§ 23-24.2-6. Embargoed articles — Condemnation and destruction.
(a) Whenever the consumer protection unit of the department of attorney general finds
or has probable cause to believe that any product, fabric, or related material fails
to conform to an applicable standard under the provisions of § 23-24.2-4, the consumer protection unit of the department of attorney general shall affix to
that article a tag or other appropriate marking, giving notice that the article is
or is suspected of being not in conformity with applicable standards promulgated under
the provisions of § 23-24.2-4 and has been detained or embargoed, and warning all persons not to remo
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§ 23-24.2-6. Embargoed articles — Condemnation and destruction.
(a) Whenever the consumer protection unit of the department of attorney general finds
or has probable cause to believe that any product, fabric, or related material fails
to conform to an applicable standard under the provisions of § 23-24.2-4, the consumer protection unit of the department of attorney general shall affix to
that article a tag or other appropriate marking, giving notice that the article is
or is suspected of being not in conformity with applicable standards promulgated under
the provisions of § 23-24.2-4 and has been detained or embargoed, and warning all persons not to remove or dispose
of that article by sale or otherwise until permission for removal or disposal is given
by the consumer protection unit of the department of attorney general under the court.
It shall be unlawful for any person to remove or dispose of any detained or embargoed
article by sale or otherwise without that permission.
(b) When an article detained or embargoed under subsection (a) has been found by the consumer
protection unit of the department of attorney general to be not in conformity with
standards under the provisions of § 23-24.2-4, the consumer protection unit of the department of attorney general shall petition
the proper judge of the court in whose jurisdiction the article is detained or embargoed
for libel condemnation of the article. When the consumer protection unit of the department
of attorney general has found that this detained or embargoed article is in conformity
with standards under the provisions of § 23-24.2-4, the consumer protection unit of the department of attorney general shall remove
the tag or other marking.
(c) If the court finds that a detained or embargoed article is not in conformity with
standards under the provisions of § 23-24.2-4, the article shall, after entry of the decree, be destroyed at the expense of its
claimant, under the supervision of the consumer protection unit of the department
of attorney general, 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 article not in conformity with standards under the provisions of § 23-24.2-4 can be corrected, the court, after entry of the decree and after the 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 its claimant for correction under the supervision of the consumer
protection unit of the department of attorney general. The expense of the 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 consumer protection unit of the department
of attorney general that the article is no longer in violation of this chapter and
that the expenses of supervision have been paid.