HomeMy WebLinkAboutOrdinance - 3094-1960 - Amending The City Code, Adopting The Texas State Regulations Poultry Inspection - 03/24/1960~ JWr :we ... -Q3-d4-L~ ~~~.~~~==============~====================~========= ----· • ORDINANCE ~~4 -. II
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/() rbi> A N ORDINANCE AMENDING THE LUBBOCK CITY CODE BY ADO~TiNG I /~ THE TEXAS STATE REGUlATIONS FOR POULTRY INSPECTION WITI-UN THE ~.)-'\. MUNICIPALITY; PROVIDING FOR ESTABUSHM.ENT PERMITS; FACIUTIES
FOR INSPECTION. FEDERAL AND STATE ESTABLISHMENTS EXCEPTED; /-@ PROVIDING FOR lAY INSPECTOR OF POULTRY AND POULTRY PRODUCTS;
REGUlATING TRANSPORTATION OF POULTRY; PROVIDING A PENALTY;
PROVIDING FOR PUBUCATION AND EFFECTIVE DATE AND PROVIDING A
SEVERABILITY CLAUSE. ( ·4.1, B;E IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF LUBBOCK:
SECTION 1. THAT Volume I of the Lubbock City Code is hereby amended
by adding thereto new subdivisions which shall read as follows:
"Section 13-37.1. Adopting State Regulations for
Inspection.
All poultry and poultry products, processed within the muni-
cipality of Lubbock, Texas, or its police jurisdiction, shall be
regulated in accordance with the terms of the unabridged form of
regulations governing poultry inspection, as amended, which are
promulgated by the Commissioner of Health and approved by the
State of Texas, a certified copy of which shall be filed in the City
Secretary's office of the City of Lubbock, Texas."
"Section 13-37. z. PoultrL Processing Establishment
Permi s.
No person shall operate any poultry processing establishment
within the corporate limits of the City of Lubbock unless such per-
son has been issued a poultry processing establishment permit by
the Director of Public Health, which permit must be renewed
annually on each succeeding first day of January, and may be re-
voked for violation of any regulation of this ordinance. Pertlons
desiring to begin operating new poultry processing establishments
after the effective date of this ordinance shall ha:ve their permits
issued subject to the provisions of Section Article ill, 13-25 through
13-67 of the Lubbock City Code and thereafter shall obtain annual
renewals as above provided on each succeeding first day of January."
usection 13-37.3. Facilities for Inspection.
It sbll be unlawful for any person to have, keep, sell or ex-
pose for sale, or to have in his possession with intent to sell, for
human food, and poultry or poultry products derived, in whole or
in part, from the meat of poultry, which said poultry or poultry
food products have been wholly or in part, canned, cured, smoked,
salted, packed, rendered or otherwise prepared or stored for trans-
portation or sale, unless such poultry or poultry food products have been
eo canned, cured, smoked, aalted, packed, rendered, or otherwise
prepared or stored for transportation or sale and inspected under the
provisions of this ordinance or under the supervision of the Agricultural
Marketing Service of the Department of Agriculture of the United States
in accordance with the regulations of such Dep~rtment, or under the
supervision of the Veterinary Division of the Texas State Department
of Health. 11
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"Section 13-37.4. Federal and State Establishments
Excepted.
Any official establishment within the City of Lubbock at
which inspection is maintained by the Agricultural Marketing
Service of the Department of Agriculture of the United States
Government, under the PoultJ:y Inspection Act of 1958, and
other applicable laws and federal regulations, (or by the Vet-
erinary Division of the Texas State Department of Public Health}
is excepted from the provisions of this ordinance. Any poultry
or poultry products marked and identified as being inspected
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and passed by the Health Department of any City in Texas approved
by the Health Department of the City of Lubbock shall be deemed
in compliance with this ordinance ...
11Section 13-3 7 • 5. Lay Inspector, Poultry and Poultry
Products.
(a) It shall be the duty of the lay inspector, and/or inspectors,
to inspect all poultry before processing and post mortem, and the
storing, processing and cooking of poultry products. For such ser•
vice a fee of $12.00 per day for each inspector required for such
examinations and inspections, or three dollars for one-fourth day
or any fraction thereof for each inspector as may be required.
Charges shall be made for overtime inspections and examinations,
using as the basis the before-mentioned charge of twelve dollars
for an 8 hour day and placing the minimum charge at three dollars
for one-fourth day or any fraction thereof.
Inspection on legal holidays and fees therefor.
When inspections an4 examinations are required on legal holi-
days observed by the ~9yees of the city~ the owner or proprietor
shall first apply to the chief meat inspector for such service. If
inspectors are available and the request is approved by the meat
inspector, such service as requested shall be furtished. The charge
for such inspection service on legal holidays shall be time and one-
half or eighteen dollars per day for each inspector and a minimum
charge of four dollars and fifty cents for one-fourth day or any frac-
tion thereof.
(b) It shall be the duly of the poultry processing plant to furnis.h
the Director of Public Health a certified copy of the number of birds
processed."
"Section 13-37.6. Transportation of Poultry or Products.
It shall be unlawful for any person to transport or cause to be
transported in any vehicle through the streets or public ways of the
City any poultry or poultry products unless the same is securely
wrapped in paper or tightly-woven cloth covering, or cellophane
bags, or unless such vehicle is provided with a tight cover, which
shall be kept closed-at all times during such transportation, so as
nbt to expose the poultry or poultry products to dirt, dust, filth
or 1 other deleterious substance. n
SECTION z. The City Secretary shall cause the publication of this ordinanc
once a week for two consecutive weeks in a newspaper regularly published in the
City of Lubbock, and this Ordinance shall become effective ten days after its last
publication.
SECTION 3. Any person, firm or corporation violating any provision of
this Ordinance shall upon conviction be fined in any sum not to exceed $200., 00.
SECTION 4., Severability Clause. -If any provision, section,subsection,
sentence, clause or phrase of 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 unenforceable, the validity of the remaining
portions of this ordinance or their application to other persons or sets of circum-
stances shall not be affected thereby, it being the intent of the City Commission of
the City of Lubbock, in adopting and of the Mayor in approving this ordinance, th
no portion thereof or provision or regulation contained herein shall become in-
operative or fail by reason of any uncontitutionality or invalidity of any other por-
tion, provision, or regulation, and to this end, all provisions of this ordinance
are declared to be severable.,
AND IT IS SO ORDERED
Passed by the Commission on second reading this 6th
19§.2_.
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C1ty Allorney
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