§ 23-24.2-6 Embargoed articles –Condemnation and destruction. – (a) Whenever the consumer protection unit of the department of attorney generalfinds or has probable cause to believe that any product, fabric, or relatedmaterial fails to conform to an applicable standard under the provisions of§ 23-24.2-4, the consumer protection unit of the department of attorneygeneral shall affix to that article a tag or other appropriate marking, givingnotice that the article is or is suspected of being not in conformity withapplicable standards promulgated under the provisions of § 23-24.2-4 andhas been detained or embargoed, and warning all persons not to remove ordispose of that article by sale or otherwise until permission for removal ordisposal is given by the consumer protection unit of the department of attorneygeneral under the court. It shall be unlawful for any person to remove ordispose of any detained or embargoed article by sale or otherwise without thatpermission.
(b) When an article detained or embargoed under subsection(a) has been found by the consumer protection unit of the department ofattorney general to be not in conformity with standards under the provisions of§ 23-24.2-4, the consumer protection unit of the department of attorneygeneral shall petition the proper judge of the court in whose jurisdiction thearticle is detained or embargoed for libel condemnation of the article. Whenthe consumer protection unit of the department of attorney general has foundthat this detained or embargoed article is in conformity with standards underthe provisions of § 23-24.2-4, the consumer protection unit of thedepartment of attorney general shall remove the tag or other marking.
(c) If the court finds that a detained or embargoed articleis not in conformity with standards under the provisions of § 23-24.2-4,the article shall, after entry of the decree, be destroyed at the expense ofits claimant, under the supervision of the consumer protection unit of thedepartment of attorney general, and all court costs, fees, and storage andother proper expenses, shall be taxed against the claimant of the article orhis or her agent; provided, that when the article not in conformity withstandards under the provisions of § 23-24.2-4 can be corrected, the court,after entry of the decree and after the costs, fees, and expenses have beenpaid and a good and sufficient bond, conditioned that the article has beenproperly corrected, has been executed, may, by order, direct that the articlebe delivered to its claimant for correction under the supervision of theconsumer protection unit of the department of attorney general. The expense ofthe supervision shall be paid by the claimant. The article shall be returned tothe claimant of the article on representation to the court by the consumerprotection unit of the department of attorney general that the article is nolonger in violation of this chapter and that the expenses of supervision havebeen paid.
§ 23-24.2-6 Embargoed articles –Condemnation and destruction. – (a) Whenever the consumer protection unit of the department of attorney generalfinds or has probable cause to believe that any product, fabric, or relatedmaterial fails to conform to an applicable standard under the provisions of§ 23-24.2-4, the consumer protection unit of the department of attorneygeneral shall affix to that article a tag or other appropriate marking, givingnotice that the article is or is suspected of being not in conformity withapplicable standards promulgated under the provisions of § 23-24.2-4 andhas been detained or embargoed, and warning all persons not to remove ordispose of that article by sale or otherwise until permission for removal ordisposal is given by the consumer protection unit of the department of attorneygeneral under the court. It shall be unlawful for any person to remove ordispose of any detained or embargoed article by sale or otherwise without thatpermission.
(b) When an article detained or embargoed under subsection(a) has been found by the consumer protection unit of the department ofattorney general to be not in conformity with standards under the provisions of§ 23-24.2-4, the consumer protection unit of the department of attorneygeneral shall petition the proper judge of the court in whose jurisdiction thearticle is detained or embargoed for libel condemnation of the article. Whenthe consumer protection unit of the department of attorney general has foundthat this detained or embargoed article is in conformity with standards underthe provisions of § 23-24.2-4, the consumer protection unit of thedepartment of attorney general shall remove the tag or other marking.
(c) If the court finds that a detained or embargoed articleis not in conformity with standards under the provisions of § 23-24.2-4,the article shall, after entry of the decree, be destroyed at the expense ofits claimant, under the supervision of the consumer protection unit of thedepartment of attorney general, and all court costs, fees, and storage andother proper expenses, shall be taxed against the claimant of the article orhis or her agent; provided, that when the article not in conformity withstandards under the provisions of § 23-24.2-4 can be corrected, the court,after entry of the decree and after the costs, fees, and expenses have beenpaid and a good and sufficient bond, conditioned that the article has beenproperly corrected, has been executed, may, by order, direct that the articlebe delivered to its claimant for correction under the supervision of theconsumer protection unit of the department of attorney general. The expense ofthe supervision shall be paid by the claimant. The article shall be returned tothe claimant of the article on representation to the court by the consumerprotection unit of the department of attorney general that the article is nolonger in violation of this chapter and that the expenses of supervision havebeen paid.
§ 23-24.2-6 Embargoed articles –Condemnation and destruction. – (a) Whenever the consumer protection unit of the department of attorney generalfinds or has probable cause to believe that any product, fabric, or relatedmaterial fails to conform to an applicable standard under the provisions of§ 23-24.2-4, the consumer protection unit of the department of attorneygeneral shall affix to that article a tag or other appropriate marking, givingnotice that the article is or is suspected of being not in conformity withapplicable standards promulgated under the provisions of § 23-24.2-4 andhas been detained or embargoed, and warning all persons not to remove ordispose of that article by sale or otherwise until permission for removal ordisposal is given by the consumer protection unit of the department of attorneygeneral under the court. It shall be unlawful for any person to remove ordispose of any detained or embargoed article by sale or otherwise without thatpermission.
(b) When an article detained or embargoed under subsection(a) has been found by the consumer protection unit of the department ofattorney general to be not in conformity with standards under the provisions of§ 23-24.2-4, the consumer protection unit of the department of attorneygeneral shall petition the proper judge of the court in whose jurisdiction thearticle is detained or embargoed for libel condemnation of the article. Whenthe consumer protection unit of the department of attorney general has foundthat this detained or embargoed article is in conformity with standards underthe provisions of § 23-24.2-4, the consumer protection unit of thedepartment of attorney general shall remove the tag or other marking.
(c) If the court finds that a detained or embargoed articleis not in conformity with standards under the provisions of § 23-24.2-4,the article shall, after entry of the decree, be destroyed at the expense ofits claimant, under the supervision of the consumer protection unit of thedepartment of attorney general, and all court costs, fees, and storage andother proper expenses, shall be taxed against the claimant of the article orhis or her agent; provided, that when the article not in conformity withstandards under the provisions of § 23-24.2-4 can be corrected, the court,after entry of the decree and after the costs, fees, and expenses have beenpaid and a good and sufficient bond, conditioned that the article has beenproperly corrected, has been executed, may, by order, direct that the articlebe delivered to its claimant for correction under the supervision of theconsumer protection unit of the department of attorney general. The expense ofthe supervision shall be paid by the claimant. The article shall be returned tothe claimant of the article on representation to the court by the consumerprotection unit of the department of attorney general that the article is nolonger in violation of this chapter and that the expenses of supervision havebeen paid.
