
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 21USC1049]

 
                        TITLE 21--FOOD AND DRUGS
 
                   CHAPTER 15--EGG PRODUCTS INSPECTION
 
Sec. 1049. Seizure and condemnation proceedings


(a) Jurisdiction; disposal of condemned articles; court costs and fees; 
        conformity to supplemental rules for admiralty and maritime 
        claims; jury trial; United States as plaintiff

    Any eggs or egg products that are or have been processed, bought, 
sold, possessed, used, transported, or offered or received for sale or 
transportation, in violation of this chapter, or in any other way are in 
violation of this chapter; and any restricted eggs, capable of use as 
human food, in the possession of any person not authorized to acquire 
such eggs under the regulations of the Secretary shall be liable to be 
proceeded against and seized and condemned, at any time, on a complaint 
in any United States district court or other proper court as provided in 
section 1050 of this title within the jurisdiction of which the articles 
are found. If the articles are condemned they shall, after entry of the 
decree, be disposed of by destruction or sale as the court may direct 
and the proceeds, if sold, less the court costs and fees, and storage 
and other proper expenses, shall be paid into the Treasury of the United 
States, but the articles shall not be sold contrary to the provision of 
this chapter, the Federal Food, Drug, and Cosmetic Act [21 U.S.C. 301 et 
seq.] or the Fair Packaging and Labeling Act [15 U.S.C. 1451 et seq.], 
or the laws of the jurisdiction in which they are sold: Provided, That 
upon the execution and delivery of a good and sufficient bond 
conditioned that the articles shall not be sold or otherwise disposed of 
contrary to the provisions of this chapter, the Federal Food, Drug, and 
Cosmetic Act, the Fair Packaging and Labeling Act, or the laws of the 
jurisdiction in which disposal is made, the court may direct that they 
be delivered to the owner thereof subject to such supervision by 
authorized representatives of the Secretary as is necessary to insure 
compliance with the applicable laws. When a decree of condemnation is 
entered against the articles and they are 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 
thereof. The proceedings in such cases shall conform, as nearly as may 
be, to the supplemental rules for certain admiralty and maritime claims, 
except that either party may demand trial by jury of any issue of fact 
joined in any case, and all such proceedings shall be at the suit of and 
in the name of the United States.

(b) Condemnation or seizure under other provisions unaffected

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

(Pub. L. 91-597, Sec. 20, Dec. 29, 1970, 84 Stat. 1631.)

                       References in Text

    The Federal Food, Drug, and Cosmetic Act, referred to in subsec. 
(a), is act June 25, 1938, ch. 675, 52 Stat. 1040, as amended, which is 
classified generally to chapter 9 (Sec. 301 et seq.) of this title. For 
complete classification of this Act to the Code, see section 301 of this 
title and Tables.
    The Fair Packaging and Labeling Act, referred to in subsec. (a), is 
Pub. L. 89-755, Nov. 3, 1966, 80 Stat. 1296, as amended, which is 
classified generally to chapter 39 (Sec. 1451 et seq.) of Title 15, 
Commerce and Trade. For complete classification of this Act to the Code, 
see Short Title note set out under section 1451 of Title 15 and Tables.

                  Section Referred to in Other Sections

    This section is referred to in section 1048 of this title.
