Sec. 18. (a) Whenever a duly authorized agent of the state department finds or has probable cause to believe that any food, drug, device, or cosmetic is:
(1) adulterated; or
(2) so misbranded as to be dangerous or fraudulent;
within the meaning of IC 16-42-1 through IC 16-42-4, the state health commissioner or the commissioner's legally authorized agent shall affix to the merchandise a tag or other appropriate marking as described in subsection (b).
(b) The tag or marking required in subsection (a) must do the following:
(1) Give notice that the merchandise is or is suspected of being adulterated or misbranded.
(2) Give notice that the merchandise has been detained or embargoed as follows:
(A) Not more than fifteen (15) days in the case of food.
(B) Ten (10) days in the case of drugs and cosmetics.
(3) Contain a warning to all persons not to remove or dispose of the merchandise by sale or otherwise until permission for removal or disposal is given by the state department or the court.
(c) A person may not remove or dispose of detained or embargoed merchandise by sale or otherwise without permission of the state department or the court.
(d) The claimant may, under the supervision of the state department, destroy the detained merchandise.
(e) If the state department finds that merchandise that has been detained or embargoed is not adulterated or misbranded, the state department shall remove the tag or marking.
[Pre-1993 Recodification Citation: 16-1-28-22.]
As added by P.L.2-1993, SEC.25. Amended by P.L.149-2017, SEC.9.
Structure Indiana Code
Article 42. Regulation of Food, Drugs, and Cosmetics
Chapter 1. Uniform Food, Drug, and Cosmetic Act: General Provisions
16-42-1-1.1. Duties of State Veterinarian and State Board of Animal Health
16-42-1-2. Authority to Adopt Certain Federal Regulations
16-42-1-3. Adoption of Regulations; Notice and Hearing
16-42-1-4. Construction of Act and Rules
16-42-1-5. Federal Agency References; Successor Agency
16-42-1-7. Misleading Advertising or Labeling; Evaluation of Representations
16-42-1-8. Labeling Requirements; Visibility
16-42-1-9. Advertisements; Curative or Therapeutic Effect for Certain Diseases
16-42-1-10. Samples or Specimen; Investigation and Examination
16-42-1-11. Inspection of Records
16-42-1-12. Access to and Copying of Records; Use of Evidence
16-42-1-13. Entry and Inspections
16-42-1-14. Report of Judgments, Orders, and Decrees
16-42-1-15. Dissemination of Information
16-42-1-16. Prohibited Acts; Defenses; Injunctions
16-42-1-17. Schedule of Civil Penalties; Order of Compliance; Consolidation of Proceedings
16-42-1-18. Embargo or Detention of Adulterated or Misbranded Merchandise; Tagging or Marking
16-42-1-19. Condemnation of Detained or Embargoed Merchandise; Petition
16-42-1-20. Seizure and Destruction of Embargoed or Detained Merchandise
16-42-1-21. Filing of Answer or Demurrer
16-42-1-22. Rights of Litigants
16-42-1-25. Judgment for Costs
16-42-1-26. Return of Libeled Merchandise; Liability for Damages
16-42-1-27. New Trial; Appeal; Appeal Bond
16-42-1-28. Judgment as Evidence
16-42-1-29. Costs Not Adjudicated Against Defendants
16-42-1-30. Libel for Condemnation; Procedure
16-42-1-31. Destruction of Adulterated or Misbranded Products; Expenses
16-42-1-32. Notice and Opportunity for Hearing Preceding Criminal Prosecution