(A) Food may be examined or sampled by the Health Officer to determine freedom from adulteration or misbranding. The Health Officer may condemn or embargo (detain) equipment or food when he has probable cause to believe that any food or piece of equipment may be unwholesome, unfit for use, or an imminent health hazard exists. The Health Officer may issue an embargo (hold order) to a permit holder or a person who owns or controls the food without warning, notice of a hearing, or a hearing on the hold order, or such conditions include but are not limited to:
(1) Food that has been adulterated;
(2) Food that has been misbranded or originated from an unapproved source;
(3) Any TCS food found to be in the optimal temperature range for the growth of pathogenic foodborne bacteria as defined in the Illinois Department of Public Health Food Service Sanitation Code, 77 Ill. Adm. Code 750 and the most current version of the FDA Food Code adopted by Illinois;
(4) Where equipment used in the preparation of food products is found to be in a state of disrepair, unsafe, unsanitary or unsuitable for use in the preparation, display or service of food; and
(5) If food is contaminated because of fire, flood, sewage backup, power outage, or imminent health hazard.
(B) If operations are discontinued and the permit is suspended, the permit holder shall obtain approval from the Health Officer before resuming operations.
(C) Condemned or embargoed food, food containers or equipment may be suitably stored by the permit holder unless said storage would pose a risk to the public health. If a risk exists, immediate destruction shall be ordered by the Health Officer, or voluntary destruction may be accomplished by the permit holder. If the permit holder refuses to destroy the condemned food, food containers, or equipment, the same shall be held under embargo until they have been proved satisfactory for human consumption by a certified laboratory at the expense of the permit holder.
(D) No person shall remove or alter condemnation or embargo order, notice or tag placed on food, food containers or equipment by the Health Officer. Said food, food containers or equipment shall not be relabeled, replaced, reprocessed, repackaged, altered, disposed of, destroyed or placed back in service without the permission of the Health Officer, except on order by a court of competent authority. The permit holder may make a written request for a hearing with the Health Officer before imposition of condemnation according to the procedures set out in § 111.43.
(E) Hold order notice shall:
(1) State the food subject to the order may not be used, sold, moved from the food establishment, or destroyed without a written release of the order from the Health Officer;
(2) State the specific reasons for placing the food under the hold order with reference to the applicable provisions of the ordinance and the hazard or adverse effect created by the observed condition;
(3) Completely identify the food subject to the hold order by the common name, the label information, a container description, the quantity, Health Officer’s tag or identification information, and location;
(4) State the permit holder has the right to an appeal hearing and may request a hearing by submitting a timely request as specified under § 111.04;
(5) State the Health Officer may order the destruction of the food if a timely request for an appeal hearing is not received; and
(6) Provide the name and address of the Health Officer representative to whom a request for an appeal hearing may be made.
(Ord. 17-2, passed 2-14-2017; Res. passed 11-14-2023)