Indiana § 16-42-1-23 Election to divide libeled merchandise into lots; dismissal as to
particular lots; consent to destruction of particular lots

Indiana Statutes

§ 16-42-1-23 — Election to divide libeled merchandise into lots; dismissal as to particular lots; consent to destruction of particular lots

Indiana·Title 16 HEALTH·Art. 42 REGULATION OF FOOD, DRUGS, AND·Ch. 1 Uniform Food, Drug, and Cosmetic Act: General

(a)At any time before trial, the defense may file with the court a written election to divide into lots the merchandise that is alleged to be adulterated or misbranded. Each of the lots must be described in the written election in such a way as to enable them to be distinguished.

(b)If different parties are defending as to separate lots, the court shall proceed to docket as many separate actions as there are separate defendants.

(c)The state department may dismiss as to any lot without prejudice to the proceeding against all other lots in the same seizure. Those defending may consent to the destruction of any lot without prejudice to their right to defend against the condemnation of all other lots in the same seizure. [Pre-1993 Recodification Citation: 16-1-28-27.]

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(a) At any time before trial, the defense may
file with the court a written election to divide into lots the merchandise
that is alleged to be adulterated or misbranded. Each of the lots must
be described in the written election in such a way as to enable them to
be distinguished.
(b) If different parties are defending as to separate lots, the court
shall proceed to docket as many separate actions as there are separate
defendants.
(c) The state department may dismiss as to any lot without prejudice
to the proceeding against all other lots in the same seizure. Those
defending may consent to the destruction of any lot without prejudice
to their right to defend against the condemnation of all other lots in the
same seizure.
[Pre-1993 Recodification Citation: 16-1-28-27.]

Indiana § 16-42-1-23 (Election to divide libeled merchandise into lots; dismissal as to particular lots; consent to destruction of particular lots) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.