(A) Food may be examined, tested, or sampled by the Regulatory Authority as often as may be necessary to determine freedom from adulteration or misbranding and compliance with this chapter. It shall be the duty of any person operating a vending machine, upon demand, to furnish to the Regulatory Authority for its inspection samples of all of the food and drink being offered for sale by means of the vending machine, which samples may be analyzed and a record of that analysis shall be made and kept in the business office of the Village for inspection of the public.
(B) The Regulatory Authority may, upon written notice to the owner or person in charge, place a hold order on any food which it determines or has probable cause to believe to be unwholesome or otherwise adulterated, misbranded, contaminated with foreign matter, or otherwise in violation of the rules and regulations of the Illinois Food Service Sanitation Code or this chapter. The Regulatory Authority shall tag, label or otherwise identify any food subject to the hold order. The hold order shall state that a written request for hearing may be filed with the Regulatory Authority within ten days of the date of the order and that if a hearing is not timely requested, the food may be ordered to be destroyed.
(1) Under a hold order, food may be permitted to be suitably stored in an area of the food establishment if the food is protected from subsequent deterioration and the storage does not restrict operations of the establishment or present a risk to the public health.
(2) It shall be unlawful for any person to remove or alter a hold notice or tag placed on food by the Regulatory Authority and neither that food nor the containers thereof shall be used, served, moved from the establishment, relabeled, repacked, reprocessed, altered, disposed of or destroyed without permission of the Regulatory Authority, except on order by a court of competent jurisdiction. If the Regulatory Authority has reasonable cause to believe that the hold order will be violated, or finds that the order is violated, the Regulatory Authority may remove the food that is subject to the order to a place of safekeeping pending the outcome of the procedures set forth in subsections (3) and (4) below.
(3) After the owner or person in charge has had a hearing, or on the basis of its examination in the event a written request for a hearing is not received within ten days, the Regulatory Authority may vacate the hold order, or may, by written order, direct the owner or person in charge of the food which was placed under the hold order to denature or destroy the food or to bring it into compliance with the provisions of this chapter.
(4) The order of the Regulatory Authority to denature or destroy the food or bring it into compliance with the provisions of this chapter shall be stayed if the order is appealed to a court of competent jurisdiction within three (3) days.
('73 Code, § 14-19) (Ord. 87-1647, passed 4-2- 87; Am. Ord. 11-2849, passed 11-22-11; Am. Ord. 18-4076, passed 7-19-18) Penalty, see § 10.99