Illinois Compiled Statutes
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410 ILCS 620/6
(410 ILCS 620/6)
(from Ch. 56 1/2, par. 506)
(a) When an authorized agent of the Director finds or has probable
cause to believe that any food, drug, device or cosmetic is adulterated or
so misbranded as to be dangerous or fraudulent within the meaning of this
Act, is in violation of Section 12, 17 or 17.1 of this Act, or is suspected to be a synthetic drug product, 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 adulterated or
misbranded 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 adulterated or misbranded or to be
in violation of Section 12, 17 or 17.1 of this Act or is suspected to be a synthetic drug product,
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 adulterated or misbranded or is not a synthetic drug product, he or
she shall remove the tag or other marking.
(c) If the court finds that a detained or embargoed article is
adulterated or misbranded, 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 adulteration or misbranding 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 article shall be so labeled or
processed, has been executed, may by order direct that such article 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 article shall be returned to the claimant
and the bond shall be discharged on the representation to the court by the
Director that the article is no longer in violation of this Act, and that
the expenses of such supervision have been paid.
(d) Whenever the Director or any of his or her authorized agents finds
in any room, building, vehicle of transportation or other structure, any
meat, sea food, poultry, vegetable, fruit or other perishable articles
which contain any filthy, decomposed or putrid substance, or that may be
poisonous or deleterious to health or otherwise unsafe, the same being
hereby declared to be a nuisance, the Director or his or her authorized
agent shall condemn or destroy the same, or in any other manner render the
same unusable as human food.
(Source: P.A. 97-872, eff. 7-31-12.)