§ 106‑125. Detention of product or articlesuspected of being adulterated or misbranded.
(a) Whenever a duly authorized agent of the Department ofAgriculture and Consumer Services finds or has probable cause to believe, thatany food, drug, device, cosmetic or consumer commodity is adulterated, or somisbranded as to be dangerous or fraudulent within the meaning of this Articleor is in violation of G.S. 106‑131 or 106‑135 of this Article, heshall affix to such article a tag or other appropriate marking giving noticethat such article is, or is suspected of being, adulterated or misbranded andhas been detained or embargoed, and warning all persons not to remove ordispose of such article by sale or otherwise until permission for removal ordisposal is given by such agent or the court. It shall be unlawful for anyperson to remove or dispose of such detained or embargoed article by sale orotherwise without such permission.
(b) When an article detained or embargoed under subsection (a)has been found by such agent to be adulterated, or misbranded or to be inviolation of G.S. 106‑131 or 106‑135 of this Article, he shallpetition a judge of the district, or superior court in whose jurisdiction thearticle is detained or embargoed for an order for condemnation of such article.When such agent has found that an article so detained or embargoed is notadulterated or misbranded, he shall remove the tag or other marking.
(c) If the court finds that a detained or embargoed article isadulterated or misbranded, such article shall, after entry of the decree, bedestroyed at the expense of the claimant thereof, under the supervision of suchagent; and all court costs and fees, and storage and other proper expenses,shall be taxed against the claimant of such article or his agent: Provided,that when the adulteration or misbranding can be corrected by proper labelingor processing of the article, the court, after entry of the decree and aftersuch costs, fees, and expenses have been paid and a good and sufficient bond, conditionedthat such article shall be so labeled or processed, has been executed, may byorder direct that such article be delivered to the claimant thereof for suchlabeling or processing under the supervision of an agent of the Department ofAgriculture and Consumer Services. The expense of such supervision shall bepaid by the claimant. Such bond shall be returned to the claimant of thearticle on representation to the court by the Department of Agriculture andConsumer Services that the article is no longer in violation of this Article,and that the expenses of such supervision have been paid.
(d) Whenever any duly authorized agent of the Department ofAgriculture and Consumer Services shall find in any room, building, vehicle oftransportation or other structure, any meat, seafood, poultry, vegetable, fruitor other perishable articles which are unsound, or contain any filthy,decomposed or putrid substance, or that may be poisonous or deleterious tohealth or otherwise unsafe, the same being hereby declared to be a nuisance,the agent shall forthwith condemn or destroy the same, or in any other mannerrender the same unsalable as human food. (1939, c. 320, s. 6; 1973, c. 108, s. 53; 1975, c. 614, ss. 7‑9;1997‑261, s. 109.)
§ 106‑125. Detention of product or articlesuspected of being adulterated or misbranded.
(a) Whenever a duly authorized agent of the Department ofAgriculture and Consumer Services finds or has probable cause to believe, thatany food, drug, device, cosmetic or consumer commodity is adulterated, or somisbranded as to be dangerous or fraudulent within the meaning of this Articleor is in violation of G.S. 106‑131 or 106‑135 of this Article, heshall affix to such article a tag or other appropriate marking giving noticethat such article is, or is suspected of being, adulterated or misbranded andhas been detained or embargoed, and warning all persons not to remove ordispose of such article by sale or otherwise until permission for removal ordisposal is given by such agent or the court. It shall be unlawful for anyperson to remove or dispose of such detained or embargoed article by sale orotherwise without such permission.
(b) When an article detained or embargoed under subsection (a)has been found by such agent to be adulterated, or misbranded or to be inviolation of G.S. 106‑131 or 106‑135 of this Article, he shallpetition a judge of the district, or superior court in whose jurisdiction thearticle is detained or embargoed for an order for condemnation of such article.When such agent has found that an article so detained or embargoed is notadulterated or misbranded, he shall remove the tag or other marking.
