Section 19-02.1-05 - Seizure1. Whenever a duly authorized agent of the department 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 authorized agent shall affix to such article a tag or other appropriate marking, giving notice that such 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.2. When an article detained or embargoed under subsection 1 has been found by such agent to be adulterated or misbranded, the authorized agent shall petition the judge of the district court in the county in which the article is detained or embargoed for a libel for condemnation of such article. When such agent has found that an article so detained or embargoed is not adulterated or misbranded, the authorized agent shall remove the tag or other marking.3. If the court finds that a detained or embargoed article is adulterated or misbranded, such article must, after entry of the decree, 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, must be taxed against the claimant of such 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 decrees and after such costs, fees, and expenses have been paid and a good and sufficient bond, conditioned that such article must 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 department. The expense of such supervision must be paid by the claimant. Such must be returned to the claimant of the article on the representation to the court by the department that the article is no longer in violation of this chapter, and that the expenses of such supervision have been paid.4. Whenever an authorized agent of the department finds in any room, building, vehicle of transportation or other structure, any meat, seafood, poultry, vegetable, fruit, or other perishable articles which are unsound, or 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 department's authorized agent shall forthwith condemn or destroy the same, or in any other manner render the same unsalable as human food.5. Any person, firm, corporation, or limited liability company having an interest in the alleged article, equipment, or other thing proceeded against, or any person, firm, corporation, or limited liability company against whom a civil or criminal liability would exist if said merchandise is in violation of section 19-02.1-02 may, within twenty days following the seizure, appear and file answer to the complaint. The answer must allege the interest or liability of the party filing it. In all other respects, the issue must be made up as in other civil actions.6. Any article, equipment, conveyance, or other thing condemned under this section must, after entry of the decree, be disposed of by destruction or sale as the court may, in accordance with the provisions of this section, direct and the proceeds thereof, if sold, less the legal costs and charges, must be paid to the treasurer of the state; but such article, equipment, or other thing may not be sold under such decree contrary to provisions of this chapter.7. Whenever in any proceedings under this section the condemnation of any equipment or conveyance or other thing, other than a drug, is decreed, the court shall allow the claim of any claimant, to the extent of such claimant's interest, for remission or mitigation of such forfeiture if such claimant proves to the satisfaction of the court all of the following: a. The claimant has not committed or caused to be committed any prohibited act referred to in chapter 19-03.1 and has no interest in any drug or controlled substance referred to therein.b. The claimant has an interest in such equipment, or other thing as owner or lienor or otherwise, acquired by the claimant in good faith.c. The claimant at no time had any knowledge or reason to believe that such equipment, conveyance, or other thing was being or would be used in, or to facilitate, the violation of the laws of this state relating to depressant, stimulant, or hallucinogenic drugs or counterfeit drugs.8. When a decree of condemnation is entered against the article, equipment, conveyance, or other thing, court costs and fees and storage and other proper expenses must be awarded against the person, if any, intervening as claimant of the article.