3503.1 A duly authorized agent of the Department may embargo and forbid the sale of, or cause to be destroyed, any food it finds or has probable cause to believe:

1. (a) May be unsafe, adulterated, or not honestly presented;
2. (b) Is not prepared, processed, handled, packaged, transported, held, or stored in compliance with this Code;
3. (c) Originated from an unapproved source;
4. (d) Is not labeled according to law, or if raw molluscan shellfish, is not tagged or labeled, and documented and recorded as specified in chapter 24; or
5. (e) Is otherwise not in compliance with this Code.

3503.2 The Department shall permit storage of the embargoed food under conditions specified in section 3506.2, unless storage is not possible without risk to the public health, in which case immediate destruction shall be ordered and accomplished.

SOURCE: Final Rulemaking published at 56 DCR 5245 (July 3, 2009).