Full Ordinance Name:  Montgomery County, Maryland Code. Chapter 46. Slaughterhouses. Article 1 - 2 §§ 46-1 to 46-18

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Primary Citation:  Montgomery County Code §§ 46-1 to 46-18 Date Adopted:  1965 Jurisdiction Level:  Maryland Last Checked:  September, 2013
Summary:

These ordinances prohibit a person from operating a slaughterhouse in Montgomery County, Maryland without first obtaining an annual license from the Department of Health and Human Services. The requirements to obtain a license are provided, as well as the provisions for denying or revoking the license. These ordinances also contain the health standards and regulations necessary to operate a slaughter house, as well as the penalties for violating this chapter.

Article I. In General.

§ 46-1. Definitions.
§ 46-2. Enforcement of chapter.
§ 46-3. Licenses-Requirements generally.
§ 46-4. Same-Denial and revocation.
§ 46-5. Inspections; procedure upon noncompliance with health standards and regulations.
§ 46-6. Appeals from action of director.
§ 46-7. Penalty for violations of chapter; injunctive, etc., relief.

Article II. Health Standards and Regulations.

§ 46-8. Construction requirements for buildings generally.
§ 46-9. Room conditions and facilities.
§ 46-10. Refrigeration.
§ 46-11. Pest control.
§ 46-12. Water and sewage.
§ 46-13 . Equipment and utensils.
§ 46-14. Sanitary requirements for employees.
§ 46-15. Waste disposal containers.
§ 46-16. Removal of sweepings and absorbent compounds; cleaning of holding pens, coops and hutches; manure removal.
§ 46-17. Rooms to be kept free from flies, roaches, rodents, etc.; restrictions on use of poisons.
§ 46-18. Diseased or emaciated animals.

Article I. In General.

46-1. Definitions.

For the purposes of this Chapter, the following words and phrases shall have the meanings respectively ascribed to them by this section:

Department: The Department of Health and Human Services.

Director: The Director of the Department of Health and Human Services.

Slaughterhouse : Any building, place or establishment where poultry or domestic animals, including rabbits, are slaughtered, or where the unprocessed edible parts of the carcasses of the same are rendered or processed. Such term shall also include the yards and pens appurtenant to, or used in connection with, any such building, place or establishment. Such term does not include any building, place or establishment in which a farmer carries on the activities described herein on a farm.

(Mont. Co. Code 1965, § 101-1; 1972 L.M.C., ch. 16, §§ 5, 13; 1980 L.M.C., ch. 38, § 1; 1996 L.M.C., ch. 26, § 1.)  

46-2. Enforcement of chapter.

The director is hereby authorized to administer and enforce the provisions of this chapter. For the purpose of enforcing the same, the officers and employees of the department and the director shall have the right to enter and inspect at any time during business hours any building, structure or premises used as a slaughterhouse.

(Mont. Co. Code 1965, § 101-2; 1969 L.M.C., ch. 35, § 15; 1972 L.M.C., ch. 16, §§ 5, 13; 1980 L.M.C., ch. 38, § 1.)

46-3. Licenses-Requirements generally.

(a) No person shall operate a slaughterhouse in the county without a license therefor issued by the department. Each license shall be valid for the period of one (1) year from the date of issuance and may be renewed for a like period. The license fee shall be fifty dollars ($50.00) per year, such fee being intended to cover the cost of administration and enforcement of this chapter.

(b) No slaughterhouse license shall be issued or renewed hereunder in violation of the provisions of chapter 59 of this Code. Nor shall any such license be issued or renewed unless all buildings and pens used and to be used in connection with the slaughterhouse are set back a minimum of sixty (60) feet from the nearest property line and a minimum of sixty (60) feet from any public road; provided, that this restriction shall not apply to slaughterhouses in operation on November 25, 1954. Nor shall any such license be issued or renewed unless and until the department shall have received a certificate, signed by the director, stating that the slaughterhouse is in compliance with the health standards and regulations hereinafter set forth; except, that establishments in existence on November 25, 1954, are only required to substantially comply with sections 46-8 and 46-9, but such establishments shall fully comply with all other provisions of this chapter. No slaughterhouse which is in contravention of the requirements of this chapter shall be reestablished except in compliance with this chapter, if it is abandoned or if it is destroyed or seriously damaged by fire, flood or similar cause. A slaughterhouse shall be deemed to be "abandoned" if it shall cease operations for a period of eight (8) months or more, and a slaughterhouse shall be deemed to be "seriously damaged" if the value of its buildings is diminished by fifty (50) percent or more.

