Sec. 31. (a) If the court finds that detained or embargoed merchandise is adulterated or misbranded, the merchandise must, after entry of the judgment or decree, be destroyed at the expense of the claimant, under the supervision of the state department.

     (b) All:

(1) court costs and fees; and

(2) storage and other proper expenses;

shall be taxed against the claimant of the merchandise or the claimant’s agent.

     (c) If the adulteration or misbranding of merchandise can be corrected by proper labeling or processing of the merchandise, the court may order the merchandise to be delivered to the claimant for labeling or processing under the supervision of the state department under the following conditions:

(1) After entry of the decree or judgment.

(2) After costs, fees, and expenses have been paid.

(3) After sufficient bond, conditioned that the merchandise be so labeled or processed, is executed.

The expense of the supervision of labeling and processing shall be paid by the claimant. The bond shall be returned to the claimant of the merchandise on representation to the court by the state health commissioner or the commissioner’s legally authorized agent that the merchandise no longer violates IC 16-42-1 through IC 16-42-4 and that the expenses of supervision by the state department have been paid.

[Pre-1993 Recodification Citation: 16-1-28-35.]

As added by P.L.2-1993, SEC.25.