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§ 4-125. Seizure and condemnation

West's Annotated Code of MarylandAgriculture

West's Annotated Code of Maryland
Agriculture
Title 4. Regulation of Livestock, Poultry Products, and Eggs
Subtitle 1. Maryland Wholesome Meat Act
MD Code, Agriculture, § 4-125
§ 4-125. Seizure and condemnation
Scope
(a) Any livestock carcass, part of it, or meat food product of any dead, dying, disabled, or diseased livestock that is transported in intrastate commerce, or is held for sale or donation in the State after transportation, and that (1) is or has been prepared, sold, transported, or distributed, or offered or received for distribution, in violation of this subtitle, or (2) is capable of use as human food and is adulterated or misbranded, or (3) in any other way violates this subtitle, shall be liable to be proceeded against and seized and condemned on a libel of information in the circuit court of any county within whose jurisdiction the article is found.
Destruction or sale
(b) Upon condemnation and entry of the decree, the article shall be destroyed or sold as the court directs and, if sold, the proceeds, less the court costs, fees, storage, and other proper expenses, shall be paid into the State Treasury. The article may not be sold contrary to the provisions of this subtitle or federal law.
Delivery to owner
(c) Upon execution and delivery of a good and sufficient bond conditioned that the article may not be sold or otherwise disposed of contrary to this subtitle or federal law, the court may direct that the article be delivered to the owner subject to the supervision of the Secretary to insure compliance with this subtitle.
Fees and expenses
(d) When a decree of condemnation is entered against the article and it is released under bond or destroyed, court cost, fees, storage and other proper expenses shall be awarded against the person intervening as claimant of the article.
Proceedings
(e) The proceedings in libel cases shall conform to proceedings in admiralty to the extent possible. However, either party may demand a jury trial of any issue of fact joined in any case. All proceedings shall be at the suit of or in the name of the State.
Construction
(f) This section does not derogate from authority for condemnation or seizure conferred by other provisions of this subtitle or other laws.

Credits

Added by Acts 1973, 1st Sp. Sess., c. 6, § 1. Amended by Acts 1988, c. 6, § 1.
Formerly Art. 43, § 197-20; Art. 66C, § 470T.
MD Code, Agriculture, § 4-125, MD AGRIC § 4-125
Current through legislation effective through April 25, 2024, from the 2024 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
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