(A) Food may be examined or sampled by the Health Officer to determine freedom from adulteration or misbranding.
(B) The Health Officer may condemn or embargo (detain) equipment or food when he or she has probably cause to believe that any food or piece of equipment may be unwholesome or unfit for use.
(C) Such conditions include, but are not limited to:
(1) Food that has been adulterated;
(2) Food that has been misbranded;
(3) Any potentially hazardous food found to be in the optimal temperature range for the growth of pathogenic foodborne bacteria as defined in the State Food Service Sanitation Code;
(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) In the event that food is contaminated as a result of fire, flood, sewage backup, power outage or similar events.
(D) Condemned or embargoed food, food containers or equipment may be suitably stored by the license 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 license holder. If the license 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 license holder.
(E) 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 jurisdiction. The license 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.
(Ord. 17-2, passed 2-14-2017)