LD 2687, Page 25 - 119th Legislature, SECOND REGULAR Session

offered or received for distribution in violation of this chapter

or the rules adopted under this chapter; is adulterated or

misbranded and is useable as human food; or in any other way is in

violation of this chapter is liable to be proceeded against and

seized and condemned, at any time, on a complaint in Superior Court

as provided in section 2527.__If the product or animal is condemned

it must, 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, must be

paid into the State Treasury.__The product or animal may not be

sold contrary to the provisions of this chapter, the federal acts

or the Federal Food, Drug, and Cosmetic Act.__Upon the execution

and delivery of a good and sufficient bond guaranteeing that the__

product or animal will not be sold or otherwise disposed of

contrary to the provisions of this chapter or the laws of the

United States, the court may direct that the product or animal be

delivered to the owner, subject to supervision by authorized

representatives of the commissioner to ensure compliance with the

applicable laws.__If a decree of condemnation is entered against

the product or animal and it is released under bond or destroyed,

court costs and fees and storage and other proper expenses must be

awarded against the person, if any, intervening as claimant of the

product or animal.

2.__Unimpaired authority.__This section does not impair the
authority for condemnation or seizure conferred by other
provisions of this chapter or other laws.

§2527.__Appeal and jurisdiction

1.__Appeal.__An order issued under section 2512, subsection 1,
paragraph C; section 2512, subsection 2, paragraph A, B or C;
section 2514, subsection 6; or a decision issued by the
commissioner under section 2514, subsection 6 is final unless
appealed to Superior Court within 15 days after service. An
appeal of any other order or decision of the commissioner may be
taken pursuant to Title 5, chapter 375.__Review of any order and
the determinations upon which it is based must be in the record
in the administrative proceeding in which the order was issued.

2.__Jurisdiction.__The Superior Court has legal and equitable
jurisdiction to enforce, prevent and restrain violations of this
chapter and has legal and equitable jurisdiction in all other
cases arising under this chapter.__The Superior Court and
District Court are granted jurisdiction to handle criminal
matters arising under this chapter and rules.

Sec. 2. Appropriation. The following funds are appropriated from the
General Fund to carry out the purposes of this Act.

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