State Codes and Statutes
Statutes > New-mexico > Chapter-76 > Article-19 > Section-76-19-1176-19-11. Detained commercial feeds.
A. When the board or its authorized agent has reasonable cause to believe any lot of commercial feed is being distributed in violation of any of the provisions of the Commercial Feed Law [76-19-1 to 76-19-14 NMSA 1978] or of any of the prescribed regulations under that act, it may issue and enforce a written or printed "withdrawal from sale" order, warning the distributor not to dispose of the lot of feed in any manner until written permission is given by the board or the court. The board shall release the lot of commercial feed so withdrawn when said provisions and regulations have been complied with. If compliance is not obtained within thirty days, the board may begin, or upon request of the distributor shall begin, proceedings for condemnation.
B. Any lot of commercial feed not in compliance with said provisions and regulations shall be subject to seizure on complaint of the board to a court of competent jurisdiction in the area in which the commercial feed is located. In the event the court finds the commercial feed to be in violation of the Commercial Feed Law and orders the condemnation of said commercial feed, it shall be disposed of in any manner consistent with the quality of the commercial feed and the laws of New Mexico. However, in no instance shall the disposition of condemned commercial feed be ordered by the court without first giving the claimant an opportunity to apply to the court for release of condemned commercial feed or for permission to process or relabel condemned commercial feed to bring it into compliance with the Commercial Feed Law.
