Food may be examined or sampled by the Health Department as often as necessary for enforcement of this subchapter. The Health Department may, upon written notice to the applicant or person in charge, specifying with the particular reasons therefor, place a hold order on any food which it believes is adulterated or mis-branded in accordance with the provisions of Tex. Health and Safety Code §§ 431.001 through 438.001 and all rules and regulations promulgated thereunder. The Health Department shall tag, label or otherwise identify any food subject to the hold order. No food subject to a hold order shall be used, served or moved from the establishment. The Health Department shall permit storage of food under conditions specified in the hold order, unless storage is not possible without risk to public health, in which case immediate destruction shall be ordered and accomplished. The hold order shall state that a request for hearing may be filed within five days and that if no hearing is requested the food shall be destroyed. A hearing shall be held if so requested, and on the basis of the evidence produced at the hearing the hold order may be vacated, or the applicant or person in charge of the food may be directed by written order to denature or destroy the food or to bring it into compliance with the provisions of the state rules on food service sanitation and the state rules on retail food store sanitation.
(Ord. 590, passed 2-9-1999)