The director must tag suspected adulterated or misbranded food, may seek court condemnation, and must or may have the food destroyed or returned depending on whether the defect can be corrected. Certain dangerous perishable foods must be seized immediately and usually destroyed unless the claimant files a written protest within five days.
36-910 - Seizure 36-910 . Seizure A. When the director finds or has probable cause to believe that any food is adulterated or misbranded within the meaning of this article as to be dangerous or fraudulent, he shall affix to such food or its container a tag or other appropriate marking, giving notice that such food 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 food by sale or otherwise until permission for removal or disposal is given by the director or the court. It is unlawful for any person to remove or dispose of such detained or embargoed food by sale or otherwise without such permission. B. When a food detained or embargoed under subsection A has been found by the director to be adulterated or misbranded, he shall, with the assistance of the attorney general or of the county attorney of the county in which such food is found, petition the superior court in the county in which the food is detained or embargoed for an order condemning such food. When the director has found that a food so detained or embargoed is not adulterated or misbranded, he shall remove or cancel the tag or other marking. C. If the court finds that a detained or embargoed food is adulterated or misbranded and that such adulteration or misbranding cannot be corrected by proper processing or labeling, the court shall by order direct that such food be destroyed at the expense of the claimant of the food under the supervision of the director, and all court costs and fees, storage and other proper expenses shall be taxed against the claimant. If the court finds that a detained or embargoed food is adulterated or misbranded, but that such adulteration or misbranding can be corrected by proper processing or labeling, the court may by order direct that, after court costs and fees, storage and other expenses have been paid by the claimant and a good and sufficient bond, guaranteeing that such food shall be so processed or labeled, has been executed, such food shall be returned to the claimant for such processing or labeling under the supervision of the director. Upon representation to the court by the director that the food is no longer in violation of this article, the food shall be released from the supervision and control of the director and the bond shall be exonerated. D. When the director finds in any room, building, vehicle of transportation or other structure any meat, sea food, poultry, vegetable, fruit or other perishable foods which are unsound or contain any filthy, decomposed or putrid substances, or which may be poisonous or presents an imminent endangerment to health, the director shall forthwith seize them and, unless within five days of such seizure the claimant serves a written protest to such action upon the director, destroy them. If such a written protest is timely served on the director, he may petition the court as in subsection B of this section for an order condemning the food. An action brought under this subsection shall be given a calendar preference by the court.