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



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



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