Okla. Stat. tit. 63, § 63-1-1405

(a) Whenever a duly-authorized agent of the State Commissioner

of Health finds, or has probable cause to believe, that any drug,

device, or cosmetic is adulterated, or so misbranded as to be

dangerous or fraudulent, within the meaning of this article, he

shall, upon approval and authorization of the Commissioner, 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.

(b) The Commissioner shall have twenty (20) days from the time

an article is embargoed in which to make a final determination as to

its adulteration or misbranding. Failure to find the article to be

adulterated or misbranded within such time shall result in the

embargo being void and lifted. When the Commissioner has found an

article to be adulterated or misbranded as provided herein, he shall

immediately 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. Any person whose interest is affected adversely by an

embargo imposed under the terms of this article may appeal direct

from a ruling of the Commissioner to the district court in whose

Oklahoma Statutes - Title 63. Public Health and Safety Page 610

jurisdiction the article is embargoed, and a trial de novo shall be

had in such court on the question of adulteration or misbranding.

(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

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 Commissioner.

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 Commissioner or any of his authorized agents

shall find in any room, building, vehicle of transportation or other

structure any perishable drugs, devices or cosmetics 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 his authorized agent, shall forthwith condemn or destroy the

same, or in any other manner render the same unsalable.