All citizen complaints received about food establishments are investigated by Sanitary Inspectors. When a valid complaint is found, actions are taken to assure abatement of the condition in compliance with the State Sanitary Code. If these conditions are not corrected, summonses may be issued and court action will follow. Court Actions Court action, when taken, is done as a means of last resort. When all other attempts at gaining compliance have failed, we are forced to turn to the legal system for assistance.
Several situations warrant court action.
The most serious is when an imminent potential health hazard is found to exist in a food establishment and the proprietor refuses to voluntarily close the operation until the potential hazard is abated. The Sanitary Inspector must convince the judge that the potential hazard is imminent and that a court order should be issued to close the establishment. A summons, leading to a court appearance, is issued after the owner of an establishment fails to bring it into substantial compliance with our laws after repeated inspections. The municipality in which the violation occurred retains any monies recovered in municipal court. Embargo Steps are taken to prevent adulterated and contaminated food from being served to the public.