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37.110.402    SAMPLING, HEARING, DISPOSAL

(1) Samples of food, beverage, or ingredient may be taken and examined by the health officer or sanitarian as often as may be necessary to determine freedom from adulteration or misbranding.

(2) The health officer may, on written notice to the operator, impound and forbid for sale any food or beverage which is adulterated or misbranded or which he has probable cause to believe to be adulterated or misbranded.

(3) After the operator has been given an opportunity for a hearing, the health officer may cause to be removed or destroyed any food or beverage which is adulterated or misbranded; provided that in case of misbranding which can be corrected by proper labeling, such food or beverage may be released to the operator for correct labeling under the supervision of the health officer.

History: Sec. 50-50-103, MCA; IMP, Sec. 50-50-103, MCA; Eff. 12/31/72; TRANS, from DHES, 2001 MAR p. 2423.

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