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47 of 1907 - Ordinance 47 of 1907 – Amending and re-enacting Chapter 19, Sections 240 to 267, inclusive, re: ap AN ORDINANCE . • • An ordinance amending, revising and re-enacting Chapter 19, Sections 240 to 267, inclusive, of the Revised Ordinances of Salt ' Lake City of 1903. Be it ordained by the City Council of Salt Lake City, Utah: SECTION 1. That Chapter Nineteen, Sections 240 to 267, inclusive ' of the Revised Ordinances of Salt Lake City of 1903, be, and the same is hereby amended, revised, and re..enacted to read as follows: , • 240. FOOD COMMISSIONER. ATPOINTMENT. COM2ENSATION. CLERK. The Mayor shall have power to appoint, during the term for which he is elected, subject to confirmation by the City Council, a competent person to the office of Food and Dairy Commissioner, who shall hold office for the term of office of the Mayor appointing him, and until his successor shall be ap- pointed and qualified. The compensation of the Food and Dairy Commissioner is hereby fixed at dollars per annum, payable monthly as are the salaries of other • City officers. The said Commissioner shall be allowed one clerk at a salary not exceeding seven hundred and twenty ( 720.00) dollars, payable matki monthly as are the salaries of other city employees; and the said Commissioner shall, b efore assuming! the duties of his office, take and subscribe the constitutional oath of office, and give an official bond to the City in the sum of one thousand ($1,000.00) dollars. 241. DUTIES OF COMMISSION7R. It shall be the duty of said Commissioner, and he is hereby invested with the power, to enforce in Salt Lake City, all ordinances thereof, and all laws of the State of Utah that now exist, or that may hereafter be • enacted, regrding the production, manufacture or sale of dairy and creamery products, or the adulteration of any article of , . . I -2- food, and regarding the use of skimmed or adulterated milk, and the feeding of unwholesome food to cattle and the keeping of cattle having infectious or contagious diseases; and said commissioner shall personally inspect any article of food made or offered for sale within this City, which he may suspect or have reason to believe is impure, unhealthy, adulterated, or counterfeit. He shall also visit and inspect the various dai- ries, cheese and butter factories of the City, and shall have power to enforce proper sanitary regulations in their manage- ment and surroundings. Said Commissioner shall personally, when complaint is made of the violation of any law relating to the feeding of any unwholesome food for cattle, or keeping upon the premises any cattle afflicted with any contagious or infec- tious diseases, immediately investigate said charge, and may prosecute any person, firm or corporation violating any of the ordinances of said City, or laws of this State, which it is the duty of said Commissioner to enforce. 242. POWERS OF COMMISSIONER. The said Commissioner and x such inspectors, agents, chemists and counsel as shall he duly authorized for the purpose, shall have access, ingress and egress to and from all places of business, factories, farms, buildings,, carriages and cars used in the manufacture, transportation or sale of any article of food as defined in this ordinance, and also into restaurants, dining halls, cafes, hotels and all rooms thereof, and all other places where food is prepared, stored or served to patrons. They shell also have power and authority to open any package, can or vessel containing or supposed to con- tain any article manufactured, sold or exposed for sale, or held in possession with intent to sell, in violation of the provisions of this ordinance or other laws of this City, ard , II � -3- may inspect the contents thereof, and may take samples therefrom for analysis. All dealers, clerks, bookkeepers, express agents, railroad officials, employees or common carriers shall render to ' them all the assistanoe in their power, when so requested, in tracing, finding or discovering the presence of any article pro- hibited by law, and in securing samples thereof as herein pro- vided for. Any refusal or neglect on the part of such dealgs, clerks, bookkeepers, express agents, railroad officials, employees or oommon carriers to render such friendly aid, or to furnish for such sample for analysis, as provided-Ain this section, shall be deemed a misdemeanor and shall be punished as hereinafter pro- vided. 