§ 35-7-114 — Embargo

(a) If the director has probable cause to believe that any
food, drug, device, cosmetic or consumer commodity is
adulterated or so misbranded as to be dangerous or fraudulent,
within the meaning of this act, he shall affix a tag or other
appropriate marking to the article giving notice that the
article is or is suspected of being adulterated or misbranded
and has been embargoed. The director shall release all other
articles.
(b) If the director finds an article embargoed under
subsection (a) of this section to be adulterated or misbranded,
the director may immediately petition the district court for the
county in which the article is embargoed to condemn the article,
otherwise the tag or other marking shall be removed by the
director or his agent.
(c) If the court finds that an embargoed article is
adulterated or misbranded, the article, after entry of the
decree, shall be destroyed at the owner's expense, under the
supervision of the director or his agent. All court costs and
fees, transportation costs, and storage and other proper
expenses, shall be taxed against the owner of the article or his
agent unless the adulteration or misbranding can be corrected by
proper labeling or processing of the article. If so, the court,
after entry of the decree and after costs, fees and expenses
have been paid and a good and sufficient bond, conditioned that
the article shall be correctly labeled or processed, has been
executed, may by order direct delivery of the article to the
owner for labeling or processing under the supervision of the
director. The expense of supervision shall be paid by the
owner. The article shall be returned to the owner and the bond
shall be discharged on the representation to the court by the
director that the article is no longer in violation of this act
and that the expenses of supervision have been paid. Nothing in
this section prevents the director from authorizing the owner of
an adulterated or misbranded article from destroying it as the
director prescribes.