Tennessee Code 53-8-116 – Examination of food – Hold orders
Terms Used In Tennessee Code 53-8-116
- Commissioner: means the commissioner of agriculture, the commissioner's duly authorized representative, and in the event of the commissioner's absence or vacancy in the office of commissioner, the deputy commissioner. See Tennessee Code 53-8-103
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Person: means any individual, partnership, firm, corporation, agency, municipality, state or political subdivision, or the federal government and its agencies and departments. See Tennessee Code 53-8-103
- State: when applied to the different parts of the United States, includes the District of Columbia and the several territories of the United States. See Tennessee Code 1-3-105
- written: includes printing, typewriting, engraving, lithography, and any other mode of representing words and letters. See Tennessee Code 1-3-105
Food may be examined or sampled by the commissioner as deemed necessary for the enforcement of this chapter. The commissioner may place a hold order on any food that the commissioner believes is in violation of this chapter or rules and regulations, upon written notice to the operator specifying particular reasons for the hold order. The commissioner shall tag, label, or otherwise identify any food subject to a hold order. No food subject to a hold order shall be used, served, sold, or moved from the establishment. The hold order may state that the food be held while confirmation is obtained that the condition violates this chapter or rules and regulations. The hold order may also order the operator to destroy food that violates this chapter or rules and regulations. The commissioner shall permit storage of the food under the conditions specified in the hold order, unless storage is not possible without risk to the health of the public, in which case immediate destruction shall be ordered and accomplished. The hold order shall state that a request for a hearing may be filed within ten (10) days. If a request for a hearing is received, the hearing shall be held within a reasonable time after receipt of the request. On the basis of evidence produced at the hearing, the hold order may be rescinded, or the owner or person in charge may be directed by written order to denature or destroy such food or to bring it into compliance with this chapter.