53-8-218 - Examination and condemnation of food. - Tennessee Statutes

53-8-218. Examination and condemnation of food.

(a)  Food may be examined or sampled by the commissioner as deemed necessary for the enforcement of this part.

(b)  The commissioner may, upon written notice to the operator specifying particular reasons, place a hold order on any food that the commissioner believes is in violation of this part or rules or regulations.

(c)  The commissioner shall tag, label or otherwise identify any food subject to a hold order.

(d)  No food subject to a hold order shall be used, served or moved from the establishment.

(e)  The hold order may state that the food be held while confirmation is obtained that the condition violates this part or rules or regulations.

(f)  The hold order may also order the operator to destroy food that violates this part or rules or regulations.

(g)  The commissioner shall permit storage of the food under the conditions specified in the hold order, unless storage is not possible without risk to the health of the public, in which case immediate destruction shall be ordered and accomplished.

(h)  The hold order shall state that a request for a hearing may be filed within ten (10) days.

(i)  If a request for a hearing is received, the hearing shall be held within a reasonable time after receipt of the request.

(j)  On the basis of evidence produced at the hearing, the hold order may be rescinded, or the owner or person in charge may be directed by written order to denature or destroy the food or to bring it into compliance with this part.

[Acts 1986, ch. 633, § 19.]