San Marcos Municipal Code Art. VIII Destruction of Spoiled Food

The Department of Health Services is authorized and empowered by this chapter to make inspections from time to time of lobsters, crawfish, shellfish, meat, meat food products and all other foodstuffs within the City, at such times and in such a manner as may be reasonable and necessary or advisable for protecting the public health and shall, after inspection, seize, condemn and destroy any and all lobsters, crawfish, shellfish, meat, meat food products and other foodstuffs appearing to said Department of Health Services to be unfit for human consumption.

It is unlawful for any person, or the agent or employee of any person, to sell or exchange for other things of value within the City any lobster, crawfish or shellfish, or to have in their possession for the purpose of preparing same for human consumption any lobster, crawfish or shellfish that does not show conclusive signs of life immediately before the preparation thereof in any manner as food for human consumption.

Whenever it appears to the satisfaction of the Department of Health Services that any lobster, crawfish, or shellfish does not show conclusive signs of life immediately preceding the preparation thereof as food for human consumption, or that any lobster, crawfish or shellfish or parts thereof may be unfit for human food, or that the same is offered for sale contrary to the provisions of this chapter, such lobster, crawfish or shellfish and all parts thereof shall be subject to confiscation by the Department of Health Services or subjected to such treatment as shall satisfy the Department of Health Services that such lobster, crawfish, shellfish or parts thereof cannot thereafter be sold for human consumption in any manner whatsoever.

It is unlawful for any person to have in his possession, to bring into or cause to be brought into the City, any meat, meat food products, foodstuffs containing meat, or lobsters, crawfish and shellfish, unless such meat, meat food products, foodstuffs containing meat, or lobsters, crawfish and shellfish bear the inspection seal for the Department of Agriculture, State of California, or of the United States Department of Agriculture, Federal Meat Inspection Service. The presence of such meat, meat food products, foodstuffs containing meat, or lobsters, crawfish and shellfish in the City is declared to be a nuisance and inimical to public health.