75-33-7 - Licenses; fees; applications; issuance; posting; agreements with federal authorities as to poultry inspection.
§ 75-33-7. Licenses; fees; applications; issuance; posting; agreements with federal authorities as to poultry inspection.
(1) It shall be the duty of every person operating an establishment as defined in Section 75-33-3, except retail dealers, restaurants or eating places and establishments operating under the U.S. Department of Agriculture system of inspection, to apply to the commissioner for a license to operate such establishment before July 1, 1960, and annually thereafter before July of each succeeding year, and pay to the commissioner at the time said application for registration and license is filed, a fee of ten dollars ($10.00) for each establishment operated, and a like fee of ten dollars ($10.00) for the renewal thereof.
The fees for the issuance of the license and the renewals thereof, together with such other fees and charges authorized by this article, shall be kept by the commissioner in a separate fund to be used to defray the expenses of the enforcement of this article. A strict accounting shall be made of all funds received and disbursed.
(2) The application for a license shall be made on a form to be supplied by the commissioner, and shall show the location of each establishment and the name and address of the owner, and the name and address of the lessor or lessee. The application shall have attached thereto the affidavit of the person applying for the license that the facts set forth are true and correct.
(3) Upon approval of application for license and payment of license fee, and upon approval of sanitary conditions in the establishment, and every place used in connection therewith, the commissioner shall issue to each applicant a license which shall expire on June 30 of each year, and which shall authorize the operation of said establishment for the fiscal year, or portion thereof, for which a license is issued.
(4) Such license shall be posted in a conspicuous place in or at the place of business of such licensee, and exposed for inspection by any person or persons who may be properly authorized to make such examination.
(5) From and after the first day of July 1960, it shall be unlawful for any person to operate an establishment unless said establishment is duly licensed and inspected in accordance with the provisions of this article.
The commissioner of agriculture and commerce shall develop and administer a poultry inspection program which shall require mandatory poultry product inspection that imposes antemortem and postmortem inspection, reinspection and sanitation requirements that are at least equal to those under the federal Poultry Products Inspection Act of 1968 [21 USCS §§ 451 et seq.], and the regulations thereunder with respect to all or certain classes of persons engaged in slaughtering poultry or processing poultry products for use as human food solely for distribution with this state.
Any existing provision of law in regard to fees, mandatory requirements, other options, or inspection administration in conflict herewith, shall not affect the foregoing mandatory inspection provision.
Provided, further, that the commissioner of agriculture and commerce shall be authorized to enter into a cooperative agreement with the U. S. Department of Agriculture for compliance with the Poultry Products Inspection Act of 1968 and amendments thereto [21 USCS §§ 451 et seq.], for the purpose of financing and enforcing a mandatory antemortem and postmortem inspection, reinspection and sanitation requirements that are at least equal to those under the within cited federal act with respect to all or certain persons engaged in slaughtering poultry or processing poultry products in this state for use as human food solely for distribution within this state. The commissioner is further empowered to make inspection of other poultry slaughtering and processing facilities when he deems same necessary to the proper sanitation and distribution of such products solely within this state.
Sources: Codes, 1942, § 4575-04; Laws, 1960, ch. 141, § 4; Laws, 1968, ch. 237, § 1; Laws, 1970, ch. 255, § 6; Laws, 1971, ch. 407, § 1; Laws, 1972, ch. 477, § 2, eff from and after 30 days after passage (approved May 9, 1972).