§ 23-24-6 - Embargoed articles – Condemnation and destruction.
SECTION 23-24-6
§ 23-24-6 Embargoed articles –Condemnation and destruction. – (a) Whenever the director of the consumer protection unit of the department ofattorney general finds or has probable cause to believe that any article is amisbranded hazardous substance or a banned hazardous substance or that itpresents an electrical, mechanical, or thermal hazard within the meaning ofthis chapter, the director shall order to be affixed to the article a tag orother appropriate marking, giving notice that the article is or is suspected ofbeing misbranded or banned, or an electrical, mechanical, or thermal hazard andhas 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 director or the court. It shall be unlawful for anyperson to remove or dispose of any detained or embargoed article by sale orotherwise without permission.
(b) When an article detained or embargoed under subsection(a) has been been found by the director to be misbranded or banned or anelectrical, mechanical, or thermal hazard, the director shall petition theproper judge of the court in whose jurisdiction the article is detained orembargoed for a libel condemnation of the article; when the director has foundthat an article detained or embargoed is not misbranded, banned, or anelectrical, mechanical, or thermal hazard, the director shall order the removalof the tag or other marking.
(c) If the court finds that a detained or embargoed articleis misbranded, banned, or an electrical, mechanical, or thermal hazard, thearticle shall, after entry of the decree, be destroyed at the expense of theclaimant, under the supervision of the director or his or her designee, and allcourt costs, fees and storage and other proper expenses, shall be taxed againstthe claimant of the article or his or her agent; provided, that when themisbranding or the electrical, mechanical, or thermal hazard can be corrected,the court, after entry of the decree and after any costs, fees, and expenseshave been paid and a good and sufficient bond, conditioned that the article hasbeen properly corrected, has been executed, may by order direct that thearticle be delivered to the claimant for the correction under the supervisionof an agent of the director of the consumer protection unit or his or herdesignee. The expense of that supervision shall be paid by the claimant. Thearticle shall be returned to the claimant of the article on representation tothe court by the director of the consumer protection unit that the article isno longer in violation of this chapter and that the expenses of supervisionhave been paid.