3-630. Adulterated products prohibited; exception; containers for poultry or stock feed; labeling

A. A person shall not produce, provide, sell, offer or expose for sale or have in his possession with intent to sell real or trade products which are adulterated or misbranded. The department shall be notified immediately:

1. If real or trade products are found to be adulterated.

2. Before moving or disposing of any adulterated real or trade products.

B. If the director has cause to believe that any real or trade products are adulterated or misbranded and the adulteration or misbranding is dangerous or fraudulent, the director shall:

1. Detain or embargo the product.

2. Affix a tag or other appropriate marking to the product or its container that:

(a) Gives notice that the product is, or is suspected to be, adulterated or misbranded and has been detained or embargoed.

(b) Warns that it is unlawful for a person to remove or dispose of any detained or embargoed real or trade product by sale or otherwise without permission of the director or the court.

C. If the director finds that the detained or embargoed real or trade product is not adulterated or misbranded, the director shall remove or cancel the tag or other marking.

D. If the director finds that the detained or embargoed real or trade product is adulterated or misbranded, the director, with the assistance of the attorney general or county attorney, shall petition the superior court in the county in which the real or trade product is detained or embargoed for an order condemning the product. The petition shall be served in the manner required by the rules of civil procedure.

E. If the court finds that the detained or embargoed real or trade product is adulterated or misbranded and the adulteration or misbranding cannot be corrected by proper processing or labeling, it shall order the product to be destroyed at the expense of the person whom the court finds violated subsection A, who shall also pay all court costs and fees and storage and other proper expenses.

F. If the court finds that the detained or embargoed real or trade product is adulterated or misbranded and the adulteration or misbranding can be corrected by proper processing or labeling, it shall order the product to be returned to the person whom it finds violated subsection A for corrective processing or labeling under the supervision of the director. Before the adulterated or misbranded product is returned, the person whom the court finds violated subsection A shall pay all court costs and fees and storage and other expenses and execute a sufficient bond. The court shall release the product from the supervision of the director and return the bond on notification by the director that the product no longer violates this chapter.

G. If the director finds a perishable real or trade product that is unsound or contains any filthy, decomposed or putrid substance, or which may be poisonous or present an imminent health danger, the director shall promptly seize it and, unless he receives a written protest to his action within five days, destroy it. If the director receives such a written protest, he may petition the court as provided in subsection D for an order condemning the product. The court shall give preference to an action brought under this subsection and shall conduct a hearing as soon as practicable but in no event more than ten days from the time the petition is filed with the court.