Whenever any livestock or poultry product or any product exempted from the definition of
a livestock or poultry product, or any dead, dying, disabled, or diseased livestock or poultry
is found by any authorized representative of the secretary upon any premises where it is
held for purposes of, or during or after distribution in, intrastate commerce or is otherwise
subject to this chapter, and there is reason to believe that any such article is adulterated
or misbranded and is capable of use as human food, or that it has not been inspected in
violation of the provisions of this chapter, the federal Meat Inspection Act, the federal Poultry
Products Inspection Act, or the Federal Food, Drug, and Cosmetic Act, or that such article or
animal has been or is intended to be distributed in violatio
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Whenever any livestock or poultry product or any product exempted from the definition of
a livestock or poultry product, or any dead, dying, disabled, or diseased livestock or poultry
is found by any authorized representative of the secretary upon any premises where it is
held for purposes of, or during or after distribution in, intrastate commerce or is otherwise
subject to this chapter, and there is reason to believe that any such article is adulterated
or misbranded and is capable of use as human food, or that it has not been inspected in
violation of the provisions of this chapter, the federal Meat Inspection Act, the federal Poultry
Products Inspection Act, or the Federal Food, Drug, and Cosmetic Act, or that such article or
animal has been or is intended to be distributed in violation of any such provisions, it may be
detained by such representative for a period not to exceed twenty days, pending action under
this section or notification of any federal authorities having jurisdiction over such article or
animal, and shall not be moved by any person from the place at which it is located when so
detained until released by such representative. All official marks may be required by such
representativetoberemovedfromsucharticleoranimalbeforeitisreleasedunlessitappears
to the satisfaction of the secretary that the article or animal is eligible to retain such marks.
1. Any livestock or poultry product, or any dead, dying, disabled, or diseased livestock
or poultry which is being transported in intrastate commerce, or is otherwise subject to this
chapter, or is held for sale in this state after such transportation, and which is or has been
prepared, sold, transported, or otherwise distributed or offered or received for distribution in
violationofthischapter; oriscapableofuseashumanfoodandisadulteratedormisbranded;
or is in any other way in violation of this chapter shall be liable to be proceeded against and
seized and condemned at any time on a complaint filed in the district court of the particular
county within the jurisdiction of which such article or animal is found. If such 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 any proceeds, less the court costs and fees, storage fees, and
other proper expenses, shall be paid into the treasury of this state, but the article or animal
shall not be sold contrary to the provisions of this chapter, the federal Meat Inspection Act,
the federal Poultry Products Inspection Act, or the Federal Food, Drug, and Cosmetic Act;
however, 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 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 secretary 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, storage fees, and other proper expenses shall be awarded
against any person intervening as claimant of the article or animal. The proceedings in such
cases shall be held without a jury, 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 this state.
2. Theprovisionsofthissectionshallinnowayderogatefromauthorityforcondemnation
or seizure conferred by other provisions of this chapter or other applicable laws.