§ 130A-21. Embargo. - North Carolina Statutes

§ 130A‑21.  Embargo.

(a)        In addition to theauthority of the Department of Agriculture and Consumer Services pursuant toG.S. 106‑125, the Secretary of Environment and Natural Resources or alocal health director has authority to exercise embargo authority concerningfood or drink pursuant to G.S. 106‑125(a), (b) and (c) when the food ordrink is in an establishment that is subject to regulation by the Department ofEnvironment and Natural Resources pursuant to this Chapter, that is subject torules adopted by the Commission, or that is the subject of an investigationpursuant to G.S. 130A‑144; however, no such action shall be taken in anyestablishment or part of an establishment that is under inspection or otherwiseregulated by the Department of Agriculture and Consumer Services or the UnitedStates Department of Agriculture other than the part of the establishment thatis subject to regulation by the Department of Environment and Natural Resourcespursuant to this Chapter. Any action under this section shall only be taken by,or after consultation with, Department of Environment and Natural Resourcesregional environmental health specialists, or the Director of the Division ofEnvironmental Health or the Director's designee, in programs regulating food anddrink pursuant to this Chapter or in programs regulating food and drink thatare subject to rules adopted by the Commission. Authority under this sectionshall not be delegated to individual environmental health specialists in localhealth departments otherwise authorized and carrying out laws and rulespursuant to G.S. 130A‑4. When any action is taken pursuant to thissection, the Department of Environment and Natural Resources or the localhealth director shall immediately notify the Department of Agriculture andConsumer Services. For the purposes of this subsection, all duties andprocedures in G.S. 106‑125 shall be carried out by the Secretary of theDepartment of Environment and Natural Resources or the local health directorand shall not be required to be carried out by the Department of Agricultureand Consumer Services. It shall be unlawful for any person to remove or disposeof the food or drink by sale or otherwise without the permission of aDepartment of Environment and Natural Resources regional environmental healthspecialist, the Director of the Division of Environmental Health or theDirector's designee, the local health director, or a duly authorized agent ofthe Department of Agriculture and Consumer Services, or by the court inaccordance with the provisions of G.S. 106‑125.

(b)        If the Secretary ofEnvironment and Natural Resources or a local health director has probable causeto believe that any milk designated as Grade "A" milk is misbrandedor does not satisfy the milk sanitation rules adopted pursuant to G.S. 130A‑275,the Secretary of Environment and Natural Resources or a local health directormay detain or embargo the milk by affixing a tag to it and warning all personsnot to remove or dispose of the milk until permission for removal or disposalis given by the official by whom the milk was detained or embargoed or by thecourt. It shall be unlawful for any person to remove or dispose of the detainedor embargoed milk without that permission.

The official by whom the milkwas detained or embargoed shall petition a judge of the district or superiorcourt in whose jurisdiction the milk is detained or embargoed for an order forcondemnation of the article. If the court finds that the milk is misbranded orthat it does not satisfy the milk sanitation rules adopted pursuant to G.S.130A‑275, either the milk shall be destroyed under the supervision of thepetitioner or the petitioner shall ensure that the milk will not be used forhuman consumption as Grade "A" milk. All court costs and fees,storage, expenses of carrying out the court's order and other expense shall betaxed against the claimant of the milk. If, the milk, by proper labelling orprocessing, can be properly branded and will satisfy the milk sanitation rulesadopted pursuant to G.S. 130A‑275, the court, after the payment of allcosts, fees, and expenses and after the claimant posts an adequate bond, mayorder that the milk be delivered to the claimant for proper labelling andprocessing under the supervision of the petitioner. The bond shall be returnedto the claimant after the petitioner represents to the court either that themilk is no longer mislabelled or in violation of the milk sanitation rulesadopted pursuant to G.S. 130A‑275, or that the milk will not be used forhuman consumption, and that in either case the expenses of supervision havebeen paid.

(c)        If the Secretary ofEnvironment and Natural Resources or a local health director has probable causeto believe that any scallops, shellfish or crustacea is adulterated or misbranded,the Secretary of Environment and Natural Resources or a local health directormay detain or embargo the article by affixing a tag to it and warning allpersons not to remove or dispose of the article until permission for removal ordisposal is given by the official by whom it was detained or embargoed or bythe court. It shall be unlawful for any person to remove or dispose of thedetained or embargoed article without that permission.

The official by whom thescallops, shellfish or crustacea was detained or embargoed shall petition ajudge of the district or superior court in whose jurisdiction the article isdetained or embargoed for an order for condemnation of the article. If thecourt finds that the article is adulterated or misbranded, that article shallbe destroyed under the supervision of the petitioner. All court costs and fees,storage and other expense shall be taxed against the claimant of the article.If, the article, by proper labelling can be properly branded, the court, afterthe payment of all costs, fees, expenses, and an adequate bond, may order thatthe article be delivered to the claimant for proper labelling under thesupervision of the petitioner. The bond shall be returned to the claimant afterthe petitioner represents to the court that the article is no longermislabelled and that the expenses of supervision have been paid.

(d)        Nothing in thissection is intended to limit the embargo authority of the Department ofAgriculture and Consumer Services. The Department of Environment and NaturalResources and the Department of Agriculture and Consumer Services areauthorized to enter agreements respecting the duties and responsibilities ofeach agency in the exercise of their embargo authority.

(e)        For the purpose ofthis section, a food or drink is adulterated if the food or drink is deemedadulterated under G.S. 106‑129; and food or drink is misbranded if it isdeemed misbranded under G.S. 106‑130. (1983, c. 891, s. 2; 1997‑261, s. 109; 1997‑443,s. 11A.63A; 2006‑80, s. 1; 2007‑7, s. 1.)