SECTION 189A. Proceedings when food, drugs, cosmetics or devices suspected of being adulterated or misbranded; penalty

Whenever the commissioner of public health or his duly authorized agent finds or has probable cause to believe based upon inspection or chemical, bacteriological or physical examination, that any food, drug, cosmetic or device is adulterated or misbranded, he shall affix or cause to be affixed to such article a tag or other appropriate marking, giving notice that such article is or is suspected of being adulterated or misbranded and has been detained or embargoed for a period of ten days in the case of food and for a period of fifteen days in the case of drugs, cosmetics or devices, and warning all persons not to remove or dispose of such article by sale or otherwise until permission for removal or disposal is given by said commissioner, his agent, or the court; provided, any such article may at the discretion of the manufacturer or claimant be removed from public display but shall not be removed from the immediate premises. The claimant shall be authorized to destroy the article so detained if such article is destroyed under the supervision of an agent of said commissioner. When an article detained or embargoed has been found to be adulterated or misbranded, the commissioner or said agent shall within five days thereafter file a petition in any district or municipal court within whose jurisdiction the article is detained or embargoed for a libel of condemnation of such article. When such agent has found that an article so detained or embargoed is not adulterated or misbranded he shall remove the tag or other marking, thereby permitting its release. If the court finds that a detained or embargoed article is adulterated or misbranded, such article shall after entry of the decree be destroyed at the expense of the claimant thereof under the supervision of such agent; provided, that when the adulteration or misbranding can be corrected by proper labeling or processing of the article, the court after entry of the decree and a good and sufficient bond conditioned that such articles shall be so labeled or processed has been executed by the claimant, may by order direct that such article be delivered to the claimant thereof for such labeling or processing under the supervision of an agent of said commissioner. Such bond shall be returned to the claimant of the article on representation to the court by the commissioner of public health that the article is no longer in violation of the law. Whoever removes or disposes of an article of food, drug, cosmetic or device, which has been detained or embargoed as provided herein without permission for such removal or disposal by said commissioner, his agent or the court shall be punished by a fine of not less than one hundred dollars nor more than five hundred dollars or by imprisonment for not more than six months.