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HomeMy WebLinkAboutORD 49-WAN ORDINANCE AN ORDINANCE REGULATING THE INSPECTION AND SALE OF MEAT IN THE CITY.OF BEAUMONT; CONTAINING DEFI- NITIONS; PROVIDING FOR INSPECTION; PROVIDING FOR 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; Section 1. Definitions. - 1. City Health Officer or Director of Public Health. - The head of the Department of Public Health of The City of Beaumont, or other person holding the office of City Health Officer by whatever title known. 2. Inspector. - Any Inspector of the Department of Public Health. 3. Abattoir or Slaughterhouse. - Any establishment within which cattle, sheep, swine, goats, or any such animals are slaughtered for meat for human consumption. The term shall in- clude any abattoir or slaughterhouse located outside the city limits of The City of Beaumont, the meat from which is sold within The City of Beaumont, and which is inspected by the Department of Public Health. 4. "Inspected and Passed" or "Beaumont Inspected and Passed." - That the carcasses, parts of carcasses, meat, meat products, or meat -food products so marked have been inspected and passed under this ordinance, and that at the time they were inspected, passed, and so marked, they were found to be sound, healthful, wholesome, and fit for human food. The term t'mark", "stamp" or "brand" shall mean the '?Beaumont Inspected and Passed" mark, stamp, or brand. 5. "Passed for Sterilization" or "Passed for Cooking" or "Passed after Cooking." - That the carcasses, parts of carcasses, meat, meat products, or meat -food products so marked have been inspected and passed on condition that they be rendered into lard or tallow or otherwise cooked by methods approved by the inspector. 6. "Beaumont Inspected and Condemned." - That the carcasses, parts of carcasses, meat, meat products, or meat -food products so marked are unsound, unhealthful, unwholesome, or otherwise un- fit for human food. 7. "Beaumont Retained" or "Retained." - That the article so - marked is held for further examination by an inspector to deter- mine its disposal. 8. "Beaumont Suspect" or "Suspect." - That the animal so marked is suspected of being affected with a disease or condition which may require its condemnation in whole or in part when slaughtered and is subject to further examination by an inspector to determine its disposal. 9. "Beaumont Condemned" or "Condemned." - That the animal so marked has been inspected and found to be immature or in a dying condition, or to have died otherwise than by slaughter, or to be affected with any other condition or with any disease that will require condemnation of its carcass. 10. 'Inspection Legend. - A mark, or a statement, authorized by this ordinance, on an article or on a container of an article, indicating that the article has been inspected and passed for food by an inspector. 11. Carcass. - All parts, including viscera, of a slaughtered animal that are capable of being used for human food. 12. Animal. - Cattle, sheep, swine, or goats. 13. Meat. - The edible part of the carcass of cattle, sheep, swine or goat. 14. Meat By-product. - Any edible part other than meat which has been derived from one or more cattle, sheep, swine or goats. 15. Meat Food Product. - Any article of food, or any article - 2 - intended for or capable of being used as human food which is de- rived or prepared in whole or in substantial and definite part from any portion of any cattle, sheep, swine or goats, except such articles as organo -therapeutic substances, meat juice, meat extract, and the like, which are only for medicinal purposes and are advertised only to the medical profession. 16. Meat -Food Product Establishment. - Any place or estab- lishment occupied, used, or maintained for the purpose of con- ducting, operating or engaging in the business of selling, offer- ing for sale, or having in possession with intent to sell, meat - food product where such product is intended for human food and is made or prepared for the purpose of selling; provided that graded restaurants treating meat for consumption of such restau- rants only, or graded delicatessen stores, shall not be considered meat -food product establishments under this ordinance. 17. Product. - Any part or all of meat, meat by-product, meat -food product, or derived from _cattle, sheep, swine or goats, which are capable of being used as food by man. 18. Primal Parts. - The usual sections, cuts, or parts of the dressed carcass commonly known in the trade, such as sides, quarters, shoulders, ham, backs, bellies, beef tongues, and beef livers, before they have been cut, shredded or otherwise sub- divided preliminary to use in the manufacture of meat -food products. 19. Immediate Container or True Container. - The unit, can, pot, tin, canvass, or other receptacle or covering in which any product is customarily transported from the establishment. 20. Shipping Container. or Outside Container. - The box, bag, barrel, crate, or other receptacle or covering enclosing any product packed in one or more immediate or true containers. 