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§ 780-127. Embargo

Purdon's Pennsylvania Statutes and Consolidated StatutesTitle 35 P.S. Health and Safety

Purdon's Pennsylvania Statutes and Consolidated Statutes
Title 35 P.S. Health and Safety (Refs & Annos)
Chapter 6. The Controlled Substance, Drug, Device and Cosmetic Act (Refs & Annos)
35 P.S. § 780-127
§ 780-127. Embargo
(a) Whenever a duly authorized officer of the secretary finds or has probable cause to believe that any controlled substance, other drug, device or cosmetic is adulterated or misbranded or contraband, the same shall be deemed subject to embargo and he shall affix to such substance or article a tag or other appropriate marking, approved by the secretary, giving notice that such substance or article is or is suspected of being adulterated, misbranded or contraband and warning all persons not to remove or dispose of such substance or article until permission so to do has been granted by such officer, or until it shall have determined by proper authority that such substance or article is not adulterated, misbranded or contraband. At the time such notice is offered, the officer shall provide the person in charge of such substance or article, if any, or the owner, if he is known, a statement in writing, setting forth both the basis for the embargo and supporting facts.
(b) When a substance or article is detained or embargoed under subsection (a), the secretary shall serve within three days from the date of such embargo a citation upon the claimant thereof or owner, if he is known, setting forth both the basis for the embargo and supporting facts and fixing a date for a hearing not later than ten days from the date of service of said citation at which a hearing examiner, appointed under the authority of section 30,1 will receive evidence pertaining to the alleged offense. Unless postponed by mutual consent, failure to serve a citation or commence hearings within the time herein specified shall operate to void such embargo.
(c) If, after hearing, the examiner is satisfied from the evidence presented that a detained or embargoed substance or article is adulterated, misbranded or contraband, he shall, within five days of the conclusion of the hearing, order such substance or article destroyed at the expense of the claimant thereof under supervision of an agent of the secretary: Provided, That when the embargo is based on an adulteration or misbranding which can be corrected by proper labeling or processing of the substance or article, the examiner, after entry of the order and after such costs, fees and expenses have been paid and a good and sufficient bond conditioned that such substance or article shall be so labeled or processed has been executed, may by order direct that such substance or article be released to the claimant thereof for such labeling or processing under the supervision of an officer of the secretary. The expense of such supervision, if any, shall be paid by the claimant. Such substance or article shall be released to the claimant when it is no longer in violation of this act and the expenses of such supervision have been paid.
(d) If no claimant shall appear to defend such proceedings, the hearing examiner may order the embargoed substances or articles destroyed or distributed to a nonprofit institution.

Credits

1972, April 14, P.L. 233, No. 64, § 27, eff. June 14, 1972.

Footnotes

35 P.S. § 780-130.
35 P.S. § 780-127, PA ST 35 P.S. § 780-127
Current through 2020 Regular Session Act 77. Some statute sections may be more current, see credits for details.
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