(A) (1) Food may be examined or sampled by the Health Officer to determine freedom from adulteration or misbranding. The Health Officer may condemn or embargo (detain) equipment or food when he or she has probable cause to believe that any food or piece of equipment may be unwholesome or unfit for use.
(2) Such conditions include, but are not limited to:
(a) Food that has been adulterated;
(b) Food that has been misbranded;
(c) Any time/temperature control for safety food found to be in the optimal temperature range of 42 to 134°F without proper paperwork for the growth of pathogenic food borne bacteria;
(d) 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
(e) In the event that food is contaminated as a result of fire, flood, sewage backup, power outage or similar events.
(B) Condemned or embargoed food, food containers or equipment may be suitably stored by the permit 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 voluntarily destruction may be accomplished by the permit holder. If the permit holder refuses to voluntarily destroy the condemned food, food containers or equipment, same shall be held under embargo until they have been proved satisfactory for human consumption by a certified laboratory at the expense of the permit holder.
(C) No person shall remove or alter a 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 permit holder may make a written request for a hearing with the Health Officer before imposition of condemnation according to the procedures set out in §§ 55.65 and 55.66.
(1993 Code, § 55.20) (Ord. 2008-15, passed 11-19-2008; Ord. 2018-04, passed 12-1-2018)