21. Person. - Individuals, firms, partnerships, corporations, companies, societies, and associations, and every officer, agent or employee thereof. This torm shall import either the singular or the plural, as the case may be. - 3 - 22. Establishment. - Any slaughtering, meat canning, curing, smoking, salting, packing, rendering, or other similar establish- ment or plant at which inspection is maintained under these regu- lations. 23. Wholesaler. - Any person who sells meat within The City of Beaumont other than as a retailer selling to the general pub- lic or retail store as such term is commonly understood and who does not obtain such meat by slaughter in an abattoir operated by such person; also any person processing, packaging, packing, can- ning, curing, smoking, or salting meat or meat products or meat - food products in meat -food product establishments in The City of Beaumont other than in connection with an abattoir being operated by such person holding a permit under the terms of this ordinance. The term shall mean and include any person who prepares, handles, or sells any meat, meat products, or meat -food products in The City of Beaumont for any purpose ,where such person does not oper- ate an abattoir holding a permit under the terms of this ordinance and is not engaged solely in the retail selling of meat to the general public in a retail store, as such term is commonly under- stood. Section 2. Inspection Required. - No person, firm, or corporation shall ship, send, bring or cause to be brought into The City of Beaumont or expose and offer for sale, or sell, or otherwise dispose of, or have in his possession for the purpose of sale for human consump- tion within the city limits.of Beaumont any meat of any cattle, calf, sheep, swine or goat which does not have on each primal part of it the meat inspection brand or other mark of identification of the meat inspection division of the Department of Public Health of The City of Beaumont, the meat inspection brand or mark of identification of the United States Department of Agriculture, Bureau of Animal Industry, or the meat inspection brand or mark — 4 — of identification of such muhicipality whose meat inspection standards and construction standards are equivalent to that maintained by The City of Beaumont and recognized by the City Health Officer of The Citv of Beaumont. Section 3. Meat to be Destroyed. - If any carcass of any animal hereinbe- fore named, or primal part thereof is found, offered for sale or exposed within the city limits of Beaumont which does not bear any of the meat inspection brands or marks recognized by the meat inspector of The City of Beaumont, said meat inspector shall take possession of and destroy such meat, or exclude same from the city limits of Beaumont. Section 4. Establishments to be Inspected. - Every establishment in which cattle, sheep, swine or goats are slaughtered or in which carcas- ses, parts of carcasses, meat, meat products, or meat -food products of or derived from cattle, sheep, swine or goats are wholly or in part canned, cured, smoked, salted, packed, rendered, or otherwise prepared or stored for transportation or sale, which are capable of being used for food for man, shall have inspection under this ordinance. All cattle, sheep, swine and goats, and all meat and products entering an establishment in which inspection is required by this ordinance, and all meat and meat products prepared in whole or in part therein shall be inspected, handled, prepared, and marked as required by this ordinance. Section 5. Permit Required. - It shall be unlawful for any person, either for himself or as agent or employee of another, to sell, or offer, or expose for sale, or deliver for sale, use or consumption, or have in his possession for sale or delivery within the city any meat or meat -food product unless holding a valid and unrevoker — 5 — permit from The City of Beaumont, provided, however, that such a permit shall not be required of any eating or drinking estab- lishment within the city which holds a restaurant license issued under the provisions of the ordinances of The City of Beaumont, and which procures its meat and meat -food products only from the holders of wholesaler or retailer permits, as provided by this ordinance, and provided further that the provisions of this Sec- tion shall not apply to the possession, sale or delivery of meat or meat -food products which are procured and sold or delivered either to the consumer or to a licensed eating and drinking es- tablishment in the original sealed container labeled and marked in accordance with provisions of applicable State and Federal laws. No form of packaging shall be considered an original sealed con- tainer, as the term is used in this Section, unless clearly marked or labeled as to the contents and the place where packed. Section 67. Abattoir Permits. - No person shall operate any abattoir or slaughterhouse within the corporate limits of The City of Beaumont unless such person has been issued an abattoir permit by the Health Officer of The City of Beaumont, which permit must be -re- newed annually on each succeeding first day of January. Persons operating abattoirs now in existence in The City of Beaumont, or those outside the city limits being inspected by The City of Beau- mont