§467b Seizure and Condemnation

Summary

Poultry or poultry products that are being moved in commerce or held for sale and that were handled, sold, or offered in ways that break these rules, or that are adulterated, misbranded, or otherwise illegal, can be seized and condemned by a U.S. district court or other proper court under section 467c. After a court orders condemnation, the court may either distribute the items as allowed below, or destroy or sell them. If sold, the money, minus court costs, fees, storage, and other proper expenses, must go into the U.S. Treasury. The court may return the goods to the owner if the owner gives a strong bond promising not to sell or dispose of them against these rules or local law, and allows supervision to make sure the law is followed. If the goods are condemned and then released under bond or destroyed, the claimant must pay the court costs, fees, storage, and other proper expenses. The cases follow admiralty procedures as much as possible, but either side can ask for a jury trial, and the United States brings the suit in its own name. A court may also direct that condemned items be given free to nonprofit groups or federal, state, or local government food programs if the items are fit for human food, were inspected and found wholesome and not adulterated under paragraphs (1) through (7) of section 453(g), and are plainly marked "Not for Sale." If those three conditions are met, neither the United States nor the person from whom the items were seized can be held legally responsible. These rules do not take away any other seizure or condemnation powers given elsewhere in this chapter or other laws.