(Mont. Co. Code 1965, § 101-3; 1972 L.M.C., ch. 16, § 13; 1980 L.M.C., ch. 38, § 1.)
 Editor’s note-Section 46-3 [formerly §101-3] is cited in Marathon Builders, Inc. v. Polinger, 263 Md. 410, 283 A.2d 617 (1971).

46-4. Same-Denial and revocation.

If a certificate of compliance from the director required by section 46-3 is not filed with the director or if it is revoked or canceled, a certificate previously issued or if the director finds that a particular slaughterhouse is not or is no longer in compliance with the provisions of this chapter, then the director shall refuse to issue a license to such slaughterhouse or shall refuse to renew the same or shall revoke the same, as the case may be; provided, that the director shall first give the applicant or licensee an opportunity for hearing upon not less than ten (10) days' notice, at which the applicant or licensee shall have the opportunity to show cause why his application or license should not be denied, canceled or revoked. If the applicant or licensee shall fail to appear at the time and lace set for the hearing, the director shall refuse to issue or renew the license or shall revoke the same, as the case may be. All action taken by the director pursuant to this section shall be by written notice sent by registered mail to the applicant or licensee at his last-known address as the same appears in the records of the director.

(Mont. Co. Code 1965, § 101-4; 1972 L.M.C., ch. 16, § 13; 1980 L.M.C., ch. 38, § 1.)

46-5. Inspections; procedure upon noncompliance with health standards and regulations.

(a) The director shall inspect each licensed slaughterhouse in the county as often as he deems necessary; provided, that the director shall also make inspections upon the written request of an applicant for a license.

(b) If the slaughterhouse is one for which there is a certificate of compliance outstanding and the director finds that it is no longer in compliance with the health standards and regulations, he shall give written notice by registered mail of such noncompliance and allow the operators of such slaughterhouse a reasonable time, which is his discretion he believes sufficient, to take the necessary corrective measures. Upon failure to comply with such notice, the director shall cancel such certificate.

(Mont. Co. Code 1965, § 101-5; 1972 L.M.C., ch. 16, § 13; 1980 L.M.C., ch. 38, § 1.)

46-6. Appeals from action of director.

Any person aggrieved by the action of the director taken under section 46-5 may appeal to the county board of appeals. Such appeal may be taken by filing a written request with the county board of appeals within thirty (30) days after posting of notice of the director's action. Within thirty (30) days thereafter, the county board of appeals shall hold a hearing thereon and shall give due notice of such hearing to interested parties. As soon thereafter as practicable, the county board of appeals shall either affirm, rescind or modify the action of the director. All actions, decisions and determinations of the director or the county board of appeals shall be made and taken only in accordance with the provisions of this chapter and other applicable laws, ordinances and regulations.

(Mont. Co. Code 1965, § 101-6; 1972 L.M.C., ch. 16, § 13; 1980 L.M.C., ch. 38, § 1.)

46-7. Penalty for violations of chapter; injunctive, etc., relief.

Any person who violates any provision of this chapter shall be subject to punishment for a class A violation as set forth in section 1-19 of chapter 1 of the County Code. Each day of violation shall be deemed a separate offense.

(Mont. Co. Code 1965, § 101-7; 1983 L.M.C., ch. 22, § 51.)

Article II. Health Standards and Regulations.

46-8. Construction requirements for buildings generally.

All slaughterhouses shall be located on a well-drained site. All pens, coops and hutches shall be well drained so as to prevent standing pools of water. All floor areas shall be constructed of or covered with smooth concrete, tile or other impervious material and the floor material shall extend up to at least six (6) inches onto the walls. All floors shall be sloped to drain effectively. All walls and ceilings shall be covered with smooth, washable, nonabsorbent material, free from cracks, crevices and open joints.

(Mont. Co. Code 1965, § 101-8.)

46-9. Room conditions and facilities.

Rooms in slaughterhouses for killing and dressing shall be separated by partitions from other parts of the building. Every room, except refrigeration and cold storage rooms, shall have adequate hand-washing facilities. All rooms shall be well ventilated and shall be kept free from excessive odors and condensation. All rooms shall be lighted so as to provide adequate illumination at all working surfaces. All killing rooms shall have available hot and cold water under pressure.

