TN Code § 53-1-202 (2021)
2021 Tennessee Code|Title 53 - Food, Drugs and Cosmetics|Chapter 1 - Tennessee Food, Drug and Cosmetic Act|Part 2 - Enforcement|§ 53-1-202. Tagging, Detention, Condemnation and Destruction of Adulterated, Misbranded and Unsafe Products — Correction of Violations

   Whenever a duly authorized agent of the commissioner 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 chapter, the agent shall affix to the 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 the article by sale or otherwise until permission for removal or disposal is given by the agent or the court.   It is unlawful for any person to remove or dispose of the detained or embargoed article by sale or otherwise without the permission provided for in subdivision (a)(1).   The commissioner or the commissioner's duly authorized agent shall immediately detain any depressant, stimulant or hallucinogenic drug or component of any depressant, stimulant or hallucinogenic drug, as defined by rules and regulations of the commissioner, whenever the commissioner or the commissioner's agent has reasonable grounds to believe that the articles are manufactured, held, transported or offered for sale in violation of § 53-1-103(a).      When an article detained or embargoed under subsection (a) has been found by the agent to be adulterated or misbranded, the agent shall petition the judge of a circuit or chancery court in whose jurisdiction the article is detained or embargoed for an order of condemnation of the article.   When the agent has found that an article so detained or embargoed is not adulterated or misbranded, or if the agent fails to petition for an order of condemnation within fifteen (15) days of the detainer or embargo, the agent shall remove the tag or other marking.   Failure of the agent to remove the embargo or detainer or to file the petition within the fifteen-day period shall be deemed, for the purpose of entitling interested persons to a judicial review, a final order or judgment of the commissioner that the article is adulterated or misbranded, which shall be subject to review under title 27, chapter 9.     If the court finds that a detained or embargoed article is adulterated or misbranded, the article shall, after entry of the decree, be destroyed at the expense of the claimant of the detained or embargoed article, under the supervision of the agent; and all the court costs and fees, and storage and other proper expenses, shall be taxed against the claimant of the article or the claimant's agent; provided, that when the adulteration or misbranding can be corrected by proper labeling or processing of the article, the court, after entry of the decree, and after the costs, fees and expenses have been paid and a good and sufficient bond, conditioned that the article shall be so labeled or processed, has been executed, may, by order, direct that the article be delivered to the claimant of the article for the labeling or processing under the supervision of an agent of the commissioner, the expense of the supervision to be paid by the claimant. The bond shall be returned to the claimant of the article on representation to the court by the commissioner that the article is no longer in violation of this chapter, and that the expenses of the supervision have been paid.   Whenever the commissioner or any of the commissioner's authorized agents find in any room, building, vehicle of transportation or other structure, any meat, seafood, poultry, vegetable, fruit or other perishable articles that are unsound, or contain any filthy, decomposed or putrid substance, or that may be poisonous or deleterious to health or otherwise unsafe, the meat, seafood, poultry, vegetable, fruit or other perishable articles being declared to be a nuisance, the commissioner or the commissioner's authorized agent shall immediately condemn or destroy the meat, seafood, poultry, vegetable, fruit or other perishable articles or in any other manner render the meat, seafood, poultry, vegetable, fruit or other perishable articles unsalable as human food.