§ 19-02.1-04 — Penalties and guaranty

North Dakota § 19-02.1-04

• Jurisdiction: North Dakota
• Title 19: Foods, Drugs, Oils, and Compounds
• Ch. 19-02.1: North Dakota Food, Drug, and Cosmetic Act

Text

1. Any person who violates any of the provisions of subsections 1 through 16 of section
19-02.1-02 is guilty of a class B misdemeanor.
2. No person shall be subject to the penalties of subsection 1, for having violated
subsection 1 or 3 of section 19-02.1-02 if the person established a guaranty or
undertaking signed by, and containing the name and address of, the person residing in
the state of North Dakota from whom the person received in good faith the article, to
the effect that such article is not adulterated or misbranded within the meaning of this
chapter, designating this chapter.
3. No publisher, radio-broadcast licensee, or agency or medium for the dissemination of
an advertisement, except the manufacturer, packer, distributor, or seller of the article to
which a false advertisement relates, shall be liable under this section by reason of the

dissemination by the person of such false advertisement, unless the person has
refused, on the request of the department, to furnish the department the name and
post-office address of the manufacturer, packer, distributor, seller, or advertising
agency residing in the state of North Dakota who caused the person to disseminate
such advertisement.
4. Repealed by S.L. 1971, ch. 235, § 49.
19-02.1-05. Seizure.
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 so misbranded as to
be dangerous or fraudulent, within the meaning of this chapter, the authorized agent
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 permission for removal or disposal is given by such agent or the
court. It is unlawful for any person to remove or dispose of such detained or
embargoed article by sale or otherwise without such permission.
2. When an article detained or embargoed under subsection 1 has been found by such
agent to be adulterated or misbranded, the authorized agent shall petition the judge of
the district court in the county in which the article is detained or embargoed for a libel
for condemnation of such article. When such agent has found that an article so
detained or embargoed is not adulterated or misbranded, the authorized agent shall
remove the tag or other marking.
3. If the court finds that a detained or embargoed article is adulterated or misbranded,
such article must, 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 expenses, must be taxed against the claimant of such
article or the claimant's agent; provided, that when the adulteration or misbranding can
be corrected by proper labeling or processing of the article, the court, after entry of the
decrees and after such costs, fees, and expenses have been paid and a good and
sufficient bond, conditioned that such article must 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 must be paid by the claimant. Such
must be returned to the claimant of the article on the representation to the court by the
department that the article is no longer in violation of this chapter, and that the
expenses of such supervision have been paid.
4. Whenever an authorized agent of the department finds 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 that may be poisonous or deleterious to health or otherwise
unsafe, the same being hereby declared to be a nuisance, the department's authorized
agent shall forthwith condemn or destroy the same, or in any other manner render the
same unsalable as human food.
5. Any person, firm, corporation, or limited liability company having an interest in the
alleged article, equipment, or other thing proceeded against, or any person, firm,
corporation, or limited liability company against whom a civil or criminal liability would
exist if said merchandise is in violation of section 19-02.1-02 may, within twenty days
following the seizure, appear and file answer to the complaint. The answer must allege
the interest or liability of the party filing it. In all other respects, the issue must be made
up as in other civil actions.
6. Any article, equipment, conveyance, or other thing condemned under this section
must, after entry of the decree, be disposed of by destruction or sale as the court may,
in accordance with the provisions of this section, direct and the proceeds thereof, if
sold, less the legal costs and charges, must be paid to the treasurer of the state; but

such article, equipment, or other thing may not be sold under such decree contrary to
provisions of this chapter.
7. Whenever in any proceedings under this section the condemnation of any equipment
or conveyance or other thing, other than a drug, is decreed, the court shall allow the
claim of any claimant, to the extent of such claimant's interest, for remission or
mitigation of such forfeiture if such claimant proves to the satisfaction of the court all of
the following:
a. The claimant has not committed or caused to be committed any prohibited act
referred to in chapter 19-03.1 and has no interest in any drug or controlled
substance referred to therein.
b. The claimant has an interest in such equipment, or other thing as owner or lienor
or otherwise, acquired by the claimant in good faith.
c. The claimant at no time had any knowledge or reason to believe that such
equipment, conveyance, or other thing was being or would be used in, or to
facilitate, the violation of the laws of this state relating to depressant, stimulant, or
hallucinogenic drugs or counterfeit drugs.
8. When a decree of condemnation is entered against the article, equipment,
conveyance, or other thing, court costs and fees and storage and other proper
expenses must be awarded against the person, if any, intervening as claimant of the
article.