SEIZURE OF CONTRABAND -- CONDEMNATION -- RELEASE AND DISPOSAL --
RIGHT TO JURY TRIAL. (a) Any carcass, part of a carcass, meat or meat food
product of cattle, sheep, swine, goats, horses, mules or other equines, or any
dead, dying, disabled, or diseased cattle, sheep, swine, goat, or equine, that
is being transported in intrastate commerce, or is held for sale in this state
after such transportation, and that (1) is or has been prepared, sold,
transported, or otherwise distributed or offered or received for distribution
in violation of this act, or (2) is capable of use as human food and is
adulterated or misbranded, or (3) in any other way is in violation of this
act, shall be liable to be proceeded against and seized and condemned, at any
time, as provided in section 37-1925, Idaho Code, in the district court within
the jurisdiction of which the article or animal is found. If the article or
animal is condemned it 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 this state, but the article or animals shall not be sold
contrary to the provisions of this act, or federal meat inspection laws or
federal food, drug, and cosmetic laws; provided, that upon the execution and
delivery of a good and sufficient bond conditioned that the article or animal
shall not be sold or otherwise disposed of contrary to the provisions of this
act, or the laws of the United States, the court may direct that such article
or animal be delivered to the owner thereof subject to such supervision by
authorized representatives of the director as is necessary to insure
compliance with the applicable laws. When a decree of condemnation is entered
against the article or animal 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 animal.
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 this
state.
(b) The provisions of this section shall in no way derogate from
authority for condemnation or seizure conferred by other provisions of this
act, or other laws. |
