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U.S. Code as of:
01/19/04
Section 1049. Seizure and condemnation proceedings
(a) Jurisdiction; disposal of condemned articles; court costs and
fees; conformity to supplemental rules for admiralty and maritime
claims; jury trial; United States as plaintiff
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) Condemnation or seizure under other provisions unaffected
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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