It shall be unlawful for any person to sell through a retail food establishment, temporary food establishment, mobile retail food establishment, vending machine, or bed and breakfast establishment any food that is unwholesome, adulterated, or misbranded as provided in the State Food, Drug, and Cosmetic Act, I.C. 16-42-1 through 4 and 410 I.A.C. 7-5.
(A) Samples of food may be taken and examined by the Health Officer as often as may be necessary to determine freedom from contamination, adulteration, or misbranding.
(B) Any dairy product, meat, meat product, seafood, poultry, confectionery, bakery product, vegetable, fruit, or other perishable article:
(1) That is unsound;
(2) That contains any filthy, decomposed, or putrid substance; or
(3) That may be poisonous or deleterious healthy or otherwise unsafe; constitutes a nuisance.
(C) Whenever the Health Officer finds, in any room, building, vehicle of transportation, or other structure; or on any premises, perishable food or food product which constitutes a nuisance under this section, the Health Officer shall condemn or destroy the food or food product or in any other manner make the food or food product unsaleable as human food.
(Prior Code, § 114.22) (Ord. 0-01-0004, passed 2-12-2001) Penalty, see § 10.999
Statutory reference:
Related provisions, see I.C. 16-42-2-6