65-660. Same; adulterated or misbranded food, drug, device or cosmetic; detaining or embargoing; condemnation proceedings; consolidation, when; samples and analyses of seized articles; destruction of certain perishable food. (a) Whenever the secretary finds or has probable cause to believe, that any food, drug, device or cosmetic is adulterated, contains any substance injurious to public health, is offered in violation of any of the provisions of the food, drug and cosmetic act or rules and regulations adopted thereunder, or so misbranded as to be dangerous or fraudulent, within the meaning of this act, the secretary shall affix to such article a tag or other appropriate marking, giving notice that such article is, or is suspected of being, adulterated or misbranded and has been detained or embargoed. Such tag or marking shall warn all persons not to remove or dispose of such article by sale or otherwise until permission for removal or disposal is given by the secretary. It shall be unlawful for any person to remove such tag or marking from a detained or embargoed article or remove or dispose of such detained or embargoed article by sale or otherwise without the permission of the secretary.
(b) When an article detained or embargoed under subsection (a) has been found to be adulterated or misbranded, the secretary shall issue an order establishing measures to prevent further contamination or threat to the public health. The secretary may order the destruction of contaminated food, drugs, devices or cosmetics if no alternative assures that further contamination or health hazards are averted.
(c) If the secretary finds that an article so detained or embargoed is not adulterated or misbranded, the secretary shall remove the tag or other marking. Any order issued pursuant to subsection (b) or (c) shall be subject to review in accordance with the Kansas judicial review act. Nothing in this section shall be construed as limiting the right of the secretary to proceed as authorized by other sections of this act.
History: L. 1953, ch. 286, § 6; L. 1974, ch. 352, § 101; L. 2012, ch. 145, § 19; July 1.
Structure Kansas Statutes
Article 6 - Food, Drugs And Cosmetics
65-636 Exhibition of title "drugstore," "pharmacy" or "apothecary."
65-643 Caustic or corrosive substances; definition of terms.
65-645 Same; condemnation and disposition.
65-646 Same; enforcement of act.
65-649 Same; sale of household products.
65-655 Food, drug and cosmetic act; title.
65-658 Same; injunction to restrain violation of 65-657.
65-662 Same; minor violations; notice or warning.
65-663 Same; regulations prescribing definitions and standards of identity for food.
65-664 Same; food deemed adulterated, when.
65-665 Same; food deemed misbranded, when.
65-668 Same; drugs or devices deemed adulterated, when.
65-669 Same; drugs or devices deemed misbranded, when.
65-669a New drugs; selling, offering or giving away, restrictions; investigational uses.
65-670 Same; cosmetic deemed adulterated, when.
65-671 Same; cosmetic deemed misbranded, when.
65-672 Same; advertisements of food, drugs, devices or cosmetics deemed false, when.
65-674 Same; free access to establishments and vehicles for inspections and samples.
65-675 Same; reports and dissemination of information.
65-678 Same; cooperation with federal food and drug administration.
65-679 Same; act not to limit authority established under certain other acts.
65-680 Same; invalidity of part.
65-685 Same; enforcement of criminal provisions.
65-687 Limitation on liability of donor for donated food.
65-689 Same; license requirements, fees, inspections, denial, hearing, display; exceptions.
65-690 Same; temporary suspension of license.
65-691 Food establishments and food processing plants; licensure.