Sec. 18. (a) Whenever a duly authorized agent of the state department finds or has probable cause to believe that any food, drug, device, or cosmetic is:

(1) adulterated; or

(2) so misbranded as to be dangerous or fraudulent;

within the meaning of IC 16-42-1 through IC 16-42-4, the state health commissioner or the commissioner’s legally authorized agent shall affix to the merchandise a tag or other appropriate marking as described in subsection (b).

     (b) The tag or marking required in subsection (a) must do the following:

(1) Give notice that the merchandise is or is suspected of being adulterated or misbranded.

(2) Give notice that the merchandise has been detained or embargoed as follows:

(A) Not more than fifteen (15) days in the case of food.

(B) Ten (10) days in the case of drugs and cosmetics.

(3) Contain a warning to all persons not to remove or dispose of the merchandise by sale or otherwise until permission for removal or disposal is given by the state department or the court.

     (c) A person may not remove or dispose of detained or embargoed merchandise by sale or otherwise without permission of the state department or the court.

     (d) The claimant may, under the supervision of the state department, destroy the detained merchandise.

     (e) If the state department finds that merchandise that has been detained or embargoed is not adulterated or misbranded, the state department shall remove the tag or marking.

[Pre-1993 Recodification Citation: 16-1-28-22.]

As added by P.L.2-1993, SEC.25. Amended by P.L.149-2017, SEC.9.