§ 3.2-5216. Condemnation of adulterated, misbranded products.
Any product referred to by § 3.2-5215 shall be liable to be proceeded againstand condemned.
At any time prior to the expiration of the 20-day detention period providedby § 3.2-5215, the Commissioner shall notify the attorney for theCommonwealth for the city or county where such detention was made in writing.Upon receiving written notification, the attorney for the Commonwealth shallforthwith file in the name of the Commonwealth any information against thedetained product in the clerk's office of the circuit court of the county orcity where the detention was made. Upon the filing of such information, theclerk of court shall forthwith issue a warrant directing the sheriff to seizethe detained product and see to its transportation to a suitable place ofstorage that, if necessary, may be outside of the county or city served bythe sheriff. Should the attorney for the Commonwealth, for any reason, failto file such information within five days after receipt of written notice ofdetention of the product, the same may, at any time within 30 days thereafterbe filed by the Attorney General and the proceedings thereon shall be thesame as if filed by the attorney for the Commonwealth.
Such information shall allege the seizure, and set forth in general terms thegrounds of forfeiture of the seized product, and shall petition that the samebe condemned and sold and the proceeds disposed of according to law, and thatall persons concerned or interested be cited to appear and show cause whysuch product should not be condemned and sold to enforce the forfeiture.After the filing of the information, the attorney for the Commonwealth shallapply to the judge of the court wherein the information was filed for ahearing on the matters contained in the information. The judge of the courtshall move the cause to the head of the docket and the hearing shall be hadas soon as practical to do so.
The owner of and all persons in any manner then indebted or liable for thepurchase price of the product and any person having a lien thereon, if theybe known to the attorney who files the information, shall be made partiesdefendant thereto, and shall be served with the notice provided for, in themanner provided by law for serving a notice, at least 10 days before the dayspecified for the hearing on the information, if they are residents of theCommonwealth; and if they are unknown or nonresidents, or cannot withreasonable diligence be found in the Commonwealth, they shall be deemedsufficiently served by publication of the notice once a week for twosuccessive weeks in some newspaper published in the county or city, or ifthere be none published therein, then in some newspaper having generalcirculation, and a notice shall be sent by registered mail of such seizure tothe last known address of the owner of the detained product.
Any person claiming to be the owner of such product or to hold a lienthereon, may appear at any time before final judgment of the trial court, andbe made a party defendant to the information so filed, which appearance shallbe by answer, under oath, in which shall be clearly set forth the nature ofsuch defendant's claim, whether as owner or as lienor, and if as owner, theright or title by which he claims to be such owner, and if lienor, the amountand character of his lien, and the evidence thereof; and in either case, suchdefendant shall set forth fully any reason or cause that he may have to showagainst the forfeiture of the product.
If such product is condemned, it shall, after entry of the decree, bedisposed 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 properexpenses, shall be paid into the state treasury, but the product shall not besold contrary to the regulations of the Board; provided, that upon theexecution and delivery of a good and sufficient bond conditioned that theproduct shall not be sold or otherwise disposed of contrary to theregulations of the Board, the court may direct that such product be deliveredto a claimant thereof, who may have appeared in the proceedings, subject tosuch supervision by the Commissioner as is necessary to insure compliancewith the applicable regulations. When a decree of condemnation is enteredagainst a product and it is released under bond, or destroyed, court costsand fees, and storage and other proper expenses may, as the court deems just,be awarded against the person, if any, intervening as claimant of the product.
If a claimant denies for any reason that the product to be condemned issubject to condemnation as provided by this section, and shall demand a trialby jury of the issue thus made, then the court shall, under properinstructions, submit the same to a jury of five, to be selected andempanelled as prescribed by law. If the jury finds in favor of the claimant,or if the court, trying such issue without a jury, so finds, the judgment ofthe court shall be to entirely relieve the product from forfeiture, and nocosts shall be taxed against such claimant.
