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(A) The regulatory authority may examine and collect samples of food as often as necessary for the enforcement of this subchapter.
(B) The regulatory authority shall, upon written notice to the owner or person in charge specifying the reason, place any food under detention which it has probable cause to believe is adulterated, misbranded, or a hazard to public health. No food subject to a detention order shall be used, served or moved from the establishment. The regulatory authority shall allow storage of the detained food under conditions specified in the detention order, unless storage is not possible without risk to the public health, in which case immediate destruction shall be ordered and accomplished. The detention order shall state that a request for hearing may be filed within ten days and that if no hearing is requested the food shall be destroyed. A hearing shall be held if so requested and, on the basis of evidence produced at the hearing, the detention order may be vacated or the person in charge of the food may be directed by written order to destroy such food or to bring it into compliance with the provisions of this subchapter.
(C) Time temperature control for safety foods (TCS). Immediate destruction of TCS food shall be ordered and accomplished if:
(1) The TCS food is in a container or package that does not bear a date or day, and is not properly labeled to show evidence that the TCS food is less than seven days old; or
(2) The TCS food is at a temperature of greater than 5º Celsius (41º Fahrenheit) and less than a temperature of 57º Celsius (135º Fahrenheit); or
(3) When using time as a public health control, the TCS food exceeds the time that is four hours past the point in time when the food is removed from temperature control.
(Ord. 2019-2572, passed 5-13-19)