§ 21-254

(a) (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) 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) 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) The Secretary shall have the immunity from liability described under § 5–633 of the Courts Article.