which now comply with the existing law may make application for permit and shall receive same upon receipt of such application by the Health Officer of The City of Beaumont. Persons desiring to begin operating new abattoirs after the effective date of this ordinance shall have their permits issued by the Health Department of The City of Beaumont and thereafter shall obtain annual renew- als, as above provided, on each succeeding first day of January. An abattoir permit shall entitle the holder, in addition to the slaughtering of animals to perform operations authorized under a wholesalers permit or cold -storage permit without the necessity of obtaining such permits or paying the fees therefor. The origi- nal application for an abattoir permit and each renewal thereof shall be accompanied by the payment to The City of ;Beaumont of a permit fee of One Hundred ($100.00) Dollars. Section 7. Inspection Fees. - All persons, firms, or corporations operating slaughterhouses or carrying on a meat slaughtering, packing, or processing business and holdinon abattoir permit shall be in- spected under the supervision of the City Health Officer of The City of Beaumont by a meat inspector of The City of Beaumont, and shall pay to The City of Beaumont an inspection fee of twenty-five (25¢) cents per head for the inspection of cattle (including calves), and a fee of fifteen (15¢) cents per head for each sheep, swine, or goat. The fees herein provided for shall be paid to The City of Beaumont on a monthly basis, and the City Health Officer is authorized to prescribe the necessary forms or reports for the de- termination 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 conclusive and biniing, unless controverted by clear and convincing evidence to the con- trary. The Health Officer or someone designated by him shall be given the opportunity, by each permit holder, to examine the per- mittees books for the purpose of determining the number of animals inspected each month. All inspection fees accruing for any calendar month shall be payable to The City of Beaumont not later than the 15th day of the month following, and if the sum ofmoney due for such calendar month as evidenced by the certificate of the City Health Officer has not been paid to The City of Beaumont at the end of such fif- teenth 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. - 7 - (• ''y r ii �� �i1 Section 8. Meat processing Permits. - All persons, firms, or corporations manufacturing or processing any meat products or meat -food pro- ducts in The City of Beaumont, who do not engage in an exclusive reatil business, and which persons, firms or corporations do no slaughtering, but process meat and manufacture meat products or meat -food products, and whose plants areinspected under the super- vision of the Health Officer of The City of Beaumont shall be granted a permit. The plants shall be inspected as frequently as the Health Officer shall deem necessary by Inspectors of The City of Beaumont, and shall pay the following inspections fees: (a) Plants processing meat and manufacturing meat products or meat -food products located without the city limits of The City of Beaumont, fifteen ($15.00) dollars per month. Mileage shall be charged for inspections outside the city limits at a rate of eight (80) cents per mile to and from the plant inspected. (b) Plants processing meat and manufacturing meat products or meat -food products located within the city limits of The City of Beaumont ten ($10.00) dollars per month. The term "processing" as defined herein shall have the mean- ing of its customary trade usage and shall include the following: Subjecting the meat to a process of curing, of smoking, of season- ing, of flavoring, or mixing, or to any combination of such pro- cesses. Section 9. Wholesalers Permit. - Every wholesaler, as herein defined, desir- ing to engage in the business in The City of Beaumont shall make application for a permit to the Health Department, which permit shall be issued by the City Health Officer on an annual basis, be- ing renewable on each succeeding first day of January. Each ori- ginal application or such annual renewal thereof shall be accom- panied by a payment to The City of Beaumont of a permit fee of One Hundred ($100.00) Dollars. - 8 - Section 10. Retail Permit. - All -.persons, firms, or corporations engaged in exclusive retail business or business of which itsmajor portion is retail, selling meat or meat products or meat -food products shall make application for a permit to the Health Department of The City of Beaumont, which permit shall be issued by the City Health Officer on an annual basis, being renewable on each suc- ceeding first day of January. Each original application and each annual renewal thereof shall be accompanied by the payment to The City of Beaumont of a permit fee of ten ($10.00) dollars. Section 11. Cold Storage Facilities Permit. - No person shall rent or lease any cooler, meat locker, or any other cold -storage facility of any kind or description, or in any manner permit such cooler, meat locker, or other cold -storage facility to be used for the storage of meat, meat products, or meat -food products, unless such person has been issued a cold storage facilities permit by the City Health Officer who is authorized to issue such permit upon receipt of application therefor, accompanied by the payment to The City of Beaumont of a permit fee of twenty-five ($25.00) dollars. This permit shall be renewable annually on each succeeding first d•ay of January and each renewal shall be accompanied by a life fee. The permit here required is for a person renting or leasing any cold - storage facility.