HomeMy WebLinkAboutORD 41-AJ11i)
AN ORPIi:ANCE
n.
Entitled an Ordinance to prohibit and. prevent adulter-
ation, fraud and deception and misbranding in the Manufacture
and sale of articles of food; prescribing penalties for
the violation of this ordinance,and. declaring an emergency.
BE I`" OR'�AINED BY T.T-' CITY COUi;CIL OF TH? CITY OF BEAUMOITT;
Section -1-
That no person, Firm or corporation, shall within this city
manufacture for sale, have in his possess' on with 1,�L< intent
to' sell, offer;ox expose for sale, ox sell or exchange any
article of food which is adulterated or misbranded within the
meaning of this act. The term "Food" as usecl herain shall include
all articles used by Man as food, drink, flavoring, confectionery
or condiment, whether simple, mixed or compounded.
Section -2-
That for the pusposes of this Act food shall be d.aeined to
be adulterated: (1) if any substance had been mixed and packed
with it so as to reduce or lower oT injuriously affect its
Quality or strength; (2) if any substance has been substituted
wholly or in part for the article; (3) if any valuable con-
stituent of the artille has been wholly or in part abstracted,
or if the product be below that standard of. duality, (Inantity,
strength or purity represented to the purchaser or col! oxier;
(4) if it be mixed, colored or powdered, costed or stained in
a manner whereby damage or inferiority is concealed; (5) if it
• r
contalia any aclCled poisonous or other added deleterious ingredient
which may render such -:article injnrious to health, provided.,
0
entitled an' Ordinance to prohibit and. prevent adulter-
ation, fraud and deception and misbranding in the Manufacture
and sale of articles of food; prescribing penalties for
the violation of this ordinance,and declaring an emergency.
BF IT OR1.1.1NED BY TT' CITY COTPTCIL OF TI ' CITY OF BEAUMONT:
Section -1-
That no person, firm or corporation, shall within this city
manufacture for sale, have in his possess on with t1,intent
r
to sell, offeror expose for sale, oa, sell or axchange any
article of food which is adulterated or misbranded within the
meaning of this act. The term "Food" as used herein shall include
all articles used by man as food, drink, flavoring, confectionery
or condiment, whether simple, mixed or compounded.
Section -2-
That for the pusposes of this Act food shall be deemed to
be adulterated.: (1) if any substance had been mixed and packed
with it so as to reduce or lower or injul:-iously affect its
quality or strength; (2) if any substance has been substituted
wholly or in part for the article; (3) if any valuable con-
stituent of the ar. tide has been wholly or in part abstracted,
or if the product be below that standard of.quality, quantity, `
strength or purity represented to the purchaser or con,Samer;
(4) if it be mixed, colored or powdered, coated or stained in
a manner whereby damage .or inferi-ority is concealed;. (5) if it
contain any added poisonous or other added deleterious ingredient
which may render such article injurious to health, provided.,
that when. in the ?reparation of food products for shipment they
O
are preserved by any external application applied in such manner
0
that the preservative is necessgxily removed mechanically or
. by maceration in water or other,.41se, and ,directions for the
removal, of :=nch preservative shall be printed 'on the covering
Of the package e The pr ovisions of this act shall be construed
as applying only when said products are a,eady for consumption.
(6) if it consists in whole or in part of a filthy, decomposed
or putrid animal or vegetable substance, or any portion of an
animal or vegetable unfit for food, whether manufactured or
not, or if it is the 1croduct animal, or one that has dies_
otherwise than by slaughter. Fox the yourpose of tTnis Act, the
term "Filthy" shall be deemed to ap,,)ly to food not securely
protecte:0 from flies, dust, dirt, and as par as it may be
necessary by all reasonable means from all foreign or i.n'jarious
contaminations.
Section -3-
That the team "Misbranddd" as used herein, shall apply to
a11,:,Iarticles of food or articles which enter into the composition
of food, the package or label of which shall bear any statement,
design or device regarding such article or the ingredients or
substances contained therein shall be false or misleading in
any particular. That for thepurpose of this act, food shall also
be deemed to be misbranded: (1) if it be an imitation of, or
offered for sale under the distinctive name of another article.
(2) if it be labeled or branecl so as to deceive or mislead
the purchaser or purport to bc� a fo33eign product when not so,
or if the contents o.-' the pacl"age as originally Alit- up shall
have been removed in whole or in part and. other contents shall
have been placed in suchpackage , or i t' it fail to bear a
statement on the label of the -quantity or proportion of rnjrphine,
of the package, The provisions of this act shall be construed
as applying only when said products are J,eady for consumption.
