Code of Massachusetts Regulations
105 CMR - DEPARTMENT OF PUBLIC HEALTH
Title 105 CMR 500.000 - Good Manufacturing Practices For Food
Administration and Enforcement
Section 500.209 - Embargo

Universal Citation: 105 CMR 500.000 MA Code of Regs 500.209

Current through Register 1531, September 27, 2024

(A) Pursuant to M.G.L. c. 94, § 189A, the Commissioner or his or her agent may place an embargo on any product which he or she finds or has probable cause to believe is adulterated or misbranded provided that:

(1) A written notice is issued to the licensee, permit holder, or the person in charge at the facility, or if no one is present at the facility, conspicuously posted at the facility; and

(2) The notice specifies the reason(s) for the embargo order.

(B) The Commissioner or his or her agent shall affix a tag, label, or shall otherwise identify any product subject to the embargo order. The tag or label shall state that the product:

(1) Is believed to be adulterated or misbranded;

(2) Has been embargoed for ten days; and

(3) Cannot be removed, used, sold, or disposed of without permission of the Commissioner or his or her agent.

(C) The Commissioner or his or her agent shall permit storage of the product under conditions specified in the embargo order, unless storage is not possible without imminent threat to the public health, in which case immediate destruction or isolation of the product may be ordered and accomplished.

(D) If the product subject to embargo is found to be adulterated or misbranded, the Commissioner or his or her agent shall take such steps as they shall deem necessary, pursuant to M.G.L. c. 94, § 189A, to effect the condemnation and disposal or reconditioning of the product.

(E) If the product subject to embargo is found not to be adulterated or misbranded, it shall be released.

Disclaimer: These regulations may not be the most recent version. Massachusetts may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.