126.6 - EMBARGO.
126.6 EMBARGO.
1. If a duly authorized agent of the board finds, or has probable
cause to believe, that a drug, device, or cosmetic is adulterated or
so misbranded as to be dangerous or fraudulent, within the meaning of
this chapter, or is in violation of section 126.12, the agent shall
affix to the article a tag or other appropriate marking, giving
notice that the article is, or is suspected of being, adulterated or
misbranded 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 an authorized
agent or the court. It is unlawful for a person to remove or dispose
of the detained or embargoed article by sale or otherwise without
such permission.
2. When an article is adulterated or misbranded or is in
violation of section 126.12 and has been detained or embargoed, a
petition may be filed with the district court in whose jurisdiction
the article is located, detained, or embargoed for an order for
condemnation of the article. If a duly authorized agent has found
that an article which is embargoed or detained is not adulterated or
misbranded, the agent shall remove the tag or other marking.
3. If the court finds that a sampled, detained, or embargoed
article is adulterated or misbranded, the article shall be destroyed
at the expense of the claimant of the article, under the supervision
of the agent, and all court costs and fees, and storage and other
proper expenses, shall be taxed against the claimant of the article
or the claimant's agent; but if the adulteration or misbranding can
be corrected by proper labeling or processing of the article, the
court, after entry of the decree and after costs, fees, storage, and
other expenses have been paid and a good and sufficient bond,
conditioned that the article shall be so labeled or processed, has
been executed, may by order direct that the article be delivered to
the claimant for such labeling or processing under the supervision of
a duly authorized agent of the board. The expense of supervision
shall be paid by the claimant. The article shall be returned to the
claimant and the bond shall be discharged on the representation to
the court by the board that the article is no longer in violation of
this chapter, and that the expenses of supervision have been paid.
Section History: Recent Form
89 Acts, ch 197, § 6
CS89, § 203B.6
C93, § 126.6
Referred to in § 126.3