§ 16-109. Condemnation of produce in violation of requirements
West's Annotated Code of MarylandAgricultureEffective: July 1, 2019
Effective: July 1, 2019
MD Code, Agriculture, § 16-109
§ 16-109. Condemnation of produce in violation of requirements
(a) If the Secretary finds that covered produce is in violation of the requirements of the Program, the Secretary may file a petition for condemnation of the covered produce in the circuit court of the county in which the covered produce was found.
(b) If a circuit court issues an order for condemnation of covered produce based on a finding that the produce is adulterated and unfit for human consumption, the finding shall be based on scientific fact, information, or criteria.
(c)(1) Subject to paragraphs (2) and (3) of this subsection, if a circuit court issues an order for condemnation of covered produce under this section, the covered produce shall be disposed of in the manner the court orders.
(3) On execution and delivery of a good and sufficient bond prohibiting the sale or any other disposal of the covered produce that would violate the requirements of the Program, the circuit court may order that the covered produce be delivered to the owner of the covered produce, subject to the supervision of the Secretary.
(d) If the circuit court orders covered produce to be condemned, after the covered produce is released under bond or destroyed, the person intervening as a claimant of the covered produce is responsible for expenses associated with the condemnation procedure, including court costs, fees, and storage costs.
(e)(1) All proceedings held under this section shall be at the suit of and in the name of the State.
Credits
Added by Acts 2019, c. 131, § 1, eff. July 1, 2019.
MD Code, Agriculture, § 16-109, MD AGRIC § 16-109
Current through legislation effective through May 9, 2024, from the 2024 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
End of Document |