The department of business affairs and consumer protection may, upon written notice to the licensee or employee thereof, place a "Held for Inspection" order on any food which it determines or has probable cause to believe to be unwholesome or otherwise adulterated or misbranded. At the request of the licensee, foods so held for inspection shall be permitted to be suitably stored pending analysis reports or voluntarily denatured and disposed of under department of business affairs and consumer protection supervision. It shall be unlawful for any person to remove the tag placed on the food by the department of business affairs and consumer protection, nor shall such food containers be removed from the pushcart or destroyed without permission of the department of business affairs and consumer protection except on order of a court of competent jurisdiction. The department of business affairs and consumer protection may vacate the "Held for Inspection" order or may by written order direct the owner or person in charge of the food to denature or destroy such food or to bring it in compliance with the provisions of this chapter, or dispose of it for nonhuman use as may be approved by the department of business affairs and consumer protection. Provided, however, that such an order of the department of business affairs and consumer protection to denature or destroy such food shall be stayed, if the order is appealed to a court of competent jurisdiction within three days. Nothing in this section shall preclude any court action based upon the finding of unwholesome or adulterated foods.
(Added Coun. J. 12-9-92, p. 25465; Amend Coun. J. 11-19-08, p. 47220, Art. V, § 5)