HAR §11-50-11. potential health hazard

The marking shall be removed only by the department; (2) Food embargoed or detained pursuant to this subsection shall not be moved or used unless the embargo or detainment has been rescinded; (3) Within seven days of the embargo or detainment, the director shall: (A) Extend the holding period for the period of time needed to further investigate the safety of the food being held; or (B) Rescind the action. (b) The tag or other marking indicating that food has been embargoed or detained shall: (1) Provide the department's findings and conclusions with respect to the food determined to be a potential health hazard; and (2) Notify the person whose food has been embargoed or detained of their right to request a hearing. (c) If the owner of food which has been embargoed or detained submits a written request to the department for a hearing to contest the embargo or detainment within seven days from the date the tag or other marking was affixed to the food, the director shall provide a hearing as soon as practicable. At such hearing the director shall: (1) Determine whether the embargoed or detained food is a potential health hazard; (2) Determine whether the food must be destroyed and under what circumstances; and (3) Issue a final order for the continued embargo or detainment and ultimate disposition of the embargoed or detained food, or rescind the action. (d) If no written request is submitted to the department within seven days from the date the tag or other marking of embargo or detainment was affixed to the food, the department's findings and conclusions shall become final and the owner or operator of the food establishment shall dispose of the embargoed or detained food in the manner prescribed by the director. [Eff 2/24/2014; comp AUG 24 2025 ] (Auth: HRS §321-11) (Imp: HRS §321-11) §11-50-11 Prevention of foodborne disease transmission by employees. (a) The department shall act when it has reasonable cause to believe that a food employee or conditional employee has possibly transmitted 50-39 §11-50-11 disease; may be infected with a disease in a communicable form that is transmissible through food; may be a carrier of infectious agents that cause a disease that is transmissible through food; or is affected with a boil, an infected wound, or acute respiratory infection, by: (1) Securing a confidential medical history of the food employee or conditional employee suspected of transmitting disease or making other investigations as deemed appropriate; and (2) Requiring appropriate medical examinations, including collection of specimens for laboratory analysis, of a suspected food employee or conditional employee. (b) Based on the findings of an investigation related to a food employee or conditional employee who is suspected of being infected or diseased, the department may issue an order to the suspected food employee, conditional employee, or owner or operator instituting one or more of the following control measures: (1) Restricting the food employee or conditional employee; (2) Excluding the food employee or conditional employee; or (3) Closing the food establishment by summarily suspending a permit to operate pursuant to section 11-50-12(c). (c) Based on the findings of the investigation as specified in subsection (a) and to control disease transmission, the department may issue an order of restriction or exclusion to a suspected food employee or the owner or operator without prior warning, notice of a hearing, or a hearing if the order: (1) States the reasons for the restriction or exclusion that is ordered; (2) States the evidence that the food employee or owner or operator shall provide in order to demonstrate that the reasons for the restriction or exclusion are eliminated; (3) States that the suspected food employee or the owner or operator may request an appeal hearing by submitting a timely request as provided in law; and (4) Provides the name and address of the department representative to whom a request for an appeal hearing may be made. 50-40 §11-50-12 (d) The department shall release a food employee or conditional employee from restriction or exclusion according to law and the conditions specified in section 11-50-21 (c). [Eff 2/24/2014; comp AUG 24 2025 (Auth: HRS §321-11) (Imp: HRS §321-11)