(A) Food.
(1) Food may be examined or sampled by the Regulatory Authority as often as necessary to determine freedom from adulteration or misbranding. The Regulatory Authority may, upon written notice to the owner or person in charge, place a hold order on any food which he or she determines, or has probable cause to believe, to be unwholesome or otherwise adulterated or misbranded.
(2) Under a hold order, food shall be permitted to be suitably stored. It shall be unlawful for any person to move or alter a hold order notice or tag placed on food by the Regulatory Authority. Neither such food nor the containers thereof shall be relabeled, repackaged or reprocessed, altered, disposed of or destroyed without permission of the Regulatory Authority, except on an order by a court of competent jurisdiction. After the owner or person in charge has had a hearing, as provided in § 112.03(I), and on the basis of evidence produced at such hearing, or on the basis of examination in the event of written request for a hearing is not received within ten days, the Regulatory Authority may vacate the hold order or may, by written order, direct the owner or person in charge of food which was placed under the hold order to denature or destroy such food or bring it into compliance with the provisions of this chapter. Such order shall be stayed if the order is appealed to a court of competent jurisdiction within three days.
(B) Equipment.
(1) Where equipment used in the preparation of food products is found to be in a state of disrepair, unsafe, unsuitable for use or insanitary, such equipment shall be taken out of use and a hold order placed on said items by the Regulatory Authority. Such equipment may not be put back into service until written permission is obtained from the Regulatory Authority.
(2) It shall be unlawful for any person to move or alter a hold order notice or tag placed on equipment by the Regulatory Authority. Such equipment will not be altered, disposed of or destroyed without permission of the Regulatory Authority except on an order in a court of competent jurisdiction.
(3) After the owner or person in charge has had a hearing, as provided in § 112.03(I), and on the basis of the evidence produced at such hearing, or on the basis of examination in the event of a written request for a hearing is not received within ten days, the Regulatory Authority may vacate the hold order or may, by written notice, direct the owner or person in charge of the equipment which was placed under the hold order to remove such equipment or bring it into compliance with the provisions of this chapter. Such order shall be stayed if the order is appealed to a court of competent jurisdiction within three days.
(Ord. 2013-07, passed 9-17-2013) Penalty, see § 112.99