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21 U.S.C. § 673 — Seizure and condemnation

Federal law — U.S. Code and appendices · legal_authorities

21 U.S.C. § 673 — Seizure and condemnation

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Stable record: federal_law:legal_authorities:record_usc_3142c1e5fe5e162e1f29a11c
Source file: Laws/federal/codes/united-states-code/title-21/section-673-seizure-and-condemnation--e86180cd24.md
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Source location: Title 21, Chapter 12, § 673; chapter-012-meat-inspection.md

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**(a) Proceedings in rem; libel of information; jurisdiction; disposal by destruction or sale; proceeds into the Treasury; sales restrictions; bond; court costs and fees, storage, and other expenses against claimants; proceedings in admiralty; jury trial; United States as plaintiff** (1) Any carcass, part of a carcass, meat or meat food product of cattle, sheep, swine, goats, horses, mules or other equines, or any dead, dying, disabled, or diseased cattle, sheep, swine, goat, or equine, that is being transported in commerce or otherwise subject to subchapter I or II of this chapter, or is held for sale in the United States after such transportation, and that (A) is or has been prepared, sold, transported, or otherwise distributed or offered or received for distribution in violation of this chapter, or (B) is capable of use as human food and is adulterated or misbranded, or (C) in any other way is in violation of this chapter, shall be liable to be proceeded against and seized and condemned, at any time, on a libel of information in any United States district court or other proper court as provided in [section 674 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title21-section674&num=0&edition=prelim) within the jurisdiction of which the article or animal is found. (2) If the article or animal is condemned it shall, after entry of the decree, (A) be distributed in accordance with paragraph (5), or (B) be disposed of by destruction or sale as the court may direct and the proceeds, if sold, less the court costs and fees, and storage and other proper expenses, shall be paid into the Treasury of the United States, but the article or animal shall not be sold contrary to the provisions of this chapter, or the laws of the jurisdiction in which it is sold: Provided, That upon the execution and delivery of a good and sufficient bond conditioned that the article or animal shall not be sold or otherwise disposed of contrary to the provisions of this chapter, or the laws of the jurisdiction in which disposal is made, the court may direct that such article or animal be delivered to the owner thereof subject to such supervision by authorized representatives of the Secretary as is necessary to insure compliance with the applicable laws. (3) 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 shall be awarded against the person, if any, intervening as claimant of the article or animal. (4) The proceedings in such libel cases shall conform, as nearly as may be, to the proceedings in admiralty, except that either party may demand trial by jury of any issue of fact joined in any case, and all such proceedings shall be at the suit of and in the name of the United States. (5) (A) An article that is condemned under paragraph (1) may as the court may direct, after entry of the decree, be distributed without charge to nonprofit, private entities or to Federal, State, or local government entities engaged in the distribution of food without charge to individuals, if such article— (i) has been inspected under this chapter and found to be wholesome and not to be adulterated within the meaning of paragraphs (1) through (7) and (9) of [section 601(m) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title21-section601/m&num=0&edition=prelim) and a determination is made at the time of the entry of the decree that such article is wholesome and not so adulterated; and (ii) is plainly marked “Not for Sale” on such article or its container. (B) The United States may not be held legally responsible for any article that is distributed under subparagraph (A) to a nonprofit, private entity or to a Federal, State, or local government entity, if such article— (i) was found after inspection under this chapter to be wholesome and not adulterated within the meaning of paragraphs (1) through (7) and (9) of [section 601(m) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title21-section601/m&num=0&edition=prelim) and a determination was made at the time of the entry of the decree that such article was wholesome and not so adulterated; and (ii) was plainly marked “Not for Sale” on such article or its container. (C) The person from whom such article was seized and condemned may not be held legally responsible for such article, if such article— (i) was found after inspection under this chapter to be wholesome and not adulterated within the meaning of paragraphs (1) through (7) and (9) of [section 601(m) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title21-section601/m&num=0&edition=prelim) and a determination was made at the time of the entry of the decree that such article was wholesome and not so adulterated; and (ii) was plainly marked “Not for Sale” on such article or its container. **(b) Condemnation or seizure under other provisions unaffected** The provisions of this section shall in no way derogate from authority for condemnation or seizure conferred by other provisions of this chapter, or other laws.

