Food may be examined or sampled by the Health Officer as often as may be necessary to determine freedom from adulteration or misbranding. The Health Officer may, upon written notice to the owner or person in charge, place a hold order on any food which the Health Officer 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. It shall be unlawful for any person to remove or alter a hold order notice or tag placed on food by the Health Officer and neither such food, nor the containers thereof, shall be relabeled, repacked, reprocessed, altered, disposed of or destroyed without permission of the Health Officer, except on order by a court of competent jurisdiction. After the owner or person in charge has had a hearing, as provided for in the “Rules and Regulations Governing Food Service Sanitation”, as amended, and on the basis of evidence produced at such hearing, or on the basis of the Health Officer’s examination in the event a written request for a hearing is not received, within ten days, the Health Officer may vacate the old 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 such food, or bring it into compliance with the provisions of this subchapter.
(Prior Code, § 115.144) Penalty, see § 115.999