§ 21-254. Action against food that poses immediate threat

   (a) Immediate threat. --

   (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:

      (i) Contains any filthy, decomposed, or putrid substance;

      (ii) Is poisonous or otherwise would be injurious to health if consumed; or

      (iii) Is otherwise unsafe.

   (2) If a food poses an immediate threat, it shall be considered a public nuisance.

(b) Duty of Secretary. -- 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.

(c) Right of action. -- The owner of a substance that is destroyed or otherwise made unusable under this section may bring a suit for damages against the Secretary.

(d) Liability of Secretary. -- The Secretary shall have the immunity from liability described under § 5-633 of the Courts and Judicial Proceedings Article.

(e) Exclusion from personal liability. -- Repealed.

(f) Limited waiver of sovereign immunity. -- Repealed.

HISTORY: An. Code 1957, art. 43, § 187E; 1982, ch. 240, § 2; 1987, ch. 306, § 2; 1988, ch. 6, § 1; 1990, ch. 546, § 1, 3; 1997, ch. 14, § 20.