Seizure and Condemnation of Carcasses, Meat, and Meat Food Products; Release Bond; Costs

  1. Law
  2. Georgia Code
  3. Food, Drugs, and Cosmetics
  4. Standards, Labeling, and Adulteration of Food
  5. Meat Inspection
  6. Enforcement of Article
  7. Seizure and Condemnation of Carcasses, Meat, and Meat Food Products; Release Bond; Costs

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  1. Any carcass, part of a carcass, meat, or meat food product of cattle, sheep, swine, nontraditional livestock, rabbits, goats, horses, mules, or other equines, or any dead, dying, disabled, or diseased cattle, sheep, swine, nontraditional livestock, rabbit, goat, or equine, that is being transported or is held for sale in this state after such transportation, and that is or has been prepared, sold, transported, or otherwise distributed or offered or received for distribution in violation of this article, is capable of use as human food and is adulterated or misbranded, or in any other way is in violation of this article, shall be liable to be proceeded against and seized and condemned, at any time, on an action for condemnation to be brought by the Commissioner in the superior court of the county in which the article or animal is found.
  2. 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. The proceeds, if sold, less the court costs and fees and storage and other proper expenses, shall be paid into the state treasury. The article or animals shall not be sold contrary to the provisions of this article or the Federal Meat Inspection Act or the Federal Food, Drug, and Cosmetic Act.
  3. 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 article 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 Commissioner as is necessary to ensure compliance with the applicable laws.
  4. 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, if any, intervening as claimant of the article or animal.
  5. This Code section shall in no way derogate from authority for condemnation or seizure conferred by other provisions of this article or other laws but shall be cumulative to such other authority.

(Ga. L. 1969, p. 1028, § 23; Ga. L. 1974, p. 453, § 1; Ga. L. 1995, p. 244, § 14; Ga. L. 1996, p. 1219, § 3; Ga. L. 2008, p. 458, § 10/SB 364.)

RESEARCH REFERENCES

Am. Jur. 2d.

- 35A Am. Jur. 2d, Food, § 58.

C.J.S.

- 36A C.J.S., Food, § 52 et seq.

ALR.

- Lawfulness of seizure of property used in violation of law as prerequisite to forfeiture action or proceeding, 8 A.L.R.3d 473.


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