(430 ILCS 35/5) (from Ch. 111 1/2, par. 255)
Sec. 5.
A.
When the Director or an authorized agent of the Director finds
or has probable cause to believe that any substance is a misbranded hazardous
substance or banned hazardous substance within the meaning of this Act, he
or she shall affix to such article a tag or other appropriate marking giving
notice that the article is or is suspected of being such a 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 such agent or the court. It is unlawful for any
person to 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) of this
Section is found by such agent to be a misbranded hazardous substance or
banned hazardous substance, he or she shall petition the circuit court in whose
jurisdiction the article is detained or embargoed for a libel for
condemnation of such article. When such agent finds that an article so
detained or embargoed is not a misbranded hazardous substance or banned
hazardous substance, he or she shall remove the tag or marking.
C. If the court finds that a detained or embargoed article is a
misbranded hazardous substance or banned hazardous substance, such article
shall, after entry of the judgment, 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 or her agent. However, when the misbranded
hazardous substance or banned hazardous substance can be corrected by
proper labeling or processing of the article, the court, after entry of the
judgment and after such costs, fees and expenses have been paid and a good
and sufficient bond, conditioned that such substance shall be so labeled or
processed, has been executed, may by order direct that such substance be
delivered to the claimant thereof for such labeling or processing under the
supervision of an agent of the Director. The expense of such supervision
shall be paid by the claimant. The substance shall be returned to the claimant
and the bond shall be discharged on the representation to the court by the
Director that the substance is no longer in violation of this Act and that
the expenses of such supervision have been paid.
D. This Section shall not apply to a hazardous substance intended for
export to any foreign country if it is in a package branded in accordance
with the specifications of the foreign purchaser, is labeled in accordance
with the laws of the foreign country, is labeled on the outside of the
shipping package to show that it is intended for export, and is so exported.
(Source: P.A. 84-1308.)
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