§ 106-549.66. Seizure or condemnation proceedings. - North Carolina Statutes

§ 106‑549.66. Seizure or condemnation proceedings.

(a)        Any poultry product, or any dead, dying, or disabled, ordiseased poultry, that is being transported in intrastate commerce, subject tothis Article, or is held for sale in this State after such transportation, andthat

(1)        Is or has been processed, sold, transported, or otherwisedistributed or offered or received for distribution in violation of thisArticle, or

(2)        Is capable of use as human food and is adulterated ormisbranded, or

(3)        In any other way is in violation of this Article, shall beliable to be proceeded against and seized and condemned, at any time, on anaffidavit filed in any superior court within the jurisdiction of which thearticle or poultry is found. If the article or poultry is condemned it shall,after entry of the judgment, be disposed of by destruction or sale as the courtmay direct and the proceeds, if sold, less the court costs and fees, andstorage and other proper expenses, shall be paid into the general fund of thisState, but the article or poultry shall not be sold contrary to the provisionsof this Article, or the Federal Poultry Products Inspection Act or the FederalFood, Drug, and Cosmetic Act: Provided, that upon the execution and delivery ofa good and sufficient bond conditioned that the article or poultry shall not besold or  otherwise disposed of contrary to the provisions of this Article orthe laws of the United States, the court may direct that such article orpoultry be delivered to the owner thereof subject to such supervision byauthorized representatives of the Commissioner as is necessary to insurecompliance with the applicable laws. When an order of condemnation is enteredagainst the article or poultry and it is released under bond, or destroyed, courtcosts and fees, and storage and other proper expenses shall be awarded againstthe person, if any, intervening as claimant of the article or poultry. Theproceedings in such cases shall conform, as nearly as may be, to civil actionsand either party may demand trial by jury of any issue of fact joined in anycase, and all such proceedings shall be at the suit of and in the name of theState.

(b)        The provisions of this section shall in no way derogatefrom  authority for condemnation or seizure conferred by other provisions ofthis Article, or other laws. (1971, c. 677, s. 19.)