1914

LAWS OF MARYLAND

Ch. 240

without substantive change from former Article
43, § 187E(b), (c), and the first sentence of
(a).

Throughout this section, the former references to
an "embargoed" article are deleted as unnecessary
in light of the references to the detainment of
and the restriction on the removal of an article.

The last sentence of former Article 43, §
187E(a), which expressly stated that it is
unlawful to remove or dispose of a detained
article, now appears among the enumerated
prohibited acts under § 4-256 of this subtitle.

4-254. 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)  BURDEN OF PROOF; DAMAGES.

(1) THE SECRETARY SHALL BE LIABLE UNDER THIS
SUBSECTION ONLY IF THE OWNER CAN PROVE BY A PREPONDERANCE OF
EVIDENCE THAT, AT THE TIME OF THE ACTION TAKEN AGAINST THE
SUBSTANCE, THE SUBSTANCE DID NOT POSE AN IMMEDIATE THREAT.