HomeMy WebLinkAboutORD 22 GGENTITLED AN ORDINANCE AMENDING CHATTER 20 OF THE CODE
OF ORDINANCES OF BEAUMONT, TEXAS, BY REPEALING THE
PRESENT SECTIONS 20-x1, 20-12, 20-22, 20-23, AND 20-24,
AND BY ADDING NEW SECTIONS TO BE NUMBERED 20--1, 20-1(a),
20--35, 20-36, AND 20.37; BY AMENDING SECTIONS 20-11,
20-13, 2014, 20.18, 20--21, 20-25, AND 20-32 THEREOF,
PROVIDING FOR ADOPTING THE TEXAS STATE REGULATIONS
GOVERNING MEAT AND MEAT -FOOD PRODUCTS INSPECTION; REGU-
LATING THE INSPECTION AND SAFE OF MEAT AND MEAT PRO-
DUCTS IN THE CITY OF BEAUMONT; CONTAINING DEFINITION'S;
PROVIDING FOR PERMITS; PROVIDING FOR INSPECTION; PROVID-
ING -INSPECTION FEES; PROVIDING EXCEPTIONS; PROVIDING A
SEVERABILITY CLAUSE; REPEALING ALL ORDINANCES OR PARTS
OF ORDINANCES IN CONFLICT; AND PROVIDING PENALTIES.
BE IT ORDAINED BY THE CITY OF BEAUMONT, TEXAS:
1.
That the present 'Section 20--1 of the Code of Ordinances of
Beaumont, Texas, reading:
ItSec. 20.41. Definitions"
be and the same is hereby repealed.
2.
That the Code of Ordinances of Beaumont, Texas, is hereby
amended by adding a new Section 20--1 (in lieu of the present Section
20»1, repealed herein), said Section to read as follows:
"Section 20-1.
State approved municipal meat inspection
.» adopted.
"The rules and regulations and standards for the inspec-
tion of meat, meat products, and meat. -food products pro-
mulgated by the Commissioner of Health of the State of
Texas under authority of Article 4418d, Vernon's Texas
Civil Statutes, as approved by the State Board of Health
of the State of Texas, as authorized by Article 4476°-3,
Vernon?s Texas Civil Statutes, together with all amend-
ments thereto, are hereby in all things adopted and made
a part of this chapter as if set forth in full herein,
and the provisions, definitions, standards, rules, and
regulations contained therein are made mandatory require-
ments for the inspection and labeling of meat and meat -
food products produced, sold, or offered for sale within
the limits of The City of Beaumont. Any establishment
desiring to sell or offer for sale meat, meat products
and meat -food products in The City of Beaumont containing
thereon the ?Texas State Approved Meat For Human Food?
label on such meat, meat product, and meat -food product
shall be governed by the specifications and regulations
promulgated by the Commissioner of Health, as approved
by the State Board of Health adopted herein, and all
health department of this city.tr
3.
That the Code of Ordinances of Beaumont, Texas, is hereby
amended by adding a new Section 20-1 (a), said Section to read as
follows:
ttSection 20-1 (a).
Additional definitions.
ttIn addition to the definitions which are codified in
Article 4476.-3 of Vernonts Texas Civil Statutes, as
amended, the following terms shall have the respective
meanings ascribed to them:
It(a) Wholesale distributor. Any person who sells meat
within the city .- other than as a retailer selling
to the general public in a retail store, as such
term is commonly understood.
tt(b) Sawdust. Small fragments of wood, etc."
't(c) Poultry. Any kind of domesticated bird and com-
mercially produced game bird, or part thereof,
including but not being limited to chickens,
turkeys, ducks, geese, pigeons, and guineas.
't(d) Establishment. Any slaughtering, meat canning,
meat processing, curing, smoking, salting, packing,
rendering, or other similar establishment.at which
inspection is maintained or permits are required
under the regulations of this chapter.
tt(e) Abattoir or Slaughterhouse. Any establishment
within which cattle, calves, sheep, swine, puultry,
domestic rabbits, or goats are slaughtered for
meat for human consumption.
