§ 21-31-6 Embargoed articles –Condemnation and destruction. – (a) Whenever a duly authorized agent of the director of health finds or hasprobable cause to believe that any food, drug, device, or cosmetic isadulterated, or so misbranded as to be dangerous or fraudulent, within themeaning of this chapter, the agent shall affix to that article a tag or otherappropriate marking, giving notice that the article is, or is suspected ofbeing, adulterated or misbranded and has been detained or embargoed, andwarning all persons not to remove or dispose of the article by sale orotherwise until permission for removal or disposal is given by the agent or thecourt. It shall be unlawful for any person to remove or dispose of a detainedor embargoed article by sale or otherwise without permission.
(b) When an article detained or embargoed under subsection(a) of this section has been found by the agent to be adulterated ormisbranded, the agent shall petition the proper judge of the court in whosejurisdiction the article is detained or embargoed for a label for condemnationof the article. When the agent has found that an article so detained orembargoed is not adulterated or misbranded, he or she shall remove the tag orother marking.
(c) If the court finds that a detained or embargoed articleis adulterated or misbranded, the article shall, after entry of the decree, bedestroyed at the expense of the claimant of the article, under the supervisionof the agent, and all court costs and fees, and storage and other properexpenses, shall be taxed against the claimant of the article or the claimant'sagent; provided, that when the adulteration or misbranding can be corrected byproper labeling or processing of the article, the court, after entry of thedecree and after costs, fees, and expenses have been paid and a good andsufficient bond, conditioned that the article shall be so labeled or processed,has been executed, may by order direct that the article be delivered to theclaimant of it for labeling or processing under the supervision of an agent ofthe director of health. The expense of the supervision shall be paid by theclaimant. The article shall be returned to the claimant of the article onrepresentation to the court by the director of health that the article is nolonger in violation of this chapter, and that the expenses of the supervisionhave been paid.
(d) Whenever the director of health or any of the director'sauthorized agents shall find in any room, building, vehicle of transportation,or other structure, any meat, sea food, poultry, vegetable, fruit, or otherperishable articles which are unsound, or contain any filthy, decomposed, orputrid substance, or that may be poisonous or deleterious to health orotherwise unsafe, it being hereby declared to be a nuisance, the director ofhealth or the director's authorized agent shall immediately condemn or destroyit, or in any other manner render it unsalable as human food.
§ 21-31-6 Embargoed articles –Condemnation and destruction. – (a) Whenever a duly authorized agent of the director of health finds or hasprobable cause to believe that any food, drug, device, or cosmetic isadulterated, or so misbranded as to be dangerous or fraudulent, within themeaning of this chapter, the agent shall affix to that article a tag or otherappropriate marking, giving notice that the article is, or is suspected ofbeing, adulterated or misbranded and has been detained or embargoed, andwarning all persons not to remove or dispose of the article by sale orotherwise until permission for removal or disposal is given by the agent or thecourt. It shall be unlawful for any person to remove or dispose of a detainedor embargoed article by sale or otherwise without permission.
(b) When an article detained or embargoed under subsection(a) of this section has been found by the agent to be adulterated ormisbranded, the agent shall petition the proper judge of the court in whosejurisdiction the article is detained or embargoed for a label for condemnationof the article. When the agent has found that an article so detained orembargoed is not adulterated or misbranded, he or she shall remove the tag orother marking.
(c) If the court finds that a detained or embargoed articleis adulterated or misbranded, the article shall, after entry of the decree, bedestroyed at the expense of the claimant of the article, under the supervisionof the agent, and all court costs and fees, and storage and other properexpenses, shall be taxed against the claimant of the article or the claimant'sagent; provided, that when the adulteration or misbranding can be corrected byproper labeling or processing of the article, the court, after entry of thedecree and after costs, fees, and expenses have been paid and a good andsufficient bond, conditioned that the article shall be so labeled or processed,has been executed, may by order direct that the article be delivered to theclaimant of it for labeling or processing under the supervision of an agent ofthe director of health. The expense of the supervision shall be paid by theclaimant. The article shall be returned to the claimant of the article onrepresentation to the court by the director of health that the article is nolonger in violation of this chapter, and that the expenses of the supervisionhave been paid.
(d) Whenever the director of health or any of the director'sauthorized agents shall find in any room, building, vehicle of transportation,or other structure, any meat, sea food, poultry, vegetable, fruit, or otherperishable articles which are unsound, or contain any filthy, decomposed, orputrid substance, or that may be poisonous or deleterious to health orotherwise unsafe, it being hereby declared to be a nuisance, the director ofhealth or the director's authorized agent shall immediately condemn or destroyit, or in any other manner render it unsalable as human food.
§ 21-31-6 Embargoed articles –Condemnation and destruction. – (a) Whenever a duly authorized agent of the director of health finds or hasprobable cause to believe that any food, drug, device, or cosmetic isadulterated, or so misbranded as to be dangerous or fraudulent, within themeaning of this chapter, the agent shall affix to that article a tag or otherappropriate marking, giving notice that the article is, or is suspected ofbeing, adulterated or misbranded and has been detained or embargoed, andwarning all persons not to remove or dispose of the article by sale orotherwise until permission for removal or disposal is given by the agent or thecourt. It shall be unlawful for any person to remove or dispose of a detainedor embargoed article by sale or otherwise without permission.
(b) When an article detained or embargoed under subsection(a) of this section has been found by the agent to be adulterated ormisbranded, the agent shall petition the proper judge of the court in whosejurisdiction the article is detained or embargoed for a label for condemnationof the article. When the agent has found that an article so detained orembargoed is not adulterated or misbranded, he or she shall remove the tag orother marking.
(c) If the court finds that a detained or embargoed articleis adulterated or misbranded, the article shall, after entry of the decree, bedestroyed at the expense of the claimant of the article, under the supervisionof the agent, and all court costs and fees, and storage and other properexpenses, shall be taxed against the claimant of the article or the claimant'sagent; provided, that when the adulteration or misbranding can be corrected byproper labeling or processing of the article, the court, after entry of thedecree and after costs, fees, and expenses have been paid and a good andsufficient bond, conditioned that the article shall be so labeled or processed,has been executed, may by order direct that the article be delivered to theclaimant of it for labeling or processing under the supervision of an agent ofthe director of health. The expense of the supervision shall be paid by theclaimant. The article shall be returned to the claimant of the article onrepresentation to the court by the director of health that the article is nolonger in violation of this chapter, and that the expenses of the supervisionhave been paid.
(d) Whenever the director of health or any of the director'sauthorized agents shall find in any room, building, vehicle of transportation,or other structure, any meat, sea food, poultry, vegetable, fruit, or otherperishable articles which are unsound, or contain any filthy, decomposed, orputrid substance, or that may be poisonous or deleterious to health orotherwise unsafe, it being hereby declared to be a nuisance, the director ofhealth or the director's authorized agent shall immediately condemn or destroyit, or in any other manner render it unsalable as human food.
