Effective - 02 Jan 1979
196.030. Agent of department of health and senior services shall tag, detain and embargo adulterated, tainted, or misbranded articles. — 1. Whenever a duly authorized agent of the department of health and senior services finds or has probable cause to believe, that any food, drug, device, or cosmetic is adulterated, or so misbranded as to be dangerous or fraudulent, within the meaning of sections 196.010 to 196.120, he 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, and warning all persons not to remove or dispose of such article by sale or otherwise until permission for removal or disposal is given by such agent or the court. It shall be unlawful for any person to remove or dispose of such detained or embargoed article by sale or otherwise without such permission.
2. When an article detained or embargoed under subsection 1 has been found by such agent to be adulterated, or misbranded, he shall petition any circuit or associate circuit judge, in whose jurisdiction the article is detained or embargoed for an order for condemnation of such article. When such agent has found that an article so detained or embargoed is not adulterated or misbranded, he shall remove the tag or other marking.
3. If the court finds that a detained or embargoed article is adulterated or misbranded within the meaning of sections 196.010 to 196.120, such article shall, after entry of the decree, be destroyed or sold under the supervision of such agent, as the court may direct, but no such article shall be sold contrary to any provisions of said sections, and the proceeds thereof, if sold, less the legal costs and charges, shall be paid into the general fund of the state of Missouri; provided, that when the adulteration or misbranding can be corrected by proper labeling or processing of the article, the court, after entry of the decree and after such costs, fees, and expenses have been paid and a good and sufficient bond, conditioned that such article shall be so labeled or processed, has been executed, may by order direct that such article be delivered to the claimant thereof for such labeling or processing under the supervision of an agent of the department of health and senior services. The expense of such supervision shall be paid by the claimant. When the article is no longer in violation of sections 196.010 to 196.120, and the expenses of such supervision have been paid, the department of health and senior services shall present these facts to the court, and such bond shall be then returned to the claimant of the article.
4. Whenever the department of health and senior services or any of its authorized agents shall find in any room, building, vehicle of transportation or other structure, any meat, seafood, poultry, vegetable, fruit or other perishable articles which are unsound, or contain any filthy, decomposed, or putrid substance, or that may be poisonous or deleterious to health or otherwise unsafe, the department of health and senior services, or its authorized agent, shall forthwith condemn or destroy the same or in any other manner render the same unsalable as human food if the person found in possession of same or claiming possession or ownership of same shall agree to such action; provided that if any such person refuse to permit such action by the department of health and senior services or its agent, such agent may serve such person with a written notice directing him to hold or store any such articles for a period not longer than three days from the date of service of such notice. Such notice shall also prohibit any such person from selling or in any manner disposing of such articles of food during the prescribed period. The department of health and senior services or its agent after issuing any such notice shall immediately apply to the circuit court in whose jurisdiction such articles of food may be found or held for an order to condemn or destroy same. Upon the application for such order the court shall immediately hold a summary hearing and at the conclusion thereof shall either grant the order requested or shall order the articles of food in question released to the person claiming ownership or possession thereof. Upon the application for any such order, the court may make such orders for the custody, storage, or temporary preservation of any of such articles of food as may under the circumstances be deemed proper. After the hearing prescribed for herein, if the court find the complaint to be sustained, the court may direct the articles of food to be disposed of as provided for by subsection 3 of this section.
--------
(L. 1943 p. 559 § 9861, A.L. 1978 H.B. 1634)
Effective 1-2-79
Structure Missouri Revised Statutes
Title XII - Public Health and Welfare
Chapter 196 - Food, Drugs and Tobacco
Section 196.010 - Definitions.
Section 196.015 - Certain acts prohibited.
Section 196.020 - Injunction will lie to restrain violations of section 196.015.
Section 196.025 - Punishment for violations, exceptions.
Section 196.035 - Duty of prosecuting attorney.
Section 196.050 - Not to prescribe more stringent regulations than prescribed by federal act.
Section 196.055 - Access to places in which food, drugs, devices or cosmetics are manufactured.
Section 196.060 - Carriers in interstate commerce shall permit access to records of shipments.
Section 196.065 - Publication of reports of judgments, decrees and court orders.
Section 196.070 - Food, when deemed adulterated — industrial hemp content, effect of.
Section 196.075 - Food, when deemed misbranded.
Section 196.085 - Use of poisonous or deleterious substances.
Section 196.090 - Sections 196.010 to 196.120 not applicable to animal food or garbage.
Section 196.095 - When drug or device adulterated.
Section 196.100 - When drug or device misbranded.
Section 196.105 - Provisions governing selling or delivering new drug.
Section 196.110 - When a cosmetic deemed adulterated.
Section 196.115 - When a cosmetic deemed misbranded.
Section 196.120 - Advertisement, when deemed false.
Section 196.150 - Sale of horse and mule meat prohibited except when labeled as such meat.
Section 196.160 - Lawful to sell goat meat, when.
Section 196.165 - Falsely representing food to be kosher prohibited, penalty — kosher defined.
Section 196.170 - Mixed flour to be branded.
Section 196.190 - To what places law applies.
Section 196.195 - Contents of places and utensils used must be protected.
Section 196.210 - Toilet rooms provided.
Section 196.220 - Not used for sleeping purposes.
Section 196.225 - Employees with communicable disease prohibited, where.
Section 196.230 - Abatement of violations by director.
Section 196.240 - Authorization by director to close health menace.
Section 196.245 - Order to specify what — revocation — reopening.
