32-1994. Authorization to embargo adulterated
or misbranded drugs or devices; condemnation; destruction;
costs
A. When the board or its authorized agent finds or has probable cause to believe
that any drug, device, poison, or hazardous substance is adulterated, or so misbranded as
to be dangerous or fraudulent, within the meaning of this chapter, he shall affix to such
article an appropriate marking, giving notice that such article is, or is suspected of
being, adulterated or misbranded and has been detained or embargoed, and warning all
persons it is unlawful to remove or dispose of such article by sale or otherwise until
permission for removal or disposal is given by the board or the court.
B. When an article detained or embargoed under subsection A of this section has
been found by the board to be adulterated or misbranded, it shall petition the court in
whose jurisdiction the article is detained or embargoed for condemnation of such article,
or if feasible, the board may permit the article to be brought into compliance with this
chapter.
C. If the court finds that a detained or embargoed article is adulterated or
misbranded, and it is not feasible to bring it into compliance with this chapter, such
article shall be destroyed at the expense of the claimant who shall also pay all court
costs, fees, storage and other proper expenses.
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