- for the storage of meat, meat products, or meat - food products, and which person does not possess either an abat- toir permit or a wholesalers permit under the terms of this ordi- nance. It is the purpose and intent of this ordinance to require that person who has the right to control the placing of the meat in the cold -storage facility to obtain the permit, whether such person is the owner or lessee of such facility. Cold -storage facilities, meat lockers, coolers, and the like, of thirty (30) cubic feet capacity or less, used for storage of meat and other frozen foods by individuals for family consumption — 9 — and in which no meat is stored .for the purpose of sale, are ex- empt from the provisions of this section. Section 12. Time of Inspection. - Regular inspections will be made during regular working hours, viz: 8:00 a.m. until 5:00 p.m. on work days. In the event an abattoir permit holder requires an inspec- tion at times other than between 8:00 a.m. and 5:00 p.m. on work days, the Health Department will furnish an inspector if said re- quest is reasonable, provided the charge for such special inspec- tion will be double that provided for herein, namely, cattle (in- cluding calves) fifty (50¢) cents per head per animal inspected; swine, sheep and goats thirty (30¢) cents per head per animal in- sp ec ted. Section 13. Permit Required. - No person, firm, or corporation shall possess any meat product or meat -food product, or have in possession for sale any meat product or meat -food product, until sush person, firm, or corporation has applied for and received a permit to do business as herein prescribed. Section 14. Exceptions. - Persons, firms, or corporations operating slaughter- houses, carrying on a meat -slaughtering or meat -packing business whose plants and establishments are inspected by an inspector of the United States Department of Agriculture are hereby exempt from the payment of inspection fees to The City of Beaumont in view of the recognition of the meat inspection brands or marks of identifi- cation of the United States Department of Agriculture. Section 15. Outside Plants to be Inspected. - No person, firm, or corporation exposing or offering for sale, or selling in The City of Beaumont any meat, meat products or meat -food products, which meat, meat products or meat -food products, or the container thersof, bears - 10 - l i' the meat inspection brands or other mark of identification of a municipality whose meat inspection standard is not recognized by The City of Beaumont, shall not carry on such business in The City of Beaumont until his or its plant has been inspected by an inspector of The City of Beaumont, and such persons, firm or cor- poration must pay the actual cost of any such inspection. The cost of such inspection service shall be paid to The City of Beaumont. Section 16. Official Numbers. - An official number shall be assigned to each establishment granted inspection. Such number shall be used to identify all inspected and passed meat and products prepared in the establishment. Two- or more establishments under the same ownership or control may be granted the same official number, pro- vided a serial letter is added in each case to identify such es- tablishment and the products thereof. Section 17. Permit to be Posted. - Every person, firm, or corporation granted a permit in accordance with the provisions of this ordi- nance shall immediately post the same and shall at all times keep it posted in a conspicuous place within the place of business. Section 18. Revocation of Permit. - The Health Officer may at any time recom- mend the revocation of any permit issued under the terms of this ordinance. The City Manager may revoke such permit by notice in writing whenever it shall appear to his satisfaction from the recommendation of the Health Officer that the permittee has vio- lated the provisions of any law of the State, or any code or ordinance of The City of Beaumont relating to the carrying on of the business named in the permit and refuses to comply with the provisions of the law violated. Section 19. Sanitation. - It shall be the duty of any person, firm, or cor- poration conducting, operating, or maintaining an abattoir or slaughterhouse or a meat -food products establishment to keep the floors, sidewalls, pillows, partitions, ceilings, receptacles, refrigerators, implements, and machinery of every such establish- ment, and all cars, trucks and vehicles used for the transporta- tion of food products in a clean and sanitary condition; and for the purpose of this ordinance undlean and unsanitary conditions shall be deemed to exist if the food in the process of production, preparation, manufacturing, packing, storing, sale, distribution