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This entry was published on 2014-09-22
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Injunction proceedings; when authorized
Agriculture & Markets (AGM) CHAPTER 69, ARTICLE 14-A
§ 172-a. Injunction proceedings; when authorized. Any dangerous
caustic or corrosive substance in a misbranded parcel, package, or
container suitable for household use, that is being sold, bartered, or
exchanged, or held, displayed, or offered for sale, barter, or exchange,
shall be liable to be proceeded against by action for injunction in the
supreme court in the judicial district within which the same is found
and seized pursuant to judgment rendered therein and if such substance
is condemned as misbranded, by said court, it shall be disposed of by
destruction or sale, as the court may direct; and if sold, the proceeds,
less the actual costs and charges, shall be paid over to the state board
of pharmacy to be by it turned over to the comptroller at the end of
each fiscal year; but such substance shall not be sold contrary to the
laws of the state; provided, however, that upon the payment of the costs
of such proceedings and the execution and delivery of a good and
sufficient bond to the effect that such substance will not be unlawfully
sold or otherwise disposed of, the court may by order direct that such
substance be delivered to the owner thereof.