189A.12 - SEIZURE, DETENTION AND DETERMINATION.
189A.12 SEIZURE, DETENTION AND DETERMINATION.
Whenever any livestock or poultry product or any product exempted
from the definition of a livestock or poultry product, or any dead,
dying, disabled, or diseased livestock or poultry is found by any
authorized representative of the secretary upon any premises where it
is held for purposes of, or during or after distribution in,
intrastate commerce or is otherwise subject to this chapter, and
there is reason to believe that any such article is adulterated or
misbranded and is capable of use as human food, or that it has not
been inspected in violation of the provisions of this chapter, the
federal Meat Inspection Act, the federal Poultry Products Inspection
Act, or the federal Food, Drug, and Cosmetic Act, or that such
article or animal has been or is intended to be distributed in
violation of any such provisions, it may be detained by such
representative for a period not to exceed twenty days, pending action
under this section or notification of any federal authorities having
jurisdiction over such article or animal, and shall not be moved by
any person from the place at which it is located when so detained
until released by such representative. All official marks may be
required by such representative to be removed from such article or
animal before it is released unless it appears to the satisfaction of
the secretary that the article or animal is eligible to retain such
marks.
1. Any livestock or poultry product, or any dead, dying,
disabled, or diseased livestock or poultry which is being transported
in intrastate commerce, or is otherwise subject to this chapter, or
is held for sale in this state after such transportation, and which
is or has been prepared, sold, transported, or otherwise distributed
or offered or received for distribution in violation of this chapter;
or is capable of use as human food and is adulterated or misbranded;
or is in any other way in violation of this chapter shall be liable
to be proceeded against and seized and condemned at any time on a
complaint filed in the district court of the particular county within
the jurisdiction of which such article or animal is found. 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 any
proceeds, less the court costs and fees, storage fees, 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, the federal Meat Inspection Act, the federal Poultry
Products Inspection Act, or the federal Food, Drug, and Cosmetic Act;
however, 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
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 secretary as is
necessary to insure compliance with the applicable laws. When a
decree of condemnation is entered against the article or animal and
it is released under bond or destroyed, court costs and fees, storage
fees, and other proper expenses shall be awarded against any person
intervening as claimant of the article or animal. The proceedings in
such cases shall be held without a jury, 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.
2. 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 applicable laws. Section History: Early Form
[C66, 71, 73, 75, 77, 79, 81, § 189A.12]