Hawaii § 328-26 - Disposal of questioned articles; court orders; expenses; bond.

§ 328-26. Disposal of questioned articles; court orders; expenses; bond.

If the court finds that a detained or embargoed article is adulterated or misbranded, the article shall, after entry of the decree be destroyed at the expense of the claimant thereof, under the supervision of the director of health or any of the director's deputies; and all court costs and fees, and storage and other proper expenses, shall be taxed against the claimant of the 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 the article shall be so labeled or processed, has been executed, may by order direct that the article be delivered to the claimant thereof for such labeling or processing under the supervision of the director or any of the director's agents. The expense of supervision shall be paid by the claimant. The bond shall be returned to the claimant of the article on representation to the court by the director or any of the director's agents that the article is no longer in violation of this part, and that the expenses of supervision have been paid. [L 1941, c 318, pt of §22; RL 1945, §2227; RL 1955, §51-27; am L Sp 1959 2d, c 1, §19; HRS §328-26; gen ch 1985] Previous Vol06_Ch0321-0344 Next