243. SAMPLE TO BE MARKED OR SEALED. The person taking such sample, as provided for in this ordinance, shall mark or seal such sample with a paper seal or otherwise, and shall write) his name thereon, and number said sample so as to properly iden-' tify the same, and shall tender to the manufacturer or vendor ofl such article or product, or the person in whose control or pos- 1 session such article or product may be at the time the same is taken, the value thereof; but if the person from whom such sample is taken shall request him to do so, he shall at the same', time and in the presence of the person from whom the some is taken, seal with p roper seals or otherwise two samples of the article taken, on each of which said samples, or on the seals placed thereon, shall be placed the name of the person taking said sample and also the number above provided for, the one of which sample shall be delivered to the person from whom the same is taken, and the other shall be taken by the person so pr.ocur- ins the same to the City Chemist or other competent person ap- pointed for the purpose of making examica.ttoes or analysis of samples so taken. -4- 244. STANDARD OF WHOLESOME FOOD DEFINED, AND SALE OF UN- WHOLESOME FOOD PROHIBITED. The standards of quality, purity, and strength of foods, liquors, and drinks, that have been, or shall be adopted by the United States Department of Agriculture, are hereby declared to be the standards of purity, and strength of foods, liquors and drinks in Salt Lake City, except whore otherwise specified; and it shall be unlawful for any person to bring, or cause to be brought within the limits of Salt Lake City, or to offer or hold for sale, or sell, or have in posses- sion for sale, either at wholesale or retail, in any private or public market, or other place in said City, any article intended for human consumption except such as is healthy, fresh, sound, wholesome and safe for human food, nor any meat, fowl or fish that died by disease or accident. 245. UNWHOLESOME FOOD OR DRINK, AND SANITARY COUDITION OF ' RESTAURANTS, HOTELS, ETC. It shall be unlawful for the manager or keeper of any hotel, restaurant, saloon, boarding house or other public place where food or drink is sold, or for any clerk,, agent or servant therein to offer or keep for food or drink, or to be eaten or drunk, any deleterious or unwholesome substance; and whenever it is determined by said Commissioner that filthy or unsanitary conditions exist, or are permitted to exit in the operation of any hotel, restaurant, saloon or boarding house or other public place where food or drink is sold, or any place where any food or drink products are manufactured, stored, de- posited, sold or offered for sale for any purpose whatever, the - proprietor or proprietors, o:oler or owners, of such restaurant, hotel, bakery, confectionery or ice cream plant, or any Berson or persons owning or operating any plant where food or drink products are manufactured, stored, deposited, sold or offered for sale, shall be first notified and yarned by the Corm i.se.ion- er to place such res- ii -5- taurant, hotel, bakery, confectionery or ice cream plant, or any other place where food or drink products are manufactured, stored, deposited, sold or offered for sole, in a sanitary con- dition, within a reasonable length of time; and any person or , persons owning or operating any such restaurant, hotel, bakery, confectionery or ice cream plant, or any place where any food or drink products are manufactured, stored, deposited, sold or of- fered for sale, failing to obey such notice and warning shall be guilty of a misdemeanor. "it y }t shall be unlawful for any person affected with tuberculosis, syphilis, or any communicable die- ease to be employed in any bakery, hotel or restaurant as cook or waiter or in any other capacity which requires the handling of food." 246. SALE OF CALF, PIG OR LAMB TJ DTR CELTAIH AGE PROHIBITED' It shall be unlawful for any person to bring, or cause to be brought within the limits of Salt Lake City, or to offer or hold for sale as food within said City, any calf, pig or lamb of the ' meat thereof, which at the date of killing, being a calf, was less than four weeks old, or being a, lamb, was when killed less ' than eight weeks old. 247. SALE OF DISEASED CATTLE A* FOOD PROHIBITED. It shall be unlawful for any person to kill or cause to be killed for human food, any cattle in an overheated, feverish or diseased condition, and all such diseased cattle within the limits of Salt Lake City and the piece where found, and their disease, shall be at once reported to the Boar3 of Health by the ouar or custodian thereof. 