Chapter 164. To regulate the sale of milk in the District of Columbia, and for other purposes
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CHAP. 164.— An Act To regulate the sale of milk in the District of Columbia, and for other purposes.March 2, 1895. *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled*,District of Columbia.Sale of milk.Permits for dairies. That from and after the passage of this Act no person shall, within the District of Columbia, keep or maintain a dairy or dairy farm without a permit so to do from the health officer of said District; application for said permit shall be made in writing, upon a form prescribed by said health officer: *Provided*,*Provisos*.Duty of health officer.
That no applicant for said permit shall be restrained from conducting business until said application has been acted upon by the health officer of the District of Columbia or his duly appointed agent. It shall be the duty of said health officer, upon receipt of said application in due form, to make or cause to be made an examination of the premises which it is intended to use in the maintenance of said dairy or dairy farm; if after such examination said premises are found to conform to the regulations governing dairies and dairy farms within the District of Columbia, said health officer shall issue the permit hereinbefore specified, without charge: *Provided*, That said permit may be suspendedPermits revoked in case of disease. or revoked at any time, without notice, by said health officer whenever the milk supply from said dairy or dairy farm is exposed to infection by Asiatic cholera, anthrax, diphtheria, erysipelas, scarlet fever, smallpox, splenic fever, tuberculosis, typhoid fever, typhus fever or yellow fever, so as to render its distribution dangerous to public health.
Sec. 2. That no person shall bring or send into the District ofPermits to bring milk into the District. Columbia for sale any milk without a permit so to do from the health officer of said District; application for said permit shall be made in writing, upon a form prescribed by said health officer, and shall be accompanied by such detailed description of the dairy farm or dairy where said milk is produced or stored as said health officer may require, and by a sworn statement as to the physical condition of the 710 cattle supplying said milk: *Provided*, That no applicant tor said permit*Provisos*.Applications, etc. shall be restrained from conducting business until said application has been acted upon by the health officer of the District of Columbia or his duly appointed agent.
If after examination of said application said health officer is satisfied that said milk will lie brought into the District of Columbia for sale or consumption without danger to public health, lie shall issue, without charge to the applicant, a permit so to do, on condition that none but pure and unadulterated milk shall be, with knowledge of its impurity, brought into said District; that in the management of said dairy or dairy farm said applicant shall be governed by the regulations of the health office of the District of Columbia, approved by the Commissioners of the District of Columbia, issued for dairies and dairy farms in said District, when said regulations do not conflict with the law of the State in which said dairy or dairy farm is located, and that said dairy or dairy farm may be inspected at any time without notice by the health officer of the Permits revoked in case of disease.District of Columbia or bis duly appointed representative: *Provided*, That said permit may be suspended or revoked at any time without notice by said health officer whenever the milk supply from said dairy or dairy farm is exposed to infection by Asiatic cholera, anthrax, diphtheria, erysipelas, scarlet fever, smallpox, splenic lever, tuberculosis, typhoid fever, typhus fever or yellow fever, so as to render its distribution dangerous to public health.
Sec. 3. That no person suffering from, or who has knowingly, withinWorking of diseased persons on dairies forbidden. a period specified by the health officer of the District of Columbia, been exposed to diphtheria, scarlet fever, erysipelas, smallpox, anthrax, or other dangerous contagious disease, shall work or assist in or about any dairy or dairy farm; no proprietor, manager, or superintendent of any dairy or daily farm within the District of Columbia shall knowingly permit any person suffering, or exposed as aforesaid, to work or assist in or about said dairy or dairy farm.
Sec. 4. That all milk wagons shall have the name of the owner, theSigns on milk wagons. number of permit, and the location of dairy from which said wagons haul milk, painted thereon plainly and legibly. Sec. 5. That all grocers, bakers, and other persons having or Sales by grocers, etc. for sale milk shall at all times keep the name or names of the dairymen from whom the milk on sale shall have been obtained posted up in a conspicuous place wherever such milk may be sold or kept for sale.
Sec. 6. That no person shall offer or have for sale in the District of ColumbiaSale of unwholesome milk, etc., prohibited. any unwholesome, watered, or adulterated milk,, or milk known as swill milk, or milk from cows that are fed on swill, garbage, or other like substance, nor any butter or cheese made from any such milk. Sec. 7. That no person shall knowingly offer or have for sale any milkQuality of milk. containing more than eighty-eight per cent of watery fluid and less than twelve per cent of total milk solids, of which at least three per cent shall be of fat.
Sec. 8. That no person shall sell, exchange, or deliver, or have in hisSkimmed milk. custody or possession with intent to sell, exchange, or deliver, skimmed milk containing less than nine and three-tenths per cent of milk solids, inclusive of fat. Sec. 9. That no dealer in milk, and no servant or agent of such aNotice of skimmed milk. dealer, shall sell, exchange, or deliver, or have in his custody or possession with intent to sell, exchange, or deliver, milk from which the cream, or any part thereof, has been removed, unless in a conspicuous place, above the center or upon the outside, of every vessel, can, or package thereof, in which milk is sold, the words “skimmed milk” are distinctly marked in gothic letters, not less than one inch in length.
Sec. 10. That it shall not be lawful for any person or persons to sellSale of certain milk unlawful. or offer for sale, within the District of Columbia, milk taken from any cow less than fifteen days before or ten days after parturition, or from 711 any cow which is known to be suffering from tuberculosis, splenic fever, anthrax, or any general or local disease which is liable to render the milk from said cow unwholesome. Sec. 11. That it shall be the duty of the health officer of the DistrictHealth officer to make dairy regulations, etc. of Columbia, under direction of the Commissioners of said District, to make and enforce regulations to secure proper water supply, drainage, ventilation, air space, floor space, and cleaning of all dairies and dairy farms within said District; to secure the isolation of cattle suffering from any contagious disease, and to carry into effect the provisions of this Act.
Sec. 12. That the health officer of the District of Columbia, or hisInspection of dairies. duly appointed assistants, shall have the right to enter without previous notice, for the purpose of inspection, any dairy or dairy farm within said District. Sec. 13. That in all cases of sampling, in the. District of Columbia,Analyses. milk taken for analysis shall be taken, examined, and analyzed in the presence of at least two witnesses, one of whom may be the owner of the milk or his agent; and in all eases such sampling shall be made according to the Babcock method, to wit, dumping the milk from one can to another not less than twice before sampling.
Sec. 14. That prosecutions under this Act shall be in the police courtProsecutions of violations. of said District, on information signed by the attorney of the District or one of his assistants, and any person or persons violating any of the provisions of this Act shall be deemed guilty of a misdemeanor, and shall, on conviction, be punished for the first offense by a fine of notPunishment less than five dollars nor more than twenty-five dollars, to be collected as other tines and penalties, or by imprisonment in the workhouse for a period of not more than thirty days, and for the second offense and each subsequent offense, by a fine of not less than fifty dollars nor more than one hundred dollars, or by imprisonment in the workhouse for ninety days, or by both such fine and imprisonment, in the discretion of the court, and if the person so convicted of a second or subsequent offense-hold a permit under this Act, the same shall be canceled and no permit, shall be issued to said person for a period of six months: *Provided*, That any person or persons under this Act shall have the*Proviso*.Jury trials. privilege, when demanded, of a trial by jury as in other jury cases in the police court.
Sec. 15. That all laws and parts of laws inconsistent with the foregoingRepeal. be, and the same are hereby, repealed. Approved, March 2, 1895.