§ 3.1-833. (Repealed effective October 1, 2008) Withholding noncomplying remedies from sale; tagging, condemna...
The Commissioner, or his agent, shall cause animal remedies, which are found or believed not to comply with §§ 3.1-829 through 3.1-844, inclusive, to be withheld from sale pending compliance with such sections.
1. Whenever the Commissioner, or his agent, finds or has reasonable cause to believe an animal remedy is adulterated or misbranded he shall affix to such article a tag or other appropriate marking, giving notice that such article is, or is suspected of being, adulterated or misbranded and has been detained and warning all persons not to dispose of such article in any manner until permission is given by the Commissioner, or his agent, or the court. Any such article may be removed from display by the manufacturer or vendor, but must be left on the premises.
2. If such a detained article is found, after examination and analysis, to be adulterated or misbranded, the Commissioner may petition the judge of any court of competent jurisdiction in whose jurisdiction the article is detained for condemnation of such article. If the Commissioner finds that such detained article is not adulterated or misbranded, he shall remove the tag or other marking.
3. If the court finds that a detained animal remedy is adulterated or misbranded, such article shall, after entry of the decree, be destroyed at the expense of the defendant, under the supervision of the Commissioner, or his 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 processing or labeling of the article, the court, after entry of the decree and after such costs, fees and expenses have been paid and a sufficient bond, conditioned that such article shall be so processed or labeled, has been executed, may order such article to be delivered to the defendant for such processing or labeling under the supervision of the Commissioner, or his agent. The expense of such supervision shall be paid by the defendant. The bond shall be returned to the defendant on the representation to the court by the Commissioner that the article no longer violates §§ 3.1-829 through 3.1-844, inclusive, and that expenses incident to such proceeding were paid.
(Code 1950, § 3-646.4; 1956, c. 517; 1966, c. 702; 1994, c. 910.)
Sections: Previous 3.1-829 3.1-830 3.1-831 3.1-832 3.1-833 3.1-834 3.1-835 3.1-836 3.1-837 3.1-838 3.1-839 3.1-840 3.1-841 3.1-842 3.1-843 NextLast modified: April 16, 2009