LAC 49:I.141. Seizure [Formerly 49:1.0230]

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.