Sec. 460.104. - Power of seizure, quarantine and condemnation.

(a) The Director may seize, quarantine or condemn a food, drug, article or thing which the Director finds: (1) Is unfit for consumption or use. (2) Is in a condition or is of a weight, kind, quality or strength prohibited by the Health Code or other applicable law. (3) Is not labeled as required by the Health Code. (4) Contains false or misleading labeling, or is adulterated or misbranded. (5) Otherwise constitutes a danger or is prejudicial to the public health. (b) The Director may destroy, render harmless or otherwise dispose of all seized, quarantined and condemned material or may direct the owner or person in control thereof to do so. When the Director determines that such material consists in part of materials which are not in violation of the Health Code and which may be salvaged, or that such materials may be brought into compliance with the Health Code, he shall permit the owner or person in control, unless the public health otherwise requires, to separate the salvageable portions or to bring such materials into compliance with the Health Code at the place of seizure, quarantine or condemnation or other place acceptable to the Director. When such material is disposed of by the Director otherwise than by destruction, it shall be returned to the owner or person in control after it has been rendered harmless. All activities carried on pursuant to this Section shall be done in a manner consistent with the maintenance of the public health and with due regard to the property rights of the owner or person in control of the affected material. (c) Except where the public health requires immediate action, the Director shall not seize, quarantine or condemn any material pursuant to this Section until the owner or person in control is notified by any effective means of communication and is given an opportunity to be heard by the Director. (Ord. 70-650-526; Ord. 71-397-181; Ord. 83-591-400, § 1) Note— Former § 500.104 .