Tennessee Code 53-1-201 – Marking of article as detained or embargoed upon probable cause to believe that food, drug, device, or cosmetic is adulterated or misbranded – Petition for order of condemnation – Destruction – Condemnation or destruction of…
(a) Whenever an agent of the commissioner has probable cause to believe that any food, drug, device, or cosmetic is adulterated or so misbranded as to be dangerous or fraudulent, the agent shall mark the article as “detained” or “embargoed”. It is a violation of this chapter for any person to remove or dispose of the detained or embargoed article by sale or otherwise without permission of the agent or the court.
Cosmetic: means :(A) Articles intended to be rubbed, poured, sprinkled, or sprayed on, introduced into, or otherwise applied to the human body or any part of the human body for cleansing, beautifying, promoting attractiveness, or altering the appearance. See Tennessee Code 53-1-102
Delivered: means transferred to the consumer, either immediately upon sale or at a time thereafter. See Tennessee Code 53-1-102
Drug: means articles, not including devices or their components, parts or accessories, that are: (A) Recognized in the official United States Pharmacopoeia, Official Homeopathic Pharmacopoeia of the United States, Official National Formulary, or any supplement to any of them. See Tennessee Code 53-1-102
Food: means : (A) Articles used for food or drink for humans or other animals. See Tennessee Code 53-1-102
Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
Labeling: means all labels and other written, printed or graphic matter:(A) Upon any article or any of its containers or wrappers. See Tennessee Code 53-1-102
Person: includes an individual, partnership, corporation and association. See Tennessee Code 53-1-102
Probable cause: A reasonable ground for belief that the offender violated a specific law.
(b) When an article detained or embargoed under subsection (a) has been found by the agent to be adulterated or misbranded, the agent shall petition the judge of a circuit or chancery court in whose jurisdiction the article is detained or embargoed for an order of condemnation of the article. If, however, the agent subsequently finds that an article so detained or embargoed is not adulterated or misbranded, or if the agent fails to petition for an order of condemnation within fifteen (15) days of the detainer or embargo, the agent shall remove the marking.(c) If the court finds that a detained or embargoed article is adulterated or misbranded, the article must, after entry of the decree, be destroyed at the expense of the claimant of the detained or embargoed article, under the supervision of the agent, and all court costs and fees, and storage and other proper expenses, shall be taxed against the claimant of the article, unless the adulteration or misbranding can be corrected by proper labeling or processing of the article, in which case the court, after entry of the decree, and after the costs, fees, and expenses have been paid, may, by order, direct that the article be delivered to the claimant of the article for the labeling or processing under the supervision of an agent of the commissioner, with the expense of the supervision to be paid by the claimant.(d) Whenever the commissioner or any of the commissioner’s authorized agents find, in any room, building, vehicle of transportation, or other structure, any meat, seafood, poultry, vegetable, fruit, or other perishable articles that are unsound, or contain any filthy, decomposed, or putrid substance, or that may be poisonous or deleterious to health or otherwise unsafe, the meat, seafood, poultry, vegetable, fruit, or other perishable articles being declared to be a nuisance, the commissioner or the commissioner’s authorized agent shall immediately condemn or destroy the meat, seafood, poultry, vegetable, fruit, or other perishable articles or in any other manner render the meat, seafood, poultry, vegetable, fruit, or other perishable articles unsalable as human food.(e) In addition to the remedies provided elsewhere in this chapter, the commissioner is authorized to apply to a court of competent jurisdiction, and the court shall have jurisdiction upon hearing and for cause shown, to grant a temporary or permanent injunction restraining any person from violating § 53-1-103(a), regardless of whether or not there exists an adequate remedy at law.
