2006 Code of Virginia § 3.1-833 - Withholding noncomplying remedies from sale; tagging, condemnation and destruction of adulterated o...

3.1-833. Withholding noncomplying remedies from sale; tagging, condemnationand destruction of adulterated or misbranded remedies; correction ofadulteration or misbranding.

The Commissioner, or his agent, shall cause animal remedies, which are foundor believed not to comply with 3.1-829 through 3.1-844, inclusive, to bewithheld from sale pending compliance with such sections.

1. Whenever the Commissioner, or his agent, finds or has reasonable cause tobelieve an animal remedy is adulterated or misbranded he shall affix to sucharticle a tag or other appropriate marking, giving notice that such articleis, or is suspected of being, adulterated or misbranded and has been detainedand warning all persons not to dispose of such article in any manner untilpermission is given by the Commissioner, or his agent, or the court. Any sucharticle may be removed from display by the manufacturer or vendor, but mustbe left on the premises.

2. If such a detained article is found, after examination and analysis, to beadulterated or misbranded, the Commissioner may petition the judge of anycourt of competent jurisdiction in whose jurisdiction the article is detainedfor condemnation of such article. If the Commissioner finds that suchdetained article is not adulterated or misbranded, he shall remove the tag orother marking.

3. If the court finds that a detained animal remedy is adulterated ormisbranded, such article shall, after entry of the decree, be destroyed atthe expense of the defendant, under the supervision of the Commissioner, orhis agent; all court costs and fees, and storage and other proper expenses,shall be levied against the defendant or his agent.

4. If the adulteration or misbranding can be corrected by proper processingor labeling of the article, the court, after entry of the decree and aftersuch costs, fees and expenses have been paid and a sufficient bond,conditioned that such article shall be so processed or labeled, has beenexecuted, may order such article to be delivered to the defendant for suchprocessing or labeling under the supervision of the Commissioner, or hisagent. The expense of such supervision shall be paid by the defendant. Thebond shall be returned to the defendant on the representation to the court bythe Commissioner that the article no longer violates 3.1-829 through3.1-844, inclusive, and that expenses incident to such proceeding were paid.

(Code 1950, 3-646.4; 1956, c. 517; 1966, c. 702; 1994, c. 910.)