Section 25-B3511. ADMINISTRATIVE - CONDEMNATION ORDER, CONTENTS

 

3511.1The condemnation order shall:

 

(a)State that the equipment, utensils or food packaging materials subject to the order may not be used, sold, moved from the food processing operation, or destroyed without a written release of the order from the Department;

 

(b)State the specific reasons for placing the equipment, utensils or food packaging materials 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 food packaging materials 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 or dealer has the right to a hearing and may request a hearing by submitting a timely request in accordance with chapter 37, 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 food packaging materials 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.

 

source

Final Rulemaking published at 56 DCR 5245 (July 3, 2009).