(A) It shall be unlawful for any person to sell, through a retail food establishment, mobile food establishment, temporary food establishment or vending machine, any food which is unwholesome, adulterated or misbranded, as provided in the state’s Food, Drug and Cosmetic Act, I.C. 16-42 et seq.
(B) (1) 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.
(2) The Health Officer may, on written notice to the owner or operator, impound and forbid the sale of any food which is unwholesome, adulterated or misbranded, or which he or she has probable cause to believe is unfit for human consumption, unwholesome, adulterated or misbranded; provided, that in the case of misbranding which can be corrected by proper labeling, such food may be released to the operator for correct labeling under the supervision of the Health Officer.
(3) The Health Officer may also cause to be removed or destroyed any dairy product, meat, meat product, seafood, poultry, poultry product, confectionery, bakery product, vegetable, fruit or other perishable articles which in his or her opinion are unsound, or contain any filthy, decomposed or putrid substance or that may be poisonous or deleterious to health or otherwise unsafe.
(Ord. 96-5-1, passed 5-21-1996) Penalty, see § 110.99