Legal Documents of Newport

Milk code adopted; filing. The production, transportation, processing, handling, sampling, examination, grading, labeling and sale of all milk and milk products sold for the ultimate consumption within the city or its police jurisdiction, the inspection of dairy herds, dairy farms, and milk plants, the issuing and revocation of permits to milk producers, haulers and distributors, shall be regulated in accordance with the provisions of part I of the Grade A Pasteurized Milk Ordinance-1965 Recommendations of the United States Public Health Service, which is hereby adopted by reference. Three (3) copies of which code shall be filed in the office of the recorder.

"Municipality," as used in milk code, defined. Whenever the term "municipality" is used in the milk code adopted in this division, it shall mean the City of Newport.

Amendments to milk code. The milk code adopted in this division is hereby amended in the following respects:

Section I. Definitions. The following amendments are made to this section:

Subsection A. Milk. This subsection is amended to read as follows:

A. Milk. Milk is hereby defined to be the lacteal secretion, practically free from colostrum, obtained by the complete milking of one or more healthy cows, which contains not less than eight and one-half percent (8 ½) milk solids-not-fat and not less than three and one-half percent (3 ½) milkfat. (Milkfat or butterfat is the fat of milk.)

Subsection D. Reconstituted or recombined milk and milk products. This subsection is deleted.

Subsection I. Fortified milk and milk products. This subsection is deleted.

Subsection O. Milk products. The first paragraph of this subsection is amended to read as follows:

O. Milk products. Milk products include cream, light cream, coffee cream, table cream, whipping cream, light whipping cream, heavy cream, heavy whipping cream, whipped cream, whipped light cream, whipped coffee cream, whipped table cream, sour cream, cultured sour cream, cottage cheese, creamed cottage cheese, half-and-half, sour half-and-half, cultured half-and-half, concentrated milk, concentrated milk products, skim milk, skimmed milk, lowfat milk, vitamin D milk and milk products, homogenized milk, flavored milk or milk products, buttermilk, cultured buttermilk, cultured milk, cultured whole milk buttermilk, and acidified milk and milk products.

Subsection X. Health authority. This subsection is amended to read as follows:

X. Health authority. The health authority shall mean the Director of the Cocke County Health Department or his authorized representative. The term "health authority," wherever it appears in this code, shall mean the appropriate agency having jurisdiction and control over the matters embraced within this code.

Subsection EE. Cottage cheese. This subsection is added and shall read as follows:

Cottage cheese: Cottage cheese is the soft uncured cheese obtained by adding lactic-acid producing bacteria, with or without enzymatic action, to pasteurized skim milk, pasteurized lowfat milk or pasteurized reconstituted skim milk. It shall contain not more than eighty percent (80%) moisture. Cottage cheese may be seasoned with salt.

Subsection FF. Creamed cottage cheese. This subsection is added and shall read as follows:

Creamed cottage cheese: Creamed cottage cheese is prepared by mixing cottage cheese with a pasteurized creaming mixture consisting of pasteurized cream and milk, dry milk products, concentrated skim milk, skim milk, or lowfat milk, to which salt, lactic acid, and flavor producing bacteria, rennet, lactic acid, citric acid, phosphoric acid or stabilizer may be added. The quantity of milkfat added in the creaming mixture shall be not less than four percent (4%) by weight of the finished creamed cottage cheese. Dry milk products or concentrated skim milk may be added, provided the amount of added solids does not exceed three percent (3%) of the weight of the creaming mixture. Creamed cottage cheese shall contain not more than eighty percent (80%) moisture.

Section 3. Permits. This section is amended by deleting therefrom the fourth paragraph, which commences with the words, "Upon written application . . . ." Any other references in the milk code providing for hearings before a permit may be suspended are similarly deleted.

Section 5. Inspection of dairy farms and milk plants. This section is amended by revising the last sentence of the first paragraph to read as follows:

"Any violation of the same requirement of section 7 on such reinspection shall call for a permit suspension in accordance with section 3, as amended, and/or court action."

Section 9. Milk and milk products which may be sold. This section is amended to read as follows:

"From and after February 12, 1970, only Grade A pasteurized milk and milk products shall be sold to the final consumer or to restaurants, soda fountains, grocery stores or similar establishments; however, in an emergency the sale of pasteurized milk and milk products which have not been graded, or the grade of which is unknown may be authorized by the health authority; in which case, such milk and milk products shall be labeled 'ungraded'."

Section 16. Penalty. This section shall be amended to read as follows :

"Any person who shall violate any of the provisions of this code shall be guilty of an offense and, upon conviction thereof, shall be punished as prescribed in penalty provisions of the Code of Ordinances of the City of Newport and such persons may be enjoined from continuing such violations. Each day upon which such a violation occurs shall constitute a separate violation."

Section 17. Repeal and date of effect. This section is amended to read as follows:

"All ordinances and parts of ordinances in conflict with this chapter are hereby repealed, and this chapter shall be in full force and effect; upon its adoption and publication, as provided for by law." (1973 Code, §§ 10-33--10-35)