Section 38-19-39 - Seizure and condemnation of fertilizer in violation--Disposal--Release to claimant. - South Dakota Statutes

38-19-39. Seizure and condemnation of fertilizer in violation--Disposal--Release to claimant. Any lot of commercial fertilizer not in compliance with the provisions of this chapter shall be subject to seizure and condemnation on complaint of the secretary of agriculture to a court of competent jurisdiction in the area in which said commercial fertilizer is located. In the event the court finds the said commercial fertilizer to be in violation of this chapter and orders the condemnation of said commercial fertilizer it shall be disposed of in any manner consistent with the quality of the commercial fertilizer and the laws of this state; provided, that in no instance shall the disposition of said commercial fertilizer be ordered by the court without first giving the claimant an opportunity to apply to the court for the release of said commercial fertilizer or for permission to process or relabel said commercial fertilizer to bring it into compliance with this chapter.

Source: SL 1949, ch 85, § 15; SDC Supp 1960, § 22.1715; SL 1966, ch 66, § 6.