Guam § 40106 - Tags for Adulterated Articles; Violations.

§ 40106. Tags for Adulterated Articles; Violations.

(a) Whenever a duly authorized agent of the Director finds or has

probable cause to believe that any food, drug, device, cosmetic or consumer

commodity, as defined by this Act, is adulterated or so misbranded as to be

dangerous or fraudulent, within the meaning of this Act or is in violation of

''40111 or 40117 of this Act, he shall affix to such articles 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 an authorized

agent of the Director 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.

(b) When an article is adulterated or misbranded or is in violation of

''40111 or 40117 of this Act it shall be liable to be proceeded against by

petition of the judge of the Court for libel for condemnation of such article.

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CH. 40 GUAM FOOD, DRUG AND COSMETIC ACT

When an authorized agent has found that an article which is embargoed or

detained is not adulterated or misbranded, he shall remove the tag or other

marking.

(c) If the Court finds that a sampled, detained or embargoed article is

adulterated or misbranded, such article shall, after entry of the decree, be

destroyed at the expense of the owner thereof under the supervision of an

authorized agent, and all Court costs and fees, storage and other proper

expenses shall be taxed against the owner of such article or his 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 be order direct that such article be

delivered to the owner thereof for such labeling or processing under the

supervision of an agent of the Director. The expense of such supervision

shall be paid by the owner. The article shall be returned to the owner and the

bond shall be discharged on the representation to the Court by the Director

that the article is no longer in violation of this Act and that the expenses for

such supervision have been paid.

(d) Whenever the Director or any of his authorized agents shall find in

any room, building, vehicle of transportation or other structure, any meat,

seafood, poultry, vegetable, fruit or other perishable articles 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 Director of his authorized agent shall

forthwith condemn or destroy the same or in any other manner render the

same unsalable as human food.