§145-34 Authority to seize, condemn, or destroy covered produce. (a) If the department believes any covered produce on a covered farm that is being grown, kept, or exposed for sale or held in possession or under the control of any person to be in violation of this part or rules adopted pursuant to section 145-39, the department may seize or take possession of or condemn, destroy, or require the destruction of the covered produce.
(b) Prior to condemning, destroying, or requiring the destruction of covered produce pursuant to subsection (a), the department shall seize the covered produce and either:
(1) Secure written agreement to the condemnation or destruction, on a form to be provided by the chairperson, from the person from whom the covered produce was seized; or
(2) Make complaint before a district judge pursuant to section 145-35. [L 2019, c 103, pt of §2]