(a) (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) 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) 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) The Secretary shall have the immunity from liability described under § 5–633 of the Courts Article.
Maryland Legal Code