Rule 40-10-1-.24 - Seizure and Condemnation, Criminal Offenses(1) Article or livestock subject to administrative detention. Any carcass, part of a carcass, meat or meat food product of livestock or article exempted from the definition of meat food product, or any dead, dying, disabled, or diseased livestock is subject to detention for a period not to exceed 20 days when found by any authorized representative of the Commissioner upon any premises where it is held for the purposes of, or during or after distribution in, commerce or it is otherwise subject to the provisions of the Act, and there is reason to believe that: (a) Any such article is adulterated or misbranded, and is capable of use as human food; or(b) Any such article has not been inspected, in violation of the provisions of the Act, any other Federal law, or the laws of any State or Territory, or the District of Columbia; or(c) Any such article or livestock has been or is intended to be, distributed in violation of the provisions of the Act, any other Federal law, or the laws of any State or Territory, or the District of Columbia.(2) Method of detention; form of detention tag. An authorized representative of the Commissioner shall detain any article or livestock subject to detention under this part, by affixing an official "Georgia Detained Tag" to such article or livestock.(3) Notification of detention to the owner of the article or livestock detained or has agent or person in possession thereof. Within 48 hours after the detention of any article or livestock pursuant to this part, an authorized representative of the Commissioner or other employee of the State of Georgia shall give oral or written notification of such detention to the owner of the article or livestock detained, or if such owner cannot be ascertained and notified within such period of time, to his agent or the carrier or other person in possession of the article or livestock detained. The notification, if in writing, shall be served by either delivering the notification to such owner, or his agent, or to such other person, or by certifying and mailing the notification, addressed to such owner, agent, or other person, at his last known residence or principal office or place of business. In the event that notification is given orally, it shall be confirmed in writing, as promptly as circumstances permit.(4) Notification of governmental authorities having jurisdiction over article or livestock detained; form of written notification. Within 48 hours after the detention of any livestock or article pursuant to this part, an authorized representative of the Commissioner shall give oral or written notification of such detention to any Federal authorities not connected with the Program, and any State or other governmental authorities, having jurisdiction over such livestock or article. In the event notification is given orally, it shall be confirmed in writing, as promptly as circumstances permit.(5) Movement of article or livestock detained; removal of official marks. No article or livestock detained in accordance with the provisions in this part shall be moved by any person from the place at which it is located when so detained, until released by an authorized representative of the Commissioner. Provided, that any such article or livestock may be moved from the place at which it is located when so detained, for refrigeration, freezing, or storage purposes if such movement has been approved by an authorized representative of the Commissioner. And provided further, that the article or livestock so moved will be detained by an authorized representative of the Commissioner after such movement until such time as the detention is terminated. When the detention of such article or livestock is terminated, the owner, or his agent or the carrier or other person in possession of the article or livestock who was notified when the article or livestock was detained, will receive notification of the termination. Such notification shall be served by either delivering the notice to such person, or by certifying and mailing the notification, addressed to such at his last known residence or principal office or place of business. All official marks may be required by such representative to be removed from such article or livestock before it is released unless it appears to the satisfaction of the representative that the article or livestock is eligible to retain such marks.(6) Articles or livestock subject to judicial seizure and condemnation. Any carcass, part of carcass, meat or meat food product or any dead, dying, disabled, or diseased livestock, that is being transported in commerce or is otherwise subject to the Act, or is held for sale in the United States after such transportation, is subject to seizure and condemnation, in a judicial proceeding if such product or livestock: (a) Is or has been prepared, sold, transported, or otherwise distributed or offered or received for distribution in violation of the Act; or(b) Is capable of use as human food and is adulterated or misbranded; or(c) In any other way is in violation of the Act.(7) Procedure for seizure, condemnation, and disposition. Any article or livestock subject to seizure and condemnation under this part shall be liable to be proceeded against and seized and condemned, and disposed of, at any time, on an appropriate pleading in any proper court within the jurisdiction of which the article or livestock is found.(8) Authority for condemnation or seizure under other provisions of the law. The provisions of this part relating to seizure, condemnation and disposition of articles or livestock do not derogate from authority for condemnation or seizure conferred by other provisions of the Act, or other laws.Ga. Comp. R. & Regs. R. 40-10-1-.24
O.C.G.A. Secs. 26-2-60, 26-2-80.
Original Rule entitled "Antemortem Inspection" adopted. F. and eff. June 30, 1965.Amended: ER. 40-10-1-0.3-.24 reserved rule. F. and eff. August 24, 1970, the date of adoption.Amended: Permanent Rule adopted. Rule reserved. F. Dec. 17, 1970; eff. Jan. 6, 1971.Amended: New Rule entitled "Seizure and Condemnation, Criminal Offenses" adopted. F. July 21, 1997; eff. August 11, 1997.Repealed: New Rule of same title adopted. F. Jan. 15, 2004; eff. Feb. 4, 2004.Repealed: New Rule of same title adopted. F. Dec. 17, 2008; eff. Jan. 6, 2009.