Handling of adulterated or misbranded food; notice of embargo; court proceedings
Checkout our iOS App for a better way to browser and research.
Whenever a duly authorized agent of the State Board of Health finds, or has probable cause to believe, that any food, as defined by this article, is adulterated or so misbranded as to be dangerous or fraudulent, within the meaning of this article, he shall affix to such article a tag or other appropriate marking, giving notice that such article is, or is suspected of being, adulterated or misbranded and has been detained or embargoed and warning all persons not to remove or dispose of such article by sale or otherwise until permission for removal or disposal is given by an authorized agent or the court. It shall be unlawful for any person to remove or dispose of such detained or embargoed article by sale or otherwise without such permission. All costs associated with an embargo or detention of food reasonably believed to be adulterated shall be borne by the owner thereof or his agent.
When an article is adulterated or misbranded, the owner of the article may be proceeded against by petition to the judge of the county or circuit court in whose jurisdiction the article is located, detained or embargoed for a libel for condemnation of such article. When an authorized agent has found that an article which is embargoed or detained is not adulterated or misbranded, he shall remove the tag or other marking.
If the court finds that a sampled, detained or embargoed article is adulterated or misbranded, such article, after entry of the decree, shall be destroyed at the expense of the owner thereof, under the supervision of an agent of the State Board of Health, and all court costs and fees, storage and other proper expenses shall be taxed against the owner of such article or his agent. When the adulteration or misbranding can be corrected by proper labeling or processing of the article, the court, after entry of the decree and after such costs, fees and expenses have been paid and a good and sufficient bond, signifying that such article shall be so labeled or processed, has been executed, may by order direct that such article be delivered to the owner thereof or his agent for such labeling or processing under the supervision of an agent of the State Board of Health. The expense of such supervision shall be paid by owner of the article or his agent. The article shall be returned to the owner or his agent and the bond shall be discharged on the representation to the court by the State Board of Health that the article is no longer in violation of this article and that the expenses of such supervision have been paid.
Whenever any authorized agent of the State Board of Health shall find in any room, building, vehicle of transportation or other structure, any perishable food articles that are unsound or contain any filthy, decomposed or putrid substance or that may be poisonous or deleterious to health or otherwise unsafe, any agent of the State Board of Health shall immediately condemn or destroy the articles, or in any other manner render the articles unsalable as human food.