3-2085. Condemnation of product
A. Any carcass, part of a carcass, meat or meat food product of cattle, sheep,
swine, goats, horses, mules or other equines, or any dead, dying, disabled or diseased
cattle, sheep, swine, goat or equine, that is being transported in intrastate commerce,
or is held for sale in this state after such transportation, and is or has been
processed, sold, transported or otherwise distributed or offered or received for
distribution in violation of this chapter, or is capable of use as human food and is
adulterated or misbranded, or in any other way is in violation of this chapter, shall be
liable to be proceeded against and seized and condemned at any time on a libel of
information in the superior court in any county within the jurisdiction of which the
article or animal is found.
B. If the article or animal is condemned it 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 deposited,
pursuant to sections 35-146 and 35-147, but the article or animal shall not be sold
contrary to the provisions of this chapter, or the federal meat inspection act or the
federal food, drug and cosmetic act, provided, that upon the execution and delivery of a
good and sufficient bond conditioned that the article or animal shall not be sold or
otherwise disposed of contrary to this chapter or the laws of the United States, the
court may direct that such article or animal be delivered to the owner thereof subject to
such supervision by authorized representatives of the department as is necessary to
insure compliance with the applicable laws. When a decree of condemnation is entered
against the article or animal and it is released under bond or destroyed, court costs and
fees and storage and other proper expenses shall be awarded against the person
intervening as claimant of the article or animal.
C. 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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