2023 New York Laws › EDN - Education › Title 8 - The Professions › Article 137 - Pharmacy › 6813 - Seizure:

§ 6813. Seizure:  1. Any drug, device or cosmetic that is adulterated,
misbranded or may not be sold under the provisions of this chapter,  may
be  seized  on  petition  or complaint of the board and condemned in the
supreme court of any county in which it is found. Seizure shall be made:
a. by process pursuant to the petition or complaint, or
b. if the secretary or other officer designated by  him  has  probable
cause to believe that the article
(1)  is  one  which  may  not  be sold under the provisions of section
sixty-eight hundred seventeen of this chapter, or
(2) is adulterated, or
(3) is so misbranded as to be dangerous to health.
The article shall be seized by order of such officer.  The  order  shall
describe  the  article  to  be  seized,  the  place where the article is
located, and the officer or employee making the seizure. The officer, in
lieu of taking actual possession, may affix a tag or  other  appropriate
marking  to  the  article  giving  notice  that  the  article  has  been
quarantined and warning all persons not to remove or dispose  of  it  by
sale  or  otherwise until permission for removal or disposal is given by
the officer or the court. In case of seizures or quarantine, pursuant to
such order, the jurisdiction  of  such  court  shall  attach  upon  such
seizure  or  quarantine,  and  a  petition or complaint for condemnation
shall be filed promptly.
2. The procedure for cases under this section shall conform as much as
possible to the procedure for attachment. Any issue of  fact  joined  in
any  case  under  this  section  shall be tried by jury on the demand of
either party. The court at any time after seizure and up to the time  of
trial  shall allow by order any party or his agent or attorney to obtain
a representative sample of the condemned material, a true  copy  of  the
analysis on which the proceeding was based, and the identifying marks or
numbers,  if  any,  on the packages from which the samples analyzed were
obtained.
3. Any drug, device or cosmetic condemned under this section shall  be
disposed  of  by  destruction  or sale as the court may direct after the
decree in accordance with the provisions of this section.  The  proceeds
of  the  sale,  if  any,  shall  be  paid  into the state treasury after
deduction for legal costs and charges.  However,  the  drug,  device  or
cosmetic  shall  not be sold contrary to the provisions of this article.
After entry of the decree, if the owner of the condemned  articles  pays
the costs of the proceeding and posts a sufficient bond as security that
the  articles will not be disposed of contrary to the provisions of this
article, the court may by order  direct  that  the  seized  articles  be
delivered  to the owner to be destroyed or brought into conformance with
this article under supervision of the secretary.  The  expenses  of  the
supervision  shall  be  borne  by the person obtaining the release under
bond. Any drug condemned by reason of its being a new drug which may not
be sold under this article shall be disposed of by destruction.
4. When the decree of condemnation is entered, court costs  and  fees,
storage  and  other expense shall be awarded against the person, if any,
intervening as claimant of the condemned articles.
5. In any proceeding against the board, or the secretary, or an  agent
of  either,  because  of seizure, or quarantine, under this section, the
board, or the secretary, or such agent shall not be liable if the  court
finds that there was probable cause for the acts done by them.