or transportation is not securely protected from flies, vermin, dust, dirt, and from other foreign or injurious contamination; or if the refuse, dirt, or waste products subject to decomposition or fermentation are not removed daily; or if the trucks, trays, boxes, buckets or other receptacles, or the chutes, platforms, racks, tables, shelves, knives, saws, cleavers, and other uten- sils used in moving, handling, cutting, chopping, mixing, canning or other processes are not thoroughly cleaned daily, or if the clothing or hands of the operators or other persons employed are unclean. Section 20. Ragulations for the Construction of Premises. - (a) All abattoirs and meat -food product establishments and vehicles shall be provided with proper doors and screens so as to adequately prevent the contamination of food products from flies. (b) Every such establishment shall have adequate and conven- ient toilet rooms and lavatory or lavatories, such toilet room or rooms shall be separate and apart from and shall not be ventilated into the room or rooms where the process of production, preparation, manufacture, packing, storing., canning, filling, or distributing is conducted. The floors of such toilet room shall be of non- - 12 - absorbent material and shall be kept clean and sanitary. The lavatories or washrooms shall be adjacent to the toilet rooms, or when the toilet is outside the building, the washrooms shall be next to the exit from the toilet. Lavatories and washrooms for such establishments shall be supplied with soap, and hot and cold running water, clean individual towels, and shall be main- tained in a clean and sanitary condition. (c) The floors of meat -canning rooms, curing cellars, boning rooms, meat chopping rooms, meat foiling rooms, or other rooms where water is used in connection with the operation, shall be of cement or other impervious material, and shall be properly graded to sewer connected drains. (d) The walls and ceiling of compartments from which said products are prepared and stored shall be of smooth cement, enam- eled brick, or other smooth hard substances, which can be kept clean and sanitary. (e) Tables and other equipment of such establishments shall be -made of smooth hard material.and so constructed that they can be kept clean and sanitary. When the tops of tables are made of wood, this must be hardwood and they shall be so constructed that they can be easily cleaned. (f) There shall be abundant light, both natural and artici- x cial, of good quality and well distributed, and sufficient venti- lation for all rooms and compartments to insure sanitary conditions. (g) The water supply shall be ample, clean and potable, with adequate facilities for its distribution in the plant and its pro - Lection against contamination and pollution. (h) An ample supply of water, not less than 180 degrees Fah- renheit, shall be furnished and used for the cleaning of inspection equipment, floors, walls, and the like, which are subject to con- tamination by the dressing or handling of diseased carcasses, their viscera and parts. - 13 - (i) Dogs and cats shall be excluded from such establishments. (j) All such establishments, including outbuildings, shall be maintained free of flies, rats, mice and other vermin. The use of rat poisons is prohibited in rooms or compartments where any unpacked meat or product is stored or handled, except under such restrictions and precautions as the Health Officer may prescribe. So-called rat viruses shall not be used in any part of such an establishment or the premises thereof. (k) Equipment and utensils used for preparing, processing, and otherwise handling any meat -food product shall be of such materials and construction as will make them susceptible of being readily and thoroughly cleaned and such as will insure strict cleanliness in the preparation and handling of all meat -food pro- ducts, so far as is practicable. Such equipment shall be made of metal or other impervious material. Trucks and receptacles used for inedible products shall bear some conspicuous and distinctive mark and shall not be used for handling edible products. (1) Butchers, inspectors, and others who dress or handle diseased carcasses or parts shall, before handling or dressing other carcasses or parts, cleanse their hands with liquid soap and hot water and rinse them in clean water, or immerse them in a pre- scribed disinfectant and rinse them in clean water. Implements used in dressing diseased carcasses shall be thoroughly cleansed in boiling water or in a prescribed disinfectant, followed by rinsing in clear water. The employees of the establishment who handle any product shall keep their hands clean, and in all cases after visiting the toilet rooms or urinals shall wash their hands before handling any meat product or implements used in the prepar- ation of the same. (m) Aprons, frocks, and other outer clothing worn by persons who handle any meat products shall be of material that is readily cleansed, and only clean garments shall be worn. Scabbords and - 14 - < tF similar devices for the temporary retention of knives, steels, triers, etc., by workers and others at an inspected establishment or meat -food