accommodation facilities such that there is available: - Sleeping Accommodation. (a) a dormitory affording not less than 3,7mï ¿ ½ of floor space and 11,3m3 of air space per person, a bedstead for each person employed, capable of being readily deverminised, a solidly constructed shelf above each bedstead, such shelf being not less than 1,85m above the floor and such that a space of not less than 75mm intervenes between the shelf and the wall surface or, alternatively, such that the shelf is fixed into the wall without interspace, and a horizontal metal rail to be fixed not less than 225mm from the wall surface and not more than 1,2m above floor level; the use of bunks in tiers shall not be permitted; (P.N. 705/70) Mess Room and Kitchen. (b) where ten or more persons are employed, a mess room and kitchen, having facilities for the storage of food and food utensils and for food utensil sanitation as may be required by the Medical Officer of Health; Ablution and Change Rooms. (c) an ablution room having - (i) a constant and adequate hot and cold water supply and drainage; and (ii) suitable facilities for the laundering and storage of clothing. Vermin Control, Cleansing and Occupation. 60. Every dairyman, milk dealer or other person shall ensure that all sleeping accommodation used by his non-European employees is kept, as far as possible, free from bugs, cockroaches, rodents and other vermin, is thoroughly cleansed and limewashed at least four times in each year and at such other times as may be required by the Medical Officer of Health, and is used for the accommodation of bona fide employees only, or, where married quarters are provided, for the accommodation of the wives or husbands and children of such employees. SANITATION. Sanitation. 61. Every person who carries on any business which involves the production, manufacture, preparation, storing, handling, sale or distribution of milk or milk products shall, upon the premises upon which such business is conducted, provide - Toilet Facilities. (a) water closet accommodation for all persons employed therein, in accordance with the requirements of the Building Bylaws, or privy accommodation in accordance with the scale set out in paragraph (b) hereof. (P.N. 734/75) (b) where any employee or employees is or are housed, toilet facilities in accordance with the following scale: - Number of Employees Bathrooms or Showers Water Closets or Privies. Not exceeding 8 1 1 " 17 2 2 " 26 3 3 " 35 4 4 " 45 5 5 " 55 6 6 " 65 7 7 " 80 8 8 " 100 9 9 " 125 10 10 Exceeding 125, one bathroom or shower and one water closet or privy for each 25 employees so employed or housed in excess of 125; provided always that where employees of different races are so employed or housed, toilet facilities in accordance with the above scale shall be separately provided for each race, and where employees of different sexes are so employed or housed, toilet facilities in accordance with the above scale shall be separately provided for each sex; provided always that where any persons are employed or housed in premises having more than one floor and the Council's waterborne sewerage system is available thereto, toilet facilities shall be provided on each floor sufficient for the number of persons employed or housed thereon and in accordance with the foregoing scale; provided further that no door of any water closet or privy shall be within 3m of any door or window of any room in which milk or milk products for human consumption is manufactured, prepared, stored or handled or within 15m of any door or window of any milk room; (P.N. 705/70) Refuse Storage. (c) bins or a bin, constructed of durable non-absorbent material, designed to facilitate easy cleansing, equipped with handles and a close-fitting cover or covers and sufficient for the purpose of storing all refuse pending removal or disposal; the use of non-portable refuse receptacles shall not be permitted; (d) a concrete area of sufficient dimensions for the storage of all refuse bins and such area shall be surrounded by a kerb not more than 150mm high and be provided with a conveniently accessible water supply for cleansing purposes and efficient means for the collection and disposal of foul water. (P.N. 705/70) Removal of Manure. 