§ 4.1-41-14 — Detained commercial feeds

1. If the agriculture commissioner has reasonable cause to believe a lot of commercial
feed is being distributed in violation of this chapter or any rules implementing this
chapter, the commissioner may issue a "withdrawal from distribution" order, prohibiting
the distributor from disposing of the lot until written permission is given by the
commissioner or by a court. The commissioner shall release the lot of commercial feed
when there has been compliance with this chapter and the rules implementing this
chapter. If compliance is not obtained within thirty days, the commissioner may begin,
or upon request of the distributor shall begin, proceedings for condemnation.
2. Any lot of commercial feed not in compliance with this chapter or rules implementing
this chapter is subject to seizure on complaint of the commissioner to a court of
competent jurisdiction. If the court finds the commercial feed to be in violation of this
chapter or rules implementing this chapter and orders the condemnation of the
commercial feed, it must be disposed of in any manner consistent with the quality of
the commercial feed and the laws of the state. A court may not order disposition of the
commercial feed without first giving the claimant an opportunity to apply for its release
or for permission to process or relabel the commercial feed to bring it into compliance
with this chapter and rules implementing this chapter.