§ 91.23 SANITATION REQUIREMENTS FOR RETAIL FOOD STORES.
   (A)   All retail food stores shall comply with the minimum sanitation requirements specified by the State Board of Health, as now provided in applicable state rules, or as the same may hereafter be changed or amended. The regulation and any changes and amendments thereto which may be hereafter adopted or promulgated are by reference incorporated herein and made part hereof, two copies of which are on file in the office of the County Health Department for public inspection.
   (B)   It shall be unlawful for any person to sell through a retail food store any food which is unwholesome, adulterated, or misbranded. Samples of food may be taken and examined by the Health Officer as often as may be necessary to determine freedom from unwholesomeness, adulteration, or misbranding. The Health Officer may, on written notice to the owner or operator, impound and forbid the sale of any food which is unwholesome, adulterated or misbranded, or which he or she has probable cause to believe to be unwholesome, adulterated or misbranded. The Health Officer may cause to be removed or destroyed any food which in his or her opinion is unwholesome, adulterated or misbranded. However, in the case of misbranding which can be corrected by proper labeling, the food may be released to the operator for correct labeling under the supervision of the Health Officer.
(’86 Code, § 4-90.3) (Ord. 1995-12B, passed 12-11-95) Penalty, see § 10.99