62. Every dairyman shall - (a) cause the manure from every milk shed used by him to be removed at least twice in every twenty-four hours to a manure bin or platform and cause the contents of such bin or platform to be removed as often as may be necessary to avoid creating a nuisance; Liquid Manure. (b) cause liquid manure and all waste liquids or effluent to be disposed of in such a manner as will prevent nuisance arising therefrom. HEALTH OF EMPLOYEES. Health of Employees. 63. Every person who carries on any business which involves the production, manufacture, preparation, storing, handling, sale or distribution of milk or milk products shall - Labour and Health Record of Employees. (a) keep a correct and up-to-date labour and health record of each of his employees whilst in his employ which shall be in the form set out in Schedule D hereto; such record shall be produced on demand for inspection by the Medical Officer of Health or any authorised officer; Sick Employers to be Examined. (b) forthwith, on becoming aware that any of his employees has suffered from persistent headache for a period of not less than three consecutive days, cause such employee to be examined by a competent medical authority and a diagnosis of his illness, if any, to be made; no such employer shall discharge any such employee until such diagnosis has been made; Health Record to be Sent to Registration Office on Discharge. (c) upon any Native employ leaving his service, forthwith send the health record of such employee kept by him in terms of paragraph (a) hereof to the Registration Office whereat such discharge is registered; Communicable Diseases Amongst Employees. (d) on becoming aware of the occurrence of any communicable disease amongst any of the persons residing or employed at the premises used by him for his business, forthwith notify the Medical Officer of Health and shall comply with the said officer's requirements for preventing the spread of the disease. Medical Examination of Persons by Medical Officer of Health. 64. The Medical Officer of Health may examine any person resident on any premises used for or any person employed in or about the business of any dairyman, milk dealer or purveyor or for the manufacture, preparation, storage, handling, sale or distribution of milk products for the purpose of ascertaining whether such person is suffering from any communicable disease. Milk Handlers Suffering from Communicable Disease. 65. No dairyman, milk dealer or person carrying on business which involves the manufacture, preparation, storage, handling, sale or distribution of milk products shall knowingly allow any person suffering from any communicable disease to milk cows or in any way to take part in the production, manufacture, preparation, storage, handling, sale or distribution of milk or milk products. Milk Handlers' Obligation to be Tested for Disease or Infection. 66. Any person engaged in any occupation in which in the ordinary course of his duties he handles or comes into contact with milk or milk products intended for sale and/or human consumption shall, whenever called upon to do so by the Medical Officer of Health or other authorised officer, afford to such officer every facility for obtaining specimens of his blood, excreta, discharges or other materials as may be necessary for detecting the presence of communicable disease or infection by means of the following tests: - (a) The Widal and/or urine and/or stool examination test for enteric or typhoid fever. (b) The vi-agglutination test for the enteric or typhoid "carrier" state. (c) The X-ray and/or sputum examination test for tuberculosis. (d) Wasserman test for syphilis. (e) Stool examination test for dysentery. (f) Swab examination tests for diphtheria, scarlet fever and septic sore throat. Notice to Infected Persons. 67. Whenever a written notice in the form prescribed in Schedule F hereto, signed by the Medical Officer of Health, is served upon any person engaged in any occupation of the kind referred to in Section 66 hereof, notifying him that the Medical Officer of Health believes or suspects that such person is harbouring or excreting or is capable of harbouring or excreting or spreading any infection referred to in Section 66 hereof, such person shall forthwith cease to engage in any occupation of the kind referred to in Section 66 hereof, notwithstanding the terms of any contract of employment by which he may be bound, and shall not re-engage in any such occupation until the Medical Officer of Health issues to him a certificate on the form prescribed in Schedule G hereto that it no longer is believed or suspected that he is harbouring or excreting or is capable of harbouring or excreting or spreading such infection. Notice of Employers. 