Full Ordinance Name:  City of Portsmouth, New Hampshire, Code of Ordinances §§ 4.101 - 4.507

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Primary Citation:  City of Portsmouth, New Hampshire, Code of Ordinances §§ 4.101 - 4.507 Jurisdiction Level:  New Hampshire Last Checked (local ordinances are no longer checked and are kept only for archival and example purposes):  September, 2013
Summary:

These Portsmouth, New Hampshire ordinances provide licensing, inspection, and penalty provisions for milk, slaughterhouses, butchers and restaurants.

Article I Milk

Section 4.101: MILK LAW ADOPTED
Section 4.102:   MILK INSPECTIONS

Article II Meat Inspections

Section 4.201: PENALTY - UNINSPECTED MEAT OR MEAT PRODUCTS 
 

Article III Slaughter Houses

Section 4.301: LICENSE REQUIRED
Section 4.302: APPLICATIONS
Section 4.303 : LOCATION
Section 4.304: REQUIREMENTS
Section 4.305: INSPECTION
Section 4.306: UNSOUND MEATS
Section 4.307: LICENSEE
Section 4.308: WEIGHT OF SLAUGHTERED CALVES 
Section 4.309: TIME OF SLAUGHTERING
Section 4.310: PENALTY - FAILURE TO LICENSE
Section 4.311: PENALTY - VIOLATIONS BY LICENSEE

Article IV Butchers

Section 4.401: LICENSE
Section 4.402: AGE
Section 4.403: APPLICATIONS
Section 4.404: INSPECTIONS
Section 4.405: REVOCATION OF LICENSE
Section 4.406: PENALTY - KEEPING UNFIT MEAT, FISH OR POULTRY

Article V Common Victuallers

Section 4.501: LICENSE
Section 4.502: APPLICATION
Section 4.503: TERM OF LICENSE
Section 4.504: SANITARY REQUIREMENTS
Section 4.505: PERSONNEL
Section 4.506: INSPECTION - SUSPENSION AND REVOCATION OF LICENSES
Section 4.507: PENALTY - FAILURE TO LICENSE 


Article I: Milk

Section 4.101: MILK LAW ADOPTED

The provisions of Sections l, 2, 4, 5, 6, 7, 8 and 9 of Chapter 184 of the N.H. RSA relating to the inspection of milk are hereby adopted and declared to be in force in the City.

Section 4.102: MILK INSPECTIONS

The Health Officer shall be in charge of the inspection of milk, skim milk and cream and shall report to the City Council the violation of any laws relating hereto.

Article II: MEAT INSPECTION

Section 4.201: PENALTY - UNINSPECTED MEAT OR MEAT PRODUCTS

Any person, firm or corporation selling or offering for sale for human consumption, any meats or meat products not guaranteed by Federal or State of N.H. inspection, or the inspection of an inspector duly authorized by any city or town within the State of N.H., which have not been inspected and approved by the Meat Inspector shall be fined not less than ten ($10) dollars and not more than one hundred ($100) dollars for each offense.

ARTICLE III: SLAUGHTER HOUSES

Section 4.301: LICENSE REQUIRED

The slaughtering, dressing or killing of cattle, swine, goats or sheep except for private use is prohibited within the City of Portsmouth, except in slaughter houses licensed by the Department of Health of said City in accordance with the provisions of this Ordinance.

Section 4.302: APPLICATIONS

Applications for such licenses shall be made to the Department of Health. Licenses under the provisions of this Ordinance shall be issued by the Department of Health and may be revoked by said Department for cause after hearing.

Section 4.303: LOCATION

No slaughter house shall be licensed by the Department of Health in said City, unless it shall be located outside the compact part of the City, and in no case within four hundred feet of any dwelling house or within fifty feet of any dairy barn.

Section 4.304: REQUIREMENTS

Every slaughter house shall be furnished with a sufficient supply of pure water and suitable drainage shall be provided. The floors shall be paved with asphalt, cement or other impervious matter in which no leaks shall be permitted to exist, shall be washed at least once a week with hot water, and shall be disinfected, from time to time in such a manner as said Department of Health shall direct. No blood, manure, offal, or other refuse shall be allowed to accumulate in or around any slaughter house, where the same might or does become offensive and a menace to health.

Section 4.305: INSPECTION

All slaughter houses shall be open to inspection at all times by the Meat Inspector or other officer of the Department of Health, and any orders or instructions issued by said Department regarding the same must be obeyed promptly by the owner of said slaughter house or the person in charge thereof.

Section 4.306: UNSOUND MEATS

No person or persons licensed to maintain a slaughter house in said City of Portsmouth shall have, keep or offer for sale, in said slaughter house, or permit to be had, kept or offered for sale in said slaughter house, any putrid or unsound meat, hides or skins.

Section 4.307: LICENSEE

In order to obtain a license to maintain a slaughter house in said City, the person or person applying for such license must be citizens of the United States, over twenty one years of age, never having been convicted of any crime, and must have been a resident of said Portsmouth for at least one year preceding the first day of April last preceding the date of their application of such license. No license issued by said Department of Health under the provisions of this Ordinance shall be valid unless signed by the Health Officer and countersigned by the Meat Inspector.

