State Codes and Statutes

Statutes > New-york > Agm > Article-14-a > 172-a

§ 172-a. Injunction  proceedings;  when  authorized.    Any  dangerous  caustic or corrosive substance  in  a  misbranded  parcel,  package,  or  container  suitable  for household use, that is being sold, bartered, or  exchanged, or held, displayed, or offered for sale, barter, or exchange,  shall be liable to be proceeded against by action for injunction in  the  supreme  court  in  the judicial district within which the same is found  and seized pursuant to judgment rendered therein and if  such  substance  is  condemned  as  misbranded, by said court, it shall be disposed of by  destruction or sale, as the court may direct; and if sold, the proceeds,  less the actual costs and charges, shall be paid over to the state board  of pharmacy to be by it turned over to the comptroller  at  the  end  of  each  fiscal  year; but such substance shall not be sold contrary to the  laws of the state; provided, however, that upon the payment of the costs  of such proceedings and  the  execution  and  delivery  of  a  good  and  sufficient bond to the effect that such substance will not be unlawfully  sold  or  otherwise disposed of, the court may by order direct that such  substance be delivered to the owner thereof.

State Codes and Statutes

Statutes > New-york > Agm > Article-14-a > 172-a

§ 172-a. Injunction  proceedings;  when  authorized.    Any  dangerous  caustic or corrosive substance  in  a  misbranded  parcel,  package,  or  container  suitable  for household use, that is being sold, bartered, or  exchanged, or held, displayed, or offered for sale, barter, or exchange,  shall be liable to be proceeded against by action for injunction in  the  supreme  court  in  the judicial district within which the same is found  and seized pursuant to judgment rendered therein and if  such  substance  is  condemned  as  misbranded, by said court, it shall be disposed of by  destruction or sale, as the court may direct; and if sold, the proceeds,  less the actual costs and charges, shall be paid over to the state board  of pharmacy to be by it turned over to the comptroller  at  the  end  of  each  fiscal  year; but such substance shall not be sold contrary to the  laws of the state; provided, however, that upon the payment of the costs  of such proceedings and  the  execution  and  delivery  of  a  good  and  sufficient bond to the effect that such substance will not be unlawfully  sold  or  otherwise disposed of, the court may by order direct that such  substance be delivered to the owner thereof.

State Codes and Statutes

State Codes and Statutes

Statutes > New-york > Agm > Article-14-a > 172-a

§ 172-a. Injunction  proceedings;  when  authorized.    Any  dangerous  caustic or corrosive substance  in  a  misbranded  parcel,  package,  or  container  suitable  for household use, that is being sold, bartered, or  exchanged, or held, displayed, or offered for sale, barter, or exchange,  shall be liable to be proceeded against by action for injunction in  the  supreme  court  in  the judicial district within which the same is found  and seized pursuant to judgment rendered therein and if  such  substance  is  condemned  as  misbranded, by said court, it shall be disposed of by  destruction or sale, as the court may direct; and if sold, the proceeds,  less the actual costs and charges, shall be paid over to the state board  of pharmacy to be by it turned over to the comptroller  at  the  end  of  each  fiscal  year; but such substance shall not be sold contrary to the  laws of the state; provided, however, that upon the payment of the costs  of such proceedings and  the  execution  and  delivery  of  a  good  and  sufficient bond to the effect that such substance will not be unlawfully  sold  or  otherwise disposed of, the court may by order direct that such  substance be delivered to the owner thereof.