§328-26  Disposal of questioned articles;
court orders; expenses; bond.  If the court finds that a detained or
embargoed article is adulterated or misbranded, the article shall, after entry
of the decree be destroyed at the expense of the claimant thereof, under the
supervision of the director of health or any of the director’s deputies; 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 adulteration or misbranding can be corrected by proper labeling or
processing 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 the article shall be so labeled or processed, has been
executed, may by order direct that the article be delivered to the claimant
thereof for such labeling or processing under the supervision of the director
or any of the director’s agents.  The expense of supervision shall be paid by
the claimant.  The bond shall be returned to the claimant of the article on
representation to the court by the director or any of the director’s agents
that the article is no longer in violation of this part, and that the expenses
of supervision have been paid. [L 1941, c 318, pt of §22; RL 1945, §2227; RL
1955, §51-27; am L Sp 1959 2d, c 1, §19; HRS §328-26; gen ch 1985]