P.R. Laws tit. 10, § 242d

2019-02-20 00:00:00+00
§ 242d. Enforcement

When any inspector of the Department of Agriculture of Puerto Rico shall find any lot or part of a lot of hen’s eggs in their shell in violation of the provisions of this chapter, he shall issue and sign against the entire lot a written detention order, copy of which shall be delivered to the owner and/or person in possession or custody of the lot, who shall be in duty bound to keep said lot out of use or consumption and out of man’s trade, at the place of detention, if adequate, or at such place as the Secretary of Agriculture or his authorized representative may designate in writing, until the lot, if not of eggs produced in Puerto Rico, is duly labeled within a term of forty-eight (48) hours after having issued the detention order or until said lot is reshipped within a term of not more than thirty (30) days after having issued said detention order, at the option of the importer or owner and at the expense of the latter. If not reshipped within said term, said lot may be seized by the Commonwealth of Puerto Rico to be used in municipal or commonwealth hospitals if the eggs are fit for human consumption, or to be destroyed if otherwise.

The Commonwealth shall not be liable for any deterioration or damage sustained by any lot of hen’s eggs in their shell the object of a detention order issued in accordance with this chapter.

The owner of the lot so detained and/or the person in possession or custody of the lot may contest the detention order within the fifteen (15) days following the date on which copy of same was received by him, through complaint to be filed in the corresponding part of the Court of First Instance of Puerto Rico against the Commonwealth of Puerto Rico, without bond, which complaint shall be notified to the Secretary of Justice, who shall answer same within the term specified for any ordinary action. The hearing shall be held without subjection to docket and against the judgment rendered no remedy shall lie other than a petition for review before the Supreme Court, limited to issues of law.

History —June 29, 1964, No. 118, p. 377, § 5; May 28, 1970, No. 45, p. 110.