39-4-21. Seizure and condemnation of adulterated or misbranded food--Release on bond--Jury trial. Any food product that is adulterated or misbranded within the meaning of this chapter, and is being transported from one point within this state to another point within this state or, having been so transported, remains unloaded, unsold, or in the original unbroken packages, and any such adulterated or misbranded product which is sold, kept for sale, or offered for sale in this state, shall be liable to be proceeded against by an action in the circuit court for the county where the same is found and seized for condemnation; and if such product be condemned as adulterated or misbranded or of a poisonous or deleterious character, within the meaning of this chapter, the same shall be disposed of by destruction or sale as the circuit court may direct, and the proceeds thereof, if sold, less the legal costs and charges shall be paid into the state treasury for the use of the public schools; provided that upon the payment of the costs and charges of such action for condemnation and the execution and delivery of a good and sufficient bond to the effect that such product shall not be sold or otherwise disposed of contrary to the laws of this state or the United States, or any state, territory, district, or insular possession of the United States, the court may direct that such product be delivered to the owner thereof. In any such action for condemnation either party may demand a trial by jury of any issue of fact joined in any such case, and all such actions shall be brought in the name of the State of South Dakota.

Source: SL 1909, ch 163, § 8; SL 1917, ch 242, § 8; RC 1919, § 7811; SDC 1939, § 22.0405.