P.R. Laws tit. 24, § 756

2019-02-20 00:00:00+00
§ 756. Seizure and condemnation

(a) Any poultry, poultry product or any dead, dying, disabled or diseased poultry that is being transported in intrastate commerce or is held for sale in the Commonwealth of Puerto Rico shall be liable to be proceeded against and seized and condemned upon petition filed in the Court of First Instance within the jurisdiction of which the article is found, in the following cases:

(1) If it is or has been processed, sold, transported or otherwise distributed or offered or received for distribution in violation of this chapter; or

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

(3) if in any other way it violates this chapter.

If the article or poultry is condemned it shall be disposed of, after entry of judgment as the court may direct; and, if sold, the proceeds, less costs, expenses and attorneys’ fees, storage and other proper expenses, shall be paid into the Commonwealth Treasury; but the article or poultry may not be sold contrary to the provisions of this chapter, the Federal Poultry Products Inspection Act or the Federal Food, Drug and Cosmetic Act; Provided, That upon issuance and acceptance of a sufficient bond, conditioned that the article or poultry shall not be sold or otherwise disposed of contrary to the applicable state and federal laws, the court may order that said article or poultry be delivered to its owner, subject to such supervision, by authorized representatives of the Secretary, as may be necessary to insure compliance with said laws.

(b) The provisions of this section do not repeal provisions of other laws granting authority to the Secretary for condemnation and seizure of food products.

History —July 7, 1971, No. 10, p. 601, § 16.