Section 25-A4703. ADMINISTRATIVE - EMBARGO ORDER, CONTENTS

 

4703.1The embargo order notice shall:

 

(a)State that food subject to the order may not be used, sold, moved from the  food establishment, or destroyed without a written release of the order  from the Department;

 

(b)State the specific reasons for placing the food under the embargo order  with reference to the applicable provisions of this Code and the hazard or  adverse effect created by the observed condition;

 

(c)Completely identify the food subject to the embargo order by the common  name, the label information, a container description, the quantity, the  Department's tag or identification information, and location;

 

(d)State that the licensee has the right to a hearing and may request a hearing  by submitting a timely request in accordance with Chapter 48, which does  not stay the Department’s imposition of the embargo; 

 

(e)State that the Department may order the destruction of the food if a timely  request for a hearing is not received; and

 

(f)Provide the name and address of the Department representative to whom a  request for a hearing may be made.

 

authority

Sections 4 and 10 of An Act Relating to the adulteration of foods and drugs in the District of Columbia, approved February 17, 1898 (30 Stat. 246; D.C. Official Code §§ 48-104 and 48-110 (2009 Repl.)); Section 7 of An Act Making Appropriations to provide for the expenses for the government of the District of Columbia for the fiscal year ending June thirtieth, nineteen hundred and three, and for other purposes (32 Stat.627; D.C. Official Code § 47-2834(a)(1), (a)(2), and (b) (2005 Repl.)); and Mayor’s Order 98-139, dated August 20, 1998, and Mayor’s Order 2002-103, dated June 18, 2002.

source

Final Rulemaking published at 50 DCR 4394 (June 6, 2003), incorporating by reference the text of Proposed Rulemaking published at 49 DCR 6184, 6364 (July 5, 2002); as amended by Final Rulemaking published at 59 DCR 13690 (November 30, 2012).