105 CMR 590.012 - Examination and Embargo of Food
(A)
Examination and Sampling. Food may be examined or
sampled by the board of health pursuant to M.G.L. c. 94, §§ 146 and
189 for the purpose of determining compliance with
105 CMR
590.000.
(B)
Embargo Notice.
The board of health may place an embargo on any food, which it knows, or has
probable cause to believe is adulterated or misbranded provided that:
(1) A written notice is issued to the holder
of the permit to operate the food establishment or to the person in charge;
and
(2) The notice specifies in
detail the reason(s) for the embargo order.
(C)
Embargo Tag. The
board of health shall tag, label, or otherwise identify any food subject to the
embargo order. The tag or label shall state that the food:
(1) Is believed to be adulterated or
misbranded;
(2) Has been embargoed
for ten days; and
(3) Cannot be
removed, used, sold or disposed of without permission of the board of
health.
(D)
Storage or Destruction of Embargoed Food. The board of
health shall permit storage of food under conditions specified in the embargo
order, unless storage is not possible without risk to the public health, in
which case immediate destruction shall be ordered and accomplished.
(E)
Condemnation, Disposal or
Reconditioning. If the food subject to embargo is found to be
adulterated or misbranded, the board of health shall take such steps as are
necessary, pursuant to M.G.L. c. 94, §§ 146 or 189A, to effect the
condemnation and disposal or reconditioning of the food.
(F)
Embargo Release.
If the food subject to embargo is not found to be adulterated or misbranded it
shall be released.
Notes
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