21 U.S. Code § 673 - Seizure and condemnation

(a) Proceedings in rem; libel of information; jurisdiction; disposal by destruction or sale; proceeds into the Treasury; sales restrictions; bond; court costs and fees, storage, and other expenses against claimants; proceedings in admiralty; jury trial; United States as plaintiff
(1) 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 commerce or otherwise subject to subchapter I or II of this chapter, or is held for sale in the United States after such transportation, and that
(A) is or has been prepared, 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 674 of this title within the jurisdiction of which the article or animal is found.
(2) If the article or animal 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 animal 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 animal 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 animal 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 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.
(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) has been inspected under this chapter and found to be wholesome and not to be adulterated within the meaning of paragraphs (1) through (7) and (9) of section 601 (m) 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
(ii) 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) and (9) of section 601 (m) 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) and (9) of section 601 (m) 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.
(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.

Source

(Mar. 4, 1907, ch. 2907, title IV, § 403, as added Pub. L. 90–201, § 16,Dec. 15, 1967, 81 Stat. 598; amended Pub. L. 101–205, § 1,Dec. 7, 1989, 103 Stat. 1829.)
Amendments

1989—Subsec. (a). Pub. L. 101–205designated 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) to 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).

The table below lists the classification updates, since Jan. 3, 2012, for this section. Updates to a broader range of sections may be found at the update page for containing chapter, title, etc.

The most recent Classification Table update that we have noticed was Tuesday, August 13, 2013

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21 USCDescription of ChangeSession YearPublic LawStatutes at Large

This is a list of parts within the Code of Federal Regulations for which this US Code section provides rulemaking authority.

This list is taken from the Parallel Table of Authorities and Rules provided by GPO [Government Printing Office].

It is not guaranteed to be accurate or up-to-date, though we do refresh the database weekly. More limitations on accuracy are described at the GPO site.


9 CFR - Animals and Animal Products

9 CFR Part 300 - AGENCY MISSION AND ORGANIZATION

9 CFR Part 301 - TERMINOLOGY; ADULTERATION AND MISBRANDING STANDARDS

9 CFR Part 302 - APPLICATION OF INSPECTION AND OTHER REQUIREMENTS

9 CFR Part 303 - EXEMPTIONS

9 CFR Part 304 - APPLICATION FOR INSPECTION; GRANT OF INSPECTION

9 CFR Part 305 - OFFICIAL NUMBERS; INAUGURATION OF INSPECTION; WITHDRAWAL OF INSPECTION; REPORTS OF VIOLATION

9 CFR Part 306 - ASSIGNMENT AND AUTHORITIES OF PROGRAM EMPLOYEES

9 CFR Part 307 - FACILITIES FOR INSPECTION

9 CFR Part 309 - ANTE-MORTEM INSPECTION

9 CFR Part 310 - POST-MORTEM INSPECTION

9 CFR Part 311 - DISPOSAL OF DISEASED OR OTHERWISE ADULTERATED CARCASSES AND PARTS

9 CFR Part 312 - OFFICIAL MARKS, DEVICES AND CERTIFICATES

9 CFR Part 313 - HUMANE SLAUGHTER OF LIVESTOCK

9 CFR Part 314 - HANDLING AND DISPOSAL OF CONDEMNED OR OTHER INEDIBLE PRODUCTS AT OFFICIAL ESTABLISHMENTS

9 CFR Part 315 - RENDERING OR OTHER DISPOSAL OF CARCASSES AND PARTS PASSED FOR COOKING

9 CFR Part 316 - MARKING PRODUCTS AND THEIR CONTAINERS

9 CFR Part 317 - LABELING, MARKING DEVICES, AND CONTAINERS

9 CFR Part 318 - ENTRY INTO OFFICIAL ESTABLISHMENTS; REINSPECTION AND PREPARATION OF PRODUCTS

9 CFR Part 319 - DEFINITIONS AND STANDARDS OF IDENTITY OR COMPOSITION

9 CFR Part 320 - RECORDS, REGISTRATION, AND REPORTS

9 CFR Part 321 - COOPERATION WITH STATES AND TERRITORIES

9 CFR Part 322 - EXPORTS 1

9 CFR Part 325 - TRANSPORTATION

9 CFR Part 327 - IMPORTED PRODUCTS

9 CFR Part 329 - DETENTION; SEIZURE AND CONDEMNATION; CRIMINAL OFFENSES

9 CFR Part 331 - SPECIAL PROVISIONS FOR DESIGNATED STATES AND TERRITORIES; AND FOR DESIGNATION OF ESTABLISHMENTS WHICH ENDANGER PUBLIC HEALTH AND FOR SUCH DESIGNATED ESTABLISHMENTS

9 CFR Part 332 - SELECTED ESTABLISHMENTS; COOPERATIVE PROGRAM FOR INTERSTATE SHIPMENT OF CARCASSES, PARTS OF CARCASSES, MEAT, AND MEAT FOOD PRODUCTS

9 CFR Part 335 - RULES OF PRACTICE GOVERNING PROCEEDINGS UNDER THE FEDERAL MEAT INSPECTION ACT

9 CFR Part 390 - FREEDOM OF INFORMATION AND PUBLIC INFORMATION

9 CFR Part 391 - FEES AND CHARGES FOR INSPECTION SERVICES AND LABORATORY ACCREDITATION

9 CFR Part 416 - SANITATION

9 CFR Part 417 - HAZARD ANALYSIS AND CRITICAL CONTROL POINT (HACCP) SYSTEMS

9 CFR Part 418 - RECALLS

9 CFR Part 424 - PREPARATION AND PROCESSING OPERATIONS

9 CFR Part 439 - ACCREDITATION OF NON-FEDERAL CHEMISTRY LABORATORIES

9 CFR Part 441 - CONSUMER PROTECTION STANDARDS: RAW PRODUCTS

9 CFR Part 442 - QUANTITY OF CONTENTS LABELING AND PROCEDURES AND REQUIREMENTS FOR ACCURATE WEIGHTS

9 CFR Part 500 - RULES OF PRACTICE

 

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