§ 6813 — Seizure: 1

§ 6813. Seizure: 1. Any drug, device or cosmetic that is adulterated,\nmisbranded or may not be sold under the provisions of this chapter, may\nbe seized on petition or complaint of the board and condemned in the\nsupreme court of any county in which it is found. Seizure shall be made:\n a. by process pursuant to the petition or complaint, or\n b. if the secretary or other officer designated by him has probable\ncause to believe that the article\n (1) is one which may not be sold under the provisions of section\nsixty-eight hundred seventeen of this chapter, or\n (2) is adulterated, or\n (3) is so misbranded as to be dangerous to health.\nThe article shall be seized by order of such officer. The order shall\ndescribe the article to be seized, the place where the article is\nlocated, and the officer or employee making the seizure. The officer, in\nlieu of taking actual possession, may affix a tag or other appropriate\nmarking to the article giving notice that the article has been\nquarantined and warning all persons not to remove or dispose of it by\nsale or otherwise until permission for removal or disposal is given by\nthe officer or the court. In case of seizures or quarantine, pursuant to\nsuch order, the jurisdiction of such court shall attach upon such\nseizure or quarantine, and a petition or complaint for condemnation\nshall be filed promptly.\n 2. The procedure for cases under this section shall conform as much as\npossible to the procedure for attachment. Any issue of fact joined in\nany case under this section shall be tried by jury on the demand of\neither party. The court at any time after seizure and up to the time of\ntrial shall allow by order any party or his agent or attorney to obtain\na representative sample of the condemned material, a true copy of the\nanalysis on which the proceeding was based, and the identifying marks or\nnumbers, if any, on the packages from which the samples analyzed were\nobtained.\n 3. Any drug, device or cosmetic condemned under this section shall be\ndisposed of by destruction or sale as the court may direct after the\ndecree in accordance with the provisions of this section. The proceeds\nof the sale, if any, shall be paid into the state treasury after\ndeduction for legal costs and charges. However, the drug, device or\ncosmetic shall not be sold contrary to the provisions of this article.\nAfter entry of the decree, if the owner of the condemned articles pays\nthe costs of the proceeding and posts a sufficient bond as security that\nthe articles will not be disposed of contrary to the provisions of this\narticle, the court may by order direct that the seized articles be\ndelivered to the owner to be destroyed or brought into conformance with\nthis article under supervision of the secretary. The expenses of the\nsupervision shall be borne by the person obtaining the release under\nbond. Any drug condemned by reason of its being a new drug which may not\nbe sold under this article shall be disposed of by destruction.\n 4. When the decree of condemnation is entered, court costs and fees,\nstorage and other expense shall be awarded against the person, if any,\nintervening as claimant of the condemned articles.\n 5. In any proceeding against the board, or the secretary, or an agent\nof either, because of seizure, or quarantine, under this section, the\nboard, or the secretary, or such agent shall not be liable if the court\nfinds that there was probable cause for the acts done by them.\n