Section 4-220 - Seizure and condemnation.
§ 4-220. Seizure and condemnation.
(a) Article subject to seizure and condemnation on libel of information.- Any poultry product, or any dead, dying, disabled, or diseased poultry, that is transported in intrastate commerce or is held for sale, or donation in the State after transportation, and that (1) is or has been processed, sold, transported, or otherwise distributed or offered or received for distribution in violation of this subtitle; (2) is capable of use as human food and is adulterated or misbranded; or (3) in any other way violates this subtitle, shall be liable to be proceeded against, seized, and condemned, at any time, on a libel of information in any circuit court of any county within whose jurisdiction the article is found.
(b) Condemnation to be supported by scientific fact; uniform inspection standards.- If poultry or poultry products are condemned because of disease, the reason for condemnation shall be supported by scientific fact, information, or criteria. Condemnation under this subtitle shall be achieved through uniform inspection standards and uniform application.
(c) Disposal of condemned article.- Upon condemnation and after entry of the decree, the article shall be destroyed or sold as the court directs and, if sold, the proceeds, less the court costs, fees, storage, and other proper expenses, shall be paid into the State Treasury. The article may not be sold contrary to the provisions of this subtitle, or federal law.
(d) Delivery to owner on execution of bond.- Upon execution and delivery of a good and sufficient bond prohibiting the sale or any other disposal of the article contrary to this subtitle or federal law, the court may direct that the article be delivered to the owner subject to the supervision of the Secretary to insure compliance with the applicable laws.
(e) Court costs and expenses.- When a decree of condemnation is entered against the article and it is released under bond or destroyed, court costs, fees, storage, and other proper expenses shall be awarded against the person intervening as claimant of the article.
(f) Proceedings to conform to admiralty.- Proceedings in libel cases shall conform to proceedings in admiralty to the extent possible. However, either party may demand a jury trial of any issue of fact joined in any case. Every proceeding shall be at the suit of and in the name of the State.
(g) Applicability of other condemnation provisions.- This section does not derogate from authority for condemnation or seizure conferred by other provisions of this subtitle or other laws.
[An. Code 1957, art. 43, §§ 197-3, 197-20; 1973, 1st Sp. Sess., ch. 6, § 1; 2007, ch. 5, § 7.]