§ 50-93. Examination and condemnation of food.

(a)

The regulatory authority may, upon written notice to the owner or person in charge, specifying with particularity the reasons therefor, place a hold order on any food which it believes is in violation of section 50-106 or any other section of this article. The health authority 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 authority shall permit storage of the food under conditions specified in the hold order, unless storage is not possible without risk to the 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 ten days and that if no hearing is requested the food shall be destroyed. If a request for hearing is received, the hearing shall be held within 20 days after receipt of the request. 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 or to bring it into compliance with this article.

(b)

Food may be examined or sampled for laboratory examination by the health authority as often as may be necessary to determine freedom from unwholesomeness, adulteration or misbranding. No food intended for human consumption shall be served, sold or offered for sale that is unwholesome, adulterated, misbranded, unsafe or in any way likely to injure the public health. It shall be the duty of the health authority to condemn and destroy or otherwise render inedible all such food which is produced, stored or handled in violation of this article in such manner that will endanger the public health. However, if the owner resists such action, legal procedure shall be taken against the owner for violation of this article, and the food shall be impounded in proper storage for court evidence.

(Code 1970, § 11-131; Ord. No. 80-24, § 10.11, 9-23-80)