[Code of Federal Regulations]
[Title 27, Volume 1]
[Revised as of April 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 27CFR72.26]

[Page 1086-1087]
 
            TITLE 27--ALCOHOL, TOBACCO PRODUCTS AND FIREARMS
 
 CHAPTER I--ALCOHOL AND TOBACCO TAX AND TRADE BUREAU, DEPARTMENT OF THE 
                                TREASURY
 
PART 72--DISPOSITION OF SEIZED PERSONAL PROPERTY--Table of Contents
 
                   Subpart C--Seizures and Forfeitures
 
Sec. 72.26  Bond for return of seized perishable goods.

    The proceedings to enforce forfeiture of perishable goods shall be 
in the nature of a proceeding in rem in the district court of the United 
States for the district wherein such seizure is made. Whenever such 
property is liable to perish or become greatly reduced in price or value 
by keeping, or when it cannot be kept without great expense, the 
Director or his delegate shall advise the owner, when known, of the 
seizure thereof. The owner may apply to the Director or his delegate to 
have the property examined any time prior to referral of the property to 
the U.S. Marshal for disposition, and if in the

[[Page 1087]]

opinion of the Director or his delegate it shall be necessary to sell 
such property to prevent waste or expense, the Director or his delegate 
shall cause the property to be appraised. Thereupon the owner shall have 
the property returned to him upon giving a corporate surety bond (see 
Sec. 72.24) in an amount equal to the appraised value of the property, 
which bond shall be conditioned to abide the final order, decree, or 
judgment of the court having cognizance of the case, and to pay the 
amount of the appraised value to the Director or his delegate, the U.S. 
Marshal, or otherwise, as may be ordered and directed by the court, 
which bond shall be filed by the Director or his delegate officer with 
the U.S. Attorney for the district in which the proceedings may be 
commenced. If the owner of such property neglects or refuses to give 
such bond within a reasonable time considering the condition of the 
property the Director or his delegate shall request the U.S. Marshal to 
proceed to sell the property at public sale as soon as practicable and 
to pay the proceeds of sale, less reasonable costs of the seizure and 
sale, to the court to abide its final order, decree, or judgment.

(68A Stat. 869, 870, as amended; 26 U.S.C. 7322, 7323, 7324)

[T.D. ATF-9, 39 FR 9954, Mar. 15, 1974, as amended by T.D. ATF-183, 49 
FR 37061, Sept. 21, 1984]