Alabama Administrative Code
Title 420 - ALABAMA STATE BOARD OF HEALTH
Chapter 420-3-20 - FOOD PROCESSING ESTABLISHMENT SANITATION
Section 420-3-20-.06 - Examination And Condemnation Of Food

(a) Food may be examined or sampled by the Health Officer as often as necessary for enforcement of these rules.

(b) The Health Officer may, upon written notice to the owner or person in charge of the establishment and specifying with particularity the reason therefore, place a hold order on any food which he or she believes to be in violation of these rules. The Health Officer shall tag, label, or otherwise identify any food subject to the hold order.

(c) No food subject to a hold or do not sell order shall be used or moved from the establishment. The Health Officer 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 the food shall be destroyed in accordance with Code of Ala. 1975, § 22-10-3.

(d) The hold or do not sell order shall state that a request for hearing may be filed within fifteen 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 in accordance with the Board's Rules for Hearing Contested Cases.

(e) Nothing in these rules shall be construed to prevent the Health Officer from imposing additional requirements to protect against a potential health hazard, including removing from sale or distribution in commerce a potentially adulterated food, or misbranded or mislabeled food, when, in his/her opinion, such additional requirements are necessary to protect public health.