§ 23-24-6. Embargoed articles — Condemnation and destruction.
(a) Whenever the director of the consumer protection unit of the department of attorney
general finds or has probable cause to believe that any article is a misbranded hazardous
substance or a banned hazardous substance or that it presents an electrical, mechanical,
or thermal hazard within the meaning of this chapter, the director shall order to
be affixed to the article a tag or other appropriate marking, giving notice that the
article is or is suspected of being misbranded or banned, or an electrical, mechanical,
or thermal hazard and has been detained or embargoed, and warning all persons not
to remove or dispose of the article by sale or otherwise until permission for removal
or disposal is given by the director or the court. It shall be unlawful for any person
to remove or dispose of any detained or embargoed article by sale or otherwise without
permission.
(b) When an article detained or embargoed under subsection (a) has been found by the director
to be misbranded or banned or an electrical, mechanical, or thermal hazard, the director
shall petition the proper judge of the court in whose jurisdiction the article is
detained or embargoed for a libel condemnation of the article; when the director has
found that an article detained or embargoed is not misbranded, banned, or an electrical,
mechanical, or thermal hazard, the director shall order the removal of the tag or
other marking.
(c) If the court finds that a detained or embargoed article is misbranded, banned, or
an electrical, mechanical, or thermal hazard, the article shall, after entry of the
decree, be destroyed at the expense of the claimant, under the supervision of the
director or his or her designee, and all court costs, fees and storage and other proper
expenses, shall be taxed against the claimant of the article or his or her agent;
provided, that when the misbranding or the electrical, mechanical, or thermal hazard
can be corrected, the court, after entry of the decree and after any costs, fees,
and expenses have been paid and a good and sufficient bond, conditioned that the article
has been properly corrected, has been executed, may by order direct that the article
be delivered to the claimant for the correction under the supervision of an agent
of the director of the consumer protection unit or his or her designee. The expense
of that supervision shall be paid by the claimant. The article shall be returned to
the claimant of the article on representation to the court by the director of the
consumer protection unit that the article is no longer in violation of this chapter
and that the expenses of supervision have been paid.