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Article 5. Seizure of California Food And Agricultural Code >> Division 7. >> Chapter 7.5. >> Article 5.
(a) If any device is determined to be manufactured for sale,
advertised, delivered or otherwise provided, offered for sale or
lease, sold, leased, possessed, or used in violation of any of the
provisions of this chapter or any regulations adopted pursuant to
this chapter, or if the device has been, or is intended to be,
manufactured for sale, advertised, delivered or otherwise provided,
offered for sale or lease, sold, leased, possessed, or used in
violation of those provisions, or when the registration of the device
has been canceled by a final order or has been suspended, the
director may issue a written "cease and desist" order to any person
who owns, controls, or has custody of the device. After receipt of
the cease and desist order, the receiver of the order shall not
manufacture for sale, advertise, deliver or otherwise provide, offer
for sale or lease, sell, lease, possess, or use the device described
in the order except in accordance with the provisions of the order.
(b) The director may seize or quarantine any device that meets any of the following criteria:
(1) The device is not registered pursuant to this chapter or any of the regulations adopted pursuant to this chapter.
(2) Any of the claims made for the device or any of the directions for its use differs in substance from the representation made in connection with its registration.
(3) The device is misbranded or mislabeled.
(4) When used in accordance with the requirements imposed under this chapter and as directed by the labeling or printed directions, the device nevertheless causes unreasonable adverse effects on human health, human safety, human welfare, property, or the environment.
(5) The device is manufactured for sale, advertised, delivered or otherwise provided, offered for sale or lease, sold, leased, possessed, or used in violation of a cease and desist order.
(6) The device is otherwise not in conformity with this chapter or the regulations adopted pursuant to it.
(c) After a device is seized or quarantined, the department shall provide the person from whom the device was seized or quarantined an opportunity for a hearing.
(1) If the director determines, after a hearing is held if requested, that the device can be brought into compliance with the requirements of this chapter and the regulations adopted pursuant to this chapter, the director shall hold the device or continue the quarantine until the requirements of this chapter and the regulations adopted pursuant to this chapter have been complied with, at which time the device shall be released to the person from whom it was seized or the quarantine shall be lifted, as the case may be.
(2) If the director determines, after a hearing is held if requested, that the device cannot be brought into compliance with the requirements of this chapter and the regulations adopted pursuant to this chapter, the director shall order the owner of the device to dispose of it in a manner prescribed by the director to protect human health, human safety, and human welfare and to accomplish the purposes of this chapter.
(b) The director may seize or quarantine any device that meets any of the following criteria:
(1) The device is not registered pursuant to this chapter or any of the regulations adopted pursuant to this chapter.
(2) Any of the claims made for the device or any of the directions for its use differs in substance from the representation made in connection with its registration.
(3) The device is misbranded or mislabeled.
(4) When used in accordance with the requirements imposed under this chapter and as directed by the labeling or printed directions, the device nevertheless causes unreasonable adverse effects on human health, human safety, human welfare, property, or the environment.
(5) The device is manufactured for sale, advertised, delivered or otherwise provided, offered for sale or lease, sold, leased, possessed, or used in violation of a cease and desist order.
(6) The device is otherwise not in conformity with this chapter or the regulations adopted pursuant to it.
(c) After a device is seized or quarantined, the department shall provide the person from whom the device was seized or quarantined an opportunity for a hearing.
(1) If the director determines, after a hearing is held if requested, that the device can be brought into compliance with the requirements of this chapter and the regulations adopted pursuant to this chapter, the director shall hold the device or continue the quarantine until the requirements of this chapter and the regulations adopted pursuant to this chapter have been complied with, at which time the device shall be released to the person from whom it was seized or the quarantine shall be lifted, as the case may be.
(2) If the director determines, after a hearing is held if requested, that the device cannot be brought into compliance with the requirements of this chapter and the regulations adopted pursuant to this chapter, the director shall order the owner of the device to dispose of it in a manner prescribed by the director to protect human health, human safety, and human welfare and to accomplish the purposes of this chapter.
