§1265 Seizures

Summary

Hazardous products that are misbranded, banned, shipped between states, held for sale after being shipped, or made in violation of the rules can be seized and sued over in a federal district court where they are found. A hazardous product meant for export is not covered if it (1) is packaged the way the foreign buyer wants, (2) is labeled according to the foreign country's laws, (3) is marked on the outside as intended for export, and (4) is actually exported. The government can seize the product and use a court action that follows rules like those used in maritime cases, though either side can ask for a jury trial on factual questions. If the same claimant faces similar cases in more than one court, the United States or the claimant can ask one court to combine the cases for trial in a selected or agreed district; if no choice is made in time, a court will pick a nearby district to the claimant’s main business. After a court rules the product unlawful, it can be destroyed or sold; sale money minus legal costs goes to the U.S. Treasury and sales must follow applicable laws. Alternatively, after paying costs and posting a bond, an owner may be allowed to take the product to destroy it or fix it under government supervision, paying supervision costs. If a claimant loses, that claimant must pay court costs, fees, storage, and other proper expenses. When a case is moved for trial, records must be sent promptly and the new court has the same powers and duties as the original.