State Codes and Statutes
Statutes > North-carolina > Chapter_106 > GS_106-284_43§ 106‑284.43. Detained commercial feeds.
(a) "Withdrawal from distribution" orders: When theCommissioner or his authorized agent has reasonable cause to believe any lot ofcommercial feed is being distributed in violation of any of the provisions ofthis Article or of any of the prescribed regulations under this Article, he mayissue and enforce a written or printed "withdrawal from distribution"order, ordering the distributor not to dispose of the lot of commercial feed inany manner until written permission is given by the Commissioner or a court.The Commissioner shall release the lot of commercial feed so withdrawn whensaid provisions and regulations have been complied with. If compliance is notobtained within 30 days, the Commissioner may begin, or upon request of thedistributor or registrant shall begin, proceedings for condemnation.
(b) "Condemnation and confiscation": Any lot ofcommercial feed not in compliance with said provisions and regulations shall besubject to seizure on complaint of the Commissioner to the superior court inthe county in which said commercial feed is located. In the event the courtfinds the said commercial feed to be in violation of this Article, and ordersthe condemnation of said commercial feed, it shall be disposed of in any mannerconsistent with the quality of the commercial feed and the laws of the State,provided, that in no instance shall the disposition of said commercial feed beordered by the court without first giving the claimant an opportunity to applyto the court for release of said commercial feed or for permission to processor relabel said commercial feed to bring it into compliance with this Article.All costs and expenses incurred by the Department of Agriculture and ConsumerServices in any proceedings associated with such seizure and confiscation shallbe paid by the claimant. (1973, c. 771, s. 14; 1997‑261, s. 109.)