IM
That Section 2011 of the Code of Ordinances of Beaumont,
Texas, be and the same is hereby amended to read as follows:
"Sec. 20-11. Permit required.
'tIt shall be unlawful for any person, either for himself
or for his agent or employee of another, to sell, or offer
or expose for sale, or deliver for sale, use, or consump-
tion, or have in his possession for sale or delivery with-
in the city any meat or meat --food product, as a wholesale
distributor as herein defined, without a wholesalerts per-
mit issued by the city health department. Every wholesale
distributor as herein defined,desiring to engage in the
business in the city, shall make application for permit to
the health department, which permit shall be issued by the city
health officer on an annual basis, being renewable on each
succeeding 1st day of January. Each original application
or such annual renewal thereof shall be accompanied by a
payment to the city of a permit fee of $$0.00 per year.'t
-2-
That the present Section 20•-12 of the Code of Ordinances of
Beaumont, Texas, reading:
ttSec . 20-12. Feelt,
be and the same is hereby repealed.
21
That Section 20.13 of the Code of Ordinances of Beaumont,
Texas, be and the same is hereby amended to read as follows:
"Sec. 20-13. ,abattoir permit, fee.
"No person shall operate any abattoir or slaughterhouse
within the corporate limits of the city unless such
person has been issued an abattoir permit by the health
officer of the city, which permit must be renewed annually
on each succeeding lst day of January. Persons desiring
to operate abattoirs shall have their permits issued by
the health department of the city and thereafter shall
obtain annual renewals on each succeeding lst day of Janu-
ary. An abattoir permit shall entitle the holder, in
addition to the slaughtering of animals and poultry, to
perform operations authorized under a wholesalerts,processorts
or coldstorage permit without thei-necessity of obtaining
such permit or paying the fees therefor. The original
application for an abattoir permit and each renewal there-
of shall be accompanied by the payment to the city of a
permit fee of $25.00 per year, in addition to hourly fees
as hereinafter set out.4t
7•
That Section.20-14 of the Code of Ordinances of Beaumont,
Texas, be and the same is hereby amended to read as follows:
ttSec. 20.14. Meat processing permits, fees.
"All persons manufacturing or processing any meat pro-
ducts or meat -.food products for sale or consumption in
the city, who do not engage in an exclusive retail busi-
ness, and which persons do no slaughtering, but process
meat and manufacture meat products or meat -food products,
and whose plants are inspected under the supervision of
the health officer of the city shall be granted a permit.
The plants shall be inspected as frequently as the health
officer shall deem necessary by inspectors of the city,
and shall pay the following inspection permit fee:
'?Plants processing meat and meat products and manufactur-
ing meat products or meat -food products located within
the city limits of the city, $120.00 per year.
ItThe term ?processing? (?processor?) as defined herein
shall have the meaning of its customary trade usage and
shall include the following:
"Any meat vendor that processes, fabricates, or manafuc"/
tures any comminuted meat product on a wholesale basis
for resale.in any fashion.
ttAny retail meat vendor who supplies any meat product
to resale channels in excess of ten (10%)
-3-
month by said retail meat vendor.
ItA,ny meat locker establishment which prepares
meat in any fashion for home locker usage.'x
That Section 2018 of the Code of Ordinances of Beaumont,
Texas, be and the same is hereby, amended to read as follows:
"See. 2018. Inspection required.
"(a) It shall be unlawful for any person -to have,
keep, sell, or expose for sale, or to have in his
possession with intent to sell for human food, any
meat, meat product, or meat -food product, derived in
whole or in part from the meat of any cattle, calf,
sheep, swine, poultry, or goat, unless such cattle,
calf, sheep, swine, poultry, or goat shall have been
slaughtered and inspected under the provisions of this
chapter, under the supervision of the United States
Department of Agriculture, and in accordance with. the
regulations of such department, under the supervision
of the Texas State Department of Health and in accord-
ance with the regulations of such department, or under
the supervision and in accordance with the regulations
of a Texas State --approved municipality whose meat
inspection standards and construction standards are
equivalent to that maintained by this city and recog-
nized by the city health officer of this city.
