[HISTORY: Adopted by the Mayor and Council of the City of Hoboken 1-7-1959. Amendments noted where applicable.]
Health/Sanitary Code — See Ch. 115.
Editor's Note: The provisions of this chapter are derived from Sections 11.06 and 11.07 of Ch. 11 of the former Revised Ordinances of the City of Hoboken, New Jersey, adopted 1-7-1959 by Ord. No. 123.
No person shall sell or offer or expose for sale or aid in the selling or offering or exposing for sale of any horse flesh or of provisions of food for human consumption containing horse flesh and other animal flesh unless every piece or package or parcel thereof has conspicuously attached thereto a label, not less than three inches wide and four inches long, on which is printed or stamped, in letters not less than one inch in height, the words "horse flesh."
No person shall distribute, transport or have in his possession, intended as food for human consumption, any meat or meat product or provisions containing any meat or meat product to which any sodium sulphite, sodium bisulphite or any drug, chemical, chemical compound or preservative from which sulphur dioxide can be liberated has been added thereto or mixed therewith.
No horse flesh shall be sold or offered or exposed for sale or be in the possession of any person for the purpose of sale or offering for sale unless it has been inspected and slaughtered under United States government regulations and regulations prescribed by legislative enactments of the State of New Jersey and/or by the Department of Health of the State of New Jersey and/or by its Director of Health.
Horse flesh sold for human consumption shall not be ground together with flesh of food animals except upon request and in the presence of a purchaser thereof, and it shall be ground in a machine specially utilized for grinding horse flesh and so plainly labeled and, when so ground, shall be tagged or labeled as containing horse flesh.
In any butcher shop or business establishment where horse flesh or other animal flesh is sold or offered or exposed for sale, the horse flesh shall be hung or racked on one side of a refrigerator or icebox, and no other animal flesh shall be hung or racked on the same side of such refrigerator or icebox on which horse flesh is hung or racked.
All tags, labels, stamps or brands placed upon or affixed to horse flesh hung or racked in any refrigerator or icebox in a butcher shop or other business establishment of any kind where horse flesh is kept for sale as food for human consumption shall be plainly visible to any Health Officer or other person connected with the State of New Jersey Department of Health or to the Health Officer or other representative of the Board of Health of the City of Hoboken entering such refrigerator or icebox at any time for the purpose of inspecting the contents thereof.
No provision manufacturer shall, within the City of Hoboken, use horse flesh mixed with the flesh of other animals slaughtered and intended for use as food for human consumption in the manufacture of the product of such manufacturer without a permit therefor issued by the Board of Health of the City of Hoboken or by the Health Officer of the Board, and every such manufacturer whose product is made of horse flesh, in whole or in part, shall tag, stamp or brand every article of such product as containing horse flesh.
No person shall, as a distributor or dealer in any of the articles mentioned in this chapter, engage in business within the City of Hoboken for the purpose of selling or offering or exposing for sale any products such as mentioned hereinabove, intended for use as food for human consumption, without a permit therefor issued by the Board of Health of the City of Hoboken or the Health Officer of the Board. Application for such permit shall be upon blanks furnished by the Clerk of the Board of Health and upon payment of a permit fee of $5. The permit, when issued, shall be conspicuously displayed to public view on the premises for which such permit is issued in such manner as to be clearly readable by patrons of the permittee.
Any person engaged within the City of Hoboken in the conduct of a restaurant or other eating place catering to public patronage shall not serve as food for human consumption to patrons thereof horse flesh or any article of food containing horse flesh without affixing thereto when served a label on which shall be clearly printed the words "this is horse flesh" or "this contains horse flesh," as the case may be.
No horse flesh or article or product containing horse flesh shall be sold or offered or exposed for sale in any butcher shop, delicatessen shop, hotel, restaurant or other business establishment to be consumed upon any such premises or to be carried or delivered therefrom as an article of food for human consumption unless such is tagged, labeled, stamped or branded with clearly legible lettering manifesting that such, in whole or in part, as the case may be, contained horse flesh.
No person shall erase, cancel, obliterate, deface, cover, remove or alter any tag, label, stamp or brand required by any provision of this chapter to be attached or affixed to any article hereinabove mentioned.
[Amended 11-4-1987 by Ord. No. V-140]
Any person violating any provision of this chapter shall, upon conviction thereof before the Municipal Court be subject to a fine in any sum not exceeding $1,000 or to imprisonment for a period not exceeding 90 days, or both.