68-131-107 - Detention of misbranded or banned hazardous substances Petition for libel of condemnation.
68-131-107. Detention of misbranded or banned hazardous substances Petition for libel of condemnation.
(a) Whenever a duly authorized agent of the commissioner finds or has probable cause to believe that any hazardous household substance is misbranded, or is a banned hazardous substance, within the meaning of this part, the agent shall affix to such article a tag or other appropriate marking, giving notice that such article is, or is suspected of being, misbranded or is a banned hazardous substance and has been detained or embargoed, and warning all persons not to remove or dispose of such article by sale or otherwise until permission for removal or disposal is given by such agent or the court. It is unlawful for any person to remove or dispose of such detained or embargoed article by sale or otherwise without such permission. An official order issued under authority of the federal Hazardous Substances Act, compiled in 15 U.S.C. § 1261 et seq., shall be probable cause for the commissioner to invoke the requirements of this section.
(b) (1) When an article detained or embargoed under subsection (a) has been found by such agent to be misbranded or a banned hazardous substance, the agent shall petition the court in whose jurisdiction the article is detained or embargoed for a libel of condemnation of such article. In an emergency and by agreement of all parties, the commissioner may detain such hazardous substance until final disposition can be made.
(2) When such agent has found that an article so detained or embargoed is not misbranded or a banned hazardous substance, the agent shall remove the tag or other marking.
(c) If the court finds that a detained or embargoed article is misbranded or a banned hazardous substance, such article shall, after entry of the decree, be destroyed at the expense of the claimant of the article, under supervision of such 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; provided, that when the misbranding can be corrected by proper labeling of the article, the court, after entry of the decree and after such costs, fees, and expenses have been paid and a good and sufficient bond, conditioned that such article shall be so labeled, has been executed, may by order direct that such article be delivered to claimant of the article for such labeling under the supervision of an agent of the commissioner. The expense of such supervision shall be paid by the claimant. The article shall be returned to the claimant on the representation to the court by the commissioner that the article is no longer in violation of this part, and that the expenses of such supervision have been paid.
[Acts 1970, ch. 356, § 7; 1974, ch. 626, § 3; T.C.A., §§ 53-3718, 68-27-107.]