State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_90 > GS_90-85_37

§ 90‑85.37. Embargo.

Notwithstanding any other provisions of law, whenever an authorizedrepresentative of the Board has reasonable cause to believe that any drug ordevice presents a danger to the public health, he shall affix to the drug ordevice a notice that the article is suspected of being dangerous to the publichealth and warning all persons not to remove or dispose of the article.Whenever an authorized representative of the Board has reasonable cause tobelieve that any drug or device presents a danger to the public health and thatthere are reasonable grounds to believe that it might be disposed of pending ajudicial resolution of the matter, he shall seize the article and take it to asafe and secure place. When an article has been embargoed under this section,the Board shall, as soon as practical, file a petition in Orange CountyDistrict Court for a condemnation order for such article. If the judgedetermines after hearing, that the article is not dangerous to the publichealth, the Board shall direct the immediate removal of the tag or othermarking, and where appropriate, shall direct that the article be returned toits owner. If the judge finds the article is dangerous to the public health, heshall order its destruction at the owner's expense and under the Board'ssupervision. If the judge determines that the article is dangerous to thepublic health, he shall order the owner of the article to pay all court costs,reasonable attorney's fees, storage fees, and all other costs incident to theproceeding. (1981 (Reg. Sess.,1982), c. 1188, s. 1.)