Title 26, Chapter 3, Section 4
( 26-3-4)
(a) Whenever a duly authorized agent of the State Board of Pharmacy
finds or has probable cause to believe that any drug or cosmetic is
adulterated or so misbranded as to be dangerous or fraudulent within
the meaning of this chapter, 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 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. (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 petition the judge of the superior court of the
appropriate county for an action 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 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 State Board of Pharmacy; and all court costs
and fees, storage, and other proper expenses shall be taxed against
the claimant of such articles 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 State Board
of Pharmacy. The expense of such supervision shall be paid by the
claimant. Such article shall be returned to the claimant of the
article on representation to the court by the State Board of
Pharmacy that the article is no longer in violation of this chapter
and that the expense of such supervision has been paid. (d) Whenever the State Board of Pharmacy or any of its authorized
agents shall find in any room, building, vehicle for transportation,
or other structure any drug, device, or cosmetic which is unsound or
contains any filthy, decomposed, or putrid substance or that may be
poisonous or deleterious to health or otherwise unsafe, the same
being declared to be a nuisance, the State Board of Pharmacy or its
authorized agents shall immediately condemn or destroy the same. |