1. (a)

   1. (1) For purposes of this section, an “immediate threat” exists if any meat, seafood, poultry, vegetable, fruit, or any other perishable substance that is intended for consumption as food:

      1. (i) Contains any filthy, decomposed, or putrid substance;
      2. (ii) Is poisonous or otherwise would be injurious to health if consumed; or
      3. (iii) Is otherwise unsafe.
   2. (2) If a food poses an immediate threat, it shall be considered a public nuisance.
2. (b) If the Secretary finds that a food poses an immediate threat, the Secretary immediately shall destroy the food or otherwise make the food unusable for consumption by human beings.
3. (c) The owner of a substance that is destroyed or otherwise made unusable under this section may bring a suit for damages against the Secretary.
4. (d) The Secretary shall have the immunity from liability described under § 5-633 of the Courts Article.

Added as Health-Environmental § 4-254 by Acts 1982, c. 240, § 2, eff. July 1, 1982. Transferred to Health-General § 21-254 by Acts 1987, c. 306, § 2, eff. July 1, 1987. Amended by Acts 1988, c. 6, § 11, eff. July 1, 1988; Acts 1990, c. 546, §§ 1, 3, eff. Oct. 1, 1990; Acts 1997, c. 14, § 20, eff. April 8, 1997.

Formerly Art. 43, § 187E.