Title 26, Chapter 2, Section 85
( 26-2-85)
(a) Any carcass, part of a carcass, meat, or meat food product of
cattle, sheep, swine, ratites, nontraditional livestock, rabbits,
goats, horses, mules, or other equines, or any dead, dying,
disabled, or diseased cattle, sheep, swine, ratite, nontraditional
livestock, rabbit, goat, or equine, that is being transported or is
held for sale in this state after such transportation, and that is
or has been prepared, sold, transported, or otherwise distributed or
offered or received for distribution in violation of this article,
is capable of use as human food and is adulterated or misbranded, or
in any other way is in violation of this article, shall be liable to
be proceeded against and seized and condemned, at any time, on an
action for condemnation to be brought by the Commissioner in the
superior court of the county in which the article or animal is
found. (b) If the article or animal is condemned, it shall, after entry of
the decree, be disposed of by destruction or sale as the court may
direct. The proceeds, if sold, less the court costs and fees and
storage and other proper expenses, shall be paid into the state
treasury. The article or animals shall not be sold contrary to the
provisions of this article or the Federal Meat Inspection Act or the
Federal Food, Drug, and Cosmetic Act. (c) Upon the execution and delivery of a good and sufficient bond
conditioned that the article or animal shall not be sold or
otherwise disposed of contrary to this article or the laws of the
United States, the court may direct that such article or animal be
delivered to the owner thereof subject to such supervision by
authorized representatives of the Commissioner as is necessary to
ensure compliance with the applicable laws. (d) When a decree of condemnation is entered against the article or
animal and it is released under bond or destroyed, court costs and
fees and storage and other proper expenses shall be awarded against
the person, if any, intervening as claimant of the article or
animal. (e) This Code section shall in no way derogate from authority for
condemnation or seizure conferred by other provisions of this
article or other laws but shall be cumulative to such other
authority. |