§ 3.2-5216. Condemnation of adulterated, misbranded products.
Any product referred to by § 3.2-5215 shall be liable to be proceeded againstand condemned.
At any time prior to the expiration of the 20-day detention period providedby § 3.2-5215, the Commissioner shall notify the attorney for theCommonwealth for the city or county where such detention was made in writing.Upon receiving written notification, the attorney for the Commonwealth shallforthwith file in the name of the Commonwealth any information against thedetained product in the clerk's office of the circuit court of the county orcity where the detention was made. Upon the filing of such information, theclerk of court shall forthwith issue a warrant directing the sheriff to seizethe detained product and see to its transportation to a suitable place ofstorage that, if necessary, may be outside of the county or city served bythe sheriff. Should the attorney for the Commonwealth, for any reason, failto file such information within five days after receipt of written notice ofdetention of the product, the same may, at any time within 30 days thereafterbe filed by the Attorney General and the proceedings thereon shall be thesame as if filed by the attorney for the Commonwealth.
Such information shall allege the seizure, and set forth in general terms thegrounds of forfeiture of the seized product, and shall petition that the samebe condemned and sold and the proceeds disposed of according to law, and thatall persons concerned or interested be cited to appear and show cause whysuch product should not be condemned and sold to enforce the forfeiture.After the filing of the information, the attorney for the Commonwealth shallapply to the judge of the court wherein the information was filed for ahearing on the matters contained in the information. The judge of the courtshall move the cause to the head of the docket and the hearing shall be hadas soon as practical to do so.
The owner of and all persons in any manner then indebted or liable for thepurchase price of the product and any person having a lien thereon, if theybe known to the attorney who files the information, shall be made partiesdefendant thereto, and shall be served with the notice provided for, in themanner provided by law for serving a notice, at least 10 days before the dayspecified for the hearing on the information, if they are residents of theCommonwealth; and if they are unknown or nonresidents, or cannot withreasonable diligence be found in the Commonwealth, they shall be deemedsufficiently served by publication of the notice once a week for twosuccessive weeks in some newspaper published in the county or city, or ifthere be none published therein, then in some newspaper having generalcirculation, and a notice shall be sent by registered mail of such seizure tothe last known address of the owner of the detained product.
Any person claiming to be the owner of such product or to hold a lienthereon, may appear at any time before final judgment of the trial court, andbe made a party defendant to the information so filed, which appearance shallbe by answer, under oath, in which shall be clearly set forth the nature ofsuch defendant's claim, whether as owner or as lienor, and if as owner, theright or title by which he claims to be such owner, and if lienor, the amountand character of his lien, and the evidence thereof; and in either case, suchdefendant shall set forth fully any reason or cause that he may have to showagainst the forfeiture of the product.
If such product is condemned, it shall, after entry of the decree, bedisposed 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 properexpenses, shall be paid into the state treasury, but the product shall not besold contrary to the regulations of the Board; provided, that upon theexecution and delivery of a good and sufficient bond conditioned that theproduct shall not be sold or otherwise disposed of contrary to theregulations of the Board, the court may direct that such product be deliveredto a claimant thereof, who may have appeared in the proceedings, subject tosuch supervision by the Commissioner as is necessary to insure compliancewith the applicable regulations. When a decree of condemnation is enteredagainst a product and it is released under bond, or destroyed, court costsand fees, and storage and other proper expenses may, as the court deems just,be awarded against the person, if any, intervening as claimant of the product.
If a claimant denies for any reason that the product to be condemned issubject to condemnation as provided by this section, and shall demand a trialby jury of the issue thus made, then the court shall, under properinstructions, submit the same to a jury of five, to be selected andempanelled as prescribed by law. If the jury finds in favor of the claimant,or if the court, trying such issue without a jury, so finds, the judgment ofthe court shall be to entirely relieve the product from forfeiture, and nocosts shall be taxed against such claimant.
