Sale, examination, condemnation of adulterated or misbranded food

It shall be unlawful for any person within North Dakota to sell, offer, or expose for sale, through vending machines, or to have in possession with intent to sell therefrom any food which is adulterated or misbranded. Samples of food may be taken and examined by the department as often as may be necessary to determine freedom from adulteration or misbranding. The department may, on written notice to the operator, impound and forbid the sale of any food which is adulterated or misbranded, or which the department has probable cause to believe to be adulterated or misbranded. After the operator has been given an opportunity for a hearing, the department may cause to be removed or destroyed any food which is adulterated or misbranded; provided, that in the case of misbranding which can be corrected by proper labeling, such food may be released to the operator for correct labeling under the supervision of the department.