105 CMR, § 500.209 - Embargo

(A) Pursuant to M.G.L. c. 94, § 189A, the Commissioner or his or her agent may place an embargo on any product which he or she finds or has probable cause to believe is adulterated or misbranded provided that:

(1) A written notice is issued to the licensee, permit holder, or the person in charge at the facility, or if no one is present at the facility, conspicuously posted at the facility; and

(2) The notice specifies the reason(s) for the embargo order.

(B) The Commissioner or his or her agent shall affix a tag, label, or shall otherwise identify any product subject to the embargo order. The tag or label shall state that the product:

(1) Is believed to be adulterated or misbranded;

(2) Has been embargoed for ten days; and

(3) Cannot be removed, used, sold, or disposed of without permission of the Commissioner or his or her agent.

(C) The Commissioner or his or her agent shall permit storage of the product under conditions specified in the embargo order, unless storage is not possible without imminent threat to the public health, in which case immediate destruction or isolation of the product may be ordered and accomplished.

(D) If the product subject to embargo is found to be adulterated or misbranded, the Commissioner or his or her agent shall take such steps as they shall deem necessary, pursuant to M.G.L. c. 94, § 189A, to effect the condemnation and disposal or reconditioning of the product.

(E) If the product subject to embargo is found not to be adulterated or misbranded, it shall be released.

Notes

105 CMR, § 500.209

Adopted by Mass Register Issue 1322, eff. 9/23/2016.