25-2711. "STOP SALE, USE, OR REMOVAL" ORDERS. (1) In the event the department finds that commercial feed is being offered for sale in violation of this chapter or rules promulgated under this chapter, the department may issue and enforce a written or printed "stop sale, use, or removal" order to the distributor, owner or custodian of the commercial feed and hold the commercial feed, or order it held, at a designated place until the law has been complied with and the commercial feed is released in writing by the department, or the violation has been otherwise legally disposed of by written authority. Unless the department grants a written extension, the owner or custodian of any commercial feed that has been issued a "stop sale, use, or removal" order shall remedy the violation within thirty (30) days. The department shall release the commercial feed so withdrawn when the requirements of this chapter have been complied with and all costs and expenses incurred in connection with the withdrawal have been paid.
(2) Any lot of commercial feed not in compliance with the provisions of this chapter, or rules promulgated under this chapter, shall be subject to seizure on complaint of the director to a court of competent jurisdiction in the area in which said commercial feed is located. In the event the court finds the said commercial feed to be in violation of the provisions of this chapter and orders the condemnation of said commercial feed, it shall be disposed of in any manner consistent with the quality of the commercial feed and the laws of the state: provided, that in no instance shall the disposition of said commercial feed be ordered by the court without first giving the claimant an opportunity to apply to the court for release of said commercial feed or for permission to process or relabel said commercial feed to bring it into compliance with the provisions of this chapter.
History:
[(25-2711) 25-2725, added 1953, ch. 243, sec. 11, p. 366; am. 1974, ch. 18, sec. 165, p. 364; am. 1993, ch. 12, sec. 8, p. 47; am. and redesig. 2006, ch. 57, sec. 11, p. 178.]
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