Ga. Comp. R. & Regs. R. 40-10-1-.24 - Seizure and Condemnation, Criminal Offenses
(1) Article or livestock subject to
administrative detention. Any carcass, part of a carcass, meat or meat food
product of livestock or article exempted from the definition of meat food
product, or any dead, dying, disabled, or diseased livestock is subject to
detention for a period not to exceed 20 days when found by any authorized
representative of the Commissioner upon any premises where it is held for the
purposes of, or during or after distribution in, commerce or it is otherwise
subject to the provisions of the Act, and there is reason to believe that:
(a) Any such article is adulterated or
misbranded, and is capable of use as human food; or
(b) Any such article has not been inspected,
in violation of the provisions of the Act, any other Federal law, or the laws
of any State or Territory, or the District of Columbia; or
(c) Any such article or livestock has been or
is intended to be, distributed in violation of the provisions of the Act, any
other Federal law, or the laws of any State or Territory, or the District of
Columbia.
(2) Method of
detention; form of detention tag. An authorized representative of the
Commissioner shall detain any article or livestock subject to detention under
this part, by affixing an official "Georgia Detained Tag" to such article or
livestock.
(3) Notification of
detention to the owner of the article or livestock detained or has agent or
person in possession thereof. Within 48 hours after the detention of any
article or livestock pursuant to this part, an authorized representative of the
Commissioner or other employee of the State of Georgia shall give oral or
written notification of such detention to the owner of the article or livestock
detained, or if such owner cannot be ascertained and notified within such
period of time, to his agent or the carrier or other person in possession of
the article or livestock detained. The notification, if in writing, shall be
served by either delivering the notification to such owner, or his agent, or to
such other person, or by certifying and mailing the notification, addressed to
such owner, agent, or other person, at his last known residence or principal
office or place of business. In the event that notification is given orally, it
shall be confirmed in writing, as promptly as circumstances permit.
(4) Notification of governmental authorities
having jurisdiction over article or livestock detained; form of written
notification. Within 48 hours after the detention of any livestock or article
pursuant to this part, an authorized representative of the Commissioner shall
give oral or written notification of such detention to any Federal authorities
not connected with the Program, and any State or other governmental
authorities, having jurisdiction over such livestock or article. In the event
notification is given orally, it shall be confirmed in writing, as promptly as
circumstances permit.
(5) Movement
of article or livestock detained; removal of official marks. No article or
livestock detained in accordance with the provisions in this part shall be
moved by any person from the place at which it is located when so detained,
until released by an authorized representative of the Commissioner. Provided,
that any such article or livestock may be moved from the place at which it is
located when so detained, for refrigeration, freezing, or storage purposes if
such movement has been approved by an authorized representative of the
Commissioner. And provided further, that the article or livestock so moved will
be detained by an authorized representative of the Commissioner after such
movement until such time as the detention is terminated. When the detention of
such article or livestock is terminated, the owner, or his agent or the carrier
or other person in possession of the article or livestock who was notified when
the article or livestock was detained, will receive notification of the
termination. Such notification shall be served by either delivering the notice
to such person, or by certifying and mailing the notification, addressed to
such at his last known residence or principal office or place of business. All
official marks may be required by such representative to be removed from such
article or livestock before it is released unless it appears to the
satisfaction of the representative that the article or livestock is eligible to
retain such marks.
(6) Articles or
livestock subject to judicial seizure and condemnation. Any carcass, part of
carcass, meat or meat food product or any dead, dying, disabled, or diseased
livestock, that is being transported in commerce or is otherwise subject to the
Act, or is held for sale in the United States after such transportation, is
subject to seizure and condemnation, in a judicial proceeding if such product
or livestock:
(a) Is or has been prepared,
sold, transported, or otherwise distributed or offered or received for
distribution in violation of the Act; or
(b) Is capable of use as human food and is
adulterated or misbranded; or
(c)
In any other way is in violation of the Act.
(7) Procedure for seizure, condemnation, and
disposition. Any article or livestock subject to seizure and condemnation under
this part shall be liable to be proceeded against and seized and condemned, and
disposed of, at any time, on an appropriate pleading in any proper court within
the jurisdiction of which the article or livestock is found.
(8) Authority for condemnation or seizure
under other provisions of the law. The provisions of this part relating to
seizure, condemnation and disposition of articles or livestock do not derogate
from authority for condemnation or seizure conferred by other provisions of the
Act, or other laws.
Notes
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