GENERALLY

Oklahoma City Municipal Code ch. 21, art. VI, div. 1

in effect

Oklahoma City Municipal Code § 21-216 Definitions.

§ 21-216. - Definitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: (1) Adulterated or misbranded frozen desserts or mix means any frozen dessert or ice cream mix which contains any unwholesome substance, or which if defined in this article does not conform to its definition. (2) Average bacterial plate count and average direct microscopic count mean the logarithmic average. (3) Average reduction time and average cooling temperature shall be the arithmetic average of the respective results of the last four consecutive samples. (4) Coliform count shall be based upon a three out of four count where not more than one count exceeds the allowable of the last four samples taken upon separate days. (5) Director means the Director of the City-County Health Department and his authorized representative. (6) Frozen dessert means any clean frozen or partially frozen combination of two or more of the following: milk or milk products, eggs or egg products, sugar, water, fruit or fruit juices, candy, nut meats, or other harmless and wholesome food products, flavors, color, or harmless edible emulsifier and/or stabilizer. Such dessert shall be deemed to include ice cream, frozen custard, ice milk, milk sherbet ices, and other similar products. (7) Frozen desserts manufacturer means any person who manufactures, processes, or freezes any mix or frozen desserts for distribution or sale. (8) Frozen desserts plant means any place or premises where frozen desserts or mix are manufactured, processed, or frozen for distribution or sale. (9) Milk, milk products and dairy products used in mix or frozen desserts means milk, cream, frozen cream, plastic cream, fluid skim milk, sweet cream butter, sweetened and unsweetened evaporated skim milk, sweetened and unsweetened condensed milk, sweetened and unsweetened condensed skim milk, powdered whole milk, powdered skim milk, sweet cream condensed buttermilk and sweet cream powdered buttermilk, or any of those products from which lactose has been wholly or partially removed. (10) Milk products plant means any place or premises where milk or milk products are skimmed, condensed, evaporated, powdered, manufactured into butter, or otherwise processed for subsequent manufacture of mix or frozen desserts. (11) Mix means the unfrozen combination of all ingredients of a frozen dessert with or without fruits, fruit juices, candy, nut meats, flavor, or harmless color. (12) Pasteurization and similar terms mean the process of heating every particle of mix to at least 155 degrees Fahrenheit and holding at such temperature for at least 30 minutes in approved and properly operated equipment. Nothing contained in this definition shall be construed as disbarring any other process which has been demonstrated to be equally efficient and is approved by the Oklahoma State Board of Agriculture and the Director. (Code 1970, § 16-67; Code 1980, § 21-146)

Oklahoma City Municipal Code § 21-217 Compliance generally.

§ 21-217. - Compliance generally. No mix or frozen dessert shall be sold for ultimate consumption within the City unless it has been manufactured and frozen in a plant conforming with the requirements of this article. (Code 1970, § 16-84; Code 1980, § 21-147)

Oklahoma City Municipal Code § 21-218 Compliance with other standards.

§ 21-218. - Compliance with other standards. Those items not specifically defined in Section 21-216 shall comply with the standards set forth in all applicable laws. (Ord. No. 16771, § 5(16-67A), 6-29-82; Code 1980, § 21-148)

Oklahoma City Municipal Code § 21-219 Enforcement and interpretation.

§ 21-219. - Enforcement and interpretation. This article shall be enforced by the Director in accordance with the interpretations contained in the current edition of the United States Public Health Service, Frozen Desserts Code, and the Agricultural Code of the Oklahoma State Board of Agriculture pertaining to dairy products and frozen desserts. A certified copy of each shall be on file in the City Clerk's office. (Code 1970, § 16-81; Code 1980, § 21-149)

Oklahoma City Municipal Code § 21-220 Approval of plans for frozen dessert plants; compliance.

§ 21-220. - Approval of plans for frozen dessert plants; compliance. All frozen desserts plants from which mix or frozen desserts are supplied to the City, which are constructed, reconstructed, or extensively altered, shall conform in their construction to the requirements of this article. Properly prepared plans of all such frozen desserts plants shall be submitted to the Director for his written approval before work is begun. (Code 1970, § 16-77; Code 1980, § 21-150)

Oklahoma City Municipal Code § 21-221 Examination and testing.

§ 21-221. - Examination and testing. (a) At least four samples from each plant to be tested each six months. During each six-month period at least four samples of frozen desserts and pasteurized mix from each frozen dessert plant shall be tested by the Director. Samples of mix or frozen desserts may be taken by the Director at any time prior to final delivery. Samples of ingredients may be tested as often as the Director may require. (b) Samples from retail establishments to be tested as required. Samples of frozen desserts from stores, cafes, soda fountains, restaurants, and other places where frozen desserts are sold may be tested as often as the Director may require. (c) Names of plants to be furnished on request of Director. All proprietors of plants, stores, cafes, restaurants, soda fountains, and other similar places shall furnish the Director, upon his request, the names of all persons from whom their mix or frozen desserts are obtained. (d) Plate and direct microscopic count; American Public Health Association Standards used. Bacterial plate counts and direct microscopic counts shall be made in conformity with the latest edition of Standard Methods for the Examination of Dairy Products, recommended by the American Public Health Association. (e) Plate and direct microscopic count, reduction time and cooling temperature; notice; suspension of permit. Whenever the average bacterial plate count, the average reduction time, or the average cooling temperature falls beyond the prescribed limit, the Director shall send written notice thereof to the plant concerned, and shall take an additional sample, but not before the lapse of three days, for determining a new average in accordance with the provisions of this article. Violation of the requirement by the new average or by any subsequent average during the remainder of the current six months period shall call for an immediate suspension of the license, unless the last individual result is within the limit. (f) Coliform counts; notice; suspension of permit. Whenever more than one of the last four consecutive coliform counts of samples taken on separate days are beyond the limit, the Director shall send written notice thereof to the person concerned. He shall then take an additional sample, but not before the lapse of three days. An immediate suspension of the plant license and/or court action shall be instigated if the limit is violated by such additional samples, or if the limit is again violated during the remainder of the current six months period by more than one of the last four consecutive samples, unless the last individual result is within the limit. (Code 1970, § 16-74; Code 1980, § 21-151)

Oklahoma City Municipal Code § 21-222 Inspection of plants; violations.

