§ 10-3-157. HOLD ORDER AND CONDEMNATION OF FOOD.

(A)

The health authority may place a hold order on food or may detain equipment after:

(1)

determining that the food is stored, prepared, transported, or served in violation of applicable law;

(2)

the detained equipment is not functioning properly or presents a health risk; and

(3)

giving written notice to the permit holder or the person in charge.

(B)

The health authority shall tag or otherwise identify food or equipment that is subject to a hold order. Unless authorized by the health authority, a person may not use, serve, sell, or move food or equipment that is subject to a hold order nor may the person remove a detained equipment sticker.

(C)

The health authority shall permit storage of food that is subject to a hold order. The hold order may prescribe storage conditions for the food.

(D)

The health authority may permit repair of equipment affixed with a detained sticker.

(1)

The hold order may prescribe the repairs necessary.

(2)

The health authority may require reinspection and payment of a reinspection fee, prescribed under separate ordinance, to approve repairs that are necessary to the detained equipment.

(E)

The health authority shall state in a hold order:

(1)

the reasons for the hold order;

(2)

that a person may file a written request for a hearing with the health authority not later than the 10th day after the date the hold order is issued; and

(3)

that if a hearing is not requested, the food will be destroyed or the equipment will be further detained.

(F)

The permit holder or person in charge may file with the health authority a written request for a hearing on a hold order or detained equipment. The request must be filed not later than the 10th day after the date the hold order is issued.

(G)

If a timely hearing request is filed, the health authority shall hold a hearing on the hold order.

(H)

On the basis of evidence produced at the hearing, the health authority may:

(1)

vacate the hold order; or

(2)

by written order require the permit holder or person in charge to denature or destroy the food, or to bring the food into compliance or have the equipment repaired so that it operates in compliance with applicable laws.

(I)

An order of the health authority to denature or destroy food or to repair detained equipment is stayed if the order is appealed to a court of competent jurisdiction not later than the third day after the date the order is issued.

(J)

The health authority shall immediately condemn food or render food unsalable as human food if the health authority determines that the food:

(1)

contains a filthy, decomposed, or putrid substance;

(2)

may be poisonous or deleterious to health; or

(3)

is otherwise unsafe.

(K)

The health authority may condemn equipment as unsafe for food storage or preparation if the health authority determines that the equipment:

(1)

contains filthy, decomposed, or putrid substance(s);

(2)

may be or is deleterious to health; or

(3)

is otherwise unsafe.

Source: Ord. 20051201-013; Ord. 20100429-028.