21 U.S.C. § 467b : US Code - Section 467B: Seizure and condemnation

Search 21 U.S.C. § 467b : US Code - Section 467B: Seizure and condemnation

(a) Proceedings in rem; libel of information; jurisdiction;
disposal by destruction or sale; proceeds into the Treasury;
sales restrictions; bonds; court costs and fees, storage, and
other expenses against claimants; jury trial; United States as
plaintiff
(1) Any poultry product, or any dead, dying, disabled, or
diseased poultry, that is being transported in commerce or
otherwise subject to this chapter, or is held for sale in the
United States after such transportation, and that (A) is or has
been processed, sold, transported, or otherwise distributed or
offered or received for distribution in violation of this chapter,
or (B) is capable of use as human food and is adulterated or
misbranded, or (C) in any other way is in violation of this
chapter, shall be liable to be proceeded against and seized and
condemned, at any time, on a libel of information in any United
States district court or other proper court as provided in section
467c of this title within the jurisdiction of which the article or
poultry is found.
(2) If the article or poultry is condemned it shall, after entry
of the decree, (A) be distributed in accordance with paragraph (5),
or (B) 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 the United States, but the article or poultry shall not
be sold contrary to the provisions of this chapter, or the laws of
the jurisdiction in which it is sold: Provided, That upon the
execution and delivery of a good and sufficient bond conditioned
that the article or poultry shall not be sold or otherwise disposed
of contrary to the provisions of this chapter, or the laws of the
jurisdiction in which disposal is made, the court may direct that
such article or poultry be delivered to the owner thereof subject
to such supervision by authorized representatives of the Secretary
as is necessary to insure compliance with the applicable laws.
(3) When a decree of condemnation is entered against the article
or poultry 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 poultry.
(4) 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 the United States.
(5)(A) An article that is condemned under paragraph (1) may as
the court may direct, after entry of the decree, be distributed
without charge to nonprofit, private entities or to Federal, State,
or local government entities engaged in the distribution of food
without charge to individuals, if such article -
(i) is capable of use as a human food;
(ii) has been inspected under this chapter and found to be
wholesome and not to be adulterated within the meaning of
paragraphs (1) through (7) of section 453(g) of this title and a
determination is made at the time of the entry of the decree that
such article is wholesome and not so adulterated; and
(iii) is plainly marked "Not for Sale" on such article or its
container.
(B) The United States may not be held legally responsible for any
article that is distributed under subparagraph (A) to a nonprofit,
private entity or to a Federal, State, or local government entity,
if such article -
(i) was found after inspection under this chapter to be
wholesome and not adulterated within the meaning of paragraphs
(1) through (7) of section 453(g) of this title and a
determination was made at the time of the entry of the decree
that such article was wholesome and not so adulterated; and
(ii) was plainly marked "Not for Sale" on such article or its
container.
(C) The person from whom such article was seized and condemned
may not be held legally responsible for such article, if such
article -
(i) was found after inspection under this chapter to be
wholesome and not adulterated within the meaning of paragraphs
(1) through (7) of section 453(g) of this title and a
determination was made at the time of entry of the decree that
such article was wholesome and not so adulterated; and
(ii) was plainly marked "Not for Sale" on such article or its
container.
(b) Condemnation or seizure under other provisions unaffected
The provisions of this section shall in no way derogate from
authority for condemnation or seizure conferred by other provisions
of this chapter, or other laws.