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T A B L E O F C O N T E N T S P RT I A ... - Broome County

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§ 168-13 BROOME COUNTY CHA<strong>RT</strong>ER AND CODE<br />

§ 168-14<br />

stands of concessions operated in conjunction with a fair, carnival or circus, exceptions<br />

to the above requirements will be considered only when, in the opinion of the<br />

Commissioner, full enforcement is impracticable and such modification will not unduly<br />

endanger the public health.<br />

E. Sampling, embargo and condemnation.<br />

(1) Such samples of food, drink, ingredients, containers or any substance used in<br />

connection with the preparation of food or drink may be taken by a duly<br />

authorized representative of the Department of Health for examination from any<br />

food establishment at any time and as often as he may deem necessary for the<br />

detection of unwholesome or unsanitary conditions.<br />

(2) Any such food, drink or other substance may be stopped from sale or use or placed<br />

under an embargo by the Commissioner for such reasonable period of time as may<br />

be necessary to determine that such food, drink or substance is decomposed,<br />

unwholesome, unfit for human consumption or dangerous to the public health. No<br />

such food, drink or other substance shall be used, removed, destroyed or otherwise<br />

disposed of while under such embargo.<br />

(3) Should the embargoed articles be found unfit for human consumption, the<br />

Commissioner shall inform the owner, in writing, stating the reasons as to why<br />

they are unfit and directing their disposal under his supervision. The owner of the<br />

article may request a hearing before the Commissioner within five days of the date<br />

of this statement. Unless agreed upon by the owner, the embargoed articles shall<br />

not be disposed of within this period of five days. The decision resulting from the<br />

hearing shall be final.<br />

(4) Nothing in this section shall prohibit the Commissioner from referring the entire<br />

matter at any time to the duly authorized representative of federal, state and local<br />

agencies having responsibilities or jurisdiction in the matter concerned.<br />

A<strong>RT</strong>ICLE IV<br />

Sewage Disposal and Water Supply<br />

§ 168-14. Definitions. [Amended 4-4-1978 by L.L. No. 3-1978]<br />

As used in this article, the following terms shall have the meanings indicated:<br />

CE<strong>RT</strong>IFICATE OF APPROVAL — A written statement signed by the Commissioner of<br />

Health approving the water supply and/or sewage disposal facilities for any individual<br />

dwelling, school, place of business, industry, trade establishment, institution or other premises.<br />

COMPLIANCE SCHEDULE — A written statement signed by the Commissioner of Health<br />

or his representative detailing the reasonable steps necessary to correct any violation of this<br />

code and detailing reasonable time periods necessary to complete such steps. Each such<br />

statement shall contain a space at the end of such written statement wherein the person so<br />

notified may execute said schedule and agree to the terms therein.<br />

168:10<br />

05 - 15 - 2008

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