Current through Register Vol. 48, No. 9, September 27, 2024
8-903.10
Hold Orders, Justifying
Conditions, and Removal of Food.
(A)
The Department may place a hold order on a food which is believed to be in
violation of this regulation that:
(1)
Originated from an unapproved source;
(2) May be unsafe, adulterated, or not
honestly presented;
(3) Is not
labeled according to law, or, if raw molluscan shellfish, is not tagged or
labeled according to law; or
(4) Is
otherwise not in compliance with this regulation.
(B) Should the hold order be violated, action
may be initiated to suspend the permit.
(C) The Department may condemn, forbid the
sale of, or cause to be removed or destroyed, any food, which is determined to
be in violation of this regulation, unwholesome, contaminated, adulterated, or
from an unapproved source.
8-903.20
Hold Order, Prior Warning, or
Hearing Not Required.
The Department may issue a hold order to a permit holder
or to a person who owns or controls the food, as specified in 8-903.10, without
prior warning, notice of a hearing, or a hearing on the hold order.
8-903.30
Hold Order,
Contents.
The hold order shall:
(A) State that food subject to the order may
not be used, sold, moved from the retail food establishment, or destroyed
without a written release from the Department;
(B) State the specific reasons for placing
the food under the hold order with reference to the applicable provisions of
this regulation and the hazard or adverse effect created by the observed
condition;
(C) Completely identify
the food subject to the hold order by the common name, the label information, a
container description, the quantity, tag or identification information, and
location;
(D) State that the permit
holder has the right to a hearing and may request a hearing in accordance with
applicable law; and
(E) State that
the Department may order the destruction of the food if a timely request for a
hearing is not received.
8-903.40
Hold Order, Official Tagging
of Food.
(A) The Department shall
securely place an official tag or label on the food or containers or otherwise
conspicuously identify food subject to the hold order.
(B) The tag or other method used to identify
a food that is the subject of a hold order shall be signed and dated by the
Department.
8-903.51
Hold Order, Food May Not Be Used or Moved.
(A) Except as specified in (B) of this
section, a food placed under a hold order may not be used, sold, served, or
moved from the establishment by any person.
(B) The Department may allow the permit
holder the opportunity to store the food in an area of the retail food
establishment if the food is protected from subsequent deterioration and the
storage does not restrict operations of the establishment.
8-903.70
Hold Order, Removing the
Official Tag.
Only the Department may remove hold order tags, labels,
or other identification from food subject to a hold order.
8-903.80
Destroying or Denaturing
Food.
If a hold order is sustained upon appeal or if a timely
request for a hearing is not filed, the Department may order the permit holder
or other person who owns or has custody of the food to bring the food into
compliance with this regulation or to destroy or denature the food under the
Department's supervision.
8-903.90
Releasing Food from Hold
Order.
The Department shall issue a notice of release from a
hold order and shall remove hold tags, labels, or other identification from the
food if the hold order is vacated.
