Indiana Code
Chapter 1. Uniform Food, Drug, and Cosmetic Act: General Provisions
16-42-1-18. Embargo or Detention of Adulterated or Misbranded Merchandise; Tagging or Marking

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

Indiana Code

Title 16. Health

Article 42. Regulation of Food, Drugs, and Cosmetics

Chapter 1. Uniform Food, Drug, and Cosmetic Act: General Provisions

16-42-1-1. Purpose of Act

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

16-42-1-6. Registration of Manufacturer, Processor, Repackager, or Wholesale Distributor; Maintaining Place of Business in State

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

16-42-1-23. Election to Divide Libeled Merchandise Into Lots; Dismissal as to Particular Lots; Consent to Destruction of Particular Lots

16-42-1-24. Judgment

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

16-42-1-33. Minor Violations

16-42-1-34. Chapter Violations; Offenses

16-42-1-35. Confidential Complaint Information