§673 Seizure and Condemnation

Summary

Federal officials can seize and have taken away any carcass, part of a carcass, meat, meat product, or any dead, dying, disabled, or diseased cattle, sheep, swine, goats, horses, mules, or other equines that are being moved in commerce or held for sale in the United States if the item was handled or offered in ways that break the law, or if it could be used as human food but is adulterated or mislabeled. A court case may be started in a U.S. district court where the item is found. If the court condemns the item, it can either order it given out, destroyed, or sold. If sold, the money (after court costs, storage, and other proper expenses) goes to the U.S. Treasury. The court can let the owner take the item back under a good bond and supervision to make sure laws are followed. If a claimant’s item is released under bond or destroyed, that claimant must pay the court costs and other proper expenses. The court process follows admiralty rules, but either side can ask for a jury on factual issues. Condemned food may be given free to nonprofits or government 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.” The United States and the person from whom the food was seized are not legally responsible for such distributed items if those conditions are met. These rules do not reduce other seizure or condemnation powers in the law.