(A) (1) It shall be unlawful for any person to sell or distribute through a food service any food which is unwholesome, adulterated, misbranded, obtained from an unapproved source or otherwise prohibited as provided in the Uniform Food, Drug and Cosmetic Act, I.C. 16-42-1 through 16-42-2.
(2) (a) Food may be examined or sampled by the Health Officer for the purpose of determining compliance with this chapter.
(b) The Health Officer may place a hold order on any food which he or she has probable cause to believe is a violation of any section of this chapter and may pose a health hazard to the public, provided:
1. A written notice of hold order is issued to the licensee of the food service or to the person in charge; and
2. The notice specifies in detail the reason(s) for the hold order. The Health Officer shall tag, label or otherwise identify any food subject to the hold order. No food subject to a hold order shall be used, sold, moved from the food service or destroyed without permission from the Health Officer.
(B) The written notice of hold order shall state that a written request for hearing may be filed with the Health Officer within ten days. If a request for hearing is received, the hearing shall be held within 20 days after receipt of the request. On the basis of evidence produced at the hearing, the hold order may be vacated or the licensee may be directed by written order to denature or destroy the food. If the food is to be denatured or destroyed, this action shall be taken under supervision of the Health Officer.
(Prior Code, § 16-42-5-24) (Ord. 102, passed 6-18-1973, 29 COM REC 422–423; Ord. 91-303, passed 4-1-1991, 91 COM REC 302–318; Ord. 2000-762, passed 11-20-2000, 2000 COM REC 761–780; Ord. 2005-322, passed 6-20-2005, 2005 COM REC 320–341) Penalty, see § 112.99