2010 Maryland Code
HEALTH - GENERAL
TITLE 21 - FOOD, DRUGS, AND COSMETICS
Subtitle 2 - Maryland Food, Drug, and Cosmetic Act
Section 21-254 - Action against food that poses immediate threat.

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(e)  Exclusion from personal liability.- Repealed. 

(f)  Limited waiver of sovereign immunity.- Repealed. 
 

[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.]