Title 21Food and DrugsRelease 119-73

§673 Seizure and condemnation

Title 21 › Chapter CHAPTER 12— - MEAT INSPECTION › Subchapter SUBCHAPTER IV— - AUXILIARY PROVISIONS › § 673

Last updated Apr 6, 2026|Official source

Summary

Allows the government to seize and condemn meat, parts of carcasses, or animals (including cattle, sheep, pigs, goats, horses, mules, and other equines) that are being moved in commerce or held for sale in the United States if they were handled in violation of the law, are adulterated or misbranded, or are otherwise illegal. The seizure is done by filing a libel of information in a United States district court or another proper court under section 674. If the court condemns the article or animal, the judge may order it distributed, destroyed, or sold. If sold, the money goes to the U.S. Treasury after paying court costs, fees, storage, and other proper expenses. The court may release the item to its owner under a bond that promises it will not be sold in violation of the law and may require supervision. A claimant who caused the release under bond or whose item is destroyed must pay the court costs and expenses. The court process follows admiralty rules as far as possible, but either side can demand a jury trial, and the suit is brought in the name of the United States. Condemned food may be given free to nonprofit groups or federal, state, or local food programs if it was inspected and found wholesome under paragraphs (1) through (7) and (9) of section 601(m) and is plainly marked “Not for Sale.” If those conditions are met, neither the United States nor the person from whom the article was seized can be held legally responsible for the distributed article. These rules do not limit any other seizure or condemnation powers in this chapter or other laws.

Full Legal Text

Title 21, §673

Food and Drugs — Source: USLM XML via OLRC

(a)(1)Any carcass, part of a carcass, meat or meat food product of cattle, sheep, swine, goats, horses, mules or other equines, or any dead, dying, disabled, or diseased cattle, sheep, swine, goat, or equine, that is being transported in commerce or otherwise subject to subchapter I or II of this chapter, or is held for sale in the United States after such transportation, and that (A) is or has been prepared, 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 674 of this title within the jurisdiction of which the article or animal is found.
(2)If the article or animal 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 animal 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 animal 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 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.
(3)When a decree of condemnation is entered against the article or 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, if any, intervening as claimant of the article or animal.
(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)has been inspected under this chapter and found to be wholesome and not to be adulterated within the meaning of paragraphs (1) through (7) and (9) of section 601(m) 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
(ii)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) and (9) of section 601(m) 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) and (9) of section 601(m) 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.
(b)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.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

Amendments

1989—Subsec. (a). Pub. L. 101–205 designated first sentence as par. (1) and redesignated cls. (1) to (3) as cls. (A) to (C), respectively, designated second sentence as par. (2) and inserted “(A) to be distributed in accordance with paragraph (5), or (B)” after “entry of the decree,”, designated third and fourth sentences as pars. (3) and (4), respectively, and added par. (5).

Reference

Citations & Metadata

Citation

21 U.S.C. § 673

Title 21Food and Drugs

Last Updated

Apr 6, 2026

Release point: 119-73