Section 31A.24 Seizure and Condemnation
31A.24 SEIZURE AND CONDEMNATION.
Subdivision 1.What can be seized.
This section applies to a carcass, part of a carcass, meat or meat food product of animals or to a dead, dying, disabled, or diseased animal that is being transported in intrastate commerce, or is held for sale in this state after transportation in intrastate commerce. These articles or animals may be proceeded against, seized, and condemned, if (1) they are or have been prepared, sold, transported, or otherwise distributed or offered or received for distribution in violation of sections 31A.01 to 31A.31; (2) they are usable as human food and are adulterated or misbranded; or (3) they are in any other way in violation of sections 31A.01 to 31A.31. The department may act against the article or animal at any time, on a complaint in the district court of the judicial district where the article or animal is found.
Subd. 2.Sale of condemned items.
If the article or animal is condemned it must, after entry of the decree, be disposed of by destruction or sale as the court directs. If it is sold, the proceeds must be paid to the state, less the court costs and fees and storage and other proper expenses, but the article or animal must not be sold contrary to this chapter, the Federal Meat Inspection Act, or the Federal Food, Drug, and Cosmetic Act. If a bond is delivered conditioned that the article or animal must not be sold or otherwise disposed of contrary to this chapter or federal law, the court may direct that the article or animal be delivered to its owner subject to supervision by authorized representatives of the commissioner that is necessary to assure compliance with the applicable laws.
Subd. 3.Types of proceedings; awards of costs.
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 must be awarded against the person, if any, intervening as claimant of the article or animal. The proceedings for condemnation must be in rem. Either party may demand trial by jury of any issue of fact joined in any case, and all proceedings must be at the suit of and in the name of the state.
This section does not change the authority for condemnation or seizure conferred by other provisions of this chapter, or other laws.
History:
1969 c 225 s 24; 1988 c 469 art 2 s 1