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The regulatory may examine or sample food as often as may be necessary to determine whether it is free from adulteration. The regulatory authority may, upon written notice to the permit holder or designated agent of any food service establishment, place a hold order on any food which the regulatory authority determines or has probable cause to believe to be unwholesome or otherwise adulterated. Under a hold order the permit holder shall suitably store food subject to the hold order. It shall be unlawful for any person(s) to move or alter a hold order notice placed on food by the regulatory authority. Neither such food nor the containers thereof shall be used, served, relabeled, repackaged, reprocessed, altered, disposed of, or destroyed without permission of the regulatory authority, except by order of a court of competent jurisdiction. On the basis of evidence produced at any hearing, or on the basis of examination in the event that no written request for hearing has been received within ten days of the notice placing a hold order, the regulatory authority may vacate the hold order or may, by written order, direct the permit holder to denature or destroy such food or bring it into compliance with the provisions of this chapter. Such order of denaturing, destroying, or bringing into compliance shall remain if the permit holder appeals the order to such a court of competent jurisdiction within three days.
(Ord. passed 6-18-2009; Am. Ord. passed 5-30-2018) Penalty, see § 111.999