3.2-4813 - Detained commercial feeds. - Virginia Statutes

§ 3.2-4813. Detained commercial feeds.

A. The Commissioner may issue and enforce a written or printed stop sale,use, removal, or seizure order to the owner or custodian of any lot ofcommercial feed distributed in violation of this chapter. The Commissionershall release for distribution the commercial feed held under a stop sale,use, removal, or seizure order when the requirements of this chapter havebeen satisfied. If the Commissioner determines that the commercial feedcannot be brought into compliance with this chapter, the Commissioner shallrelease the commercial feed to be: (i) remanufactured, if possible; (ii)returned to the manufacturer; or (iii) destroyed.

B. The Commissioner may seize any lot of commercial feed not in compliancewith this chapter. The Commissioner may make application for seizure to anappropriate court in the city or county where the commercial feed is located.In the event that the court finds the said commercial feed to be in violationof this chapter, and orders the condemnation of said commercial feed, theowner of the commercial feed shall dispose of the seized commercial feed inany manner that, in the opinion of the Commissioner, is consistent with thequality of the commercial feed, and that complies with the laws of theCommonwealth. In no instance shall the court order the disposition of saidcommercial feed without first giving the claimant an opportunity to apply tothe court for release of said commercial feed, or for permission to processor relabel said commercial feed, to bring it into compliance with thischapter.

(1994, c. 743, § 3.1-828.14; 2008, c. 860.)