§ 16-42-1-18 — Embargo or detention of adulterated or misbranded merchandise; tagging or marking

(a) Whenever a duly authorized agent of the
state department finds or has probable cause to believe that any food,
drug, device, or cosmetic is:
(1) adulterated; or
(2) so misbranded as to be dangerous or fraudulent;
within the meaning of IC 16-42-1 through IC 16-42-4, the state health
commissioner or the commissioner's legally authorized agent shall affix
to the merchandise a tag or other appropriate marking as described in
subsection (b).
(b) The tag or marking required in subsection (a) must do the
following:
(1) Give notice that the merchandise is or is suspected of being
adulterated or misbranded.
(2) Give notice that the merchandise has been detained or
embargoed as follows:
(A) Not more than fifteen (15) days in the case of food.
(B) Ten (10) days in the case of drugs and cosmetics.
(3) Contain a warning to all persons not to remove or dispose of
the merchandise by sale or otherwise until permission for removal
or disposal is given by the state department or the court.
(c) A person may not remove or dispose of detained or embargoed
merchandise by sale or otherwise without permission of the state
department or the court.
(d) The claimant may, under the supervision of the state department,
destroy the detained merchandise.
(e) If the state department finds that merchandise that has been
detained or embargoed is not adulterated or misbranded, the state
department shall remove the tag or marking.
[Pre-1993 Recodification Citation: 16-1-28-22.]

Legislative History

As added by P.L.2-1993, SEC.25. Amended by P.L.149-2017, SEC.9.