products establishment shall be constructed of rust - resisting metal or other impervious material, shall be of a type that may be readily cleaned, and shall be kept clean. (n) No establishment shall employ in any department where any meat or product is handled or prepared any person affected with tuberculosis or other communicable disease in a transmiss- ible stage. (o) When necessary inspectors shall attach a "Beaumont re- jected" tag to any equipment or utensil which is unclean or the use of which would be in violation of this ordinance. No equip- ment or utensils so tagged shall again be used until made accep- table. Such tags so placed shall not be removed by anyone other than an inspector. (p) Inspectors shall require the use.of such protective cov- ering for meat and meat products as it is distributed from estab- lishments as will afford adequate protection for the product against dust, dirt;. insects, and all deleterious substances, con- sidering the means intended to be employed in transmitting the product from the establishment. (q) Since burlap used without any other material as a wrap- ping for meat deposits lint on the meat and does not sufficiently protect it from outside contamination, burlap shall not be used as a wrapping for meat unless the meat is first wrapped with a good grade of paper or cloth of a kind which will prevent contam- ination from lint or other foreign matter. (r) Pickling vats must be constructed of hardwood, cement, or other smooth hard surfaces that can be kept clean and sanitary. Any surface of same must be smooth and free from defect. (s) Meat and other foodstuffs, except when in cold storage or refrigerator rooms, shall not be placed directly on the floor - 15 - but must be placed on a rack or suitable container. All racks and counters shall be made of smooth hard material, constructed so that they can be removed for cleansing. Floor racks and the open- ing of boxes and containers must be at least six inches above the legel of the -floor. Section 21. Ante-mortum Inspection. - An ante-mortem examination and inspec- tion shall be made of all cattle, sheep, swine, and goats about to be slaughtered in an establishment before their slaughter shall be allowed. Such inspection shall be made on the day of slaughter. Such ante-mortum inspection shall be made in pens on the premises of the establishment in which the animals are about to be slaugh- tered. The ante-mortum inspection shall be conducted in accordance with the regulations governing meat inspection as established by the United States Department of Agriculture, Bureau of Animal In- dustry. Section 22. Post=Mortum Inspection. - A careful post-mortum examination and inspection shall be made of the carcasses and parts thereof of all cattle, sheep, swine, and goats slaughtered at establishments, Such inspection and examination shall be made at the time of slaughter. The post-mortum inspection shall be done in accordance with the regulations governing meat inspection as established by the United States Department of Agriculture, Bureau of Animal In- dustry. Exception. - When it is necessary for humane reasons to slaughter an injured animal at night or on Sunday or a holiday when the inspector cannot be obtained, the carcass and all parts shall be kept for inspection with the head and all viscera, except the stomach, bladder and intestines, held by the natural attachments. If all parts are not so kept for inspection, the carcass shall be - 16 - condemned. If, on inspection of a carcass slaughtered in the absence of an inspector, any lesion or condition is found indi- cating that the animal was sick or diseased, or if there is lacking evidence of the condition which rendered emergency slaughter necessary, the carcass shall be condemned. Section 23. Disposal;_ of Diseased Carcasses and Parts. - The carcasses or parts of carcasses of all animals slaughtered at an establishment and found at the time of slaughter or at any subsequent inspection to be infected with a disease or condition which renders same unfit for human consumption shall be disposed of according to the regu- lations governing meat inspection set down by the United States Department bf Agriculture, Bureau of Animal Industry. In cases of doubt as to a condition, a disease, or the cause of a condition, or to confirm a diagnosis, representative speci- mens of the affected tissues, properly prepared and packaged, should be sent to one of the Bureau of Animal Industry Pathalogi- cal Laboratories for examination. Section 24. Carcasses of Animals Slaughtered Without Ante-NIortum Inspection. - x No carcass or an animal which has not had ante-mortum inspection by an inspector shall be brought into an establishment. Section 25. Tank Rooms and Tanks. - The use and operation of tanks and tank rooms will be in compliance with regulations governing meat in- spection by the U. S. Department of Agriculture, Bureau of Animal Industry, as appears in the Code of Federal Regulations, Title 9, Chapter 1, Sub -chapter A, as amended, Parts 13 and 14, except as provided otherwise in this ordinance. Section 26. Inspection Legend. - Each carcass or parts which have been inspec- ted and :passed in an