Louisiana Administrative Code
Title 49 - PUBLIC HEALTH-FOOD, DRUGS, AND COSMETICS
Part I - Regulations
Chapter 1 - General Regulations
Section I-141 - Seizure [Formerly 49:1.0230]
Universal Citation: LA Admin Code I-141
Current through Register Vol. 50, No. 9, September 20, 2024
A. Any food, drug or cosmetic which is adulterated or misbranded within the provisions of the Act, and which has been manufactured for sale or is held in possession with intent to sell, offer or expose for sale, or is sold, transported or delivered for sale within this state, shall be liable to seizure as provided in R.S. 40: 633. Any product so seized shall be disposed of as follows.
1.
Released under bond for reconditioning or relabeling in accordance with Section
632(c) of the Act, if after the analysis the product is found to be of such
quality that it may be reconditioned or if the violation is one of misbranding
that may be corrected by relabeling; provided that the reconditioning or
relabeling; provided that the recondition or relabeling shall be done under the
supervision of an officer or agent of the department.
2. Submitted to the court for a court order
of condemnation and destruction in accordance with
Section
634 of the Act, if after analysis
the product is found to be adulterated but is not of a perishable nature or
cannot be reconditioned and the owner refuses to authorize its destruction. If
a judgment of condemnation and destruction is rendered against the product, the
same shall be disposed of by destruction or sale as the court may direct, but
such goods shall not be sold contrary to the provisions of the Food, Drugs and
Cosmetic Act, or of these regulations.
3. Condemned and destroyed in accordance with
Section
635 of the Act, if the material
constitutes a nuisance as provided for in that section.
AUTHORITY NOTE: Promulgated in accordance with Louisiana Revised Statutes of 1950, Title 40, as amended.
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