Indiana § 16-42-1-31 Destruction of adulterated or misbranded products; expenses

Indiana Statutes

§ 16-42-1-31 — Destruction of adulterated or misbranded products; expenses

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

(a)If the court finds that detained or embargoed merchandise is adulterated or misbranded, the merchandise must, after entry of the judgment or decree, be destroyed at the expense of the claimant, under the supervision of the state department.

(b)All:

(1)court costs and fees; and

(2)storage and other proper expenses; shall be taxed against the claimant of the merchandise or the claimant's agent.

(c)If the adulteration or misbranding of merchandise can be corrected by proper labeling or processing of the merchandise, the court may order the merchandise to be delivered to the claimant for labeling or processing under the supervision of the state department under the following conditions:

(1)After entry of the decree or judgment.

(2)After costs, fees, and expenses have been paid.

(3)A

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(a) If the court finds that detained or
embargoed merchandise is adulterated or misbranded, the merchandise
must, after entry of the judgment or decree, be destroyed at the expense
of the claimant, under the supervision of the state department.
(b) All:
(1) court costs and fees; and
(2) storage and other proper expenses;
shall be taxed against the claimant of the merchandise or the claimant's
agent.
(c) If the adulteration or misbranding of merchandise can be
corrected by proper labeling or processing of the merchandise, the
court may order the merchandise to be delivered to the claimant for
labeling or processing under the supervision of the state department
under the following conditions:
(1) After entry of the decree or judgment.
(2) After costs, fees, and expenses have been paid.
(3) After sufficient bond, conditioned that the merchandise be so
labeled or processed, is executed.
The expense of the supervision of labeling and processing shall be paid
by the claimant. The bond shall be returned to the claimant of the
merchandise on representation to the court by the state health
commissioner or the commissioner's legally authorized agent that the
merchandise no longer violates IC 16-42-1 through IC 16-42-4 and that
the expenses of supervision by the state department have been paid.
[Pre-1993 Recodification Citation: 16-1-28-35.]

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