68. Copies of the notices and certificates referred to in Section 67 above shall be delivered to the employer of the person to whom they are addressed, and during such time as any such notice is operative such employer shall not cause or permit him to engage in any occupation of the kind referred to in Section 66 hereof. Clearance Certificate to Employee: Persons who Have Suffered from Certain Diseases. 69. No persons who has suffered from enteric or typhoid fever, diphtheria, tuberculosis, venereal disease, scarlet fever, septic sore throat or dysentery shall be employed or re-employed in any occupation involving the production, manufacture, preparation, storage, handling, sale or distribution of milk or milk products intended for sale or for human consumption, notwithstanding the terms of any contract of employment by which e may be bound, unless and until he shall have received from the Medical Officer of Health a certificate in the form prescribed in Schedule G hereto. Clearance Certificate to Employer. 70. No person shall employ or re-employ in any occupation involving the production, manufacture, preparation, storage, handling, sale or distribution of milk or milk products intended for sale or for human consumption, notwithstanding the terms of any contract of employment by which such person may be bound, any person who has suffered from any of the diseases mentioned in Section 69 above unless and until he shall have received from the Medical Officer of Health a copy of the certificate referred to in Section 69 above. Milk and Milk Products Handlers' Immunisation. 71. Every dairyman or milk dealer or other person shall, whenever called upon to do so by the Medical Officer of Health, employ or continue to employ in the production, manufacture, preparation, storage, handling, sale or distribution of milk or milk products, notwithstanding any contract of employment by which each such person may be bound, only such persons as have been immunised against enteric or typhoid fever and diphtheria and shall produce a current certificate in the form prescribed in Schedule J hereto. ANIMAL HEALTH. List of Bovines to be Kept. 72. Every dairyman shall keep a list of all bovines comprising his herd in such a manner that each animal can be properly identified, and such list shall show the dates of transfer into or out of the herd, including births, deaths, sales and purchases. Communicable Diseases Amongst Cattle. 73. Every dairyman shall, immediately on becoming aware of the occurrence of any communicable disease amongst any of his cattle, notify the Medical Officer of Health and shall comply with the said officer's requirements for preventing the spread of the disease. Sick Animals to be Excluded from Milk Shed. 74. No dairyman shall keep any sick animal in a milk shed where milk is produced for sale nor shall he knowingly permit any cow to calve in such milk shed or to be therein within six days after calving. Milk of Diseased Cow. 75. No dairyman or milk dealer shall sell or supply for human consumption the milk of any cow suffering from any of the diseases specified below, either by itself or mixed with the milk of any other cow: - Tuberculosis. Actinomycosis. Anthrax. Mastitis. Cowpox. Any septic or febrile condition. Gastro-enteritis. Mange. Contagious abortion. Foot and mouth disease. MILK AND MILK PRODUCT STANDARDS Quality of Milk and Milk Products for Processing. 76. No milk dealer shall pasteurise, or otherwise process any milk or milk products unless such milk or milk products, upon arrival at the premises of such milk dealer, are in conformity with the standards prescribed by these Bylaws. (P.N. 400/60; 422/81) Bacterial Standards of Milk and Milk Products. 77. No dairyman or milk dealer shall sell milk or milk products unless such milk or milk products conform to the specifications prescribed in these Bylaws. (P.N. 400/60) Acidity and Temperature: Provision of Equipment. 