Condemnation and disposal of misbranded articles

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36-1103. Condemnation and disposal of misbranded articles

A. All substances and containers which are misbranded as defined by this article shall, by order of the court, be condemned and ordered destroyed, sold or disposed of as the court directs.

B. Proceeds from such sale less the actual costs, charges and expenses of seizure, holding and sale, as fixed by the court, shall be paid to the county treasurer of the county in which the articles were seized, but no such articles shall be sold contrary to the laws of the state.

C. Upon payment of the costs and expenses fixed by the court and execution and delivery to the court by the owner of the articles of a bond in an amount and with sureties approved by the court, conditioned that the articles will not be unlawfully sold or otherwise disposed of, the court may by order direct that the substances and articles be redelivered to the owner.


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