Food may be examined or sampled by the health department as often as may be necessary
to determine freedom from adulteration or misbranding. The health department may,
upon written notice to the owner or person in charge, place a hold order on any food
which the inspector 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 department.
(1)
Neither such food nor the containers thereof shall be relabeled, repackaged or reprocessed,
altered, disposed of, or destroyed without the permission of the health department,
except on an order by a court of competent jurisdiction. After the owner or person
in charge has had a hearing as provided in section 22-94(4) and on the basis of evidence produced at such hearing, or on the basis of examination
in the event a written request for a hearing is not received within ten days, the
health department 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 article.
(2)
Such order shall be stayed if the order is appealed to a court of competent jurisdiction
within three days.
