Embargo and Seizure

(a)Whenever the Director finds or has probable cause to believe that any hazardous household substance is misbranded or is a banned hazardous substance, he shall affix to such article a tag or other appropriate marking giving notice that such article is or is suspected of being misbranded or is a banned hazardous substance 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 him or the Court. No person shall remove or dispose of such detained or embargoed article by sale or otherwise without such permission.

(b)When an article detained or embargoed under Subsection

(a)has been found to be misbranded or a banned hazardous substance, the Director shall petition the Court to condemn such article. When the Director has found that an article so detained or embargoed is not misbranded or a banned hazardous substance, he shall remove the tag or other marking.

(c)If the Court finds that a detained or embargoed article is misbranded or a banned hazardous substance, such article shall be destroyed at the expense of the owner, under supervision of the Director, and all Court COL120106 CH. 32 HAZARDOUS SUBSTANCES costs and fees and storage and other proper expenses shall be taxed against the owner; provided, that when the misbranding can be corrected by proper labeling of the article, the Court, conditioned that such article shall be so labeled, may direct that such article be delivered to the owner for such labeling under the supervision of the Director. The expense of such supervision shall be paid by the owner. The article shall be returned to the owner on the representation to the Court by the Director that the article is no longer in violation of this Chapter and that the expenses of such supervision have been paid.