Section 11-50-10 - Embargo and detention(a) Based upon the department's findings or other evidence, the director may embargo or detain any food determined to be a potential health hazard. (1) The department may attach a tag or other appropriate marking to food determined to be a 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embargoed or detained pursuant to this subsection shall not be moved or used unless the embargo or detainment has been rescinded;(3) Within seven days of the embargo or detainment, the director shall: (A) Extend the holding period for the period of time needed to further investigate the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) 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 FEB 24 2014] (Auth: HRS § 321-11) (Imp: HRS § 321-11)