{"data":{"id":"us-ok/okla.-stat.-tit.-63-63-1-1405","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 63, § 63-1-1405","heading":"Embargo","body":"(a) Whenever a duly-authorized agent of the State Commissioner\n\nof Health finds, or has probable cause to believe, that any drug,\n\ndevice, or cosmetic is adulterated, or so misbranded as to be\n\ndangerous or fraudulent, within the meaning of this article, he\n\nshall, upon approval and authorization of the Commissioner, affix to\n\nsuch article a tag or other appropriate marking, giving notice that\n\nsuch article is, or is suspected of being, adulterated or misbranded\n\nand has been detained or embargoed, and warning all persons not to\n\nremove or dispose of such article by sale or otherwise until\n\npermission for removal or disposal is given by such agent or the\n\ncourt. It shall be unlawful for any person to remove or dispose of\n\nsuch detained or embargoed article by sale or otherwise without such\n\npermission.\n\n(b) The Commissioner shall have twenty (20) days from the time\n\nan article is embargoed in which to make a final determination as to\n\nits adulteration or misbranding. Failure to find the article to be\n\nadulterated or misbranded within such time shall result in the\n\nembargo being void and lifted. When the Commissioner has found an\n\narticle to be adulterated or misbranded as provided herein, he shall\n\nimmediately petition the district court in whose jurisdiction the\n\narticle is detained or embargoed for condemnation of such article.\n\nWhen such agent has found that an article so detained or embargoed\n\nis not adulterated or misbranded, he shall remove the tag or other\n\nmarking. Any person whose interest is affected adversely by an\n\nembargo imposed under the terms of this article may appeal direct\n\nfrom a ruling of the Commissioner to the district court in whose\n\njurisdiction the article is embargoed, and a trial de novo shall be\n\nhad in such court on the question of adulteration or misbranding.\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 Commissioner.\n\nThe expense of such supervision shall be paid by the claimant. Such\n\nbond shall be returned to the claimant of the article on\n\nrepresentation to the court by the Commissioner that the article is\n\nno longer in violation of this article, and that the expenses of\n\nsuch supervision have been paid.\n\n(d) Whenever the Commissioner or any of his authorized agents\n\nshall find in any room, building, vehicle of transportation or other\n\nstructure any perishable drugs, devices or cosmetics which are\n\nunsound, or contain any filthy, decomposed or putrid substance, or\n\nthat may be poisonous or deleterious to health or otherwise unsafe,\n\nthe same being hereby declared to be a nuisance, the Commissioner,\n\nor his authorized agent, shall forthwith condemn or destroy the\n\nsame, or in any other manner render the same unsalable.","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":"f0ff9049f17a37ef63a2ddd418b8c790dcb2c41b302c63eae594572e704a2c02","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-63-63-1-1404","next":"us-ok/okla.-stat.-tit.-63-63-1-1406"},"notice":"GroundRules: Original legal text. Not legal advice."}