3-630

3-630. Adulterated products prohibited;
exception; containers for poultry or stock feed; labeling

A. A person shall not produce, provide, sell, offer or expose for sale or have in
his possession with intent to sell real or trade products which are adulterated or
misbranded. The department shall be notified immediately:

1. If real or trade products are found to be adulterated.

2. Before moving or disposing of any adulterated real or trade products.

B. If the director has cause to believe that any real or trade products are
adulterated or misbranded and the adulteration or misbranding is dangerous or fraudulent,
the director shall:

1. Detain or embargo the product.

2. Affix a tag or other appropriate marking to the product or its container that:

(a) Gives notice that the product is, or is suspected to be, adulterated or
misbranded and has been detained or embargoed.

(b) Warns that it is unlawful for a person to remove or dispose of any detained or
embargoed real or trade product by sale or otherwise without permission of the director
or the court.

C. If the director finds that the detained or embargoed real or trade product is
not adulterated or misbranded, the director shall remove or cancel the tag or other
marking.

D. If the director finds that the detained or embargoed real or trade product is
adulterated or misbranded, the director, with the assistance of the attorney general or
county attorney, shall petition the superior court in the county in which the real or
trade product is detained or embargoed for an order condemning the product. The petition
shall be served in the manner required by the rules of civil procedure.

E. If the court finds that the detained or embargoed real or trade product is
adulterated or misbranded and the adulteration or misbranding cannot be corrected by
proper processing or labeling, it shall order the product to be destroyed at the expense
of the person whom the court finds violated subsection A, who shall also pay all court
costs and fees and storage and other proper expenses.

F. If the court finds that the detained or embargoed real or trade product is
adulterated or misbranded and the adulteration or misbranding can be corrected by proper
processing or labeling, it shall order the product to be returned to the person whom it
finds violated subsection A for corrective processing or labeling under the supervision
of the director. Before the adulterated or misbranded product is returned, the person
whom the court finds violated subsection A shall pay all court costs and fees and storage
and other expenses and execute a sufficient bond. The court shall release the product
from the supervision of the director and return the bond on notification by the director
that the product no longer violates this chapter.

G. If the director finds a perishable real or trade product that is unsound or
contains any filthy, decomposed or putrid substance, or which may be poisonous or present
an imminent health danger, the director shall promptly seize it and, unless he receives a
written protest to his action within five days, destroy it. If the director receives
such a written protest, he may petition the court as provided in subsection D for an
order condemning the product. The court shall give preference to an action brought under
this subsection and shall conduct a hearing as soon as practicable but in no event more
than ten days from the time the petition is filed with the court.