Title 26, Chapter 2, Section 38
( 26-2-38)
(a) Whenever a duly authorized agent of the Commissioner finds or
has probable cause to believe that any food is adulterated or
misbranded within the meaning of this article, such agent shall
affix to such article or to any container, field, building, or
structure which contains 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 the 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 permission of the Commissioner. Upon application,
the Commissioner shall grant permission to move or dispose of such
article to a safe and secure area and in a safe and secure manner. (b) When an article detained or embargoed under subsection (a) of
this Code section has been found by such agent to be adulterated or
misbranded, he shall bring an action for condemnation of such
article in the superior court of the county where the article is
detained or embargoed. When such agent has found that an article so
detained or embargoed is not adulterated or misbranded, he shall
remove the tags or other markings. (c) If the court finds that a detained or embargoed article is
adulterated or misbranded, such article shall, after entry of the
decree, be destroyed at the expense of the claimant thereof under
the supervision of the Commissioner and all court costs and fees,
and storage and other proper expenses shall be taxed against the
claimant of such article or his agent, 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 proper order direct that such
article be delivered to the claimant thereof for such labeling or
processing under the supervision of an agent of the Commissioner.
The expense of such supervision shall be paid by the claimant. Such
shall be returned to the claimant of the article on representation
to the court by the Commissioner that the article is no longer in
violation of this article and that the expense of such supervision
has been paid. (d) Whenever the Commissioner or any of his authorized agents shall
find in any room, building, vehicle for transportation, or other
structure any meat, seafood, poultry, vegetables, fruit, or other
perishable articles which are unsound, which contain any filthy,
decomposed, or putrid substances, or which might be poisonous or
deleterious to health or otherwise unsafe, the same shall be
declared to be a nuisance and the Commissioner or his authorized
agent shall immediately condemn or destroy or in any other manner
render the same unsalable as human food. |