(1)Whenever a duly
authorized agent of the department finds or has probable cause to believe that any
food, drug, device, or cosmetic is adulterated or misbranded within the meaning of
this part 4, he shall affix to such article a tag or other appropriate marking giving
notice that such article is, or is suspected of being, adulterated or misbranded and
has been detained or embargoed and warning all persons not to remove or dispose
of such article by sale or otherwise until provision for removal or disposal is given
by the department or such agent or the court. No person shall remove or dispose of
such embargoed article by sale or otherwise without the permission of the
department or its agent or, after summary proceedings have been instituted,
without permission from the court.
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(1) Whenever a duly
authorized agent of the department finds or has probable cause to believe that any
food, drug, device, or cosmetic is adulterated or misbranded within the meaning of
this part 4, he shall affix to such article a tag or other appropriate marking giving
notice that such article is, or is suspected of being, adulterated or misbranded and
has been detained or embargoed and warning all persons not to remove or dispose
of such article by sale or otherwise until provision for removal or disposal is given
by the department or such agent or the court. No person shall remove or dispose of
such embargoed article by sale or otherwise without the permission of the
department or its agent or, after summary proceedings have been instituted,
without permission from the court. If the embargo is removed by the department or
by the court, neither the department nor the state shall be held liable for damages
because of such embargo in the event that the court finds that there was probable
cause for the embargo.
(2) When an article detained or embargoed under subsection (1) of this
section has been found by such agent to be adulterated or misbranded, he shall
petition the judge of the district court in whose jurisdiction the article is detained or
embargoed for an order for condemnation of such article. When such agent finds
that an article so detained or embargoed is not adulterated or misbranded, he shall
remove the tag or other marking.
(3) If the court finds that a detained or embargoed article is adulterated or
misbranded, such article shall, after entry of the decree, be destroyed at the
expense of the claimant thereof, under the supervision of such agent, and all court
costs and fees and storage and other proper expense shall be taxed against the
claimant of such article or his agent; except that, when the adulteration or
misbranding can be corrected by proper labeling or processing of the article, the
court, after entry of the decree and after such costs, fees, and expenses have been
paid and a good and sufficient bond, conditioned that such article shall be so
labeled or processed, has been executed, may by order direct that such article be
delivered to the claimant thereof for such labeling or processing under the
supervision of an agent of the department. The expense of such supervision shall be
paid by the claimant. Such bond shall be returned to the claimant of the article on
representation to the court by the department that the article is no longer in
violation of this part 4 and that the expenses of such supervision have been paid.
(4) Whenever the department or any of its authorized agents find in any
room, building, vehicle of transportation, or other structure any meat, seafood,
poultry, vegetable, fruit, or other perishable articles which are unsound or contain
any filthy, decomposed, or putrid substance or which may be poisonous or
deleterious to health or otherwise unsafe, the same being hereby declared to be a
nuisance, the department or its authorized agent shall forthwith condemn or
destroy the same or in any other manner render the same unsalable as human food.