§ 3.03 Seizure, Embargo, Condemnation and Disposition of Prohibited Materials.
RCNY § 3.03
(a)The Department may seize, embargo or condemn any food, drug, device, cosmetic, article or thing that it determines (1) is unfit for human consumption or use; (2) is in a condition, kind, weight, quality or strength prohibited by this Code or other applicable law; (3) is not labeled as required by this Code or other applicable law; (4) contains false or misleading labeling; (5) is adulterated or misbranded; or (6) constitutes a danger or nuisance, or is otherwise prejudicial to the public health.
(b)The Department may destroy, render harmless, or otherwise dispose of all seized, embargoed or condemned material without compensation and, in its discretion, at the expense of the owner or person in control thereof, or may direct such owner or person to do so. Embargoed, seized and condemned material which is hazardous shall be disposed of in accordance with applicable law.
(c)When the Department determines that embargoed material consists in part of materials which are not in violation of the Code and which may be reasonably salvaged, or that embargoed materials or any part thereof can be reasonably brought into compliance with the Code, the Department shall permit the owner or person in control of such embargoed material, unless the public health otherwise requires, to separate the salvageable portions or to bring such materials into compliance with the Code at the place of embargo or seizure, or other place acceptable to the Department, in a manner directed by the Department. When seized material is disposed of by the Department otherwise than by destruction, it may be released to the owner or person in control if it may be rendered harmless.
(d)All activities carried on pursuant to this section shall be done in a manner consistent with the maintenance of the public health, giving due regard to the property rights of the owner or person in control of the affected material.
(e)Except where the Department determines that immediate action is required to protect the public health, the Department shall not seize, embargo, condemn, destroy, render harmless or otherwise dispose of any material pursuant to this section until the owner or person in control is notified by any effective means of communication and is given opportunity to be heard by such personnel of the Department as the Commissioner may designate. No person shall fail to comply with any order or subpoena of the Commissioner requiring disclosure of information concerning the sources or recipients of the embargoed or seized material.
