[Amended 1-12-1999 by Ord. No. 99-03-240]
Food may be examined or sampled by the County Health Department
as may be necessary to determine freedom from adulteration or misbranding.
The health authority may, upon written notice to the owner or person
in charge, place a hold order on any food which he/she determines,
or has probable cause to believe, to be unwholesome or otherwise adulterated
or misbranded. Under a hold order, food shall be permitted to be suitably
stored. It shall be unlawful for any person to move or alter a hold
order notice or tag placed on food by the health authority. Neither
such food, nor the containers thereof, shall be relabeled, repackaged
or reprocessed, altered, disposed of or destroyed without permission
of the health authority, except on an order by a court of competent
jurisdiction. After the owner or person in charge has had a hearing,
or on the basis of examination, in the event a written request for
a hearing is not received within 10 days, the health authority may
vacate the hold order or may, by written order, direct the owner or
person in charge of food which was placed under the hold order to
denature or destroy such food or bring it into compliance with the
provisions of this chapter. Such order shall be stayed if the order
is appealed to a court of competent jurisdiction within three days.
Where equipment used in the preparation of food products is found to be in a state of disrepair, unsafe, unsuitable for use, or unsanitary, such equipment shall be taken out of use and a hold order placed on said items by the health authority. Such equipment may not be put back into service until written permission is obtained from the County Health Department. It shall be unlawful for any person to move or alter a hold order notice or tag placed on equipment by the health authority. Such equipment will not be altered, disposed of or destroyed without permission of the health authority, except on an order in a court of competent jurisdiction. After the owner or person in charge has had a hearing as provided in § 257-17, and on the basis of the evidence produced at such hearing, or on the basis of examination in the event a written request for a hearing is not received within 10 days, the health authority may vacate the hold order, or may, by written notice, direct the owner or person in charge of the equipment which was placed under the hold order to remove such equipment or bring it into compliance with the provisions of this chapter. Such order shall be stayed if the order is appealed to a court of competent jurisdiction within three days.
