§1049 — Title 21 Food and Drugs | U.S. Code

Summary

Eggs or egg products that were processed, sold, moved, held, used, or offered in a way that breaks the egg laws can be taken by the government and brought to a United States district court (or other proper court) under the procedure in section 1050. If the court decides the items are illegal, it can order them destroyed or sold. Money from any sale, after paying court costs, storage, and other proper expenses, goes to the U.S. Treasury. The court cannot allow sales that break the egg laws, the Federal Food, Drug, and Cosmetic Act, the Fair Packaging and Labeling Act, or local law. The court may let the owner keep the items if the owner gives a strong bond promising not to break those laws and allows government supervision to make sure of that. If the items are released under bond or destroyed, the person claiming them must pay the costs. The cases follow special admiralty rules when possible, but either side can ask for a jury trial. All such cases are brought in the name of the United States. These rules do not limit other seizure or condemnation powers given by this chapter or other laws.

Title 21, §1049

Food and Drugs — Source: USLM XML via OLRC

(a)Any eggs or egg products that are or have been processed, bought, sold, possessed, used, transported, or offered or received for sale or transportation, in violation of this chapter, or in any other way are in violation of this chapter; and any restricted eggs, capable of use as human food, in the possession of any person not authorized to acquire such eggs under the regulations of the Secretary shall be liable to be proceeded against and seized and condemned, at any time, on a complaint in any United States district court or other proper court as provided in section 1050 of this title within the jurisdiction of which the articles are found. If the articles are condemned they shall, after entry of the decree, 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 articles shall not be sold contrary to the provision of this chapter, the Federal Food, Drug, and Cosmetic Act [21 U.S.C. 301 et seq.] or the Fair Packaging and Labeling Act [15 U.S.C. 1451 et seq.], or the laws of the jurisdiction in which they are sold: Provided, That upon the execution and delivery of a good and sufficient bond conditioned that the articles shall not be sold or otherwise disposed of contrary to the provisions of this chapter, the Federal Food, Drug, and Cosmetic Act, the Fair Packaging and Labeling Act, or the laws of the jurisdiction in which disposal is made, the court may direct that they 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 articles and they are 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 thereof. The proceedings in such cases shall conform, as nearly as may be, to the supplemental rules for certain admiralty and maritime claims, 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.

(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.

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This chapter, referred to in text, was in the original “this Act”, meaning Pub. L. 91–597, Dec. 29, 1970, 84 Stat. 1620, which is classified principally to this chapter. For complete classification of this Act to the Code, see

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note set out under section 1031 of this title and Tables. The Federal Food, Drug, and Cosmetic Act, referred to in subsec. (a), is act June 25, 1938, ch. 675, 52 Stat. 1040, which is classified generally to chapter 9 (§ 301 et seq.) of this title. For complete classification of this Act to the Code, see section 301 of this title and Tables. The Fair Packaging and Labeling Act, referred to in subsec. (a), is Pub. L. 89–755, Nov. 3, 1966, 80 Stat. 1296, which is classified generally to chapter 39 (§ 1451 et seq.) of Title 15, Commerce and Trade. For complete classification of this Act to the Code, see

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note set out under section 1451 of Title 15 and Tables. The supplemental rules for certain admiralty and maritime claims, referred to in subsec. (a), were renamed the Supplemental Rules for Admiralty or Maritime Claims and Asset Forfeiture Actions and are set out as part of the Federal Rules of Civil Procedure in the Appendix to Title 28, Judiciary and Judicial Procedure.

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of this section, see section 29 of Pub. L. 91–597, set out as a note under section 1031 of this title.

§1049 Seizure and Condemnation Proceedings

Summary

Title 21, §1049

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