(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.

(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.

(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.

(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.