§ 13-8. Condemnation of food products.

(a)

Samples of food, drink and other substances shall be taken and examined by the director as often as he deems necessary for the detection of unwholesome and deleterious qualities. The director may condemn and forbid the sale of or cause to be removed or destroyed, any food or drink which is unwholesome or deleterious according to the procedure outlined in this section.

(b)

When such unwholesome or deleterious food comes to the attention of the director he shall promptly condemn the same and the owner, manager or other person in charge of the same shall thereupon immediately and in the presence of the director destroy such food by opening the containers, if it is in containers, and immediately denature and render the food inedible as may be approved by the director; however, if such owner, manager or other person shall notify the director of his desire to appeal, such owner, manager or other person shall immediately transport such foodstuff to such place as the director may designate or approve and shall there store such food. The director shall promptly, either by request or his own volition, make further inspection and examination of such food. If such inspection and examination shows that the food should not be condemned, then the owner thereof may remove the same again to his place of business for sale or otherwise as he may desire.

(c)

Any food or drink which appears to the regulatory authority to be unwholesome, or of possible deleterious quality, or any piece of equipment capable of contaminating food or drink products shall be retained by attaching thereto a "San Antonio Retained" tag. Food and equipment so retained may not be removed, disturbed or used without the permission of the regulatory authority. Anyone, except the regulatory authority, removing a "San Antonio Retained" tag when attached to any food or equipment shall be in violation of this chapter and subject to all penalties provided for herein.

(Ord. No. 2008-05-15-0402, § 1(Att. I), 5-15-08)