266.205. Withdrawal from distribution order, when--seizure, procedure for--disposal of feed, how made.
Withdrawal from distribution order, when--seizure, procedurefor--disposal of feed, how made.
266.205. 1. When the director or the director's authorized agent hasreasonable cause to believe any lot of commercial feed is being distributedin violation of any of the provisions of sections 266.152 to 266.220 or ofany of the prescribed rules under sections 266.152 to 266.220, thedirector may issue and enforce a written or printed "withdrawal fromdistribution" order, warning the distributor not to dispose of the lot ofcommercial feed in any manner until written permission is given by thedirector or the court. The director shall release the lot of commercialfeed so withdrawn when said provisions and rules have been complied with.If compliance is not obtained within thirty days, the director may begin,or upon request of the distributor or licensee shall begin, proceedingsfor condemnation.
2. Any lot of commercial feed not in compliance with said provisionsand rules shall be subject to seizure on complaint of the director to acourt of competent jurisdiction in the area in which said commercial feedis located. In the event the court finds the commercial feed to be inviolation of sections 266.152 to 266.220 and orders the condemnation ofsaid commercial feed, it shall be disposed of in any manner consistent withthe quality of the commercial feed and the laws of the state, but in noinstance shall the disposition of the commercial feed be ordered by thecourt without first giving the claimant an opportunity to apply to thecourt for release of the commercial feed or for permission to process orrelabel the commercial feed to bring it into compliance with sections266.152 to 266.220.
(L. 1972 S.B. 506 § 13, A.L. 1997 H.B. 211)Effective 1-1-98