§ 15-17-5-21 — Procedures for seizure and condemnation of article or animal

(a) A livestock product, a poultry product,
or dead, dying, disabled, or diseased livestock or poultry:
(1) that is:
(A) being transported in commerce;
(B) subject to this chapter; or
(C) held for sale in Indiana after transportation in commerce;
and
(2) that:
(A) is or has been prepared, sold, transported, or distributed or
offered or received for distribution in violation of this chapter;
(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;
may be seized and condemned, at any time, on furnishing evidence of
a violation of this chapter in any proper court as provided in section 28
of this chapter within whose jurisdiction the article or animal is found.
(b) After entry of a decree condemning an article or animal, the
article or animal must be disposed of by destruction or sale, as the court
directs.
(c) If the article or animal is sold, the proceeds from the sale, less:
(1) court costs and fees; and
(2) storage and other proper expenses;
must be paid into the state treasury.
(d) The article or animal may not be sold contrary to any of the
following:
(1) This chapter.
(2) The federal Meat Inspection Act (21 U.S.C. 601 et seq.).
(3) The federal Poultry Products Inspection Act (21 U.S.C. 451 et
seq.).
(4) The federal Food, Drug, and Cosmetic Act (21 U.S.C. 301 et
seq.).
However, upon the execution and delivery of a sufficient agreement
conditioned that the article or animal will not be sold or disposed of
contrary to this chapter, the article or animal may be delivered to the
owner of the article or animal subject to supervision by authorized
representatives of the board necessary to ensure compliance with the
applicable laws.
(e) When a decree of condemnation is entered against the article or
animal and the article or animal is released under the agreement or
destroyed, court costs, fees, storage, and other proper expenses must be
awarded against the person, if any, intervening as claimant of the
article or animal.
(f) The proceedings in cases for condemnation of an article or
animal must conform, as much as possible, 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 of the proceedings must be at the
suit of and in the name of the state of Indiana.
(g) This section does not derogate from authority for condemnation
or seizure conferred by this chapter or other laws.
[Pre-2008 Recodification Citation: 15-2.1-24-23.]

Legislative History

As added by P.L.2-2008, SEC.8.