(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 Food, Drug, and Cosmetic Act, I.C. 16-42-1-1 through 16-42-1-35.
(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, such 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. 1998-06, passed 4-6-1998) Penalty, see § 111.99