3.2-4908 - Withholding noncomplying remedies from sale; tagging, condemnation, destruction, and correction of adulterated or misbranded remedies.
§ 3.2-4908. Withholding noncomplying remedies from sale; tagging,condemnation, destruction, and correction of adulterated or misbrandedremedies.
A. The Commissioner shall require those animal remedies that are found orbelieved not to comply with the provisions of this chapter to be withheldfrom sale until he determines that the remedies are in compliance with suchprovisions.
B. Whenever the Commissioner finds or has reasonable cause to believe ananimal remedy is adulterated or misbranded he shall affix to such article atag or other appropriate marking, giving notice that such article is, or issuspected of being, adulterated or misbranded and has been detained andwarning all persons not to dispose of such article in any manner untilpermission is given by the Commissioner or an appropriate court. Any sucharticle may be removed from display by the manufacturer or vendor, but shallremain on the premises.
C. If such a detained article is found, after examination and analysis, to beadulterated or misbranded, the Commissioner may petition the judge of anyappropriate court in whose jurisdiction the article is detained forcondemnation. If the Commissioner finds that such detained article is notadulterated or misbranded, he shall remove the tag or other marking.
D. If the court finds that a detained animal remedy is adulterated ormisbranded, such article shall, after entry of the decree, be destroyed,under the supervision of the Commissioner, at the expense of the defendant.All court costs and fees, and storage and other proper expenses, shall bepaid by the defendant or his agent.
E. If the adulteration or misbranding can be corrected by proper processingor labeling of the article, an appropriate court, after entry of the decreeand after such costs, fees, and expenses have been paid and a sufficientbond, conditioned that such article shall be so processed or labeled, hasbeen executed, may order such article to be delivered to the defendant forsuch processing or labeling under the supervision of the Commissioner. Theexpense of such supervision shall be paid by the defendant. The bond shall bereturned to the defendant on the representation to the court by theCommissioner that the article no longer violates any of the provisions ofthis chapter and that expenses incident to such proceeding were paid.
(Code 1950, § 3-646.4; 1956, c. 517; 1966, c. 702, § 3.1-833; 1994, c. 910;2008, c. 860.)