§467b Seizure and Condemnation

Summary

Poultry products, or dead, sick, or injured birds that are being moved in trade or are held for sale in the United States and that break the rules in this chapter can be seized and legally taken by the United States. The government starts a court case in the proper U.S. district court where the item is found (under section 467c of this title). If the court orders the item condemned, the court can either give it out under rules below, destroy it, or sell it and send the sale money (after court costs, storage, and other proper expenses) to the U.S. Treasury. The court may release condemned items back to the owner if the owner gives a bond promising not to sell or dispose of them against the law, and allows supervision by authorized representatives of the Secretary. If a claimed item is released on bond or destroyed, the person who claimed it in court must pay the court costs and other expenses. Court cases follow admiralty procedures but either side may demand a jury. Condemned items may be given free to nonprofit or government food distributors only if they are fit for people, were inspected and found wholesome and not adulterated under paragraphs (1) through (7) of section 453(g) of this title at the time of the court order, and are plainly marked "Not for Sale." If those three conditions are met, neither the United States nor the person from whom the item was seized can be held legally responsible for the distributed item. These rules do not reduce any other seizure or condemnation powers under this chapter or other laws.