Title 10, Chapter 1, Section 186
( 10-1-186)
(a) The Commissioner shall administer and enforce this part by
inspections, chemical analyses, or by any other appropriate methods.
All quantities or samples of brake fluid submitted for inspection or
analysis shall be taken from stocks in this state or intended for
sale in this state; or the Commissioner, through his agents, may
call upon the manufacturer or distributor applying for an inspection
or analysis of brake fluid to supply such sample thereof for
inspection or analysis. The Commissioner, through his agents or
inspectors, shall have free access during business hours to all
places of business, buildings, vehicles, cars, and vessels used in
the manufacture, transportation, sale, or storage of any brake
fluid; and the Commissioner, acting through his agents, may open any
box, carton, parcel, package, or container holding, containing, or
supposed to contain any brake fluid and may take therefrom samples
for analysis. (b) If it appears that any of the provisions of this part have been
violated, the Commissioner, acting through his authorized agents,
inspectors, or representatives, is authorized to issue a "stop-sale"
order which shall prohibit further sale or gift of any brake fluid
being sold, exposed for sale, or held with intent to sell within
this state in violation of this part until this part has been
complied with. (c) Any brake fluid not in compliance with this part shall be
subject to seizure upon complaint of the Commissioner or any of his
agents, inspectors, or representatives to a superior court in the
county in which said brake fluid is located. In the event the court
finds that any brake fluid is adulterated or misbranded, it may
order the condemnation of said brake fluid; and such brake fluid
shall be disposed of in any manner consistent with the rules and
regulations of the Commissioner and the laws of this state, provided
that in no instance shall the disposition of said brake fluid be
ordered by the court without first giving the claimant or owner of
same an opportunity to apply to the court for the release of said
brake fluid or for permission to process or label said brake fluid
so as to bring it into compliance with this part. (d) In case any "stop-sale" order shall be issued under this part,
the agents, inspectors, or representatives of the Commissioner shall
release the brake fluid so withdrawn from sale when the requirements
of this part have been complied with and upon payment of all costs
and expenses incurred in connection with the withdrawal. |