78. (1) Every dairyman, milk dealer and purveyor shall provide and use the equipment necessary for accurately determining the temperature of all milk or milk products on the premises. (2) Every milk dealer shall provide and use the equipment and other facilities necessary for determining the acidity of milk or milk products received by him for pasteurisation or other process. (P.N. 400/60; 734/75) Extraneous Substances 79. (a) No dairyman or milk dealer or purveyor shall add any preservative, water, dried or condensed milk or any other extraneous matter to any milk sold by him or produced by him or in his premises for purposes of sale or delivery to a purchaser or consumer nor shall he reconstitute milk. (b) No dairyman or milk dealer or purveyor shall add any unclean, unwholesome or harmful substance to or adulterate any milk product sold by him or produced by him or in his premises for purposes of sale or delivery to a purchaser or consumer. Raw Milk 80. No raw milk for pasteurisation or other treatment shall on examination: - (a) give a total plate count of more than 200 000 viable bacteria per millilitre when cultured at 37o Celsius for 48 hours; (b) contain Escherichia coli type I organisms in nought comma nought one (0,01) millilitre; (c) contain more than 750 000 somatic cells per millilitre; (d) give a Lovibond disc reading of less than 4 and a half when subjected to the 10 minute resazurin test, and less than 3 and a half when subjected to the one hour test; (e) contain any substance inhibitory to bacteria growth; or (f) contain any macroscopic foreign matter. (P.N. 734/75; 501/82) Acidity and Temperature on Arrival 81. No milk shall, whilst in transit to or on arrival at, a milk depot exceed nought comma one eight (0,18) per cent acidity or a temperature of 100 Celsius. (P.N. 734/75) Pasteurised Milk 82. For the purpose of pasteurising milk, the milk to be pasteurised shall be retained at a temperature of (i) not less than 630 Celsius and not more than 660 Celsius for a period of not less than 30 minutes or (ii) not less than 720 Celsius for a period of not less than 15 seconds in an approved pasteurising plant, and thereafter immediately cooled to a temperature of not more than 70 Celsius. (P.N. 705/70; 734/75; 422/81) Pasteurised Milk and Cream 83. No milk, separated milk or cream which has been pasteurised shall on examination - (a) contain more than 10 coliform organisms per millilitre or, in the semi-solid state, per one comma nought (1,0) gram; (b) contain Escherichia coli type I organisms in one comma nought (1,0) millilitre or, in the semi-solid state, one comma nought (1,0) gram; (P.N. 27/86) (c) contain any viable pathogenic organisms; (d) de-colourise Methylene Blue in less than three hours at a temperature of 370 Celsius after pr-incubation at a temperature of 180 Celsius for 18 hours; or (e) contain any substance inhibitory to bacteria growth. (P.N. 734/75; 254/80) Pasteurising Processes: Cream 84. For the purpose of pasteurising cream the cream to be pasteurised shall be retained at a temperature of (i) not less than 660 Celsius for a period of not less than 30 minutes or (ii) not less than 740 Celsius for a period of not less than 15 seconds in an approved pasteurising plant, and thereafter immediately cooled to a temperature of not more than 70 Celsius. (P.N. 705/70) Pasteurised Sour Cream and Cultured Milk. 85. No sour cream, cultured or similarly prepared milk which has been pasteurised shall on examination contain - (a) more than 50 coliform organisms per millilitre or, in the semi-solid state, per one comma nought (1,0) gram; (b) Escherichia coli type I organisms in one comma nought (1,0) millilitre or, in the semi-solid state, one comma nought gram; (c) any viable pathogenic organisms; or (d) any substance inhibitory to bacteria growth. (P.N. 734/75; 254/80) Pasteurising Process: Ice Cream. 86. Milk, milk products or other ingredients used in the manufacture of ice cream shall be heat-treated by being retained at a temperature of not less than 690 Celsius for a period of not less than 30 minutes in an approved pasteurising plant, and thereafter immediately cooled to a temperature of not more than 70 Celsius. (P.N. 705/70) Pasteurised Ice Cream 87. Ice Cream shall not contain - (a) more than 10 coliform organisms per millilitre or, in the semi-solid state, per one comma nought (1,0) gram; (b) Escherichia coli type I organisms in one comma nought (1,0) millilitre or, in the semi-solid state, one comma nought gram; (c) any viable pathogenic organisms; or (d) any substance inhibitory to bacteria growth. (P.N. 734/75; 254/80) Phosphatase Test. 88. Pasteurised milk and milk products, when tested by the phosphatase test, shall give a negative result. (P.N. 734/75) Milk Sampling Procedure. 