[Code of Federal Regulations]
[Title 9, Volume 1]
[Revised as of January 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 9CFR118.4]

[Page 793]
 
                  TITLE 9--ANIMALS AND ANIMAL PRODUCTS
 
  CHAPTER I--ANIMAL AND PLANT HEALTH INSPECTION SERVICE, DEPARTMENT OF 
                               AGRICULTURE
 
PART 118_DETENTION; SEIZURE AND CONDEMNATION--Table of Contents
 
Sec. 118.4  Seizure and condemnation.

    Any biological product which is prepared, sold, bartered, exchanged, 
or shipped in violation of the Act or regulations shall be liable to be 
proceeded against and seized and condemned, at any time, on a libel of 
information in any United States district court or other proper court 
within the jurisdiction of which the product is found. If the product is 
condemned, it shall, after entry of the decree, be disposed of by 
destruction or sale as the court may direct, and the proceeds, if sold, 
less the court costs and fees, and storage and other proper expenses, 
shall be paid into the Treasury of the United States, but the product 
shall not be sold contrary to the provisions of the Act or the laws of 
the jurisdiction in which it is sold; Provided, That, upon the execution 
and delivery of a good and sufficient bond conditioned that the product 
shall not be sold or otherwise disposed of contrary to the provisions of 
the Act or the laws or jurisdiction in which disposal is made, the court 
may direct that such product be delivered to the owner thereof subject 
to such supervision by authorized representatives of the Administrator 
as is necessary to ensure compliance with the applicable laws. When a 
decree of condemnation is entered against the product and it is released 
under bond, or destroyed, court costs and fees, and storage and other 
proper expenses shall be awarded against the person, if any, intervening 
as claimant of the product. The proceedings in such libel cases shall 
conform, as nearly as may be practicable, to the proceedings in 
admiralty, except that either party may demand trial by jury of any 
issue of fact joined in any case, and all such proceedings shall be at 
the suit of and in the name of the United States.

[52 FR 30135, Aug. 13, 1987, as amended at 56 FR 66784, Dec. 26, 1991]

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