196.030. Agent of department of health and senior services shall tag, detain and embargo adulterated, tainted, or misbranded articles.

MISSOURI STATUTES AND CODES

196.030. Agent of department of health and senior services shall tag, detain and embargo adulterated, tainted, or misbranded articles.

Agent of department of health and senior services shall tag, detainand embargo adulterated, tainted, or misbranded articles.

196.030. 1. Whenever a duly authorized agent of the department ofhealth and senior services finds or has probable cause to believe, that anyfood, drug, device, or cosmetic is adulterated, or so misbranded as to bedangerous or fraudulent, within the meaning of sections 196.010 to 196.120, heshall affix to such article a tag or other appropriate marking, giving noticethat such article is, or is suspected of being, adulterated or misbranded andhas been detained or embargoed, and warning all persons not to remove ordispose of such article by sale or otherwise until permission for removal ordisposal is given by such agent or the court. It shall be unlawful for anyperson to remove or dispose of such detained or embargoed article by sale orotherwise without such permission.

2. When an article detained or embargoed under subsection 1 has beenfound by such agent to be adulterated, or misbranded, he shall petition anycircuit or associate circuit judge, in whose jurisdiction the article isdetained or embargoed for an order for condemnation of such article. Whensuch agent has found that an article so detained or embargoed is notadulterated or misbranded, he shall remove the tag or other marking.

3. If the court finds that a detained or embargoed article isadulterated or misbranded within the meaning of sections 196.010 to 196.120,such article shall, after entry of the decree, be destroyed or sold under thesupervision of such agent, as the court may direct, but no such article shallbe sold contrary to any provisions of said sections, and the proceeds thereof,if sold, less the legal costs and charges, shall be paid into the general fundof the state of Missouri; provided, that when the adulteration or misbrandingcan 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 beenpaid and a good and sufficient bond, conditioned that such article shall be solabeled or processed, has been executed, may by order direct that such articlebe delivered to the claimant thereof for such labeling or processing under thesupervision of an agent of the department of health and senior services. Theexpense of such supervision shall be paid by the claimant. When the articleis no longer in violation of sections 196.010 to 196.120, and the expenses ofsuch supervision have been paid, the department of health and senior servicesshall present these facts to the court, and such bond shall be then returnedto the claimant of the article.

4. Whenever the department of health and senior services or any of itsauthorized agents shall find in any room, building, vehicle of transportationor other structure, any meat, seafood, poultry, vegetable, fruit or otherperishable articles which are unsound, or contain any filthy, decomposed, orputrid substance, or that may be poisonous or deleterious to health orotherwise unsafe, the department of health and senior services, or itsauthorized agent, shall forthwith condemn or destroy the same or in any othermanner render the same unsalable as human food if the person found inpossession of same or claiming possession or ownership of same shall agree tosuch action; provided that if any such person refuse to permit such action bythe department of health and senior services or its agent, such agent mayserve such person with a written notice directing him to hold or store anysuch articles for a period not longer than three days from the date of serviceof such notice. Such notice shall also prohibit any such person from sellingor in any manner disposing of such articles of food during the prescribedperiod. The department of health and senior services or its agent afterissuing any such notice shall immediately apply to the circuit court in whosejurisdiction such articles of food may be found or held for an order tocondemn or destroy same. Upon the application for such order the court shallimmediately hold a summary hearing and at the conclusion thereof shall eithergrant the order requested or shall order the articles of food in questionreleased to the person claiming ownership or possession thereof. Upon theapplication for any such order, the court may make such orders for thecustody, storage, or temporary preservation of any of such articles of food asmay under the circumstances be deemed proper. After the hearing prescribedfor herein, if the court find the complaint to be sustained, the court maydirect the articles of food to be disposed of as provided for by subsection 3of this section.