OAR 333-160-0000: Destruction and Embargo of Mishandled, Adulterated or Spoiled Food and Beverage

Whenever the Authority finds food or beverage for which there is probable cause to believe is adulterated, mishandled, spoiled, or otherwise potentially dangerous to health, the Authority shall immediately notify the person in charge that the product is hazardous; and shall request immediate destruction of the product. If the person in charge agrees, the food or beverage shall be destroyed or removed in a manner specified by the Authority: (1) If the person in charge will not agree to destruction, an embargo order shall be placed on the food or beverage. The order shall include: (a) A statement of the reasons for the embargo; (b) A description of the products, their location and the amount of product embargoed; (c) The date and time of day when the order is issued, and the signature of the inspecting Environmental Health Specialist. (2) The product shall be marked, sealed, isolated, and otherwise identified as required by the Authority to ensure that it remains off sale and is not moved prior to final disposition of the embargo. (3) After placement of an embargo order, samples may be taken for testing by the Authority. (4) If the order of embargo does not include a notice of hearing; within 48 hours of the placement of an embargo, the person in charge shall be notified in writing that a hearing on the embargo order will be held if requested in writing within ten (10) days of the delivery of the notice. (5) If a hearing is requested, it shall be held in accordance with ORS 183 and the model rules of the Attorney General for contested cases. (6) If no hearing is requested as provided in section (4) of this rule, a default order for destruction shall be issued to the person in charge. (7) Destruction or removal of embargoed product shall be done only under the direct supervision of the Authority. Denaturation may be required where it is necessary to render the product unpalatable or to identify it as unfit for human consumption. (8) Violation of any embargo or destruction order or removal of any product under embargo is grounds for closure of the facility, revocation or denial of license or criminal penalties provided under ORS 624.990.