(A) It shall be unlawful for any person to sell or distribute through a retail food establishment any food which is unwholesome, adulterated, misbranded, obtained from an unapproved source, or which is otherwise prohibited as provided in the state Food, Drug, and Cosmetic Act, I.C. 16-20-8-1 et seq.
(B) Food may be examined or sampled by the Health Officer for the purpose of determining compliance with this chapter.
(C) The Health Officer may prohibit the sale or distribution of any food which he or she may believe is in violation of any section of this chapter and which may pose a health hazard to the public, provided:
(1) A written notice is issued to the holder of the food service license or the person in charge; and
(2) The notice specifies in detail the reasons for the order.
(D) The Health Officer shall tag, label, or otherwise identify any food subject to the above order. No food subject to this order shall be used, sold, moved from the establishment, or be destroyed without permission from the Health Officer.
(E) The written notice of order shall state that a written request for hearing may be filed with the Health Officer within ten days. Based on evidence presented at the hearing, the order may be vacated or the holder of the food service license directed by written order to denature or destroy the food. If the food is to be denatured or destroyed, this action shall be taken under supervision of the Health Officer.
(Ord. 2000-15, passed 8-8-00) Penalty, see § 10.99