54-1912. Product found adulterated or misbranded; seizure; destruction; procedure.

Any livestock product or poultry product or any dead, dying, disabled, or diseased livestock or poultry that is being transported in intrastate commerce or is otherwise subject to sections 54-1901 to 54-1915, or is held for sale in this state after such transportation, and that (1) is or has been prepared, sold, transported, or otherwise distributed or offered or received for distribution in violation of sections 54-1901 to 54-1915 or any rules or regulations duly promulgated thereunder, or (2) is capable of use as a human food and found to be adulterated or misbranded, or (3) in any other way is in violation of sections 54-1901 to 54-1915, shall be seized and embargoed.

Upon receiving written permission from the owner or claimant, all articles, animals, or poultry under seizure or embargo shall be destroyed at the expense of the owner or claimant. When permission for destruction cannot be obtained, the director shall petition a judge of the district court in whose jurisdiction the article, animal, or poultry is seized or embargoed for a condemnation of such article, animal, or poultry. If the court finds that the seized or embargoed article, animal, or poultry is adulterated or misbranded, it shall, after entry of the decree, be destroyed at the expense of the claimant or owner thereof, under the supervision of the director or an inspector, and all court costs and fees and storage and other proper expenses shall be taxed against the owner or claimant or his or her agent; Provided, that when the adulteration or misbranding can be corrected by proper labeling or further processing of the article of livestock or poultry, the court, after entry of the decree and after such costs, fees, and expenses have been paid and a good and sufficient bond has been executed, conditioned that such article of livestock or poultry shall be so labeled or further processed, may by order direct that such article of livestock or poultry be delivered to claimant thereof for labeling or further processing under the supervision of an inspector. The expense of such supervision may be assessed against the claimant. The article of livestock or poultry shall be returned to the claimant on the representation to the court by the director that it is no longer in violation of sections 54-1901 to 54-1915, the Nebraska Pure Food Act, or of any federal act or acts, and that the expenses of such supervision have been paid. In the case of mislabeled or misbranded articles of livestock or poultry which are abandoned by the owner and for which no claimant appears, the same may be sold by the director or his or her agent and the proceeds of the sale shall be paid to the State Treasurer to be placed in the General Fund. No article, poultry, or livestock shall be sold contrary to the provisions of sections 54-1901 to 54-1915, the Nebraska Pure Food Act, the Wholesome Meat Act, or the Wholesome Poultry Products Act.

The provisions of this section shall in no way derogate from authority for condemnation or seizure conferred by other provisions of sections 54-1901 to 54-1915, or other laws. The district courts of this state are vested with jurisdiction specifically to enforce, and to prevent and restrain violations of, sections 54-1901 to 54-1915 and shall have jurisdiction in all other kinds of cases arising under sections 54-1901 to 54-1915 except as otherwise provided for in sections 54-1901 to 54-1915.

Source

Cross References