§ 2.36.110. Seizure, embargo, condemnation and disposal of prohibited materials.

A.

When, in the opinion of the department of health, a food, drug, device, cosmetic, article or thing is unfit for consumption or use, or is in a condition, or is of a kind, weight, quality or strength prohibited by this chapter, or is not labeled as required by this chapter, or contains false or misleading labeling, or is adulterated or misbranded or otherwise constitutes a danger or is prejudicial to the public health, the department of health may seize, embargo or condemn such material. The department of health may destroy, render harmless or otherwise dispose of all seized, embargoed or condemned material, or may direct the owner or person in control thereof to do so. When the department of health determines that embargoed material consists in part of materials which are not in violation of this chapter and Chapters 6.16, 6.60, 10.04, 10.08, 10.12, 10.16, 10.20, 10.32 through 10.52 and 15.72, and which may be salvaged, or that embargoed materials or any part thereof can be brought into compliance with this chapter and Chapters 6.16, 6.60, 10.04, 10.08, 10.12, 10.16, 10.20, 10.32 through 10.52 and 15.72, the department shall permit the owner or person in control, unless the public health otherwise requires, to separate the salvable portions, or to bring such materials into compliance with this chapter at the place of embargo, or other place acceptable to the department, in a manner directed by the department. When seized, embargoed or condemned material is disposed of by the department of health otherwise than by destruction, it shall be returned to the owner or person in control after it has been rendered harmless. All activities carried on pursuant to this subsection shall be done in a manner consistent with the maintenance of the public health, giving due regard to the property rights of the owner or person in control of the affected material.

B.

Except where the public health requires immediate action, the department of health shall not seize, embargo, condemn, destroy, render harmless or otherwise dispose of any material pursuant to subsection A of this section until the owner or person in control is notified by an effective means of communication and is given an opportunity for a hearing before the board of health. Written notice of such a hearing shall be delivered by the department of health to the person affected not less than five days prior to the hearing.

(Prior code § 20-1-3)