Examination and Embargo of Food

(A) Examination and Sampling. Food may be examined or sampled by the board of health pursuant to M.G.L. c. 94, §§ 146 and 189 for the purpose of determining compliance with 105 CMR 590.000. (B) Embargo Notice. The board of health may place an embargo on any food, which it knows, or has probable cause to believe is adulterated or misbranded provided that: (1) A written notice is issued to the holder of the permit to operate the food establishment or to the person in charge; and (2) The notice specifies in detail the reason(s) for the embargo order. (C) Embargo Tag. The board of health shall tag, label, or otherwise identify any food subject to the embargo order. The tag or label shall state that the food: (1) Is believed to be adulterated or misbranded; (2) Has been embargoed for ten days; and (3) Cannot be removed, used, sold or disposed of without permission of the board of health. (D) Storage or Destruction of Embargoed Food. The board of health shall permit storage of food under conditions specified in the embargo order, unless storage is not possible without risk to the public health, in which case immediate destruction shall be ordered and accomplished. (E) Condemnation, Disposal or Reconditioning. If the food subject to embargo is found to be adulterated or misbranded, the board of health shall take such steps as are necessary, pursuant to M.G.L. c. 94, §§ 146 or 189A, to effect the condemnation and disposal or reconditioning of the food. (F) Embargo Release. If the food subject to embargo is not found to be adulterated or misbranded it shall be released.