Misbranded dangerous caustic or corrosive substance may be proceeded against in justice’s court; condemnation, destruction or sale; disposition of sale proceeds.
1. Any dangerous caustic or corrosive substance in a misbranded parcel, package or container suitable for household use that is being sold, bartered or exchanged, or held, displayed or offered for sale, barter or exchange, shall be liable to be proceeded against in any justice’s court of the county wherein such sale, barter, exchange, display, offer for sale, barter or exchange shall take place within the jurisdiction of which the same is found, and if such substance is condemned as misbranded, it shall be disposed of by destruction or sale, as the court may direct.
2. If sold, the proceeds, less the actual costs and charges, shall be paid over to the State Treasurer. Such substance shall not be sold contrary to the laws of the State.
3. Upon the payment of the costs of such proceedings and the execution and delivery of a good and sufficient bond to the effect that such substance will not be unlawfully sold or otherwise disposed of, the court may by order direct that such substance be delivered to the owner thereof.
Last modified: February 26, 2006