89. Samples of milk taken under these bylaws shall be taken with sterilised equipment and transferred to sterilised sample containers, taking precautions to prevent the contamination of the sample. The sample container shall be stoppered and within 5 minutes of the sample being taken the sample container shall be surrounded by crushed ice or other suitable refrigerant capable of reducing the temperature of the sample to and maintaining the sample at a temperature not exceeding 70 Celsius nor less than 00 Celsius. (P.N. 734/75) 90. (P.N. 400/60; 705/70; Deleted by P.N. 734/75). SCHEDULE A.1 (Deleted by P.N. 67/1963) SCHEDULE A.2 CITY OF DURBAN Application No. (For Office use only). To City Medical Officer of Health, P O Box 2443. Durban APPLICATION FOR CERTIFICATE OF REGISTRATION OF BUILDINGS/PLANT. I/We (Block Letters.)the holder(s) of Certificate No. authorising me/us to carry on the business of at hereby apply, in conformity with the Milk and Milk Products By-laws of the City of Durban, for a certificate of registration authorising me/us to use in connection with the said business the following Buildings/Plant, namely: - Buildings Plant Signature of Applicant(s) Postal Address Date VALID FOR CURRENT YEAR. VALID FOR CURRENT YEAR. SCHEDULE B.1. CITY OF DURBAN No. New/Renewal. To: CERTIFICATE OF REGISTRATION In terms of the Milk (and Milk Products) By-laws for the City of Durban, the abovementioned person(s) is/are hereby authorised to carry on the occupation of Dairyman/Milk Dealer for the period to 31st December, 19 , subject to the following: - Premises Milk/Milk Products authorised to be dealt in Type of container authorised to be used Conditions and restrictions City Medical Officer of Health (Date.) SCHEDULE B.2. CITY OF DURBAN No. CERTIFICATE OF REGISTRATION.BUILDINGS/PLANT. In terms of Section 8 of the Milk and Milk Products By-laws of the City of Durban is/are hereby authorised to use in connection with the business as carried on by him/her/them under Certificate of Registration No. dated the following Buildings/Plant, namely: - Buildings Plant Date of Issue City Medical Officer of Health SCHEDULE C. Deleted by P.N. 400/60. SCHEDULE D CITY OF DURBAN MILK (AND MILK PRODUCTS) BYLAWS HEALTH RECORD Name Service No. Employer Section Employed as Sex Mass Race Age Discharged Engaged Compulsory Examinations
Sick Leave Records
In Service Medical Treatment and Injured on Duty
Remarks (P.N. 254/80) SCHEDULE E. CITY OF DURBAN MILK AND MILK PRODUCTS BY-LAWS LIST OF COMMUNICABLE DISEASES Enteric Fever Paratyphoid A Paratyphoid B Dysentery Enteritis Diphtheria Scarlet Fever Septic Sore Throat Venereal Disease Undulant Fever Boils SCHEDULE F. No. CITY OF DURBANCONTROL OF MILK AND MILK PRODUCTS HANDLERS. RESTRICTION OF EMPLOYMENT To. You are hereby notified, in terms of Section No. 67 of the Milk and Milk Products By-laws of the City of Durban, that I believe or suspect you to be harbouring or excreting or capable of harbouring or excreting or spreading the infection of I therefore hereby require you forthwith, notwithstanding the terms of any contract of employment by which you may be bound, to cease engaging in any occupation in the ordinary course of which you will handle or come into contact with Milk and Milk Products intended for sale and/or for human consumption until such time as you have received from me a clearance certificate in the prescribed form. Date City Medical Officer of Health. No. SCHEDULE G. CITY OF DURBAN CONTROL OF MILK AND MILK PRODUCTS HANDLERS REMOVAL OF RESTRICTION OF EMPLOYMENT. To. You are hereby notified that you are now no longer believed or suspected to be harbouring or excreting or to be capable of harbouring or excreting or spreading the infection of You are therefore entitled to engage or re-engage in any occupation involving the handling or coming into contact with food. The certificate No. re Restriction of Employment, Milk and Milk Products Handlers, issued to you under date is hereby cancelled and withdrawn. Date City Medical Officer of Health SCHEDULE H. Deleted by P.N. 400/60. SCHEDULE I. Deleted by P.N. 400/60. SCHEDULE J. CITY OF DURBAN IMMUNISATION OF MILK AND MILK PRODUCTS HANDLERS This is to certify that has been immunised against Enteric or Typhoid Fever and Diphtheria. This certificate will cease to be valid on Date of Immunisation Date City Medical Officer of Health |
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