245. FEEDI'S 511tTE Oil UI HCLESOiv FOOD i*OHII ITED. It shall be unlawful for any eraon s.; ne to fond or permit the Feeding of the e mma upon meat, blood or entrails in a putrid or decayed state, or upon tfiy food calculated to endender disea e -6- in the flesh of such animals. 249. PUTRID MEAT, FISH, BIRD OT FOWL AS FOOD. It shall be unlawful for any parson to hold for sale, offer for sale or buy j or sell, or have in his possession with intent to sell, for food,,or hold or keep in any market, public or private, or in any public piece, any ce . , Die en, plated, raised, stuffed, 1 putrid, impure or unwholesome most, fish, bird or fowl. I 250. STALLS AND MARKETS TO BE KEPT CLEAN It shall be un-I lawful for any person, being the owner, lessee or occupant of any room, stall, market or place where any meat, fish or vege- tables designed or held for nrou food shell he stored, kept or • offered for sale, to permit or allow such room, stall or place or its appurtenances to be or remain in an osioler n or unwhole- some condition. 251. UNWHOLESOME MEAT TO BE CONFISCATED. It shell be un- or sell, lawful for any person to expose for salsAin any market, house, shop or elsewhere, any tainted, putrid or unwholesome meat or provisions; and it shall be and is hereby made the duty of the Food Commissioner to forthwith seize and confiscate all such meat and provisions. 252. MILK, BUTTER AND CHEESE. It shall be unlawful for any person to keep at any place where milk, butter or cheese is sold, or to sell or deliver, or offer or have for sale, or keep for use, or to bring to Salt Lake City any unwholesome, skimmed, watered or adulterated milk, or milk known as swill milk, or brewer's malt milk, or milk from cows or other animals, which for the most have been kept in stables, or have been fed on swill or brewer's malt; or milk f'ro_n sick or diseased cows or other animals, or any butter or cheese made from any such milk; or any unwholesome butter o;• • 253. MAETi='=F IN DTTOH CATTLE SHALL BE KEPT. It shall be unlawful for any person to keep cattle in any place in whioi -7- ii f the water, ventilation, ;p>.nitary condition alma food are not suf- ficientl.y wholesome for the preservation or their health. 254. •MADTNEF? OF TRANSPORTING CATTLE. It shall be unlawful for any person to transport of place in any vehicle for trans- portation, any cattle tied by the legs, or bound down by the IL! neck, but such cattle shall be allowed to stand freely in such vehicle while being transported or being confined therein. 256. SLAUGHTERING CATTLE. It shall be unlawful for any person to slaughter cattle or other animals at any place within the limits of Salt Lake City, without a. specia.l permit from the Ci ty Council. MILK..BILK. INSPECTION OF. It shall be unlawful for any li person to bring or send into Salt L ke City for sale, either at : wholesale or retail, or to offer for sale, or have in possession with intent to sell therein, any milk without havio; o'r,tt fined from the said Commissioner, annually, a permit in writing so to; do; and hall then pay to said Commissioner the annual license provided by ordinance for carrying on such business. Such per-., mit shall be given by said Costrissi.ener upon inspection of the premises where the con are kept, and inspection of the vessels{ li used to hold such milk end test of the milk, it shall appear that said premises and vessels are kept in good sanitary con- . fill dition, and that the milk meets the rejniroaents of the ord.i- anoes and rains of the Board cf Health of the City, and upon condition that none but pure, unadulterated and udi.ls_tnd silk shall be sold. 257. CONDEMNATION. After each permit shall have been granted, the Food Commissioner of sri.d City shall have power to, condemn milk whenever, upon inspection of premises and vessels and test of milk, it shall be found that such prontisos or ves- eels are not kept in good sanitary condition, or that the- milk - i -8.- does not Beet the requirements of the ordinances, and the rules i adopted by the Board of Health; and it shall be unlawful for any person to sell or offer for sale any milk so condemned. 