SECTIONS 18871-18874 - California Statutes

FOOD AND AGRICULTURAL CODE

SECTION 18871-18874

18871. Since it cannot be determined with certainty, by any present
known method of inspection, whether meat, including any poultry
meat, is unwholesome unless the organs and other tissues of an animal
are inspected when slaughtered, and as meat and meat food products,
and poultry products which are derived from uninspected livestock or
poultry may be unfit for human food, the director, except as
otherwise provided in this chapter, shall seize and destroy for human
food purposes any meat, meat food product, or poultry product that
does not bear the "inspected and passed" stamp, brand, mark, or label
which is required by this chapter.

18872. Whenever any livestock product or poultry product or any
product exempted from the definition of a livestock product and from
the definition of a poultry product, or any dead, dying, disabled, or
diseased livestock or poultry, is found by any authorized
representative of the director upon any premises where it is held for
purposes of, during, or after distribution in, intrastate commerce,
or is otherwise subject to this chapter and there is reason to
believe that any such article is adulterated or misbranded and is
capable of use as human food, or that it has not been inspected, in
violation of the provisions of this chapter or of the Federal Meat
Inspection Act or the Federal Poultry Products Inspection Act or the
Federal Food, Drug, and Cosmetic Act, or that such article or animal
has been or is intended to be, distributed in violation of any such
provisions, it may be detained by such representative for a period
not to exceed 20 days, pending action under Section 18873 or
notification of any federal authorities having jurisdiction over such
article or animal, and shall not be moved by any person from the
place at which it is located when so detained, until released by such
representative. All official marks may be required by such
representative to be removed from such article or animal before it is
released unless it appears to the satisfaction of the director that
the article or animal is eligible to retain such marks.

18873. Any livestock product or poultry product or any dead, dying,
disabled, or diseased livestock or poultry that is being transported
in intrastate commerce, or is otherwise subject to this chapter, or
is held for sale in this state after such transportation shall be
liable to be proceeded against, seized, and condemned, at any time,
in any proper court within the jurisdiction of which such article or
animal is found, in any of the following cases:
(a) The product is or has been prepared, sold, transported, or
otherwise distributed or offered or received for distribution in
violation of this chapter.
(b) The product is capable of use as human food and is adulterated
or misbranded.
(c) In any other way is in violation of this chapter.
If such article or animal is condemned it shall, after entry of
the decree, be disposed of by destruction or sale as the court may
direct and if sold the proceeds, less the court costs and fees, and
storage and other proper expenses, shall be paid into the State
Treasury, but in no event shall the article or animal be sold
contrary to the provisions of this chapter, or the Federal Meat
Inspection Act or the Federal Poultry Products Inspection Act, or the
Federal Food, Drug, and Cosmetic Act. The court may direct that such
article or animal be delivered to the owner upon the execution and
delivery of a good and sufficient bond upon the condition that the
article or animal shall not be sold or otherwise disposed of contrary
to the provisions of this chapter, or the laws of the United States,
and subject to such supervision by an authorized representative of
the director as is deemed necessary to insure compliance with the
applicable laws. 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 such
article or animal.

18874. The provisions of Section 18873 shall in no way derogate
from authority for condemnation or seizure conferred by other
provisions of this chapter, or other laws.