2006 Code of Virginia § 54.1-3459 - Tagging of adulterated or misbranded drugs, devices, or cosmetics; condemnation; destruction; expen...

54.1-3459. Tagging of adulterated or misbranded drugs, devices, orcosmetics; condemnation; destruction; expenses.

A. Whenever a duly authorized agent of the Board finds, or has probable causeto believe, that any drug, device, or cosmetic is adulterated, or somisbranded as to be dangerous or fraudulent, within the meaning of thischapter or is in violation of 54.1-3457, he shall affix to such article atag or other appropriate marking, giving notice that such article is, or issuspected of being, adulterated or misbranded or in violation of 54.1-3457and has been detained. The tag shall also warn all persons not to remove ordispose of such article by sale or otherwise until permission for removal ordisposal is given by an authorized agent or the court. It shall be unlawfulfor any person to remove or dispose of such detained article by sale orotherwise without permission.

B. When an article is adulterated or misbranded or is in violation of 54.1-3421, the Board may petition the circuit court in whose jurisdiction thearticle is detained for condemnation of such article. When an authorizedagent finds that an article which has been detained is not adulterated ormisbranded, or in violation of 54.1-3421, he shall remove the tag or othermarking.

C. If the court finds that a detained article is adulterated or misbranded,or in violation of 54.1-3421, such article shall, after entry of thedecree, be destroyed at the expense of the claimant, under the supervision ofan authorized agent, and all court costs and fees, and storage and otherproper expenses, shall be levied against the claimant or his agent. When theadulteration or misbranding can be corrected by proper labeling or processingof the article, the court shall order the article to be properly labeled orprocessed. The expense of the supervision shall be paid by the claimant. Thearticle shall be returned to the claimant and the bond shall be discharged onthe representation to the court by the Board that the article is no longer inviolation of this chapter, and that the expenses of such supervision havebeen paid.

(1970, c. 650, 54-524.88; 1988, c. 765.)