Section 427:25 Condemnation; Seizure.
I. Any carcass, part of a carcass, meat or meat food product of cattle, sheep, swine, goats, horses, mules, or other equines, or any dead, dying, disabled, or diseased cattle, sheep, swine, goats, or equines, that are being transported in intrastate commerce, or are held for sale in this state after such transportation, shall be liable to be proceeded against and seized and condemned, at any time, on a libel of information in any proper court as provided in RSA 427:26 within the jurisdiction in which the article or animal is found, if:
(a) It is or has been prepared, sold, transported, or otherwise distributed or offered or received for distribution in violation of this subdivision;
(b) It is capable of use as human food and is adulterated or misbranded; or
(c) It is, in any other way, in violation of this subdivision.
II. 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. If sold, the proceeds, less the court costs and fees, and storage and other proper expenses, shall be paid into the treasury of this state, but the article or animal shall not be sold contrary to the provisions of this subdivision, or the Federal Meat Inspection Act or the Federal Food, Drug, and Cosmetic Act; provided that:
(a) 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 the provisions of this subdivision 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 insure compliance with the applicable laws;
(b) 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;
(c) The proceedings in such libel cases shall conform, as nearly as may be, to the proceedings in admiralty, except that either party may demand trial by jury of any issue of fact joined in any case, and all such proceedings shall be at the suit of and in the name of this state.
III. The provisions of this section shall in no way derogate from authority for condemnation or seizure conferred by other provisions of this subdivision or other laws.
Source. 1985, 72:1, eff. July 1, 1985.