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A person denied a wholesale food warehouse permit, or a permittee whose permit has been suspended or revoked may appeal the denial, suspension or revocation in the manner set forth in Section 61.109 of this code.
(Added by Ord. No. 9525 (N.S.), effective 1-10-03; amended by Ord. No. 9858 (N.S.), effective 5-25-07; amended by Ord. No. 10927 (N.S.), effective 1-10-25)
The Director may impound any equipment or utensil in a wholesale food warehouse, which is unapproved, found to be insanitary, or in such disrepair that it may cause food to become contaminated or adulterated. The Director may place a tag on impounded equipment or utensils that shall be removed only by the Director.
(Added by Ord. No. 9525 (N.S.), effective 1-10-03; amended by Ord. No. 10927 (N.S.), effective 1-10-25)
The Director may embargo any food suspected of being adulterated, contaminated, or otherwise unfit for human consumption. The embargoed food shall be identified with a tag, detained, released or discarded.
(Added by Ord. No. 9525 (N.S.), effective 1-10-03; amended by Ord. No. 9662 (N.S.), effective 8-14-04; amended by Ord. No. 10927 (N.S.), effective 1-10-25)
The Director shall commence proceedings for the release of any food, equipment, or utensil that has been embargoed or impounded, or to seek administrative or legal remedy for its disposition, within 30 days of such action. It is unlawful for any person to make any disposition of embargoed food or impounded equipment or utensils other than that ordered by the Director.
(Added by Ord. No. 9525 (N.S.), effective 1-10-03; amended by Ord. No. 10927 (N.S.), effective 1-10-25)
Hearings regarding non-compliance with this chapter that the Director does not propose be resolved through a permit suspension or revocation shall be held in the following manner:
(a) Director requirement. The Director may require the owner, operator or manager of a wholesale food warehouse to attend an administrative hearing before a departmental hearing officer pursuant to Section 61.109 of this code, to discuss violations of this chapter, disposition of embargoed or impounded items, risks and risk reduction at the facility or other significant issue related to food facilities.
(b) Request of facility owner, operator or manager. The owner, operator or manager of a wholesale food warehouse may request an administrative hearing before a departmental hearing officer pursuant to Section 61.109 of this code to discuss events related to the enforcement of this chapter at his or her food facility. Such events include notices to comply, notices of violation, risk management plan provisions, and disposition of embargoed or impounded items. The owner, operator or manager must submit a request for a hearing within 15 days after the event. A failure to request a hearing within 15 days of the event shall be deemed a waiver of the right to a hearing. The hearing shall be held within 15 days of the receipt of the request for a hearing. When circumstances warrant, the departmental hearing officer may order a hearing at a reasonable time within this 15-day period to expedite the permit suspension or revocation process.
(c) Hearing rules and procedures and appeals are pursuant to Section 61.109 of this code.
(Added by Ord. No. 9525 (N.S.), effective 1-10-03; amended by Ord. No. 9858 (N.S.), effective 5-25-07; amended by Ord. No. 10927 (N.S.), effective 1-10-25)
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