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Federal law — U.S. Code and appendices · legal_authorities

21 U.S.C. § 674 — Federal court jurisdiction of enforcement and injunction proceedings and other kinds of cases; limitations of [section 607(e) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title21-section607/e&num=0&edition=prelim)

The United States district courts, the District Court of Guam, the District Court of the Virgin Islands, the highest court of American Samoa, and the United States courts of the other Territories, are vested with jurisdiction specifically to enforce, and to prevent and restrain violations of, this chapter, and shall have jurisdiction in all other kinds of cases arising under this chapter, except as provided in [section 607(e) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title21-section607/e&num=0&edition=prelim).

Source: Supplied U.S. Code snapshot — release unconfirmed · 21 U.S.C. § 674

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Federal law — U.S. Code and appendices · legal_authorities

21 U.S.C. § 672 — Administrative detention; duration; pending judicial proceedings; notification of governmental authorities; release

Whenever any carcass, part of a carcass, meat or meat food product of cattle, sheep, swine, goats, horses, mules, or other equines, or any product exempted from the definition of a meat food product, or any dead, dying, disabled, or diseased cattle, sheep, swine, goat, or equine is found by any authorized representative of the Secretary upon any premises where it is held for purposes of, or during or after distribution in, commerce or otherwise subject to subchapter I or II of this chapter, and there is reason to believe that any such article is adulterated or misbranded and is capable of use as human food, or that it has not been inspected, in violation of the provisions of subchapter I of this chapter or of any other Federal law or the laws of any State or Territory, or the District of Columbia, or that such article or animal has been or is intended to be, distributed in violation of any such provisions, it may be detained by such representative for a period not to exceed twenty days, pending action under [section 673 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title21-section673&num=0&edition=prelim) or notification of any Federal, State, or other governmental authorities having jurisdiction over such article or animal, and shall not be moved by any person, firm, or corporation from the place at which it is located when so detained, until released by such representative. All official marks may be required by such representative to be removed from such article or animal before it is released unless it appears to the satisfaction of the Secretary that the article or animal is eligible to retain such marks.

Source: Supplied U.S. Code snapshot — release unconfirmed · 21 U.S.C. § 672

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Federal law — U.S. Code and appendices · legal_authorities

21 U.S.C. § 673 — Seizure and condemnation

Page 764 TITLE 21—FOOD AND DRUGS § 673 resentative for a period not to exceed twenty days, pending action under section 673 of this title or notification of any Federal, State, or other governmental authorities having jurisdic- tion over such article or animal, and shall not be moved by any person, firm, or corporation from the place at which it is located when so de- tained, until released by such representative. All official marks may be required by such rep- resentative to be removed from such article or animal before it is released unless it appears to the satisfaction of the Secretary that the article or animal is eligible to retain such marks. (Mar. 4, 1907, ch. 2907, title IV, § 402, as added Pub. L. 90–201, § 16, Dec. 15, 1967, 81 Stat. 598.) § 673. Seizure and condemnation (a) Proceedings in rem; libel of information; ju- risdiction; disposal by destruction or sale; proceeds into the Treasury; sales restric- tions; bond; court costs and fees, storage, and other expenses against claimants; pro- ceedings in admiralty; jury trial; United States as plaintiff (1) Any carcass, part of a carcass, meat or meat food product of cattle, sheep, swine, goats, horses, mules or other equines, or any dead, dying, disabled, or diseased cattle, sheep, swine, goat, or equine, that is being transported in commerce or otherwise subject to subchapter I or II of this chapter, or is held for sale in the United States after such transportation, and that (A) is or has been prepared, sold, trans- ported, or otherwise distributed or offered or re- ceived for distribution in violation of this chap- ter, or (B) is capable of use as human food and is adulterated or misbranded, or (C) in any other way is in violation of this chapter, shall be lia- ble to be proc

Source: Supplied 2024 U.S. Code historical extraction · 21 U.S.C. § 673

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