Idaho Admin. Code r. 16.02.19.851 - ENFORCEMENT PROCEDURES FOR ADULTERATED OR MISBRANDED FOOD

Current through August 30, 2021

The regulatory authority may order the license holder or other person who has custody of adulterated or misbranded food to destroy, denature or recondition adulterated or misbranded food according to Section 37-118, Idaho Code. The following procedures apply: (7-1-21)T

01. Serving an Embargo Order. An embargo order must be served by one (1) of the following ways: (7-1-21)T

a. Delivered personally to the license holder or person in charge of the food establishment; or (7-1-21)T

b. Posted at a public entrance to the food establishment, provided a copy of the notice is sent by first-class mail to the license holder or the person in charge of the embargoed food. (7-1-21)T

02. The Embargo Order Is Effective When Served. The embargo order is effective at the time the notice is delivered to the license holder or person in charge, or when the notice is posted. (7-1-21)T

03. Tagging Embargoed Food. The regulatory authority must securely place an official tag or label on food or containers identified as food subject to the hold order. (7-1-21)T

04. Storage of Embargoed Food. The regulatory authority allows storage of food under conditions specified in the embargo order, unless storage is not possible without risk to the public health. The regulatory authority may order immediate destruction of the adulterated or misbranded food for public safety. (7-1-21)T

05. Removal of Embargo Tag or Label. The removal of the embargo tag, label or other identification from food under embargo must be done by the regulatory authority. (7-1-21)T

06. Embargo Release. The issue of release and removal of the embargo tag, label or other identification from the suspected food when it is not adulterated or misbranded must be done by the regulatory authority. (7-1-21)T

Notes

Idaho Admin. Code r. 16.02.19.851