2001 Minnesota Statutes

     31.05 Embargoes and condemnations.  

    Subdivision 1.  A duly authorized agent of the commissioner 
 who finds or has probable cause to believe that any food or 
 consumer commodity is adulterated or so misbranded as to be 
 dangerous or fraudulent, or is in violation of section 31.131 
 shall affix 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, 
 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 such agent or the court.  It shall be unlawful for any 
 person to remove or dispose of such detained or embargoed 
 article by sale or otherwise without such permission.  

    Subd. 2.  When an article detained or embargoed under 
 subdivision 1 has been found by such agent to be adulterated, or 
 misbranded, the agent shall petition the district court in the 
 county in which the article is detained or embargoed for an 
 order and decree for the condemnation of such article.  Any such 
 agent who has found that an article so detained or embargoed is 
 not adulterated or misbranded, shall remove the tag or other 
 marking.  

    Subd. 3.  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, and all court 
 costs and fees, and storage and other proper expenses, shall be 
 taxed against the claimant of such article or the claimant's 
 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 after such costs, fees, 
 and expenses have been paid and a good and sufficient bond, 
 conditioned that such article shall be so labeled or processed, 
 has been executed, may by order direct that such article be 
 delivered to claimant thereof for such labeling or processing 
 under the supervision of an agent of the commissioner.  The 
 expense of such supervision shall be paid by claimant.  The 
 article shall be returned to the claimant and the bond shall be 
 discharged on the representation to the court by the 
 commissioner that the article is no longer in violation and that 
 the expenses of such supervision have been paid.  

    Subd. 4.  Whenever the commissioner or any of the 
 commissioner's authorized agents shall find in any room, 
 building, vehicle of transportation or other structure, any 
 meat, seafood, poultry, vegetable, fruit or other perishable 
 articles of food which are unsound, or contain any filthy, 
 decomposed or putrid substance, or that may be poisonous or 
 deleterious to health or otherwise unsafe, the same being hereby 
 declared to be a nuisance, the commissioner, or the 
 commissioner's authorized agent, shall forthwith condemn or 
 destroy the same, or in any other manner render the same 
 unsalable as human food, and no one shall have any cause of 
 action against the commissioner or the commissioner's authorized 
 agent on account of such action.  

    HIST: (3799) 1921 c 495 s 10; 1961 c 144 art 2 s 3; 1974 c 84 
 s 25; 1986 c 444