Section 25-A4710. ADMINISTRATIVE - CONDEMNATION ORDER, CONTENTS

 

4710.1The condemnation order shall:

 

(a)State that the equipment, utensils, or linens 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 equipment, utensils, or linens  under the condemnation 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 equipment, utensils, or linens subject to the  condemnation order by the common name, the label or manufacturer's  information, description of the item, 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  request does not stay the Department’s imposition of the condemnation  order;

 

(e)State that the Department may order the destruction, replacement or  removal of the equipment, utensils or linens 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, 6365-66 (July 5, 2002); as amended by Final Rulemaking published at 59 DCR 13690 (November 30, 2012).