{"data":{"id":"us-ok/okla.-stat.-tit.-63-63-1-1105","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 63, § 63-1-1105","heading":"Embargo authorized - Nuisances","body":"(a) Whenever a duly-authorized agent of the State Commissioner\n\nof Health finds, or has probable cause to believe, that any food is\n\nadulterated, or so misbranded as to be dangerous or fraudulent,\n\nwithin the meaning of this article, he shall affix to such article a\n\ntag or other appropriate marking, giving notice that such article\n\nis, or is suspected of being, adulterated or misbranded and has been\n\ndetained or embargoed, and warning all persons not to remove or\n\ndispose of such article by sale or otherwise until permission for\n\nremoval or disposal is given by such agent or the court. It shall\n\nbe unlawful for any person to remove or dispose of such detained or\n\nembargoed article by sale or otherwise without such permission for a\n\nperiod of fifteen (15) days after such tag or other marking has been\n\naffixed thereto.\n\n(b) When an article detained or embargoed has been found by such\n\nagent to be adulterated or misbranded, he shall petition the\n\ndistrict court in whose jurisdiction the article is detained or\n\nembargoed for condemnation of such article. When such agent has\n\nfound that an article so detained or embargoed is not adulterated or\n\nmisbranded, he shall remove the tag or other marking.\n\n(c) If the court finds that a detained or embargoed article is\n\nadulterated or misbranded, such article shall, after entry of the\n\ndecree, be destroyed at the expense of the claimant thereof, under\n\nthe supervision of such agent, and all court costs and fees, and\n\nstorage and other proper expenses shall be taxed against the\n\nclaimant of such article or his agent; provided, that when the\n\nadulteration or misbranding can be corrected by proper labeling or\n\nprocessing of the article, the court, after entry of the decree and\n\nafter such costs, fees, and expenses have been paid and a good and\n\nsufficient bond, conditioned that such article shall be so labeled\n\nor processed, has been executed, may by order direct that such\n\narticle be delivered to the claimant thereof for such labeling or\n\nprocessing under the supervision of an agent of the State\n\nCommissioner of Health. The expense of such supervision shall be\n\npaid by the claimant. Such bond shall be returned to the claimant\n\nof the article on representation to the court by the Commissioner\n\nthat the article is no longer in violation of this article and that\n\nthe expenses of such supervision have been paid.\n\n(d) Whenever the State Commissioner of Health or any of his\n\nauthorized agents shall find in any room, building, vehicle of\n\ntransportation or other structure any meat, seafood, poultry,\n\nvegetable, fruit or other perishable articles which are unsound, or\n\ncontain any filthy, decomposed or putrid substances, or that may be\n\npoisonous or deleterious to health or otherwise unsafe, the same\n\nbeing hereby declared to be a nuisance, the Commissioner, or his\n\nauthorized agent, shall forthwith condemn or destroy the same, or in\n\nany other manner render the same unsalable as human food.","path":["OK Code","Title 63"],"source_url":"https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os63.pdf","current_through":"2026-08-14","vintage":"open-us-law v2026.08, retrieved 2026-09-14","retrieved_at":"2026-09-14T18:32:36Z","sha256":"610d497a5d6199bf01011f27d71dd5cb170bc0c05b3d588d774c1e8c86912e33","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-63-63-1-1104","next":"us-ok/okla.-stat.-tit.-63-63-1-1106"},"notice":"GroundRules: Original legal text. Not legal advice."}
