US Laws, Codes, Statutes & Cases

                                  TITLE  37
                             FOOD, DRUGS, AND OIL
                                  CHAPTER 1
                      IDAHO FOOD, DRUG AND COSMETIC ACT
    37-118.  TAGGING AND DETENTION OF ARTICLE OR PRODUCT SUSPECTED OF BEING
ADULTERATED OR MISBRANDED -- EMBARGO AND CONDEMNATION UNDER CERTAIN CONDITIONS
AND BY CERTAIN PROCEDURES. (a) Whenever a duly authorized agent of the
director finds or has probable cause to believe, that any food, drug, device,
or cosmetic is adulterated, or so misbranded as to be dangerous or fraudulent,
within the meaning of this act, 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 such 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 such permission.
    (b)  When an article detained or embargoed under subsection (a) of this
section has been found by such agent to be adulterated, or misbranded, he
shall petition the probate court or district court in the county in whose
jurisdiction the article is detained or embargoed for a libel 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 tag or other
marking.
    (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
such agent, 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 order direct that such article be
delivered to the claimant thereof for such labeling or processing under the
supervision of an agent of the director. The expense of such supervision shall
be paid by the claimant. Such bond shall be returned to the claimant of the
article on representation to the court by the director that the article is no
longer in violation of this act, and that the expenses of such supervision
have been paid.
    (d)  Whenever the director or any of its authorized agents shall find in
any room, building, vehicle of transportation or other structure, any meat,
sea food, poultry, vegetable, fruit or other perishable articles which are
unsound, or contain any filthy, decomposed, or putrid substance, or that may
be poisonous or deleterious to health or otherwise unsafe, the same being
hereby declared to be a nuisance, the director or its authorized agent, shall
forthwith condemn or destroy the same, or in any other manner render the same
unsaleable as human food.
    (e)  Whenever the director or its duly authorized agent shall find, or
have probable cause to believe, that any food, drug, device or cosmetic is
offered or exposed for sale, or held in possession with intent to distribute
or sell, or is intended for distribution or sale in violation of any provision
of this act, whether it is in the custody of a common carrier or any other
person, the director may affix to such article a tag or other appropriate
marking, giving notice that such article is, or is suspected of being, in
violation of this act, and has been embargoed. Within seven (7) days after an
embargo has been placed upon any article, the embargo shall be removed by the
director or a summary proceeding for the confiscation of the article shall be
instituted by the director. No person shall remove or dispose of such
embargoed article by sale or otherwise without the permission of the director
or agent; or after summary proceedings have been instituted, without
permission from the court. If the embargo shall be removed by the director or
by the court, neither the director nor the state shall be held liable for
damages because of such embargo in the event that the court shall find that
there was probable cause for the embargo.
    (f)  Such proceeding shall be by complaint, verified by affidavit, which
may be made on information and belief in the name of the director or agent
against the article to be confiscated.
    (g)  The complaint shall contain: (1) a particular description of the
article, (2) the name of the place where the article is located, (3) the name
of the person in whose possession or custody the article was found, if such
name be known to the person making the complaint or can be ascertained by
reasonable effort, and (4) a statement as to the manner in which the article
is adulterated or misbranded or the characteristics which render its
distribution or sale illegal.
    (h)  Upon the filing of the verified complaint, the court shall issue a
warrant directed to the proper officer to seize and take in his possession the
article described in the complaint and bring the same before the court who
issued the warrant and to summon the person named in the warrant, and any
other person who may be found in possession of the article, to appear at the
time and place therein specified.
    (i)  Any such person shall be summoned by service of a copy of the warrant
in the same manner as a summons issuing out of the court in which the warrant
has been issued.
    (j)  The hearing upon the complaint shall be at the time and place
specified in the warrant, which time shall not be less than five (5) days or
more than fifteen (15) days from the date of issuing the warrant, but, if the
execution and service of the warrant has been less than three (3) days before
the return of the warrant, either party shall be entitled to a reasonable
continuance. Upon the hearing the complaint may be amended.
    (k)  Any person who shall appear and claim the food, drug, device, or
cosmetic seized under the warrant shall be required to file a claim in
writing.
    (l)  If, upon the hearing, it shall appear that the article was offered or
exposed for sale, or was in possession with intent to distribute or sell, or
was intended for distribution or sale, in violation of any provision of this
act, it shall be confiscated and disposed of by destruction or sale as the
court may direct, but no such article shall be sold contrary to any provision
of this act. The proceeds of any sale, less the legal costs and charges, shall
be paid into the state treasury.