7-42-020  “Held for inspection” procedures.
   (a)   Upon written notice to the owner, the Department of Health may place a “Held for Inspection” order on any food which the health authority determines or has probable cause to believe to be unwholesome or otherwise adulterated or misbranded. At the request of the owner, foods so held for inspection shall be permitted to be suitably stored pending analysis reports or voluntarily denatured and disposed of under Department of Health supervision.
   (b)   It shall be unlawful for any person to remove the “Held for Inspection” tag or seal placed on the food by the Department of Health, nor shall the containers of such food be removed from the premises or destroyed without permission of the Department of Health except on order of a court of competent jurisdiction. The Department may vacate a “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, bring it in compliance with the provisions of this Code and the rules of the Department of Health or dispose of it for nonhuman use as may be approved by the Department of Health. Any order of the Department of Health to denature or destroy food shall be stayed pending appeal if the order is appealed to a court of competent jurisdiction within three (3) calendar days. Nothing in this section shall preclude any court action based upon a finding of unwholesome or adulterated foods.
   (c)   Upon written notice to the owner, a “Held for Inspection” order may be placed by the Department of Health on any piece of equipment that is believed to be inoperable or that the Department has not approved for commercial use. “Held for Inspection” shall have the meaning ascribed to this term in the rules of the Department of Health.
(Added Coun. J. 6-10-96, p. 23652, Amend Coun. J. 3-10-99, p. 91043; Amend Coun. J. 12-13-17, p. 63286, § 5)