(1)It is the duty of the department of public health
and environment to enforce this part 1, and, for that purpose, the department has
full power at all times to enter every such building, room, basement, enclosure, or
premises occupied or used or suspected of being occupied or used for the
production, preparation, or manufacture for sale, or the storage, sale, distribution,
or transportation of such food, to inspect the premises and all utensils, fixtures,
furniture, and machinery used pursuant to the provisions of this subsection (1). Any
refusal to permit such inspection shall be deemed a violation of this part 1. If upon
inspection any such food producing or distributing establishment, conveyance, or
employer, employee, clerk, driver, or other person is found to be violating
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(1) It is the duty of the department of public health
and environment to enforce this part 1, and, for that purpose, the department has
full power at all times to enter every such building, room, basement, enclosure, or
premises occupied or used or suspected of being occupied or used for the
production, preparation, or manufacture for sale, or the storage, sale, distribution,
or transportation of such food, to inspect the premises and all utensils, fixtures,
furniture, and machinery used pursuant to the provisions of this subsection (1). Any
refusal to permit such inspection shall be deemed a violation of this part 1. If upon
inspection any such food producing or distributing establishment, conveyance, or
employer, employee, clerk, driver, or other person is found to be violating any of the
provisions of this part 1, or if the production, preparation, manufacture, packing,
storage, sale, distribution, or transportation of such food is being conducted in a
manner detrimental to the health of the employees and operatives or to the
character or quality of the food therein produced, prepared, manufactured, packed,
stored, sold, distributed, or conveyed, the department of public health and
environment shall issue a written order to the person, firm, or corporation
responsible for the violation or condition to abate such condition or violation or to
make such changes or improvements as may be necessary to abate them within a
reasonable time. Notice of such order may be served by delivering a copy thereof to
said person, firm, or corporation or by sending a copy thereof by registered mail,
and the receipt thereof through the post office shall be prima facie evidence that
notice of said order has been received.
(2) Such person, firm, or corporation has the right to appear in person or by
attorney before the department of public health and environment, or the person
appointed by it for such purpose, within the time limited in the order and shall be
given an opportunity to be heard and to show why such order or instructions should
not be obeyed. Such hearing shall be under such rules and regulations as may be
prescribed by the department. If after such hearing it appears that the provisions or
requirements of this part 1 have not been violated, said order shall be rescinded. If it
appears that the requirements or provisions of this part 1 are being violated and
that the person, firm, or corporation notified is responsible therefor, said previous
order shall be confirmed or amended, as the facts shall warrant, and shall
thereupon be final, but such additional time as is necessary may be granted within
which to comply with said final order. If such person, firm, or corporation is not
present or represented when such final order is made, notice thereof shall be given
as provided in subsection (1) of this section. Upon failure of the parties to comply
with the first order of the department within the time prescribed when no hearing is
demanded or upon failure to comply with the final order within the time specified,
the department of public health and environment shall certify the facts to the
district attorney of the county in which such violation occurred, and such district
attorney shall proceed against the parties for the fines and penalties provided by
this part 1 and also for the abatement of the nuisance. The proceedings prescribed
in this section for the abatement of nuisance as defined in section 25-4-106 shall
not in any manner relieve the violator from prosecution in the first instance for any
such violation or from the penalties for such violation prescribed by section 25-4-111.