Section 39-5-38 - Seizure and condemnation of articles or animals in violation--Procedure for disposalof articles or animals.
39-5-38. Seizure and condemnation of articles or animals in violation--Procedure for disposal of articles or animals. Any carcass, part of a carcass, or meat food product of any livestock or any dying, crippled, or diseased livestock that is being transported in this state, or is held for sale or donation in this state after such transportation, and that:
(1) Is or has been prepared, sold, transported, or otherwise distributed or offered or received for distribution in violation of this chapter; or
(2) Is capable of use as human food and is adulterated or misbranded; or
(3) In any other way is in violation of this chapter,
shall be liable to be proceeded against and seized and condemned, at any time, by an action in the circuit court of South Dakota within the jurisdiction of which the article or animal is found. 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 and the proceeds, if sold, 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 chapter or federal law: Provided, that 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 chapter or federal law, the court may direct that such article or animal be delivered to the owner thereof subject to such supervision by authorized representatives of the secretary of the Animal Industry Board as is necessary to ensure compliance with this chapter. 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 expenses shall be awarded against the person, if any, intervening as claimant of the article or animal.
Source: SL 1968, ch 158, § 19.