(6) if it consists in whole or in part of a filthy, decomposed
or putrid animal or vegetable substance, or any portion of an
animal or vegetable unfit for food, whether manufactured or
not, or if it is the product ankmal, or one that has died
otherwise than by slaughter. Fox the purpose of t1is Act, the
term "Filthy" shall be deemed to ap,,)ly to food not securely
protecteo -From flies, dust, dirt, and as far as it may be
necessary by all reasonable maans from all foreign or i.n'jurious
contaminations.
Section -3-
That the tam "Idisbranddd" as used herein, shall apr)ly to
all -'.articles of food or articles which enter into the composition
of food, the package or label of which shall bear any statement,
design or device regarding such article or the ingredients or
substances contained therein shall he false or misleading in
any particular. That for thepurpose of this act, food shall also
be deemed to be misbranded: (1) if it be an imitation of, or
offered for sale under the distinctive name of another article.
(2) if it be labeled or branded so as to deceive or mislead
the puxchaser. or purpoxt to bc,, a foreign product when not so,
or if the :,ontents o_. the paelLIage as originally put up shall
have been removed in whole or in part and. other contents shall
have been placed in such package, or it it fail to bear a
statement on the label of the quantity or proportion of morphine,
opium, cocaine, heroin, alpha or beta. eucaine , ph:,nacetine ,
chloro-form,aannabis irldica, chloral hydrate or acetanelid, or
any derivative or preparation of any such substance contained
therein; (3) if in pac',_age :fox'rq and the contents are stated
in teams of weight or measure, they are not plainly and correctly
stated
on the
outside
of
the package; (4) if the
package
contain-
ing i_t
or its
la,,)el j
'bear
any state cent design or
device
regarding
l -A x I / 4 -
the ingredients or the substances contained therein, which
statement, design or device shall be false or misleading in any
particular, provided that any article of food which does not
contain anj added poisonous or deleterious ingredient shall
not be deemed to be adulterated or misbranded. in the following
cases; First, in the case of mi;,tuxes or compounds which may
be now or from time to time hereafter known as axticles of
food, under their own distinctive names, and not an imitation
of or offered for sale under the distinctive name of another
article, if the name be accompafaied on the same label or brand.
with a statement of the place whexe said article has been
manufactured or produced; second, in the case of articles
labeled, branded or'taggad so as to plainly indicata that they
ar-e compounds, imitations or blends; that the term "blend" as
used herein, shall be const-s.,ued to mean a mixture of like
substance:, -not exclud.ing harmless coloring or flavoring ingredients
used for the purpose of coloring and flavoring only; and provided
further, that nothing in this act shall be construed as requiring
or compelling proprietoxs or manufacturers of pxoprietary foods
whic h contain nb unwholesome added 'ingredients to disclosg3the it
trade formulas .except in flo fax as the provisions of this. act
may require to secure freedom from adulteration and misbranding.
Section =4 -
It shall be unlawful for any person to manufacture, sell,.
offer or e dose for sale or exchange any article of food to Which
has been ad(led formaldehlyde , boric acid. or borates, benxoiovactd
the ingxedients or the substances contained therein, which
statement, design or device shall be false or misleading in any
particular, provided that any article of food which does not
contain ani' added poisonous or deleterious ingredient shall
not be deemed to be adulterated or misbranded in the following
cases; First, in the case of mi:r-tuxes or compounds which may
be now or from time to time hereafter knovrn as articles of
food, under their own distinctive names, and not an imitation
of or offered for sale under the distinctive name. of another
article, if the name be a.ccompamied on the same label or brand.
with a statement of the place where said article has been
manufactured or pxoduce,d; second, in the case of articles
labeled, branded or tagged so as to -plainly indicate that they
are compounds, imitations or blends; that the term "blend" as
used herein, shall be construed to mean a mixture of like
,substances, _ot excluding harmless coloring or fla,,,oring ingredients
used for the purpose of coloring and flavoring only; and provided
further, that nothing in this act shall be oonstrued as requiring
or compelling pxoprietoxs or manufactlixers of proprietary foods
which contain nb unwholesome added Iingxedients to disclos cAhe it
trade formulas .except in do fax as the provisions of this. act
may require to secure freedom from adulteration and misbranding.
Section =4 -
It shall be unlawful for any person to manufacture, sell,,
offer or ex-i)ose for sale or exchanv�e any article of food to which
has been ad(,ed formaldehyde, boric acid. or borates, benzoin-�actd
or benzoates,sulphurous acid or sulphites, -salicylic acid or
salicylates, abrastal, beta napthol; flourine compoun,s, dulcin,
glutin, coacine , sulphuric acid or other minexal acids, except
phosphoric acid, any pxeparati.on of lead or copper or other
ingredient injurious to health; provided, that nothing in this
act shall be construed as prohibiting the sale of catsups,
sauces, concentrated fruits, fruit juices and like siibstances
preserved with onetenth pffi one per cent of sodium benzoate,
or the equivalent benzoic acid,when a statement of such fact
is palinly indicated upon the label; provided further, that the
oxides of subphur may be used for D.eaching, clarifying and
refining food products.
