31.05 EMBARGOES AND CONDEMNATIONS.
Subdivision 1. Tag or notice.
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
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. Action for condemnation.
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. Remedies.
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. Duties of commissioner.
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.
Subd. 5. Emergency response.
In the event of an emergency declared by the governor's
order under section
, if the commissioner finds or has probable cause to believe that a food
or consumer commodity within a specific area is likely to be adulterated because of the emergency
or so misbranded as to be dangerous or fraudulent, or is in violation of section
, the commissioner may embargo a geographic area that is included in the declared emergency.
The commissioner shall provide notice to the public and to those with custody of the product in as
thorough a manner as is practical under the emergency circumstances.
History: (3799) 1921 c 495 s 10; 1961 c 144 art 2 s 3; 1974 c 84 s 25; 1986 c 444; 2003
c 107 s 2