Minnesota Legislature
Office of the Revisor of Statutes
2007 Minnesota Statutes
- Search Minnesota Statutes
- About Minnesota Statutes
- 2007 Statutes New, Amended or Repealed
- 2007 Table of Chapters
- 2007 Statutes Topics (Index)
Chapter 151
Section 151.38
Topics
This is an historical version of this statute chapter. Also view the most recent published version.
151.38 EMBARGOES.
(1) Whenever a duly authorized agent of the board finds or has probable cause to believe that
any drug or medicine is adulterated, or so misbranded as to be dangerous or fraudulent, or is being
sold, delivered, or offered for sale in violation of section 151.361, the agent shall affix thereto
an appropriate marking, giving notice that the article is, or is suspected of being, adulterated,
misbranded or sold, delivered, or offered for sale in violation of section 151.361 and has been
embargoed, and warning that it is unlawful for any person to remove or dispose of the embargoed
article by sale or otherwise without permission from the agent or the court.
(2) When an embargoed article has been found by the agent to be adulterated or misbranded,
or is being sold, delivered, or offered for sale in violation of section 151.361, the board shall,
within 30 days, petition the district court in whose jurisdiction the article is embargoed for an
order of condemnation. When an embargoed article is not so found by the agent , the agent
shall remove the marking.
(3) If the court finds that an embargoed article is adulterated or misbranded, or is being
sold, delivered, or offered for sale in violation of section 151.361, the article shall be destroyed
at the expense of the claimant thereof, who shall also pay all court costs and fees, storage and
other proper expenses. If the adulteration or misbranding, or lack of manufacturer disclosure as
required by section 151.361 can be corrected by proper labeling or processing of the article, or
by filing the proper documents with the court, the court, after the costs, fees, and expenses have
been paid and a sufficient bond has been executed, may order that the article be delivered to the
claimant for labeling, processing or filing under supervision of an agent of the board. The expense
of the supervision shall be paid by claimant. The bond shall be returned to the claimant on the
representation to the court by the board that the article is no longer in violation of this chapter and
that the expenses of supervision have been paid.
History: 1969 c 933 s 19; 1975 c 101 s 5; 1986 c 444
(1) Whenever a duly authorized agent of the board finds or has probable cause to believe that
any drug or medicine is adulterated, or so misbranded as to be dangerous or fraudulent, or is being
sold, delivered, or offered for sale in violation of section 151.361, the agent shall affix thereto
an appropriate marking, giving notice that the article is, or is suspected of being, adulterated,
misbranded or sold, delivered, or offered for sale in violation of section 151.361 and has been
embargoed, and warning that it is unlawful for any person to remove or dispose of the embargoed
article by sale or otherwise without permission from the agent or the court.
(2) When an embargoed article has been found by the agent to be adulterated or misbranded,
or is being sold, delivered, or offered for sale in violation of section 151.361, the board shall,
within 30 days, petition the district court in whose jurisdiction the article is embargoed for an
order of condemnation. When an embargoed article is not so found by the agent , the agent
shall remove the marking.
(3) If the court finds that an embargoed article is adulterated or misbranded, or is being
sold, delivered, or offered for sale in violation of section 151.361, the article shall be destroyed
at the expense of the claimant thereof, who shall also pay all court costs and fees, storage and
other proper expenses. If the adulteration or misbranding, or lack of manufacturer disclosure as
required by section 151.361 can be corrected by proper labeling or processing of the article, or
by filing the proper documents with the court, the court, after the costs, fees, and expenses have
been paid and a sufficient bond has been executed, may order that the article be delivered to the
claimant for labeling, processing or filing under supervision of an agent of the board. The expense
of the supervision shall be paid by claimant. The bond shall be returned to the claimant on the
representation to the court by the board that the article is no longer in violation of this chapter and
that the expenses of supervision have been paid.
History: 1969 c 933 s 19; 1975 c 101 s 5; 1986 c 444
Official Publication of the State of Minnesota
Revisor of Statutes