§ 11-17-208 — Warning to distributor; seizure and order of disposition; application for release; hearing

Wyoming § 11-17-208

• Jurisdiction: Wyoming
• Title 11: Agriculture, Livestock and Other Animals
• Ch. 17: LIVESTOCK REMEDIES
• Art. 2: ANIMAL REMEDIES

Text

(a) When the director or his authorized agent finds that
an animal remedy is mislabeled, misbranded or adulterated, or
that it does not conform to its label guarantee, he may issue a
written statement warning the distributor or registrant that the
animal remedy is considered to be in violation of the law. This
statement is a warning only to the distributor or registrant
that if the animal remedy is distributed further the director
may pursue further action. If the distributor, registrant or
manufacturer heeds the warning and corrects the violation within
the time allowed by the director, no further action shall be
taken.
(b) If it appears that any manufacturer, distributor,
registrant or any other person responsible for animal remedies
has not corrected the reason for the warning in subsection (a)
of this section or has violated this article, the director shall
cause notice to be given to the manufacturer, distributor,
registrant or person that a hearing will be had at a date and
place named in the notice. The director or his authorized agent
shall hold a hearing in accordance with the Wyoming
Administrative Procedure Act. If the manufacturer, distributor,
registrant or person fails to appear at the time and place
designated in the notice, the director or his authorized agent
shall conduct the hearing as though the manufacturer,
distributor, registrant or person were present. If it is
established by the hearing to the satisfaction of the director
that prosecution is warranted the director shall provide to the
Wyoming attorney general:
(i) A certification of the facts;
(ii) An official report of the result of the hearing;
and
(iii) A copy of the analysis or other examination
which bears on the case.
(c) Any lot of an animal remedy not in compliance with
requirements of laws or regulations is subject to seizure on
complaint of the director to a court of competent jurisdiction
in the county in which the animal remedy is located. If the
court finds the animal remedy in violation and orders the
condemnation of the animal remedy, it shall be disposed of in
any manner consistent with the quality of the animal remedy and
the laws of Wyoming. In no instance shall the disposition of
the animal remedy be ordered by the court without first giving
the manufacturer, distributor or registrant an opportunity to
apply to the court for release of the animal remedy or for
permission to process or relabel the animal remedy to bring it
into compliance with the law.