2006 Minnesota Statutes

31A.24 SEIZURE AND CONDEMNATION.
    Subdivision 1. What can be seized. This section applies to a carcass, part of a carcass, meat
or meat food product of animals or to a dead, dying, disabled, or diseased animal that is being
transported in intrastate commerce, or is held for sale in this state after transportation in intrastate
commerce. These articles or animals may be proceeded against, seized, and condemned, if (1)
they are or have been prepared, sold, transported, or otherwise distributed or offered or received
for distribution in violation of sections 31A.01 to 31A.31; (2) they are usable as human food and
are adulterated or misbranded; or (3) they are in any other way in violation of sections 31A.01 to
31A.31. The department may act against the article or animal at any time, on a complaint in the
district court of the judicial district where the article or animal is found.
    Subd. 2. Sale of condemned items. If the article or animal is condemned it must, after entry
of the decree, be disposed of by destruction or sale as the court directs. If it is sold, the proceeds
must be paid to the state, less the court costs and fees and storage and other proper expenses,
but the article or animal must not be sold contrary to this chapter, the Federal Meat Inspection
Act, or the Federal Food, Drug, and Cosmetic Act. If a bond is delivered conditioned that the
article or animal must not be sold or otherwise disposed of contrary to this chapter or federal law,
the court may direct that the article or animal be delivered to its owner subject to supervision
by authorized representatives of the commissioner that is necessary to assure compliance with
the applicable laws.
    Subd. 3. Types of proceedings; awards of costs. When a decree of condemnation is entered
against the article 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 article or animal. The proceedings for condemnation must be in rem. Either
party may demand trial by jury of any issue of fact joined in any case, and all proceedings must
be at the suit of and in the name of the state.
This section does not change the authority for condemnation or seizure conferred by other
provisions of this chapter, or other laws.
History: 1969 c 225 s 24; 1988 c 469 art 2 s 1