establishment, shall be marked at the time of inspection with the inspection legend, and with the number of the - 17 - establishment. The Health Officer may approve and authorize the use of abbreviation of marks of inspection under the terms of this ordinance. Such abbreviation shall have the same force and effect as the respective marks for which they are authorized abbreviations. The inspection legend and the number shall be separate and distinct from any other legend and number of establishment, in - eluding the Department of Agriculture legend. No person shall affix or place, or cause to be affixed or placed, the inspection legend or number or any abbreviation, copy or representation thereof, to or on any product or container thereof, except under the supervision of an inspector. All brands and devices furnished by the department for mark- ing or articles with the inspection legend, including self-locking seals, shall be used only under the supervision of an inspector, and when not in use for .matrking shall be kept locked in properly equipped lockers or compartments. No brand or device shall be false or misleading.: The letters and figures thereon shall be of such style and type as will make a clear and legible impression. No primal part of a carcass, the beef cod fat and beef kid- ney fat and each liver, beef tongue and beef heart, which has been inspected and passed, shall leave the establishment 'in which it is first inspected and passed without being properly marked by the proper authority and it shall be unlawful for any person, firm, or corporation to have in its or his possession for the purpose of selling, or to offer for sale, any carcasses or parts of carcasses of cattle, sheep, swine or goats, or any meat or meat products thereof, or casings or stomachs thereof, unless the same shall have been inspected and passed, and so marked, stamped or tagged by the proper authority of The City of Beaumont, the State of Texas, or the United States Government. am `sJ I _ t •4l � l Section 27. I Horse meat. (a) It shall be unlawful for any person, firm, or corporation to use in any meat -food product establishment, or to bring into or keep in the same, any carcasses or parts of car- casses of horses or mules, provided, however, this provision shall not apply to horse meat which is in cans -or in original sealed containers clearly marked to show the contents to con - main horsemeat, and which is sold in the unopened can or unopened sealed package . (b) Horses or mules shall not be slaughtered at establishments in the.same buildings where animals are slaughtered and after being slaughtered the meat from horses or mules shall not be taken into any part of the establishment where meat or meat products are kept or stored but shall be taken immediately to the rendering part of the establishment. Section 28. Unwholesome Meat or Pleat -Food Products. - It shall be unlawful for any person, firm, or corporation to use in any meat -food products establishment, or to bring into or keep in the same for the intent of using, or to sell, offer for sale, or to have in his possession with the intent of selling, any meat or meat -food products which are unclean, unwholesome, -decayed, putrid, poisoned, X infected, or in any manner rendered unsale or unwholesome for x human food. For the purpose of this ordinance meat and meat food products shall be deemed unwholesome for human food if any of the sulphides have been used as a preservative, or if same has been contaminated by flies, dust, dirt, or other foreign contamination, if they con- tain any poisons or deleterious ingredients which may render such articles injurious to health or if they contain the whole or any part of sausages or any canned meat -food products which have been on the market and are not worked over, or if the same are or have been submerged in brine, which is unclean, sour, putrid, spoiled, or contaminated, or if the same contains any unedible lard or tallow, or the whole or any part of any genital organs or uddq:•r;s, -19- or if the same consists of the whole or part of any unborn or still -born animals, or the whole or any part of animals too imma- ture to produce wholesome meat. Section 29. Power of Inspectors. - It shall be the duty of the Inspectors of the Department of Public Health, and they are hereby empowered, to enter all places in which the slaughtering of animals for food is being carried on, and to make such inspections of the said animals as may be deemed necessary to determine their fitness for human food. It:shall be unlawful for any person, firm, or corporation owning or having charge of any place in The City of Beaumont in which animals are slaughtered for food;\or outside of The City of Beaumont in which animals are slaughtered for food,to be sold in The City of Beaumont, to permit the removal therefrom of any car- cass or part thereof until the same shall have been inspected and stamped as approved or condemned by a meat inspector of the Depart- ment of Public Health. Condemned carcasses or parts shall not be removed from the slaughterhouse until they have been treated in the presence of the inspector in such a way as to prevent their future use for human food. It shall