Sec. 31. (a) If the court finds that detained or embargoed merchandise is adulterated or misbranded, the merchandise must, after entry of the judgment or decree, be destroyed at the expense of the claimant, under the supervision of the state department.
(b) All:
(1) court costs and fees; and
(2) storage and other proper expenses;
shall be taxed against the claimant of the merchandise or the claimant's agent.
(c) If the adulteration or misbranding of merchandise can be corrected by proper labeling or processing of the merchandise, the court may order the merchandise to be delivered to the claimant for labeling or processing under the supervision of the state department under the following conditions:
(1) After entry of the decree or judgment.
(2) After costs, fees, and expenses have been paid.
(3) After sufficient bond, conditioned that the merchandise be so labeled or processed, is executed.
The expense of the supervision of labeling and processing shall be paid by the claimant. The bond shall be returned to the claimant of the merchandise on representation to the court by the state health commissioner or the commissioner's legally authorized agent that the merchandise no longer violates IC 16-42-1 through IC 16-42-4 and that the expenses of supervision by the state department have been paid.
[Pre-1993 Recodification Citation: 16-1-28-35.]
As added by P.L.2-1993, SEC.25.
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