Section -5"
It shall he url: wful for any per on, firm or co:,,-por
conduct, within the City of Beaumont, any grocery, bak
restaurant, hotel or eating house or any -place where foods for
d t�j
0 -t4< < iI -) L�
the consumption of huPlan beings are manufactured for sale ,
possedsed with the intent to sell_, offered or exposed f.or sale,
unless said place is equipped with well fitting screens of not
less than 14 mesh wire, and «ent in a sanitary condition
satin'factory to the Board ofhealth.
Section -6-
All meats, game, fish, vegetables, fruit, prepared food
products, and Candie e -_posed for sale irj open recept�:cles or
broken packages, shall he kept not les,; than two feet above the
floor of the building, shop, booth or place ;here they are so
exposed and shall be protected in such manner as to prevent dost,
M.: -s andinsects from coming in contact.with them. Cut fresh
meat, f`-esh fish, and all fresh fruit (except oranges, lemons,
grape fuuit, bananas melons,%WAiale) exposed for sale shall
be kept in properly vainitilated cases o_ -c rece.�tacles having O -lass
tops. All cooked and uncooked food displayed by restaurants,
0
sauces; concentrated' fruits, fruit juices and li.!re sr_bstances
preserved with onetenth pts' one per cent of sodium benzoate,
or the equivalent benzoic acid,when a statement of such fact
is palinly indicated upon the label; provided further, that the
oxides of subphur may be used for D.eaching, clarifying and
refining food products.
Section -5--
It shall be url&wful for any person, firm or corporation to
conduct, within the City of Reanmon.t, any grocery, bakerymarlret�-
restaurant, hotel or eating house or any elate where foods for
the ;;onsumption of human beings are manufactured for sale ,
possedsed with the intent to sell, offered or exposed for sale,
unless said place is equipped with well fitting screens of not
less than 14 mesh wire, and 1 ept in a sanitary condition
satl�factory to the Board of Health..
Section -6-
All r_geats; game, fish, vegetables, fruit, prepared food
products, and candies; exposed for sale irq open recept<:cles or
broken packages, shall .be kept not les._> than two feet above the
floor of the building, shop, booth or place where they are so
exposed gnri shall be protected in such manner as to prevent dust,
flips and insects from coming in contact with them. Cut fresh
meat, f:..,esh fish, and all fresh fruit (except oranges, lemons,
grape fruit, bananas, melons, b@*jjvjr) exposed for sale shall
be kept in properly ventilated cases o -r receptacles having glass
tops. All cooked and uncooked food ',i splayed b, -,T resta.urants;
0
hotels or eating houses shall_ be protected -from dust, flies
and othe i^ i nse, ct,i , wi. til appy oj)z i.ate glass coverings. All foods
consumed without peeling, cooking or washing, peddled from wagons
shall be protecte(i fzors dust, flies, and other insects with
appropriate coverings, glass if displayed.
Section -7-
Whoever shall c' o any of the act's or thingsprohibited, or
willfully neglect or refuse to do any of the Acts or the things
way
enjoined by this Act, or in ar. ,j violate any of its provisions,
shall be deemed guilty of a misdemeanor, an;i shall be punished
by a fine -of not less than Twenty -Five 025.00) nor more than
Two Hundred 0200.00) Dollars.
Section -S-
Whereas, the City of Bee.unont has no adequate law regulating
,he ad»lteration and misbranding of foods an emergency therefore
exists necessitating the rule, regniring ord.ina.ces to be read
at throe separate. meetings to be suspended, and this ordinanee
shall be placed on its third and f;nal reading, and shall take
effect and be in full force and effect frora and after its
passage, approval by the Mayor and lawful publication.
hf 0.06".
Passed 'this the 'dpr of ter, A.D.1914.
Approved this the day )f fir, A?D.1914-
At
or
City Count j.'
C 1 t y -
Golatlo In c' n
Beaumont, Texas,
Te , youl- o2dil'allce Comittee , to
was i-nfel'irocl the attc,.che cl OiC--Loarice , beg t o re po2t
-,-ie have cczti ofally e. -.am! no 6 sc-,o '..Ilei r721C, t
to '-)c� c rur:c e lot ana -,, e cl.or-imend that said 0-r dJJ nan(, c,- be
a cl opt e. d -
RosloecAft-0-ly yom."s
Ore. inz:"rice Connittee
PILED THIS THE -DA, Y
OF
SLOITTON,
F�g.RF-�TARY-
0 4-1