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Virginia Administrative Code (Last Updated: January 10, 2017) |
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Title 12. Health |
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Agency 5. Department of Health |
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Chapter 421. Food Regulations |
Section 3960. Examination for condemnation of food
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Food may be examined or sampled by the department as often as necessary for enforcement of this chapter. Also, the department may, upon written notice to the owner or permit holder or person in charge impound any food which it believes is in violation of Part III (12VAC5-421-260 et seq.) or any other section of this chapter. The department shall tag, label, or otherwise identify any food subject to impoundment. No food under conditions specified in the impoundment shall be used, served or moved from the establishment. The department shall permit storage of the food under conditions specified in the impoundment unless storage is not possible without risk to the public health in which case immediate destruction shall be accomplished by the owner or permit holder or person in charge. The impoundment shall state that a request for an informal fact-finding conference may be filed within 10 days and that if no conference is requested, the food shall be destroyed by the owner or permit holder or person in charge. The department shall hold an informal fact-finding conference if so requested, and on the basis of evidence produced at the hearing, the impoundment may be vacated, or the owner or permit holder or person in charge of the food may be directed in writing by the director to denature or destroy such food or to bring it into compliance with the provisions of this chapter.
Historical Notes
Derived from Volume 18, Issue 10, eff. March 1, 2002; amended, Virginia Register Volume 24, Issue 02, eff. October 16, 2007; Volume 32, Issue 22, eff. July 12, 2016.