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It shall be unlawful for any person to sell through a retail food establishment, temporary food establishment, mobile retail food establishment, vending machine, or bed and breakfast establishment, any food that is unwholesome, adulterated, or misbranded as provided in the Indiana Food, Drug and Cosmetic Act (IC 16-42-1 through 16-42-4 and 410 IAC 7-5).

A. Samples of food may be taken and examined by the regulatory authority as often as may be necessary to determine freedom from contamination, adulteration, or misbranding. Any dairy product, meat, meat product, seafood, poultry, confectionery, bakery product, vegetable, fruit, or other perishable article that is unsound, that contains any filthy, decomposed, or putrid substance, or that may be poisonous, deleterious to health or otherwise unsafe constitutes a nuisance.

B. Whenever the State Health Commissioner or the Commissioner’s authorized agent finds in any room, building, vehicle of transportation, or other structure, or on any premises perishable food or food product, which constitutes a nuisance under this section, the State Health Commissioner or the Commissioner’s authorized agent shall destroy the food or food product. (IC 16-42-2-6.) [Ord. 9-6-00D § 9.]