111860-111895

HEALTH AND SAFETY CODE
SECTION 111860-111895




111860.  Whenever an authorized agent of the department finds, or
has probable cause to believe, that any food, drug, device, or
cosmetic is adulterated, misbranded, or falsely advertised within the
meaning of this part, or the sale of any food, drug, device, or
cosmetic would be in violation of this part, that agent shall affix
to the food, drug, device, cosmetic, or component thereof, a tag or
other appropriate marking. He or she shall give notice that the food,
drug, device, or cosmetic is, or is suspected of being, adulterated,
misbranded, falsely advertised, or the sale of which would be in
violation of this part and has been embargoed, and that no person
shall remove or dispose of the food, drug, device, or cosmetic by
sale or otherwise until permission for removal or disposal is given
by an authorized agent of the department or the court.



111865.  It is unlawful for any person to remove, sell, or dispose
of a detained or embargoed food, drug, device, or cosmetic without
permission of an authorized agent of the department or the court.



111870.  When an authorized agent of the department has found that a
food, drug, device, or cosmetic that is embargoed, is not
adulterated, misbranded, falsely advertised, or the sale of which is
not otherwise in violation of this part, that agent shall remove the
tag or other marking.



111875.  When an authorized agent of the department finds, or has
reasonable cause to believe, that the embargo will be violated, that
agent may remove the embargoed food, drug, device, or cosmetic to a
place of safekeeping.


111880.  If a food, drug, device, or cosmetic is alleged to be
adulterated, misbranded, falsely advertised, or the sale of which is
otherwise in violation of this part, the department shall commence
proceedings in the superior court in whose jurisdiction the food,
drug, device, or cosmetic is located, for condemnation of the
article.



111885.  If the court finds that an embargoed food, drug, device, or
cosmetic is adulterated, misbranded, falsely advertised, or the sale
of which is otherwise in violation of this part, the food, drug,
device, or cosmetic shall, after entry of the judgment, be destroyed
at the expense of the claimant or owner, under the supervision of an
authorized agent of the department. All court costs and fees and all
reasonable costs incurred by the department in investigating and
prosecuting the action, including, but not limited to, the costs of
storage and testing, shall be taxed against the claimant or owner of
the food, drug, device, or cosmetic or his or her agent. When the
adulteration or misbranding can be corrected by proper labeling or
processing of the food, drug, device, or cosmetic, or when the false
advertisement can be corrected and when all provisions of this part
can be complied with, then, after entry of the judgment and after
costs, fees, and expenses have been paid and a good and sufficient
bond, conditioned that the food, drug, device, or cosmetic will be
brought into compliance, the court may, by order, direct that the
food, drug, device, or cosmetic be delivered to the claimant or owner
to be brought into compliance by labeling, processing, or other
means under the supervision of an authorized agent of the department.
The expense of the supervision shall be paid by the claimant or
owner. The bond shall be discharged when the court finds that the
food, drug, device, or cosmetic is no longer held for sale in
violation of this part and that all of the expenses of supervision
have been paid.



111890.  Whenever an authorized agent of the department finds any
meat, meat products, seafood, poultry, vegetable, fruit, or other
food that is unsound, or that contains any filthy, decomposed, or
putrid substance, or that may be poisonous or deleterious to health,
or otherwise unsafe, that agent may declare the food to be a nuisance
and the department, or its authorized agent, shall condemn or
destroy it, or render it unsalable as human food by
decharacterization.


111895.  Any superior court of this state may condemn any food,
drug, device, or cosmetic under provisions of this part. In the
absence of an order, the food, drug, device, or cosmetic may be
destroyed under the supervision of an authorized agent of the
department who has the written consent of the owner, his or her
attorney, or authorized representative.