Section 4.308: WEIGHT OF SLAUGHTERED CALVES

No person shall kill, or cause to be killed, for the purpose of sale, a calf less than four weeks old and of a net dressed weight of less than forty pounds not including the head and feet, or shall knowingly sell, or have in possession with intent to sell for food, the meat of any such calf.

Section 4.309: TIME OF SLAUGHTERING

All slaughtering shall be done between the hours of 8:00 a.m. and 5:00 p.m. on weekdays, except by special permit of the Meat Inspector and no animal shall be killed for human consumption until it has been inspected by the Meat Inspector and found to be suitable.

Section 4.310: PENALTY - FAILURE TO LICENSE

Any person, firm or corporation, who maintains a slaughterhouse in the City of Portsmouth without being licensed as herein provided, shall be fined not more than one hundred ($100) dollars each day the slaughter house is so maintained.

Section 4.311: PENALTY - VIOLATIONS BY LICENSEE

If any licensee shall violate any of the provisions of this Ordinance relative to slaughterhouses, he shall upon conviction be fined not exceeding one hundred dollars ($100) and his license shall be revoked.

ARTICLE IV: BUTCHERS

Section 4.401: LICENSE

No person, firm or corporation shall carry on a store or place of business for the sale of meat, fish or poultry at wholesale or retail within the City of Portsmouth without first having obtained a license to do so from the Department of Health of the City.

Section 4.402: AGE

No person shall be eligible to receive a butcher's license unless he is over twenty-one (2l) years of age.

Section 4.403: APPLICATIONS

The applications for such license shall be made to the Department of Health, and shall contain the name, the place of business of the applicant and the business to be carried on by him. Licenses shall be granted by the Department of Health, if it appears that the applicant has the qualifications required by Section 4:402 of this Ordinance, and may be revoked by said Department for cause after hearing.

Section 4.404: INSPECTIONS

It shall be the duty of the Meat Inspector to make regular inspections of the premises of all licensees, and he shall report all violations of this Ordinance to the Health Officer and shall seize, condemn and destroy all meats, fish or poultry offered for sale therein that he finds to be unfit or unsuitable for human consumption.

Section 4.405: REVOCATION OF LICENSE

If any licensee shall be convicted twice within one year under the provisions of Section 4:406 of this Ordinance, the Department of Health shall immediately revoke his license and he shall be ineligible to receive any such license for a period of three (3) years from the date of revocations.

Section 4.406: PENALTY - KEEPING UNFIT MEAT, FISH OR POULTRY

If any licensee shall keep for sale or sell any meat, fish or poultry that is not suitable for human consumption, he shall be fined not exceeding one hundred ($100) dollars.

ARTICLE V: COMMON VICTUALLERS

Section 4.501 LICENSE

No person or persons shall carry on and operate a restaurant or public eating house within the City of Portsmouth without first having obtained a common victualler's license from the Department of Health of said City.

Section 4.502: APPLICATION

The application shall state the name of the applicant, the place where his business is to be carried on. Upon filing of such application, the Sanitary Inspector shall at once examine the applicant's premises to see if they are in a clean and sanitary condition and well-lighted; and if his findings be favorable, the Department shall grant the license subject to the provisions of the laws of the State, the regulations of the State Board of Health, and the Ordinances of the City pertaining hereto.

Section 4.503: TERM OF LICENSE

Such license shall be granted for one year from the first day of July next preceding the date of application; and may be renewed from time to time by said Department. No person shall be refused a common victualler's license except upon an unfavorable report by the Sanitary Inspector as to the sanitary condition of his premises, unless otherwise herein provided.

Section 4.504: SANITARY REQUIREMENTS

Every holder of a common victualler's license shall keep his premises clean and well lighted, shall see to it that all refrigerators or other receptacles for food are kept clean, that the room where foods are prepared and cooked shall be kept clean and sanitary to the satisfaction of the
Sanitary Inspector; and that no meats, vegetables, or other food shall be prepared or served therein except such as are clean and sanitary for human consumption. No person who has active syphilis or gonorrhea shall be employed by any holder of a common victualler's license in the preparation or cooking of food.

Section 4.505: PERSONNEL

All personnel of restaurants, grill rooms, soda fountains, hotel dining rooms, and other public dining places shall file a health certificate with the Department of Health once every year.

Section 4.506: INSPECTION - SUSPENSION AND REVOCATION OF LICENSES

The Sanitary Inspector shall inspect the premises of all common victualler's weekly, and shall report any violations of the condition of the license to the Department of Health, and said Department shall thereupon suspend said license for a period not exceeding one week, and thereafter if a second violation shall be made by any licensee during the term of his license, he shall be ineligible to receive a common victualler's license for a period of three years.

Section 4.507: PENALTY - FAILURE TO LICENSE

No person or persons who shall carry on or operate a restaurant or public eating place with the City of Portsmouth without being licensed to do so as herein before provided, shall be fined not exceeding one hundred ($100) dollars for each day such violation continues.

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