Sec. 13-2. Spoiled, diseased, adulterated or misbranded foodstuffs.
 
Whenever any health officer, sanitary officer, police officer 
or other officer of the joint health board shall find in any 
food establishment or other place any rotten, diseased, unwholesome, 
adulterated or misbranded foodstuffs, substances 
or articles intended for human food or drink, it shall 
be the duty of such officer to notify the owner, manager or 
person in charge of such articles to remove such foodstuffs 
or articles to some proper place and destroy the same in the 
presence of such officer, or such officer may seize such foodstuffs 
or articles and destroy them; provided, that such officer 
may retain any amount desired for examination or use 
as evidence in any prosecution under this section. All containers 
in which spoiled food has been placed shall be thoroughly 
cleansed before a second use. (Code 1959, § 13-2.)