§ 431.052 Correction by Proper Labeling or Processing

§ 431.052. Correction by Proper Labeling or Processing

    (a) A court may order the delivery of a sampled article or a detained or embargoed article that is adulterated or misbranded to the claimant of the article for labeling or processing under the supervision of an agent of the commissioner or an authorized agent if:

        (1) the decree has been entered in the suit;

        (2) the costs, fees, and expenses of the suit have been paid;

        (3) the adulteration or misbranding can be corrected by proper labeling or processing; and

        (4) a good and sufficient bond, conditioned on the correction of the adulteration or misbranding by proper labeling or processing, has been executed.

    (b) The claimant shall pay the costs of the supervision.

    (c) The court shall order that the article be returned to the claimant and the bond discharged on the representation to the court by the commissioner or an authorized agent that the article no longer violates this chapter and that the expenses of the supervision are paid.