Food may be examined or sampled by the health authority as often as may be necessary to determine freedom from adulteration or misbranding. The health authority may, upon written notice to the owner, or person in charge of, the establishment, place a hold order on any food which he or she determines or has probable cause to believe to be unwholesome or otherwise adulterated or misbranded. Under a hold order, food shall be permitted to be suitably stored. No person shall remove or alter a hold order, notice or tag placed on good by the health authority, and neither the food nor the containers thereof shall be relabeled, repacked, reprocessed, altered, disposed of or destroyed without the permission of the health authority, except on order by a court of competent jurisdiction. After the owner or person in charge has had a hearing, as provided for in § 840.10(D), and on the basis of evidence produced at the hearing, or on the basis of his or her examination in the event a written request for a hearing is not received within ten days, the health authority may vacate the hold order or may, by written order, direct the owner or person in charge of the food which was placed under the hold order to denature or destroy the food or bring it into compliance with this chapter. The order shall be stayed if the order is appealed to a court of competent jurisdiction within three days.
(Ord. passed 10-23-1978)