Section 4 — Public Notifications for Food Adulterated with Lead and Requested Testing of Food Product
4.1 Public and other notifications required
4.1.1 In addition to the signage, which is required to be posted at the location where the adulterated product has been located as per Sections 3.3.1.2 and 3.4.1.3; the public shall be notified by the Health Authority in the form of a press release for any occurrence where the Health Authority identified an adulterated product.
4.1.2 The Health Authority shall notify both the United States Food and Drug Administration (FDA) and the Nevada State Health Division whenever the Health Authority identifies an adulterated product.
4.2 Requested testing of products under a Hold Order
4.2.1 For any product under a Hold Order, the operator of the retail outlet, distribution facility and/or manufacturing facility may request that the Health Authority test an additional sample of the product after
4.2.1.1 The operator has provided the Health Authority with the corrective actions taken to eliminate the source of lead from the product and
4.2.1.2 The cost of any subsequent sampling and testing is borne by the operator of the retail outlet, distribution facility and/or manufacturing facility requesting the additional testing and be paid in advance of the testing.
4.2.2 The Health Authority shall select the product to be tested.
4.3 Results of additional product testing
4.3.1 If the product, following testing specified in Section 4.2, is found to be unadulterated, then the Health Authority shall provide the operator of the retail outlet, distribution facility, and/or manufacturing facility with a letter or other written notification that the product has been tested and determined to be unadulterated.
4.3.2 The letter or notification shall adivse the operator of the retail outlet, distribution facility, and/or manufacturing facility that the sale and distribution of the product within Clark County may resume.
4.3.3 If the product is found to remain adulterated after testing specified in Section 4.2, the operator of the retail outlet, distribution facility, and/or manufacturing facility may submit samples in the manner specified by Section 4.2. until such tests prove the product to be unadulterated.
4.4 Public posting of notices
4.4.1 The operator of the retail outlet, distribution facility and/or manufacturing facility shall not remove the notice posted as required by Sections 3.3.1.2 or 3.4.1.3 until the specified 30 days has expired or as otherwise specified by the Health Authority.
4.4.2 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.
4.4.3 The operator of the retail outlet, distribution facility and/or manufacturing facility may place an additional notice adjacent to the recall notice required by Section 3.3.1.2 or Section 3.4.1.3 that explains any subsequent actions taken by them and the results of any additional testing. This notice must be provided to the Health Authority prior to posting.
Updated on: October 11, 2018