§ 3.2-5216. Condemnation of adulterated, misbranded products.
Any product referred to by § 3.2-5215 shall be liable to be proceeded againstand condemned.
At any time prior to the expiration of the 20-day detention period providedby § 3.2-5215, the Commissioner shall notify the attorney for theCommonwealth for the city or county where such detention was made in writing.Upon receiving written notification, the attorney for the Commonwealth shallforthwith file in the name of the Commonwealth any information against thedetained product in the clerk's office of the circuit court of the county orcity where the detention was made. Upon the filing of such information, theclerk of court shall forthwith issue a warrant directing the sheriff to seizethe detained product and see to its transportation to a suitable place ofstorage that, if necessary, may be outside of the county or city served bythe sheriff. Should the attorney for the Commonwealth, for any reason, failto file such information within five days after receipt of written notice ofdetention of the product, the same may, at any time within 30 days thereafterbe filed by the Attorney General and the proceedings thereon shall be thesame as if filed by the attorney for the Commonwealth.
Such information shall allege the seizure, and set forth in general terms thegrounds of forfeiture of the seized product, and shall petition that the samebe condemned and sold and the proceeds disposed of according to law, and thatall persons concerned or interested be cited to appear and show cause whysuch product should not be condemned and sold to enforce the forfeiture.After the filing of the information, the attorney for the Commonwealth shallapply to the judge of the court wherein the information was filed for ahearing on the matters contained in the information. The judge of the courtshall move the cause to the head of the docket and the hearing shall be hadas soon as practical to do so.
The owner of and all persons in any manner then indebted or liable for thepurchase price of the product and any person having a lien thereon, if theybe known to the attorney who files the information, shall be made partiesdefendant thereto, and shall be served with the notice provided for, in themanner provided by law for serving a notice, at least 10 days before the dayspecified for the hearing on the information, if they are residents of theCommonwealth; and if they are unknown or nonresidents, or cannot withreasonable diligence be found in the Commonwealth, they shall be deemedsufficiently served by publication of the notice once a week for twosuccessive weeks in some newspaper published in the county or city, or ifthere be none published therein, then in some newspaper having generalcirculation, and a notice shall be sent by registered mail of such seizure tothe last known address of the owner of the detained product.
Any person claiming to be the owner of such product or to hold a lienthereon, may appear at any time before final judgment of the trial court, andbe made a party defendant to the information so filed, which appearance shallbe by answer, under oath, in which shall be clearly set forth the nature ofsuch defendant's claim, whether as owner or as lienor, and if as owner, theright or title by which he claims to be such owner, and if lienor, the amountand character of his lien, and the evidence thereof; and in either case, suchdefendant shall set forth fully any reason or cause that he may have to showagainst the forfeiture of the product.
If such product is condemned, it shall, after entry of the decree, bedisposed 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 properexpenses, shall be paid into the state treasury, but the product shall not besold contrary to the regulations of the Board; provided, that upon theexecution and delivery of a good and sufficient bond conditioned that theproduct shall not be sold or otherwise disposed of contrary to theregulations of the Board, the court may direct that such product be deliveredto a claimant thereof, who may have appeared in the proceedings, subject tosuch supervision by the Commissioner as is necessary to insure compliancewith the applicable regulations. When a decree of condemnation is enteredagainst a product and it is released under bond, or destroyed, court costsand fees, and storage and other proper expenses may, as the court deems just,be awarded against the person, if any, intervening as claimant of the product.
If a claimant denies for any reason that the product to be condemned issubject to condemnation as provided by this section, and shall demand a trialby jury of the issue thus made, then the court shall, under properinstructions, submit the same to a jury of five, to be selected andempanelled as prescribed by law. If the jury finds in favor of the claimant,or if the court, trying such issue without a jury, so finds, the judgment ofthe court shall be to entirely relieve the product from forfeiture, and nocosts shall be taxed against such claimant.
