
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: 21USC467b]

 
                        TITLE 21--FOOD AND DRUGS
 
           CHAPTER 10--POULTRY AND POULTRY PRODUCTS INSPECTION
 
Sec. 467b. Seizure and condemnation


(a) Proceedings in rem; libel of information; jurisdiction; disposal by 
        destruction or sale; proceeds into the Treasury; sales 
        restrictions; bonds; court costs and fees, storage, and other 
        expenses against claimants; jury trial; United States as 
        plaintiff

    (1) Any poultry product, or any dead, dying, disabled, or diseased 
poultry, that is being transported in commerce or otherwise subject to 
this chapter, or is held for sale in the United States after such 
transportation, and that (A) is or has been processed, sold, 
transported, or otherwise distributed or offered or received for 
distribution in violation of this chapter, or (B) is capable of use as 
human food and is adulterated or misbranded, or (C) in any other way is 
in violation of this chapter, shall be liable to be proceeded against 
and seized and condemned, at any time, on a libel of information in any 
United States district court or other proper court as provided in 
section 467c of this title within the jurisdiction of which the article 
or poultry is found.
    (2) If the article or poultry is condemned it shall, after entry of 
the decree, (A) be distributed in accordance with paragraph (5), or (B) 
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 article or poultry shall not be sold contrary to the provisions 
of this chapter, or the laws of the jurisdiction in which it is sold: 
Provided, That upon the execution and delivery of a good and sufficient 
bond conditioned that the article or poultry shall not be sold or 
otherwise disposed of contrary to the provisions of this chapter, or the 
laws of the jurisdiction in which disposal is made, the court may direct 
that such article or poultry 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.
    (3) When a decree of condemnation is entered against the article or 
poultry 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 the article or poultry.
    (4) The proceedings in such libel cases shall conform, as nearly as 
may be, to the proceedings in admiralty, 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.
    (5)(A) An article that is condemned under paragraph (1) may as the 
court may direct, after entry of the decree, be distributed without 
charge to nonprofit, private entities or to Federal, State, or local 
government entities engaged in the distribution of food without charge 
to individuals, if such article--
        (i) is capable of use as a human food;
        (ii) has been inspected under this chapter and found to be 
    wholesome and not to be adulterated within the meaning of paragraphs 
    (1) through (7) of section 453(g) of this title and a determination 
    is made at the time of the entry of the decree that such article is 
    wholesome and not so adulterated; and
        (iii) is plainly marked ``Not for Sale'' on such article or its 
    container.

    (B) The United States may not be held legally responsible for any 
article that is distributed under subparagraph (A) to a nonprofit, 
private entity or to a Federal, State, or local government entity, if 
such article--
        (i) was found after inspection under this chapter to be 
    wholesome and not adulterated within the meaning of paragraphs (1) 
    through (7) of section 453(g) of this title and a determination was 
    made at the time of the entry of the decree that such article was 
    wholesome and not so adulterated; and
        (ii) was plainly marked ``Not for Sale'' on such article or its 
    container.

    (C) The person from whom such article was seized and condemned may 
not be held legally responsible for such article, if such article--
        (i) was found after inspection under this chapter to be 
    wholesome and not adulterated within the meaning of paragraphs (1) 
    through (7) of section 453(g) of this title and a determination was 
    made at the time of entry of the decree that such article was 
    wholesome and not so adulterated; and
        (ii) was plainly marked ``Not for Sale'' on such article or its 
    container.

(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. 85-172, Sec. 20, as added Pub. L. 90-492, Sec. 17, Aug. 18, 
1968, 82 Stat. 806; amended Pub. L. 101-205, Sec. 2, Dec. 7, 1989, 103 
Stat. 1830.)


                               Amendments

    1989--Subsec. (a). Pub. L. 101-205 designated first sentence as par. 
(1) and redesignated cls. (1) to (3) as cls. (A) to (C), respectively, 
designated second sentence as par. (2) and inserted ``(A) be distributed 
in accordance with paragraph (5), or (B)'' after ``entry of the 
decree,'', designated third and fourth sentences as pars. (3) and (4), 
respectively, and added par. (5).

                  Section Referred to in Other Sections

    This section is referred to in sections 454, 467a of this title.