(Mont. Co. Code 1965, § 101-9.)

46-10. Refrigeration.

Every slaughterhouse shall be provided with chilling and cold storage facilities of such capacity so that no meat will be required to be held without refrigeration for a longer period than four (4) hours. Refrigeration equipment shall be of such capacity as to maintain a uniform temperature no higher than forty-five (45) degrees Fahrenheit. All refrigeration chambers shall be provided with an indicating thermometer, and if products are kept over forty-eight (48) hours, a recording thermometer shall be provided. Charts from such recording thermometers shall be retained for six (6) months. There shall be no floor drains in refrigeration chambers.

(Mont. Co. Code 1965, § 101-10.)

46-11. Pest control.
 
All new buildings in which slaughterhouses are located shall be of rat-proof construction, and all buildings existing on November 25, 1954 shall be rat-proof insofar as practicable. All windows and doors shall be effectively screened or otherwise protected against the entrance of flies and other insects.

(Mont. Co. Code 1965, § 101-11.)
Cross reference-Rat control, ch. 39.

46-12. Water and sewage.

Slaughterhouses shall be required to comply with applicable laws and regulations with respect to water and sewage. Blood shall be diverted from the sewer system.

(Mont. Co. Code 1965, § 101-12.)

46-13. Equipment and utensils.

Equipment and utensils used for preparing, processing and otherwise handling any meat or meat products in slaughterhouses shall be of such material and of such construction as can be readily and thoroughly cleaned. All utensils and equipment used in the slaughtering, preparing, processing or packing of meat and meat products shall be thoroughly cleaned and shall be treated with an approved bactericidal process daily.

(Mont. Co. Code 1965, § 101-13.)

46-14. Sanitary requirements for employees.

Aprons, smocks and other outer clothing worn by persons who handle any meat or meat products in slaughterhouses shall be of a material that is readily cleaned, and only clean garments shall be worn. No person who has an infected wound or who has any communicable disease shall handle any meat or meat product. Every person connected with a slaughtering establishment shall furnish such information, permit such physical examination or X-rays and submit such laboratory specimens as the health officer may require for the purpose of determining freedom from infections.

(Mont. Co. Code 1965, § 101-14.)

46-15. Waste disposal containers.

There shall be available sufficient watertight, nonabsorbent and insect- and rodent-proof containers equipped with tight covers to store blood, offal and nonedible portions of the slaughtered poultry and animals. The containers shall be stored high enough above the ground or floor to permit cleaning under such containers, and their contents shall be transported to a rendering plant or buried daily. The containers shall be washed and rinsed after emptying.

(Mont. Co. Code 1965, § 101-15.)

46-16. Removal of sweepings and absorbent compounds; cleaning of holding pens, coops and hutches; manure removal.
 
Sweepings and absorbent compounds shall be removed from the floor of slaughterhouses daily when in use. All holding pens, coops and hutches shall be cleaned daily when in use and manure stored in a watertight and flytight container or spread on fields. All manure shall be removed at least every four (4) days.

(Mont. Co. Code 1965, § 101-16.)

46-17. Rooms to be kept free from flies, roaches, rodents, etc.; restrictions on use of poisons.

The rooms of the slaughterhouses shall be kept free of flies, roaches, rodents and other vermin. The use of poisons for any purpose in rooms or compartments where any unpacked meat or meat products are handled shall be permitted only under supervision of the director.

(Mont. Co. Code 1965, § 101-17; 1972 L.M.C., ch. 16, § 13; 1980 L.M.C., ch. 38, § 1.)

46-18. Diseased or emaciated animals.

No visibly diseased or unduly emaciated animal shall be slaughtered in any slaughterhouse where animals are slaughtered, processed, cured, smoked or rendered for human consumption. If the director of the department of health believes an animal to be diseased or unduly emaciated, he may order the animal to be withheld from slaughtering until the licensee submits a written report signed by a licensed veterinarian to the director of the department of health stating that the animal is fit for human consumption.

(Mont. Co. Code 1965, § 101-18; 1972 L.M.C., ch. 16, § 13; 1980 L.M.C., ch. 38, § 1.)

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