(A) Examination of food. Food may be examined or sampled by the Health Officer for the purpose of determining compliance with this subchapter. The Health Officer may place a hold order on any food which it has reason to believe is in violation of any section of this subchapter and which may pose a health hazard to the public, provided:
(1) Written notice. A written notice is issued to the holder of the permit to operate the food service facility, or to the person in charge; and
(2) Hold order. A hold order is issued that specifies in detail the reason(s) for the hold order. The Health Officer shall tag, label, or otherwise identify any food subject to the hold order. No food subject to a hold order shall be used, sold, moved from the food service facility, or destroyed without permission from the Health Officer.
(B) Storage. The Health Officer shall permit storage of food under conditions specified in the hold order, unless storage is not possible without risk to the public health, in which case immediate destruction shall be ordered and accomplished.
(C) Hearing request. The hold order shall state that a written request for hearing may be filed with the Health Officer in accordance with §§ 176.15 through 176.17, and that if no hearing is requested, the food shall be destroyed. If a request for a hearing is received, the hearing shall be conducted in accordance with §§ 176.15 through 176.17. A fee in accordance with the current fee schedule adopted by the County Board as codified in § 178.01 shall be submitted with the hearing request. On the basis of evidence produced at that hearing, the hold order may be vacated or the holder of the permit to operate the food service facility, or the person in charge, may be directed by written order to denature or destroy the food or to bring it into compliance with the provisions of this subchapter. If food is to be denatured or destroyed, that action shall be taken under the supervision of the Health Officer.
(1977 Code, § 2:1-3) (Ord. [Bd of Health Ord., Art. III] passed 6-13-1995; Ord. 18-0950, passed 9-11-2018)