258. QUALITY OF MILE, CREAM, BUTTER, ETC. It shall be un-1 lawful for any person to offer for sale, or to sell milk, unless! the same contains not less than three and two-tenths per cent of! fat, and a total of not less than twelve per cent of solids, or unless sold as an inferior article, and plainly marked es such; rrvweli .. ,land all cream sold, or offered for sale shall be produced from normal milk, free from all kinds of additions, and shall in no case contain less than eighteen per cent of butter fat; Provided; that the selling of cream containing viscogen shall not be pro- hibited if labelled (visco cream). Butter of standard purity shall be butter made from normal milk or cream, free from all kinds of additions except salt, and harmless coloring matter, and shall contain not less than eighty per cent of butter fat. 1 Ho person or persons, firms or corporations, by themselves or i !, their agents or employees, shall sell, offer for sale, or expose for sale, or have in his or their possession for sale in Salt La..ke City, any renovated butter, unless the same shall have printl ed upon each and every package, roll, print, square, or any con tamer of such renovated butter the cords "Renovated butter", in letters not less than one-half inch in height, or shell not have secured a license from the State Food and Deirp Commiesioner, as: provided by the Laws of the State of Utah. 259. noir ER OF ICARKIBG MMILK 1eGO.I?S'. It shall be unlawful for the owner of any milk wagon used in Salt Lake City for the delivery or sale of milk, to fail to have the name of the owner, the nurmker of his permit, and the location of the dairy printed on said wagon in a conspicuous place, and in a plain and legible manner. 260. WATER FOR DRIBYIPG PURPOSES. It shall be unlawful for any person to allow to run or pass into any water pips, any -9- animal, vegetable or mineral substance whatever, or to do or • permit to be done, any act or thing that will imperil the purity; of any water used for drinking purposes. 261. ICE. APPLICATION TO SELL. It shall be unlawful for any p erson, firm or corporation to eneage in the business of re- : tailing and selling any ice from house to house, or to hotels, restaurants, saloons or other places where such ice, so sold midi delivered, may be used in contact with articles of food or drink (which use is hereinafter referred to as "domestic use"), with- out first filing a written application with the of Health • for a permit therefor, statin7 in such ap)lica.tion the place or places where such ice is to be, or has been cut or gathered, the ! means of delivery, the location of the storage thereof, or places from which such ice is to be delivered, and the quality of the ice intended to be sold. Such application shall be verified by ; the oath of the applicant; or if the applicant is a firm or core pora.tion, by the oath of a member of the firm or some officer of the corporation; and the person verifying shall state under oath that the matters stated in the application are true. Such ap- plication shall be likewise accompanied by a fee of five (:s5.00) '; dollars, which upon issuance of the permit herein referred to, shall be by the Board of Health covered into the City Treasury. Upon refusal of such permit by the hoard of Health, the fee de- posited shall be returned to the applicant. 262. STANDARD FOR DOMESTIC ICE. All ice to be sold and delivered within Salt Leke City for domestic use, shall be pure - and healthful ice, free from matter deleterious to health; and such ice is hereby defined to be ice glitch, upon ohemic and bac- teriologic examination shall be found free from nitrates, nitrites and pathogenic bacteria, and to cor_te.in not more than sixteen ' • one.-hundredths of one hart of free amaon:i.a, and nine one.-h47-.a. ii -10- dredths of one part of albuminoid ame:onia in one million parts, and in respect to which the loss on ignition shall be less than one-half of the total solids, and the oxygen consumed shall not exceed two and one»half parts in one million. 263. PEPJdI'TS. Said Board of Health shall examine such application, and if it shall appear therefrom and from a chemic and bacteriologic examination of fair samples of such ice, made under the direction of staid Board of Health, that the ice intend+ ed to be sold is such ice as may, under this chapter, be lawfull, sold and delivered in Salt Lake City for domestic woe, said Board shall issue to such applicant a permit to sell such ice for domestic use. Bo permit shell be issued for a period greater than twelve months from the date of its issuance. 