Okla. Admin. Code § 35:37-9-59

Current through Vol. 42, No. 8, January 2, 2025

Section 35:37-9-59 - Detention; seizure and condemnation

(a)Product or rabbit subject to administrative detention. Any carcass, part of a carcass, meat or meat food product of rabbit is subject to detention for a period not to exceed 20 days when found by any authorized representative of the Board upon any premises where it is held for purposes of or during or after distribution of intrastate commerce, and there is reason to believe that:

(1) Any article is adulterated or misbranded and is capable of use as human food; or

(2) Any article has not been inspected, in violation of the rabbit and rabbit products inspection Act or the Federal Food, Drug, and Cosmetic Act; or

(3) Any article or rabbit has been or is intended to be distributed in violation of any provisions.

(b)Method of detention; form, or detention tag. An authorized representative of the Board shall detain any article or rabbit to be detained under this part, by affixing an official "Oklahoma Retained Tag" to the article or rabbit.

(c)Notification of detention to the owner of the article or rabbit detained, or the owner's agent, or person having custody.

(1) An authorized agent of the Board shall give oral notification of detention to the immediate custodian of the article or rabbit being detained.

(2) An authorized agent of the Board shall furnish, as soon as possible, a copy of a completed "Notice of Detention" to the immediate custodian of the detained article or rabbit.

(3) If the owner of the detained article or rabbit, or the owner's agent is not the immediate custodian at the time of detention and if the owner, or owner's agent, can be ascertained and notified, an authorized agent of the Board shall furnish, as soon as possible, a copy of the completed "Notice of Detention" to the owner, or the owner's agent.

(4) The "Notice of Detention" shall be delivered by personal service or certified mail to the owner or owner's agent at the last known residence or principal place of business.

(d)Notification of governmental authorities having jurisdiction over article or rabbit detained; form or written notification. Within 48 hours after the detention of any rabbit or article pursuant to this part an authorized representative of the Board shall give oral or written notification of the detention to any State authorities not connected with the Division, and any State or other governmental authorities, having jurisdiction over rabbit or article. In the event notification is given orally, it shall be confirmed in writing, as promptly as circumstances permit.

(e)Movement of article or rabbit detained; removal of official marks. No article or rabbit detained in accordance with the provisions in this part shall be moved by any person from the place at which it is located when detained, until released by an authorized representative of the Board: Provided, that any article or rabbit may be moved from the place at which it is located so detained, for refrigeration, freezing, or storage purposes if the movement has been approved by an authorized representative of the Board: And provided further, that the article or rabbit moved will be detained by an authorized representative of the Board after the movement until the detention is terminated. When the detention of the article or rabbit is terminated, the owner, or the owner's agent or the carrier or other person in possession of the article or rabbit who was notified when the article or rabbit was detained, will receive notification of the termination. The notification "Notice of Termination of Detention" shall be served by either delivering the notice to the person, or by certified mail to the person's last known residence or principal office or place of business. All official marks may be required by the representative to be removed from the article or rabbit before it is released unless it appears to the satisfaction of the representative that the article or rabbit is eligible to retain the marks.

(f)Articles or rabbit subject to judicial seizure and condemnation. Any carcass, part of a carcass, meat or meat food product, or any dead, dying, disabled, or diseased rabbit, that is being transported in commerce or is subject to the Act, or is held for sale in the State after transportation, is subject to seizure and condemnation, in a judicial proceeding under the Act if the article or rabbit:

(1) Is or has been prepared, sold, transported, or distributed or offered or received for distribution in violation of the Act, or

(2) Is capable of use as human food and is adulterated or misbranded, or

(3) In any other way is in violation of the Act.

(g)Procedure for seizure, condemnation, and disposition. Any article or rabbit 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 district court, or other proper court specified in the Act, within the jurisdiction of which the article or rabbit is found.

(h)Authority for condemnation or seizure under other provisions of law. The provisions of this part relating to seizure, condemnation and disposition of articles or rabbit do not derogate from authority for condemnation or seizure conferred by other provisions of the Act, or other laws.

Okla. Admin. Code § 35:37-9-59

Added at 21 Ok Reg 1181, eff 5-27-04