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The 190th General Court of the Commonwealth of Massachusetts

Section 5: Embargo; notice; destruction or return of article; export

Section 5. (a) Whenever the director or his duly authorized inspector finds or has probable cause to believe that any hazardous substance is misbranded, or is a banned hazardous substance within the meaning of this chapter, he shall affix or cause to be affixed to such article a tag or other appropriate marking, giving notice to the manufacturer of the substance, the distributor, and the owner thereof, that such article is, or is suspected of being misbranded or is a banned hazardous substance and has been detained or embargoed, and warning all persons not to remove or dispose of such article by sale or otherwise until permission for removal or disposal is given by the director, his inspector, or the court, provided, any such article may at the discretion of the manufacturer, distributor or owner thereof be removed from public display but shall not be removed from the immediate premises. Such manufacturer, distributor or owner shall be authorized to destroy the article so detained if such article is destroyed under the supervision of the director, or his inspector. When an article detained or embargoed has been found to be a misbranded or banned hazardous substance, the director or his agent shall within thirty-days file a petition in any district or municipal court within whose jurisdiction the article is detained or embargoed for a libel of condemnation of such article. When such inspector has found that an article so detained or embargoed is not a misbranded or banned hazardous substance, he shall remove the tag or other marking; thereby permitting its release. Such toy or other article shall be deemed to be a banned hazardous substance for purposes of this chapter until the proceeding has been completed.

(b) If the court finds that a detained or embargoed article is misbranded or a banned hazardous substance, such article shall, after entry of the decree, be destroyed at the expense of the manufacturer, distributor or owner thereof, under supervision of such inspector, and all court costs and fees, and storage and other proper expenses, shall be taxed against him of such article or his agent; provided, that when the misbranding can be corrected by proper labeling of the article, the court, after entry of the decree and after such costs, fees and expenses have been paid and a good and sufficient bond, conditioned that such article shall be so labeled, has been executed may by order direct that such article be returned to such person for such labeling under the supervision of an inspector of the commissioner. The expense of such supervision shall be paid by such manufacturer, distributor or owner. The article shall be returned to such manufacturer, distributor or owner on the representation to the court by the commissioner that the article is no longer in violation of this chapter and that the expenses of such supervision have been paid.

This section shall not apply to a hazardous substance intended for export to any foreign country if it (1) is in a package branded in accordance with the specifications of the foreign purchaser, (2) is labeled in accordance with the laws of the foreign country, and (3) is labeled on the outside of the shipping package to show that it is intended for export, and (4) is so exported.