Okla. Stat. tit. 63, § 63-1-1105
This is the official text of Okla. Stat. tit. 63, § 63-1-1105, part of Oklahoma’s Stat. tit. 63, — part of the compiled statutory law of Oklahoma, published by the state as "Stat. tit. 63,." Browse the sections below, each linked to its official government source.
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Embargo authorized - Nuisances
Official statutory text
(a) Whenever a duly-authorized agent of the State Commissioner
of Health finds, or has probable cause to believe, that any food is
adulterated, or so misbranded as to be dangerous or fraudulent,
within the meaning of this article, he 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 for a
period of fifteen (15) days after such tag or other marking has been
affixed thereto.
(b) When an article detained or embargoed has been found by such
agent to be adulterated or misbranded, he shall petition the
district court in whose jurisdiction the article is detained or
embargoed for condemnation of such article. When such agent has
found that an article so detained or embargoed is not adulterated or
misbranded, he shall remove the tag or other marking.
(c) 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 his agent; provided, that when the
Oklahoma Statutes - Title 63. Public Health and Safety Page 574
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 the claimant thereof for such labeling or
processing under the supervision of an agent of the State
Commissioner of Health. The expense of such supervision shall be
paid by the claimant. Such 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 article and that
the expenses of such supervision have been paid.
(d) Whenever the State Commissioner of Health 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 substances, or that may be
poisonous or deleterious to health or otherwise unsafe, the same
being hereby declared to be a nuisance, the Commissioner, or his
authorized agent, shall forthwith condemn or destroy the same, or in
any other manner render the same unsalable as human food.
of Health finds, or has probable cause to believe, that any food is
adulterated, or so misbranded as to be dangerous or fraudulent,
within the meaning of this article, he 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 for a
period of fifteen (15) days after such tag or other marking has been
affixed thereto.
(b) When an article detained or embargoed has been found by such
agent to be adulterated or misbranded, he shall petition the
district court in whose jurisdiction the article is detained or
embargoed for condemnation of such article. When such agent has
found that an article so detained or embargoed is not adulterated or
misbranded, he shall remove the tag or other marking.
(c) 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 his agent; provided, that when the
Oklahoma Statutes - Title 63. Public Health and Safety Page 574
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 the claimant thereof for such labeling or
processing under the supervision of an agent of the State
Commissioner of Health. The expense of such supervision shall be
paid by the claimant. Such 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 article and that
the expenses of such supervision have been paid.
(d) Whenever the State Commissioner of Health 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 substances, or that may be
poisonous or deleterious to health or otherwise unsafe, the same
being hereby declared to be a nuisance, the Commissioner, or his
authorized agent, shall forthwith condemn or destroy the same, or in
any other manner render the same unsalable as human food.
Status: in_force · Read it on the official government site
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