(a) Examination of food. Food may be examined or sampled by the regulatory authority as often as necessary for the enforcement of this article, including without limitation, in conjunction with an inspection conducted under the authority of this article.
(b) Issuance of detention order. The regulatory authority may place a detention order on any food which the regulatory authority believes is in violation of any provision of this article. The detention order is effective upon the service of written notice to the permit holder for the food establishment at which the food is located or to the person in charge of the food.
(c) Notice. The written notice of a detention order must specify the reasons for the detention order. The notice must also state that a request for hearing may be filed within ten days and that if no hearing is requested, the food shall be destroyed. The regulatory authority shall tag, label or otherwise identify any food subject to the detention order. The tag, label, or other identification placed on the food by the regulatory authority must not be removed until and unless the detention order is lifted or vacated or the food is destroyed as directed by the regulatory authority.
(d) Effect of detention order. No food subject to a detention order shall be used, served or removed from the food establishment unless the regulatory authority gives permission to destroy the food and the food is destroyed as directed by the regulatory authority. The regulatory authority shall permit storage of the food under conditions specified in the detention order, unless storage is not possible without risk to the public health, in which case immediate destruction shall be ordered and accomplished.
(e) Hearing. A hearing shall be held if the hearing is requested within ten days from the date on which the required notice of the detention order is served. On the basis of evidence produced at the hearing, the detention order may be vacated or the permit holder or person in charge of the food may be directed by written order to denature or destroy such food or to bring it into compliance with the provisions of this chapter.
(Ord. No. 3051, § 3, 8-9-01)