3.2-5414 - Seizure and condemnation provisions.
§ 3.2-5414. Seizure and condemnation provisions.
A. Any livestock product or poultry product or any dead, dying, disabled, ordiseased livestock or poultry that is being transported in intrastatecommerce, or is otherwise subject to this chapter, or is held for sale in theCommonwealth after such transportation, and that: (i) is or has beenprepared, sold, transported, or otherwise distributed or offered or receivedfor distribution in violation of this chapter; (ii) is capable of use ashuman food and is adulterated or misbranded; or (iii) in any other way is inviolation of this chapter, shall be liable to be proceeded against and seizedand condemned.
At any time prior to the expiration of the 20-day detention period providedby § 3.2-5413, the Commissioner shall notify the attorney for theCommonwealth for the city or county where such detention was made in writingof said detention. Upon receiving such written notification, the attorney forthe Commonwealth shall forthwith file in the name of the Commonwealth aninformation against the detained property in the clerk's office of thecircuit court of the county or city where detention was made. Upon the filingof such information, the clerk of court shall forthwith issue a warrantdirecting the sheriff to seize the detained property and see to itstransportation to a suitable place of storage that, if necessary, may beoutside of the county or city served by the sheriff. Should the attorney forthe Commonwealth, for any reason, fail to file such information within fivedays after receipt of written notice of detention of articles or animals, thesame may, at any time within 30 days thereafter be filed by the AttorneyGeneral and the proceedings thereon shall be the same as if filed by theattorney for the Commonwealth.
Such information shall allege the seizure, and set forth in general terms thegrounds of forfeiture of the seized property, and shall petition that thesame be condemned and sold and the proceeds disposed of according to law, andthat all persons concerned or interested be cited to appear and show causewhy such property should not be condemned and sold to enforce the forfeiture.After the filing of the information, the attorney for the Commonwealth shallapply to the judge of the court wherein the information was filed for ahearing on the matters contained in the information. The judge of the courtshall move the matter to the head of the docket and such hearing shall be hadas soon as practical to do so.
The owner of and all persons in any manner then indebted or liable for thepurchase price of the article or animal, and any person having a lienthereon, if they be known to the attorney who files the information, shall bemade parties defendant thereto, and shall be served with the noticehereinafter provided for, in the manner provided by law for serving a notice,at least ten days before the day therein specified for the hearing on theinformation, if they be residents of the Commonwealth; and if they be unknownor nonresidents, or cannot with reasonable diligence be found in theCommonwealth, they shall be deemed sufficiently served by publication of thenotice once a week for two successive weeks in some newspaper published insuch county or city, or if none be published therein, then in some newspaperhaving general circulation therein, and a notice shall be sent by registeredmail of such seizure to the last known address of the owner of such articleor animal. If any such person be served by publication, then no hearing shallbe had prior to the expiration of 10 days from the date of the recordpublication of the notice.
Any person claiming to be the owner of such seized article or animal, or tohold a lien thereon, may appear at any time before final judgment of thetrial court, and be made a party defendant to the information so filed, whichappearance shall be in person or by answer, under oath, in which shall beclearly set forth the nature of such defendant's claim, whether as owner oras lienor, and if as owner, the right or title by which he claims to be suchowner, and if lienor, the amount and character of his lien, and the evidencethereof; and in either case, such defendant shall set forth fully any reasonor cause that he may have to show against the forfeiture of the article oranimal.
If such 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 theproceeds, if sold, less the court costs and fees, and storage and otherproper expenses, shall be paid into the treasury of the Commonwealth, but thearticle or animal shall not be sold contrary to the provisions of thischapter, or the Federal Meat Inspection Act or the Federal Poultry ProductsInspection Act, or the Federal Food, Drug, and Cosmetic Act; provided, thatupon the execution and delivery of a good and sufficient bond conditionedthat the article or animal shall not be sold or otherwise disposed ofcontrary to the provisions of this chapter, or the laws of the United States,the court may direct that such article or animal be delivered to a claimantthereof, who may have appeared in the proceedings, subject to suchsupervision by the Commissioner as is necessary to insure compliance with theapplicable laws. When a decree of condemnation is entered against the articleor animal and it is released under bond, or destroyed, court costs and fees,and storage and other proper expenses may as the court deems just, be awardedagainst the person, if any, intervening as claimant of the article or animal.
If a claimant shall deny for any reason that the article or animal to becondemned is subject to condemnation as provided by this section, and shalldemand a trial by jury of the issue thus made, the court shall, under properinstructions, submit the same to a jury of five, to be selected andempanelled as prescribed by law, and if such jury shall find on the issue infavor of such claimant, or if the court, trying such issue without a jury,shall so find, the judgment of the court shall be to entirely relieve theproperty from forfeiture, and no costs shall be taxed against such claimant.
B. The provisions of this section shall in no way derogate from authority forcondemnation or seizure conferred by other provisions of this chapter, orother laws.
(1970, c. 290, § 3.1-884.29; 2008, c. 860.)