Sec. 19. (a) When merchandise detained or embargoed under section 18 of this chapter has been found by the state department to be adulterated or misbranded, the state department shall within five (5) days cause to be filed a petition in any circuit or superior court in whose jurisdiction the merchandise is detained or embargoed for condemnation of the merchandise as provided in this chapter.
(b) The proceedings shall be brought in the name of the state by the prosecuting attorney of the county in which a violation occurs against the merchandise, and the petition shall be verified by the state department. The petition must do the following:
(1) Describe the merchandise.
(2) State the location of the merchandise.
(3) State the name of the person, firm, limited liability company, or corporation in actual possession.
(4) State the name of the owner, if known, to the state department.
(5) Allege the particular violation that is claimed to exist.
(6) Otherwise conform to the requirements of a petition for condemnation of an adulterated or misbranded food, drug, device, or cosmetic in the United States courts.
[Pre-1993 Recodification Citation: 16-1-28-23.]
As added by P.L.2-1993, SEC.25. Amended by P.L.8-1993, SEC.252.
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