Sec. 431.052. CORRECTION BY PROPER LABELING OR PROCESSING. (a) A court may order the delivery of a sampled article or a detained or embargoed article that is adulterated or misbranded to the claimant of the article for labeling or processing under the supervision of the department if:
(1) the decree has been entered in the suit;
(2) the costs, fees, and expenses of the suit have been paid;
(3) the adulteration or misbranding can be corrected by proper labeling or processing; and
(4) a good and sufficient bond, conditioned on the correction of the adulteration or misbranding by proper labeling or processing, has been executed.
(b) The claimant shall pay the costs of the supervision.
(c) The court shall order that the article be returned to the claimant and the bond discharged on the representation to the court by the department that the article no longer violates this chapter and that the expenses of the supervision are paid.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0953, eff. April 2, 2015.
Structure Texas Statutes
Title 6 - Food, Drugs, Alcohol, and Hazardous Substances
Subtitle A - Food and Drug Health Regulations
Chapter 431 - Texas Food, Drug, and Cosmetic Act
Section 431.043. Access to Records
Section 431.044. Access to Records Showing Movement in Commerce
Section 431.045. Emergency Order
Section 431.046. Violation of Rules
Section 431.047. Violation; Injunction
Section 431.048. Detained or Embargoed Article
Section 431.049. Removal Order for Detained or Embargoed Article
Section 431.0495. Recall Orders
Section 431.051. Destruction of Article
Section 431.052. Correction by Proper Labeling or Processing
Section 431.053. Condemnation of Perishable Articles
Section 431.054. Administrative Penalty
Section 431.055. Administrative Penalty Assessment Procedure
Section 431.056. Payment of Administrative Penalty
Section 431.057. Refund of Administrative Penalty
Section 431.058. Recovery of Administrative Penalty by Attorney General
Section 431.0585. Civil Penalty
Section 431.059. Criminal Penalty; Defenses