Louisiana Revised Statutes 40:633 – Seizure; procedure; prohibition on sale or disposal of article
Terms Used In Louisiana Revised Statutes 40:633
- Cosmetic: includes all substances and preparations intended for cleansing, altering the appearance of, or promoting the attractiveness of a person. See Louisiana Revised Statutes 40:602
- Department: means the Louisiana Department of Health and "secretary" means the secretary thereof. See Louisiana Revised Statutes 40:602
- Device: includes all devices intended for use in diagnosis, treatment, or prevention of disease in man or beast, or intended to affect the structure of any function of the body. See Louisiana Revised Statutes 40:602
- Drug: includes all substances and preparations recognized in the official compendium, as herein defined. See Louisiana Revised Statutes 40:602
- Food: includes all substances and preparations used for or entering into the composition of food, drink, confectionery, chewing gum, or condiment for man or beast. See Louisiana Revised Statutes 40:602
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- person: includes a body of persons, whether incorporated or not. See Louisiana Revised Statutes 1:10
- Probable cause: A reasonable ground for belief that the offender violated a specific law.
A. Whenever a duly authorized officer or employee of the department finds or has probable cause to believe that cause for the seizure of any food, drug, device, or cosmetic, as set out in La. Rev. Stat. 40:632 exists, he shall affix to the article a tag, stamp, or other appropriate marking, giving notice that the article is, or is suspected of being subject to seizure under the provisions of La. Rev. Stat. 40:632 and that it has been detained and seized by the department. He shall also warn all persons not to remove or dispose of the article by sale or otherwise, until permission of the department or of the court of the jurisdiction in which the article is detained or seized is given.
B. It is unlawful for any person to remove or dispose of the detained or seized article by sale or otherwise without permission of the department or of the court in such cases.
Amended by Acts 1978, No. 786, §5, eff. July 17, 1978.