760-1407 Examination, Embargo, and Condemnation

1. The Commissioner or any duly authorized representative may take, without payment, any item or any substance, used in connection with body art procedure(s), for the purpose of examination in connection with an investigation or inspection of the establishment.

2. The Commissioner or any duly authorized representative may, upon written notice to the owner or person in charge; place an embargo on any item, substance or thing, that is determined or that he/she has probable cause to believe is associated with the cause of an illness or infection, does not meet the requirements of the New York State Public Health Law, the new York State Sanitary Code, the Suffolk County Sanitary Code, or otherwise constitutes a danger or poses a potential threat to the public health.

3. It shall be unlawful for any person to remove or alter an embargo order, notice or tag placed on any item, substance or thing by the Department.  Such item, substance or thing shall not be altered, disposed of, or destroyed without permission of the Department, except by order of a court of competent jurisdiction.

4. The permit holder, or person in charge, shall have the opportunity to a hearing within fifteen (15) calendar days after the date of order of embargo. On the basis of evidence produced at such hearing, the Commissioner may vacate the hold order, or may, by written order, direct the permit holder, or person in charge of the item, substance or thing, which was placed under the hold order, to bring it into compliance with the provisions of the Article, or to destroy such item, substance or thing.

This section is too far reaching without any safeguards in place to protect establishments from unreasonable searches and seizures. We can imagine something that required only a minor modification be seized whereas a simple repair or change would correct the problem. A business could suffer financial hardship waiting for a hearing. It seems that little regards is given to the business. Either this needs further evaluation or those actions deemed necessary would claim other Sanitary Law enforcement.

These are personal views and opinions of Wes Wood and do not necessarily represent the views and opinions of Unimax Supply Co Inc.
Copyright 2006