§ 21-9-18 - Embargoed articles – Condemnation and destruction.
SECTION 21-9-18
§ 21-9-18 Embargoed articles –Condemnation and destruction. – (a) Whenever the director of health or any of the director's duly authorizedagents finds, or has probable cause to believe, that any frozen dessert orfrozen dessert mix is adulterated or misbranded as to be dangerous orfraudulent within the meaning of this chapter, or involved in a violation ofthis chapter or of the regulations promulgated pursuant to this chapter, he orshe shall affix to that article a tag or other appropriate marking, givingnotice that the article is, or is suspected of being, adulterated or misbrandedand has been detained or embargoed, and warning all persons not to remove ordispose of the article by sale or otherwise until permission for removal ordisposal is given by the agent or the court. It shall be unlawful for anyperson to remove or dispose of the detained or embargoed article by sale orwithout permission.
(b) When an article detained or embargoed under subsection(a) of this section has been found by an agent to be adulterated or misbranded,he or she shall petition the proper judge of the court in whose jurisdictionthe article is detained or embargoed for a libel for condemnation of thatarticle. When the agent has found that an article detained or embargoed is notadulterated or misbranded, he or she shall remove the tag or other marking.
(c) If the court finds that a detained or embargoed articleis adulterated or misbranded, that article shall, after entry of the decree, bedestroyed at the expense of the claimant of the article, under the supervisionof the agent, and all court costs and fees, and storage and other properexpenses, shall be taxed against the claimant of the article or the claimant'sagent; provided, that when the adulteration or misbranding can be corrected byproper labeling or processing of the article, the court, after entry of thedecree and after costs, fees, and expenses have been paid and a good andsufficient bond, conditioned that the article shall be so labeled or processed,has been executed, may by order direct that the article be delivered to theclaimant of the article for the labeling or processing under the supervision ofan agent of the director of health. The expense of the supervision shall bepaid by the claimant. The article shall be returned to the claimant of thearticle on representation to the court by the director of health that thearticle is no longer in violation of this chapter, and that the expenses ofsupervision have been paid.
(d) Whenever the director of health or any of the director'sauthorized agents shall find in any room, building, vehicle of transportation,or other structure any frozen dessert or frozen dessert mix which contains anyfilthy, decomposed, or putrid substance, or that may be poisonous ordeleterious to health or unsafe, it being declared to be a nuisance, thedirector of health or the director's authorized agent shall immediately condemnor destroy it, or in any other manner render it unsalable as human food.