§467b Seizure and condemnation

Summary

Poultry products or poultry that are being moved for sale or held for sale in the U.S. can be taken by the government and declared unfit if they were handled in ways that break the law, are unsafe or mislabeled, or otherwise violate the rules. A federal court can order them seized and condemned. After the court’s order, the items can be destroyed, sold, or given away as the court directs. If sold, the money left after court costs, fees, storage, and other proper expenses must go into the U.S. Treasury. The court can let an owner get the items back only if the owner posts a strong bond promising to follow the law and lets government inspectors supervise. If someone claims the items and they are released under bond or destroyed, that person must pay the court costs and storage charges. The legal case is brought in the name of the United States and generally follows admiralty procedure, but either side can ask for a jury on factual questions. The court may order condemned items to be given free to nonprofit groups or government food distributors if the food can be eaten by people, was inspected and found wholesome and not adulterated as described in section 453(g)(1)–(7) at the time of the order, and is plainly marked "Not for Sale." If those three conditions are met, the United States and the person the items came from cannot be held legally responsible for that food. These rules do not take away any other seizure or condemnation powers given elsewhere in the law.