264. SALE. It shall be unlawful for any person to sell or deliver any ice for domestic use, without first he.vin,e obtained from the Board of Health the permit specified in this chapter, and under any circumstances, to sell or deliver, for domestic use, any ice which shell have been taken from any lake, pond, river, stream or other body of water, wherever located, which is defiled by sewage, garbage, ashes, decaying vegetation, refuse or wastes from any industry, or by any other substances tending to make water impure and unhealthful, according to the standard fixed by this chapter. 265. INSPECTION. It shall be the duty of the said Com-- missioner to examine, or cause to be examined, from time to time, the places where ice is to be gathered, or hes been gathered, for sale and delivery within said City, and ell places where such ice may be stored or kept, and every vehicle in which the same may be delivered, on any pert of its, route from the place where it is gathered to the final customer; a.nd to examine or cause to be examined from time to time, ice no soli or;dee 3 li • • -11- • • livered, or to be sold or delivered, so far as he may deem nec- j essary or expedient to ascertain whether such ice is pure and • healthful and free from matter deleterious to health, according such to the standard prescribed by Section 262, and if ueon^examina- tion it shall be found that any person, firm or corporation has sold and distributed, or is selling and delivering any ice for 1 • domestic use below said standard, or any ice contrary to the provisions of this chapter, the said Commissioner shall cause every such offender to be prosecuted; provided, that in all cases where ice is so taken for examination, such sample shall be taken with the knowledge of the person in charge of said ice 1 or ice wagon. • 266. ILQ2Ur ICE FOR COOLING PURPOSES. This chapter shall • not be construed to prohibit the sale or delivery of impure ice to be used only for packing and cooling purposes, that is to say, for use in refrigerators, refrigerator cars, freezing machines, rooms and other places where it will not come in contact with articles of food or drink; provided, that a permit to sell, de- liver or use impure ice for the purposes aforesaid, and for no other purpose, shall be first obtained in the manner and upon payment of the fee prescribed in Section 261. Whenever any im- pure ice for packing or cooling purposes shall he sold or de- livered from any wagon or other vehicle, the driver or other• person in charge thereof, shall carry a supply of printed cards on which shall be printed in large, legible letters, the words: II "Ice for packing and cooling purposes only. Not for domestic use," and he shall hand with each delivery of such ice, one such card to each customer, or to the person who receives such ice, and shall take at the same time a receipt ,which shall fie given him by such purchaser or recipient, on which receipt said words • shall be similarly printed. It shall be unlawful to sell,or -12- deliver any ice for packing or cooling purposes without suoh permit, or otherwise than in conformity with the provisions of this section. 267. PENALTY. Any person violating any of the provisions of this chapter, shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine o, not less than fifty 050.00) dollars nor more than two hundred`($200.00) dollars, or by imprisonment in the city jail not more than one hundred days, or by both such fine and imprisonment. : SECTION 2. All rules made by the Commissioner, shall, by and l with the consent of the City Board of Health, be binding as if enact, ed into ordinances. SECTION 3. All ordinances and parts of ordinances in conflict txxxxt±k with the provisions of this ordinance are hereby repealed. SECTION 4. This ordinance shall take effect upon approval. C2 }_aZA Passed by the City Counoi.l .t. Lake CIty,Utah, 15` 1907, and on notion given for a reconsideration at next meeting of. the City Council, laid over for one week, and on July pp 1Q0'r; no motion for reconsideration being made, the or.di.nanc ve ers daclareA. passed, and referred to the Pusyor for his approval July 2%1907. Approved this 2 L� day of July, 1907, Oity ReeoFaer. 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