be the duty of the inspectors of the Department of Public Health, and they are hereby empowered, to enter any place where the meat or flesh of any animal mentioned in this ordinance or the products thereof, may be stored, held, kept, -exposed or offered for sale, and also every meat food establishment where meat is manufactured and articles of food are preserved, cured, canned or otherwise prepared for food, and inspect the same. y Whenever such meat or flesh shall, upon inspection and ex•i.mi_nation, be found not marked, stamped, or branded so as to show the same has been inspected and --passed for food purposes, as in this ordi- nance provided, the said inspe.ctor of the Department of Public Health shall condemn the same and shall order such.disposal as -20- will prevent its use as human food. For the purpose of making laboratory tests inspectors may take samples of any meat or meat products. Section 30. Unlawful to Resist Inspector. - No person shall resist, intimidate, delay, obstruct, hamper, abuse, or interfere with any inspector in the discharge or attempt to discharge any duty of his office, nor shall any person attempt by means of any threat or violence to de- ter or prevent any inspector from performing his duty. Section 31. Unlawful to fray Inspector. - It shall be unlawful for any person holding a permit under the terms of this ordinance to pay any com- pensation of any character to any inspector of the Department of Public Health for any service whatsoever, whether connected with inspection or not, and it shall also be unlawful for any person holding a permit under the terms of this ordinance to make a gift of any nature to any inspector of the Department of Public Health of The City of Beaumont. . It shall be unlawful for any inspector employed by The City of Beaumont to accept from any person, firm, or corporation, or from any agent or employee of such person, firm, or corporation selling meat in Beaumont, any gift, money, or any other thing of value for any purpose or intent whatever. Section 32. Removal of Stamp. - It shall be unlawful and a violation of this ordinance for any person, firm, or corporation, or any officer, agent, or employee thereof, to forge, counterfeit, simulate, or falsely represent, or without proper authority to use or detach, or knowingly or wrongfully alter, deface, or destroy any of the stamps or marks or brands or tags recognized by the Director of Public Health of The Uity of Beaumont on any cattle, calves, sheep, swine, or goats, or any carcass, or any part of any carcass of any -21- animal covered by this ordinance, or of meat products, or of meat - food products, or the containers thereof, covered by the terms of this ordinance; provided, however, this Section shall not apply to butchers cutting up meat for the purpose of sale where a stamp or mark is destroyed through the process of cutting the meat. Section 33. Appeals. - When the action of an inspector when the condemning of any meat or meat product is questioned appeal may be made to the Health 0 f ice r whose decision shall be final. Section 34. Provisions for Year 1951. - Any permit issued under this ordinance shall be issued for the balance of the year 1951 upon payment of one half (1/2) of the required annual fee. Full rate renewal fees and renewal permits become due, however, on the first day of January, 1952, and on each succeeding January 1 thereafter. No portion of any fee shall be subject to refund for any cause what- soever. Section 35. Time for Compliance. - Eighteen months shall be allowed to comply with regulations covering construction requirements from date of passage of this ordinance, but all other provisions of this ordinance shall become effective immediately upon passage and publication of same . Section 36. Penalty. - Any person, firm, or corporation, or any officer, agent or employee thereof violating any of the provisions of this ordinance guilty of a misdemeanor, and upon conviction thereof shall be pun- ished by a fine not to exceed Two Hundred ($200.00) Dollars. Each violation of this ordinance shall constitute a separate offense. Each day's violation of the sanitary requirements of this ordinance shall constitute a separate offense. -22- is Section 37 . ordinance and Code Repealed. - All ordinances and parts of ordl- nances and all articles or parts of articles of the Code of The City of Beaumont in conflict with this ordinance are hereby ex- pressly repealed. Section 38. Severability Clause. - If any provision, section, sub -section, sentence, clause or phrase or this ordinance or the application of same to any person or set of circumstances is for any reason held to be unconstitutional, void or invalid (or for any reason unin- forceable), the validity of the remaining portions of this ordi- nance or the application to other persons or sets of circum- stances 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 here- in shall become inoperative or fail by reason of any unconstitution- ality or invalidity of any other portion, provision or regulation, and to this end all provisions of this ordinance are declared to be severable. PASSED by the City Council this 15th day of Mayo A.D. 1951. -Mayor- -23-.