§ 106-549.32. Enforcement against condemned meat; appeal.
§ 106‑549.32. Enforcement against condemned meat; appeal.
(a) Any carcass, part of a carcass, meat or meat food product ofcattle, sheep, swine, goats, horses, mules or other equines, or any dead,dying, disabled, or diseased cattle, sheep, swine, goat, or equine, that isbeing transported in intrastate commerce, or is held for sale in this Stateafter such transportation, and that (i) is or has been prepared, sold,transported or otherwise distributed or offered or received for distribution inviolation of this or the previous Article, or (ii) is capable of use as humanfood and is adulterated or misbranded, or (iii) in any other way is inviolation of this or the previous Article, shall be liable to be proceededagainst and seized and condemned, at any time, on a complaint in any propercourt as provided in G.S. 106‑549.33 within the jurisdiction of which thearticle or animal is found. If the article or animal is condemned it shall,after entry of the order be disposed of by destruction or sale as the court maydirect and the proceeds, if sold, less the court costs and fees, and storageand other proper expenses, shall be paid into the general fund of this State,but the article or animals shall not be sold contrary to the provisions of thisor the previous Article. Provided, that upon the execution and delivery of agood and sufficient bond conditioned that the article or animal shall not besold or otherwise disposed of contrary to the provisions of this or theprevious Article, the court may direct that such article or animal bedelivered to the owner thereof subject to such supervision by the authorizedrepresentative of the Commissioner as is necessary to insure compliance withthe applicable laws. When an order 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 shall be awarded against the person, ifany, intervening as claimant of the article or animal. The proceedings in suchcases shall be heard by the superior court without a jury, with the right ofthe aggrieved party to appeal to the Court of Appeals, and all such proceedingsshall be at the suit of and in the name of this State. No appeal shall lie fromthe Court of Appeals.
(b) The provisions of this section shall in no way derogate fromauthority for condemnation or seizure conferred by other provisions of this orthe previous Article, or other laws. (1969, c. 893, s. 18.)