//Section 3 — Removal of Food Adulterated with Lead from Distribution and Sale

Section 3 — Removal of Food Adulterated with Lead from Distribution and Sale

3.1 Hold Order Continuance

3.1.1 Any adulterated product or wrapper which has been declared a public nuisance by the Health Authority, as determined by the sample results in Section 2.3; shall have the Hold Order specified in Section 2.2 continued in accordance with NRS Chapter 446.

3.2 Issuance of Notice of Violation

3.2.1 The operator of the distribution facility, and/or manufacturing facility of the adulterated product, in addition to the operator of the retail outlet if the sample was taken from a retail location, shall be issued a Notice of Violation (NOV) of these Regulations. The NOV shall, in writing:

3.2.1.1 Identify the adulterated product in question and any lot numbers or other distinguishing information;

3.2.1.2 Specify that the operator of the retail outlet, distribution facility, and/or manufacturing facility shall continue the Hold Order of the adulterated product, until otherwise notified in writing by the Health Authority;

3.2.1.3 Place a Hold Order on all lots and similarly labeled products sold and/or distributed in Clark County;

3.2.1.4 Require all retail sales of all lots and similarly labeled products cease immediately;

3.2.1.5 Require an immediate recall of all products under the Hold Order specified in Section 3.2.1.2 and Section 3.2.1.3;

3.2.1.6 Direct the destruction of the product under the Hold Order specified in Section 3.2.1.2 and Section 3.2.1.3;

3.2.1.7 Require the operator to pay the costs associated with collecting and testing the product;

3.2.1.8 Any additional retail sales and/or distribution of any lots or similarly labeled products shall not occur until the products are proven to the Health Authority to be manufactured free of lead as stipulated in Section 4.2 et seq.;

3.2.1.9 Provide a name, business address, and telephone number of the Environmental Health Specialist (EHS) to contact regarding the NOV;

3.2.1.10 Specify the time period within which the actions must be completed.

3.3 Responsibility of Retail Operator

3.3.1 In response to the NOV, the operator of the retail outlet shall:

3.3.1.1 Cease all sales of product placed on hold as specified in Sections 3.2.1.2 and Section 3.2.1.3.

3.3.1.2 Post a notice, within two (2) business days of receipt of the NOV, in a conspicuous location near where the product was sold, for no less than thirty (30) consecutive days or as otherwise specified by the Health Authority. The form and content of the notice shall be approved by the Health Authority prior to its posting.

3.3.1.3 If applicable, remit to the Health Authority the costs specified in Section 3.2.1.7 within thirty (30) days of receipt of the NOV.

3.3.1.4 Immediately cease all additional sales of the product until the operator has received written approval from Health Authority.

3.4 Responsibility of Manufacturing and/or Distribution Facility Operator

3.4.1 In response to the NOV, the operator of the distribution facility and/or manufacturing facility shall:

3.4.1.1 Cease all sales of the product and commence a recall of the product found in Clark County outlets.

3.4.1.2 Provide the Health Authority with documentation, within two (2) business days of receipt of the NOV, indicating the amount and location of the product in distribution at the time of the recall.

3.4.1.3 Post a notice, within two (2) business days of receipt of the NOV, at each retail outlet, in a conspicuous location near where the adulterated product was sold, for no less than thirty (30) consecutive days or as otherwise specified by the Health Authority. The form and content of the notice shall be approved by the Health Authority prior to its posting.

3.4.1.4 Remit to the Health Authority the costs specified in Section 3.2.1.7 within thirty (30) days of receipt of the NOV.

3.4.1.5 Immediately cease all additional distribution and sales of the product until the operator of the distribution facility and/or manufacturing facility until written approval from Health Authority has been obtained as stipulated in Section 4.2 et seq.

3.5 Voluntary Destruction of Product

3.5.1 Any product under a Hold Order as specified in Section 3.2.1.2 and Section 3.2.1.3 in accordance with NRS Chapter 446 may be voluntarily destroyed by the operator of the retail outlet, distribution facility, and/or manufacturing facility.

3.5.1.1 The product shall be destroyed under the witness of a representative of the Health Authority, such as an EHS.

3.5.1.2 Any costs incurred by the Health Authority for witnessing the voluntary destruction of the product shall be paid to the Health Authority, in advance, by the operator of the retail outlet, distribution facility, and/or manufacturing facility who is voluntarily destroying the food.

3.6 Court Ordered Destruction of Product

3.6.1 Any product not destroyed voluntarily may be ordered to be destroyed by a court of competent jurisdiction under the provisions of NRS 585.250 to NRS 585.280.

3.6.1.1 Restitution of any Health Authority costs including time staff spent investigating, collecting, and processing the samples and preparing any NOV or correspondence, along with all laboratory and attorney’s fees shall be included in the request for a court order.

Contact Information

Phone: (702) 759-1258

 

Updated on: October 11, 2018

2018-10-11T15:25:38+00:00