§ 91.48  EXAMINATION AND CONDEMNATION OF FOOD AND EQUIPMENT.
   Food may be examined and/or sampled by the Health Authority as often as it deems necessary for enforcement of this chapter.
   (A)   The Health Authority may place a hold order on any food item which it determines or has probable cause to believe:
      (1)   Originates from an unapproved source;
      (2)   Is adulterated, misbranded, or is not wholesome or not honestly presented;
      (3)   Is not labeled according to law, or, if the food is raw molluscan shellfish, is not tagged or labeled according to law; or
      (4)   Is otherwise not in compliance with this chapter.
   (B)   Placing a hold order for food.
      (1)   Food subject to a hold order shall be identified by the common name, the label information, a container description, the quantity, the Health Authority's information, and a location.
      (2)   Food shall be allowed to be suitably stored. If storage is not possible without risk to the public health, then the Health Authority shall require the denaturing or destruction of the food.
      (3)   It shall be unlawful for any person to remove or alter a hold order, notice, or tag placed on food or food container by the Health Authority.
      (4)   It shall be unlawful for any person to sell, give or donate, use (re-label, repack, reprocess, alter), denature, dispose, destroy, or remove food that is the subject of a hold order from the food establishment without the written release of the Health Authority, except on order by a court of competent jurisdiction.
   (C)   Removing a hold order for food.
      (1)   A permit holder or person in charge may dispose of or destroy the food subject to a hold order in presence of the Health Authority. Such disposal or destruction will be documented.
      (2)   The permit holder or person in charge has the right to a hearing regarding the hold order and may request a hearing with the Health Authority by submitting a written request within seven calendar days of the hold order being issued. The hearing process is described in § 91.25.
      (3)   After the permit holder or person in charge has had a hearing and on the basis of evidence produced at such hearing, the Health Authority may vacate the hold order if evidence is clear and convincing that no danger to the public will ensue if the hold order is vacated.
      (4)   In the event that a written request for a hearing is not received within seven calendar days of the hold order being issued, the Health Authority may direct the permit holder or person in charge to bring the food into compliance with the provisions of this chapter or order the food to be denatured or destroyed.
   (D)   Placing a hold order for equipment. The Health Authority may place a hold order on equipment which it determines or has probable cause to believe:
      (1)   Is constructed from unsafe materials;
      (2)   Is found in a state of disrepair so that it is not easily cleanable, is unsuitable for use, or is in an unsanitary condition; or
      (3)   Is found to be unable to perform as intended.
   (E)   The Health Authority shall tag, label, or otherwise identify any equipment subject to the hold order. The permit holder or person in charge shall take the equipment out of use until written permission is obtained from the Health Authority. It shall be unlawful for any person to move or alter a hold order notice or tag placed on equipment by the Health Authority.
   (F)   Removing a hold order for equipment. The permit holder or person in charge has the same rights and responsibilities as for food in "removing a hold order for food."
(Ord. O-132-11-18, passed 11-8-2018)