§ 25-5-506 — Embargo and seizure

(1) Whenever a duly authorized agent of
the department finds or has probable cause to believe that any hazardous
substance is misbranded or is a banned hazardous substance within the meaning of
this part 5, he shall affix to such article a tag or other appropriate marking, giving
notice that such article is, or is suspected of being, misbranded or is a banned
hazardous substance and has been detained or embargoed and warning all persons
not to remove or dispose of such article by sale or otherwise until permission for
removal or disposal is given by such agent or the district court.

(2) When an article detained or embargoed under subsection (1) of this
section has been found by such agent to be misbranded or a banned hazardous
substance, he shall petition the district court in whose jurisdiction the article is
detained or embargoed for an order for condemnation of such article. When such
agent has found that an article so detained or embargoed is not misbranded or is
not a banned hazardous substance, he shall remove the tag or other marking.

(3) If the court finds that a detained or embargoed article is misbranded or is
a banned hazardous substance, such article shall, after entry of the decree, be
destroyed at the expense of the claimant thereof, under supervision of the agent,
and all court costs and fees and storage and other proper expenses shall be taxed
against the claimant of such article or his agent; except that, when the misbranding
can be corrected by proper labeling 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, has been
executed, may by order direct that such article be delivered to the claimant thereof
for such labeling under the supervision of an agent of the department. The expense
of such supervision shall be paid by the claimant. The article shall be returned to
the claimant on the representation to the court by the executive director that the
article is no longer in violation of this part 5 and that the expenses of such
supervision have been paid.

Legislative History

Source: L. 73: R&RE, p. 703, � 1. C.R.S. 1963: � 66-21-6.