(c) If the court finds that a detained or embargoed article isadulterated or misbranded, such article shall, after entry of the decree, bedestroyed at the expense of the claimant thereof, under the supervision of suchagent; and all court costs and fees, and storage and other proper expenses,shall be taxed against the claimant of such article or his agent: Provided,that when the adulteration or misbranding can be corrected by proper labelingor processing of the article, the court, after entry of the decree and aftersuch costs, fees, and expenses have been paid and a good and sufficient bond, conditionedthat such article shall be so labeled or processed, has been executed, may byorder direct that such article be delivered to the claimant thereof for suchlabeling or processing under the supervision of an agent of the Department ofAgriculture and Consumer Services. The expense of such supervision shall bepaid by the claimant. Such bond shall be returned to the claimant of thearticle on representation to the court by the Department of Agriculture andConsumer Services that the article is no longer in violation of this Article,and that the expenses of such supervision have been paid.
(d) Whenever any duly authorized agent of the Department ofAgriculture and Consumer Services shall find in any room, building, vehicle oftransportation or other structure, any meat, seafood, poultry, vegetable, fruitor other perishable articles which are unsound, or contain any filthy,decomposed or putrid substance, or that may be poisonous or deleterious tohealth or otherwise unsafe, the same being hereby declared to be a nuisance,the agent shall forthwith condemn or destroy the same, or in any other mannerrender the same unsalable as human food. (1939, c. 320, s. 6; 1973, c. 108, s. 53; 1975, c. 614, ss. 7‑9;1997‑261, s. 109.)
§ 106‑125. Detention of product or articlesuspected of being adulterated or misbranded.
(a) Whenever a duly authorized agent of the Department ofAgriculture and Consumer Services finds or has probable cause to believe, thatany food, drug, device, cosmetic or consumer commodity is adulterated, or somisbranded as to be dangerous or fraudulent within the meaning of this Articleor is in violation of G.S. 106‑131 or 106‑135 of this Article, heshall affix to such article a tag or other appropriate marking giving noticethat such article is, or is suspected of being, adulterated or misbranded andhas been detained or embargoed, and warning all persons not to remove ordispose of such article by sale or otherwise until permission for removal ordisposal is given by such agent or the court. It shall be unlawful for anyperson to remove or dispose of such detained or embargoed article by sale orotherwise without such permission.
(b) When an article detained or embargoed under subsection (a)has been found by such agent to be adulterated, or misbranded or to be inviolation of G.S. 106‑131 or 106‑135 of this Article, he shallpetition a judge of the district, or superior court in whose jurisdiction thearticle is detained or embargoed for an order for condemnation of such article.When such agent has found that an article so detained or embargoed is notadulterated or misbranded, he shall remove the tag or other marking.
(c) If the court finds that a detained or embargoed article isadulterated or misbranded, such article shall, after entry of the decree, bedestroyed at the expense of the claimant thereof, under the supervision of suchagent; and all court costs and fees, and storage and other proper expenses,shall be taxed against the claimant of such article or his agent: Provided,that when the adulteration or misbranding can be corrected by proper labelingor processing of the article, the court, after entry of the decree and aftersuch costs, fees, and expenses have been paid and a good and sufficient bond, conditionedthat such article shall be so labeled or processed, has been executed, may byorder direct that such article be delivered to the claimant thereof for suchlabeling or processing under the supervision of an agent of the Department ofAgriculture and Consumer Services. The expense of such supervision shall bepaid by the claimant. Such bond shall be returned to the claimant of thearticle on representation to the court by the Department of Agriculture andConsumer Services that the article is no longer in violation of this Article,and that the expenses of such supervision have been paid.
(d) Whenever any duly authorized agent of the Department ofAgriculture and Consumer Services shall find in any room, building, vehicle oftransportation or other structure, any meat, seafood, poultry, vegetable, fruitor other perishable articles which are unsound, or contain any filthy,decomposed or putrid substance, or that may be poisonous or deleterious tohealth or otherwise unsafe, the same being hereby declared to be a nuisance,the agent shall forthwith condemn or destroy the same, or in any other mannerrender the same unsalable as human food. (1939, c. 320, s. 6; 1973, c. 108, s. 53; 1975, c. 614, ss. 7‑9;1997‑261, s. 109.)