§ 21-222. - Inspection of plants; violations. (a) Inspection once every six months. At least once during each six-month period, the Director shall inspect all frozen desserts plants within the City. (b) Two violations may result in suspension of permit. If the Director discovers the violation of any item of sanitation, he shall make a second inspection after a lapse of such time as he deems necessary for the defect to be remedied, but not before the lapse of three days. The second inspection shall be used in determining compliance with the requirements of this article. Any violation of the same item of this article on two consecutive inspections may call for immediate suspension of the license. (c) Display and filing of inspection report. One copy of the inspection report shall be delivered to the owner of the premises inspected or his agent, and shall be readily available at any time for a period of 12 months. Another copy of the inspection report shall be filed with the records of the Health Department. (Code 1970, § 16-73; Code 1980, § 21-152)

Oklahoma City Municipal Code § 21-223 Inspection fee.

§ 21-223. - Inspection fee. Persons whose premises are inspected pursuant to the provisions of this article shall pay to the City the fee established in Chapter 60, the General Schedule of Fees. (Code 1970, § 16-69; Code 1980, § 21-153)

Oklahoma City Municipal Code § 21-224 Report required from frozen desserts manufacturers.

§ 21-224. - Report required from frozen desserts manufacturers. As often as required by the Director, and at least once each year, every frozen desserts manufacturer having a license shall furnish the Director a full and complete report giving the sources of all ingredients used in the manufacture of frozen desserts and the amounts of frozen desserts manufactured. Such report shall cover the period of time designated by the Director. (Code 1970, § 16-68(d); Code 1980, § 21-154)

Oklahoma City Municipal Code § 21-225 Adulteration or misbranding.

§ 21-225. - Adulteration or misbranding. No person shall manufacture, freeze, sell, offer or expose for sale, or have in his possession with intent to sell, any mix or frozen dessert which is adulterated or misbranded. (Code 1970, § 16-71; Code 1980, § 21-155)

Oklahoma City Municipal Code § 21-226 Desserts manufactured outside City.

§ 21-226. - Desserts manufactured outside City. Mix and frozen desserts manufactured from points beyond the geographic limits of routine inspections of the City shall not be sold in the City or in its police jurisdiction unless controlled under provisions equivalent to the requirements of this article, provided, that the Director shall satisfy himself that the health officer having jurisdiction over the manufacture thereof is properly enforcing such provisions. (Code 1970, § 16-76; Code 1980, § 21-156)

Oklahoma City Municipal Code § 21-227 Labeling.

§ 21-227. - Labeling. (a) All containers to show name of contents and plant where made. All cans, packages and other containers enclosing mix or frozen desserts or their ingredients derived from milk, except those filled from labeled bulk containers in retail dispensing, shall be plainly labeled or marked in a place on the container designated by the Director with the name of the contents and the name of the plant at which the contents were placed in the container, provided that identity labeling shall be acceptable. (b) Containers may display descriptive word or phrase indicating composition. A descriptive word or phrase indicating in more detail the composition or flavoring of the mix or frozen dessert, such as strawberry, chocolate, custard, etc., may be used on the label. (c) Nonmisleading trade names permitted. The label or mark shall be in letters of a size, kind, and color approved by the Director. Trade names and trademarks may be used. The label shall contain no marks or words which are misleading. (d) Persons selling mellorine to conspicuously display sign. All persons selling, offering, or exposing mellorine for sale in other than the original container shall conspicuously display a placard stating that mellorine is sold in their establishment. All lettering on the placard shall be not less than two inches high. (Code 1970, § 16-72; Code 1980, § 21-157)

Oklahoma City Municipal Code § 21-228 Transferring and dispensing frozen desserts.

§ 21-228. - Transferring and dispensing frozen desserts. No person shall transfer frozen desserts from one container to another or package the same on the street or in any vehicle or in any place except a sanitary room under approved conditions. (Code 1970, § 16-78; Code 1980, § 21-158)

Oklahoma City Municipal Code § 21-229 Notification of disease.

§ 21-229. - Notification of disease. Notice shall be sent to the Director immediately by any frozen desserts manufacturer or distributor among whose employees any infectious, contagious, or communicable disease occurs. (Code 1970, § 16-79; Code 1980, § 21-159)

Oklahoma City Municipal Code § 21-230 Procedure when infection suspected.

§ 21-230. - Procedure when infection suspected. If he has reason to believe that the possibility of transmission of infection from any person concerned with the handling of mix, frozen desserts or their ingredients exists, the Director is authorized to require: (1) the immediate exclusion of that person from handling mix, frozen desserts, or their ingredients; (2) the immediate exclusion of the supply concerned from distribution and use; (3) adequate medical and bacteriological examination of the person, of his associates, and of his and their bodily discharges. (Code 1970, § 16-80; Code 1980, § 21-160)

Source: City of Oklahoma City, Municipal Code and City Charter (Municode Library, library.municode.com)URL: https://library.municode.com/ok/oklahoma_city/codes/code_of_ordinances?nodeId=OKMUCO2020_CH21FOBE_ARTVIFRDE_DIV1GEFetched: 10/28/2026