't(b) It shall be unlawful for any person to ship,
send, bring, or cause to be brought into the city, or
expose and offer for sale, or sell, or otherwise dis-
pose of, or have in his possession for the purpose of
sale for human consumption within the city limits any
meat of any cattle, calf, sheep, swine, poultry or
goat which does not have on each primal part of it the
meat inspection brand or other mark of identification
of the health department of the city, the United States
Department of Agriculture, the Texas State Department
of Health, or a Texas State --approved municipality
whose meat inspection standards and construction stand-
ards are equivalent to that maintained by this city
and recognized by the city health officer of this city.'t
M
That Section 20.21 of the Code of Ordinances of Beaumont,
Texas, be and the same is hereby amended to read as follows:
ttSec. 2021.
Establishment subject to inspection :...
products encompassed.
"It shall be unlawful for any person to have, keep,
sell, or expose for sale, or to have in his posses-
sion with intent to sell for human food, any meat,
meat product, or meat --food product derived in whole
or in part from the meat of any cattle, calf, sheep,
swine, poultry, or goat, which meat,, meat product, or
meat --food product has been wholly or in part canned,
A
cured, smoked, salted, packed, rendered, or otherwise
prepared or stored for transportation or sale, unless
there shall be attached to or placed on the immediate
container of said meat,. meat product or meat -food pro-
duct a tag, label or stamp bearing mark of the inspec-
tion or other mark indicating the passage and inspection
by the Department of Public Health of this city, the
United States Department of Agriculture, the Texas
State Department of Health, or a Texas state -approved
municipality.tt
10.
That the present Sections 20-22, 20-23, and 20.24 of the
Code of Ordinances of Beaumont, Texas, reading:
ttSec . 20-22.
Plants in jurisdiction where inspection
not approvedtt;
ttSec. 20-23. Timestt;
ttSec. 20•-24. Official numberstt;
shall each be and the same.is hereby repealed.
ESM
That Section 20-25 of the Code of Ordinances of Beaumont,
Texas, be and the same is hereby amended to read as follows:
ttSec . 20-25.
Fees - amounts.
ttAll persons operating slaughterhouses or carrying on
a meat -slaughtering, packing or processing business
and holding an abattoir permit shall be inspected under
the supervision of the city health officer of the city
by a meat inspector or inspectors of the city, and
shall pay to the city an inspection fee of $3.50 per hour
for each inspector, or for any fraction of an hour thereof,
for the inspection of all animals and poultry. The fees
herein provided for shall be paid to the city on a monthly
basis and the city health officer is authorized to pre-
scribe the necessary forms or reports for the determination
of the amount of fees due hereunder: The certificate of
the city health officer as to the amount of money owing
by any permit holder for inspection fees shall be con-
clusive and binding unless controverted by clear and
convincing evidence to the contrary. All inspection fees
accruing for any calendar month shall be payable to the
city not later than the 15th day of the month following,
and if the sum of money due for such calendar month, as
evidenced by the certificate of the city health officer,
has not been paid to the city at the end of said 15th
day, the city health officer shall suspend the abattoir
permit of the person failing to make such payment, and
the permit shall continue suspended until payment is' made.
Regular inspections will be made during regular city
working hours. In the event an abattoir permit holder
requires an inspection at times other than regular city
work days, the health department may furnish an inspector
-5-
emergency exists. Request for special inspection
must be made by 4:00 otclock p.m. of the previous work
day. An inspection fee of $5.25 per hour for each
inspector required for the special inspection, as well
as an inspection on legal holidays recognized by The
City of Beaumont, shall be made.tt
12.
