§145-35 Proceeding for condemnation or destruction of covered produce. [See Note at part heading.] If unable to secure the written agreement to the condemnation or destruction as required by section 145-34(b)(1), the department shall make complaint before a district judge in whose circuit the covered produce was seized. The district judge shall issue a summons to the person from whom the covered produce was seized, directing the person to appear before the circuit court within twelve days from the date of issuing the summons and show cause as to why the covered produce should not be condemned or destroyed. If the person from whom the covered produce was seized cannot be found, then the summons shall be served upon the person then in possession of the covered produce. The summons shall be served at least six days before the time of appearance mentioned therein. If the person from whom the covered produce was seized cannot be found, and no one can be found in possession of the covered produce, and the defendant does not appear on the return day, then an appropriate court shall proceed in the case in the same manner as where a writ of attachment is returned not personally served upon any of the defendants and none of the defendants appears upon the return day. [L 2019, c 103, pt of §2]
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