Section 196.250 - Construction of the word close.
Section 196.265 - Penalty for violation.
Section 196.271 - Food manufacturers or distributors may register.
Section 196.311 - Definitions.
Section 196.313 - License to sell eggs required — exceptions.
Section 196.316 - License requirements — applications — kinds of licenses — fees — posting.
Section 196.318 - Licensees to keep records.
Section 196.321 - Standards and grades to be fixed.
Section 196.323 - Kinds of eggs which may be sold.
Section 196.326 - Egg containers to be marked or labeled.
Section 196.328 - Containers not required to be marked, when.
Section 196.331 - Sign required on sale from bulk lots.
Section 196.333 - Markings in case of eggs from different species of fowl.
Section 196.336 - Advertisements of price to give size and quality.
Section 196.338 - Dealer to furnish retailer with invoice showing size and quality.
Section 196.341 - Processing plants kept clean — standards — inspection — rulemaking, procedure.
Section 196.343 - Inspection of business premises and records.
Section 196.346 - Stop-sale orders, effect — appeals.
Section 196.348 - Court may order seizure of eggs, when — condemnation.
Section 196.351 - License suspended or revoked, when, procedure — appeal.
Section 196.352 - Civil penalty authorized, when.
Section 196.354 - Duties of director of agriculture — rules and regulations.
Section 196.357 - Violations may be enjoined.
Section 196.361 - Violation a misdemeanor.
Section 196.450 - Definitions.
Section 196.455 - Annual license required.
Section 196.465 - Semiannual inspection of plants.
Section 196.470 - Form and expiration of license.
Section 196.475 - Gas masks, alarm bell, and illumination required.
Section 196.480 - Requirements before issuance of license.
Section 196.485 - Temperature requirements and record.
Section 196.490 - Food to be quick frozen before placed in locker.
Section 196.495 - Record of name and address of user.
Section 196.500 - Accurate and complete report of weight of food.
Section 196.505 - Designation of food not for human consumption.
Section 196.510 - Operator to have lien on property for rentals — furnish content insurance.
Section 196.515 - Revocation of license — enforcement.
Section 196.520 - Short title.
Section 196.525 - Definitions.
Section 196.530 - Standards to be maintained.
Section 196.540 - Administration by state milk board — rules, promulgation — exempt products.
Section 196.542 - Fees for licenses.
Section 196.545 - Unlawful sale of dairy products.
Section 196.550 - Grading of products — right to protest accuracy, procedure.
Section 196.555 - The state milk board's right of access.
Section 196.560 - Records of purchases and sales.
Section 196.565 - The state milk board may take samples.
Section 196.570 - Condemnation of illegal dairy products.
Section 196.575 - Unidentified products subject to seizure.
Section 196.580 - Confiscated products released to owner, when.
Section 196.585 - Inspection, interference prohibited.
Section 196.590 - Suspension or revocation of licenses.
Section 196.595 - Substandard products, sale or production prohibited.
Section 196.610 - Penalty for violation.
Section 196.695 - Filled milk defined.
Section 196.700 - Emulsified cream defined.
Section 196.705 - Fat or oil other than milk fat prohibited.
Section 196.710 - Emulsified cream and filled milk prohibited.
Section 196.715 - Penalty for violation.
Section 196.735 - Labeling of cheese.
Section 196.740 - Labeling for shipments of skimmed milk.
Section 196.815 - Receptacles defined.
Section 196.820 - Receptacles kept clean.
Section 196.825 - Return of shipping containers.
Section 196.830 - Receptacle cleaned and returned to distributor.
Section 196.840 - Examination and tuberculin test of cattle, when.
Section 196.845 - Violation a misdemeanor.
Section 196.851 - Applicability — purpose of law.
Section 196.856 - Definitions of products subject to law.
Section 196.872 - Rules and regulations for minimum sanitation to be established, procedure.
Section 196.886 - Sale regulations — labeling.
Section 196.895 - Violation of law a misdemeanor.
Section 196.931 - Definitions.
Section 196.933 - Certain products exempted.
Section 196.937 - Penalty — violation by employee is violation by employer.
Section 196.941 - State milk board, membership, qualifications, appointment.
Section 196.945 - Inspection fee, payable when — hearing and notice before fee established.
Section 196.949 - State inspection of milk or milk products not required, when.
Section 196.951 - State milk board official rating agency — survey made, when, how.
Section 196.953 - Injunctive relief authorized.
Section 196.955 - Valid grade A milk permit holder may continue to sell grade A milk.
Section 196.957 - Only one inspection required.
Section 196.959 - Appeal from order or regulation of board, how taken.
Section 196.970 - Citation of law.
Section 196.973 - Definitions.
Section 196.976 - Prescription drug repository program established, criteria.
Section 196.981 - Immunity from civil or criminal liability, when.
Section 196.984 - Administrative rules, authority to promulgate.
Section 196.1000 - Definitions.
Section 196.1003 - Requirements.
Section 196.1020 - Definitions.
Section 196.1026 - Nonresident or foreign nonparticipating manufacturers, requirements.
Section 196.1100 - Trust fund established, purpose — reversion to general revenue prohibited.
Section 196.1109 - Moneys appropriated from trust fund, purposes.
Section 196.1109 - Moneys appropriated from trust fund, purposes.
Section 196.1115 - Board's powers, duties and limitation on expenditures.
Section 196.1115 - Board's powers, duties and limitation on expenditures.
Section 196.1127 - Appropriation to board subject to certain requirements.