Vermont § 4055 - Marking; notice

§ 4055. Marking; notice

• (a) Whenever a duly authorized agent of the Commissioner finds or has probable cause to
  believe that any food, drug, device, or cosmetic is adulterated, or so misbranded
  as to be dangerous or fraudulent, within the meaning of this chapter, the agent shall
  affix to such article a tag or other appropriate marking, giving notice that the 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 the article by sale or otherwise
  until permission for removal or disposal is given by the agent or the court. It shall
  be unlawful for any person to remove or dispose of the detained or embargoed article
  by sale or otherwise without that permission. (b) When an article detained or embargoed under subsection (a) of this section has been
  found by the agent to be adulterated or misbranded, he or she shall petition the Civil
  or Criminal Division of the Superior Court in the unit where the article is detained
  or embargoed for a libel for condemnation of the article. When the agent has found
  that an article so detained or embargoed is not adulterated or misbranded, he or she
  shall remove the tag or other marking. (c) 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 agent, 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 the 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 an agent of the Commissioner. The
  expense of the 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 Commissioner
  that the article is no longer in violation of this chapter and that the expenses of
  supervision have been paid. (d) Whenever the Commissioner or the Commissioner’s authorized agent finds in any room,
  building, vehicle of transportation, or other structure any meat, seafood, poultry,
  vegetable, fruit, or other perishable articles that are unsound, or contain any filthy,
  decomposed, or putrid substance, or that may be poisonous or deleterious to health
  or otherwise unsafe, those articles and substances being hereby declared to be a nuisance,
  the Commissioner, or the Commissioner’s authorized agent, shall immediately condemn
  destroy or, in any other manner, render those articles and substances unsalable as
  human food. (Added 1959, No. 172, § 6, eff. May 12, 1959; amended 1959, No. 329 (Adj. Sess.), § 27, eff. March 1, 1961; 1965, No. 194, § 10, eff. July 1, 1965, operative Feb. 1, 1967; 1973, No. 193 (Adj. Sess.), § 3, eff. April 8, 1974; 2009, No. 128 (Adj. Sess.), § 38a; 2009, No. 154 (Adj. Sess.), § 146; 2023, No. 6, § 139, eff. July 1, 2023; 2023, No. 53, § 86, eff. June 8, 2023.)