(A) Inspection authority.
(1) The health authority shall be permitted to enter any food establishment or any private or public property where vending machines or mobile food vendors or temporary food service operations are located during regular business hours or at another reasonable time for the purpose of making inspections to determine compliance with this subchapter.
(2) The health authority shall display identification upon request.
(3) The health authority shall be permitted to examine the records of the food establishment or operation to obtain information pertaining to:
(a) Food and supplies purchased, received, or used; or
(b) An employee.
(4) The health authority may examine or sample food that is stored, prepared, packaged, served otherwise provided for human consumption by a food establishment.
(B) Inspections generally.
(1) After inspecting a food establishment, the health authority shall record the health authority's findings on an appropriate inspection report form.
(2) The health authority shall provide a copy of the inspection report to the person in charge of the food establishment. This copy shall be posted in the food establishment in a manner which allows customers to easily read the report.
(3) The completed inspection report filed by the health authority to the city is a public document.
(4) If a violation is found, the health authority shall:
(a) Prescribe on the inspection report a reasonable period for correction of the violation; and
(b) Perform re-inspections at reasonable time intervals to determine whether required corrections are made.
(C) Hold order and contamination of food.
(1) The health authority may place a hold order on food after:
(a) Determining that the food is stored, prepared, transported, or served in violation of applicable law; or
(b) Determining that there is probable cause to believe the permit holder is in violation of federal, state or local law; and
(c) Giving written notice to the permit holder or the person in charge.
(2) The health authority shall label or otherwise identify food that is subject to a hold order. No food subject to a hold order shall be used, served, sold, or moved from the establishment.
(3) The health authority shall permit storage of the food under conditions specified in the hold order. The hold order may prescribe storage conditions for the food.
(4) The health authority shall state in the hold order:
(a) The reasons for the hold order;
(b) That the permit holder or the person in charge may file a written request for hearing on the hold order, and shall state that a request for hearing may be filed within ten 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 evidence produced at that hearing, the hold order may be vacated, or the owner or person in charge of the food may be directed by written order to denature or destroy such food.
(Ord. 120918-D, passed 9-18-2012)