(A) It shall be unlawful for any person to sell through a food establishment, mobile food establishment, temporary food establishment, bed and breakfast establishment or vending machine, any food which is unwholesome, adulterated or misbranded as provided in the State Food, Drug and Cosmetic Act, I.C. 16-42-1-1 et seq.
(B) Samples of food may be taken and examined by the Health Inspector as often as may be necessary to determine freedom from contamination, adulteration or misbranding. The Health Inspector may 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, the food may be released to the operator for correct labeling under the supervision of the Health Inspector. The Health Inspector may also cause to be removed or destroyed any dairy products, meat, meat product, seafood, poultry, poultry product, confectionery, bakery product, vegetable, fruit or other perishable articles which in the Health Inspector’s opinion are unsound, or contain any filthy, decomposed or putrid substance, or that may be poisonous or deleterious to health or otherwise unsafe.
(Ord. O-C-02-4, passed 10-7-2002) Penalty, see § 111.99