[§145-27]  Authorization to seize and holdcommodities; disposition.  (a)  In addition to the issuance of a citationand summons, upon reasonable belief that the person is in unlawful possessionof agricultural commodities a law enforcement officer or other officer oremployee as described in section 145-25 shall be authorized to hold theagricultural commodity for not longer than forty-eight hours to investigate andascertain the ownership of the agricultural commodity.  If the lawful owner isdetermined and located, the agricultural, aquacultural, or horticulturalcommodity shall be released to the lawful owner.

(b)  If for any reason the agriculturalcommodity is not released to the lawful owner after being in the custody of thelaw enforcement officer or other officer or employee as described in section145-25 for forty-eight hours, or less in the case of highly perishablecommodities, the commodity may be sold at fair market value to any retailer,wholesaler, or packer of the commodity.  All of the proceeds derived from thesale shall be held by the law enforcement officer or other officer or employeeas described in section 145-25 for not longer than six months, during whichtime the lawful owner of the commodity may submit satisfactory proof of ownershipand obtain possession of the proceeds.  The owner may be held responsible forany costs and expenses that may be incurred by the law enforcement officer orother officer or employee as described in section 145-25.  Any proceeds of salenot recovered within six months for lack of a claim or for insufficient proofshall be treated as unclaimed property of the State.

(c)  Any commodity that remains unsold afterbeing offered for sale pursuant to this section may be donated to a nonprofitcharitable organization or destroyed at the discretion of the law enforcementofficer or other officer or employee as described in section 145-25. [L 1999, c186, pt of §2]