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§ 5-633. Immediate threats to meat, seafood, poultry, vegetables, fruit, or other food

West's Annotated Code of MarylandCourts and Judicial Proceedings

West's Annotated Code of Maryland
Courts and Judicial Proceedings
Title 5. Limitations, Prohibited Actions, and Immunities (Refs & Annos)
Subtitle 6. Immunities and Prohibited Actions--Health and Public Safety (Refs & Annos)
MD Code, Courts and Judicial Proceedings, § 5-633
§ 5-633. Immediate threats to meat, seafood, poultry, vegetables, fruit, or other food
Currentness
Immediate threat within section
(a) 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:
(1) Contains any filthy, decomposed, or putrid substance;
(2) Is poisonous or otherwise would be injurious to health if consumed; or
(3) Is otherwise unsafe.
Substances not posing an immediate threat
(b)(1) The Secretary of Health shall be liable under § 21-254 of the Health-General Article only if the owner can prove by a preponderance of evidence that, at the time of the action taken against the substance, the substance did not pose an immediate threat.
(2) Any liability under § 21-254 of the Health-General Article shall be limited to the market value of the substance as of the time the action was taken against the substance.
Right of action created by § 21-254 of the Health-General Article
(c) The right of action created by § 21-254 of the Health-General Article lies only against the Secretary of Health in the Secretary's official capacity, and the Secretary shall have no personal liability for the payment of any judgment that is entered in any action brought under § 21-254 of the Health-General Article.
Waiver of sovereign immunity by the State
(d) Under § 21-254 of the Health-General Article, the State waives its sovereign immunity to the extent of the right of action that is expressly created, but in no further or other respect.

Credits

Added as Courts and Judicial Proceedings § 5-376 by Acts 1990, c. 546, § 3. Renumbered as Courts and Judicial Proceedings § 5-633 by Acts 1997, c. 14, § 9, eff. April 8, 1997. Amended by Acts 2017, c. 62, § 6.
MD Code, Courts and Judicial Proceedings, § 5-633, MD CTS & JUD PRO § 5-633
Current through legislation effective through April 9, 2023, from the 2024 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
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