That the present Section 20-32 of the Code of Ordinances of
Beaumont, Texas, be and the same is hereby amended to add subsec-
tions (u), (v), (w), and (x), which read as follows:
t'Sec. 20-32. Additional sanitary requirements.tt
't(u) Sawdust shall not be used on benches, floors,
tables or shelves of any meat establishment in areas
where operations such as grinding, boning, or cutting
of meat is being done.—In...other areas where sawdust
is used, said sawdust must be clean and free from
objectionable odors and must be replaced daily.
't(v) Meat transported within The City of Beaumont
shall be in closed, dust -proof transport, capable of
maintaining said meat at a temperature of 50° F. or
below, from point of loading to the point of unloading.
All transported meat must be covered or so protected
to prevent soiling. All meats, so transported, must
be properly identified as to meat source.
1t(w) Every person in a t,meat, meat product, or meat -
food product establishments whose work brings said
person in contact with the production, handling,
storage, or transportation of meat, meat products, or
meat -food products, shall hold a certificate from the
health officer of this city certifying the fact that
the person has theretofore within six (6) months filed
with the health officer of this city a certificate
signed by a legally licensed physician registered to
practice in the State of Texas that the person has
been physically examined by him and that the person
does not have a venereal disease in a communicable
stage and that such person does not have tuberculosis
of an active type which would be considered dangerous
to public health and that such person is free from
acute ex-anthemata or acute infectious or contageous
skin diseases or any other infectious or contageous
disease considered dangerous to public health by the
examining physician. Such physician's certificate
shall be accompanied by a report from a laboratory
whose proficiency in making tests required for public
health purposes shall have been proven to the satis-
faction of the health officer of this city showing
that a Wassermann test has been made within five (5)
days prior thereto and giving the results thereof.
Such physiciants certificate shall also be accompanied
by a report showing the results of an X-ray examina-
tion for tuberculosis made within the previous thirty
(30) days. The health officer of this city shall
charge a fee of seventy-five (75¢) cents for each
't(x) No person who has a discharging or infected wound,
sore, or lesion on hands, arms, or any exposed portion
of the body shall work in a meat, meat product, or
meat -food product establishment, or in any capacity
which may bring said person into contact with meat, meat
products or meat -food products.'t
13.
That the Code of Ordinances of Beaumont, Texas, is hereby
amended by adding a new Section 20-.35, said section to read as fol-
lows:
'tSec. 20-35. Penalty.
'tAny person, firm, or corporation, or any officer,
agent or employee thereof violating any of the pro-
visions of this ordinance shall be deemed guilty of
a misdemeanor, and upon conviction thereof shall be
punished by a fine not to exceed two hundred ($200.00)
dollars. Each violation of this ordinance shall
constitute a separate offense and each day of opera
tion in violation of this ordinance shall be deemed a
separate offense."
14.
That the Code of Ordinances of Beaumont, Texas, is hereby
amended by adding a new Section 20-36, said section to read as fol --
lows:
'?Sec. 20--36. Ordinances and Code repealed.
ttAll ordinances and parts of ordinances in conflict
with this ordinance are hereby expressly repealed-"
15.
That the Code of Ordinances of Beaumont,Texas, is hereby
amended by adding a new Section 20-.37, said section to read as fol-
lows:
"Sec. 2037. Severability clause.
'tIf any provision, section, subsection, sentence,
clause or phrase of this ordinance, or the applica-
tion of same to any person or set of circumstances,
is for any reason held to be unconstitutional, void,
or invalid (or for any reason held to be unenforce-
able), the validity of the remaining portions of this
ordinance or the application to other persons or sets
of circumstances shall not be affected thereby, it
being the intent of the City Council of The City of
Beaumont in adopting this ordinance that no portion
thereof or provision or regulation contained herein
-7-
1965.
shall become inoperative or fail by reason of any
unconstitutionality or invalidity of any other portion,
provision or regulation, and to this end all provis-
ions of this ordinance are declared to be severable."
PASSED by the City Council this 26th day of January, A. D.
- Mayor