当前位置: 首页 » 政策法规 » 国外法规 »Sec. 467b. 扣押和定罪(Seizure and condemnation)

Sec. 467b. 扣押和定罪(Seizure and condemnation)

扫描二维码 分享好友和朋友圈
放大字体  缩小字体 2011-08-04 15:58:48  来源:USDA  浏览次数:3007
核心提示:该规定内容包括对物诉讼;信息诽谤;管辖权;销毁或出售的处置方式;进入库房的收益;销售的限制;债券;法院的成本和费用,存储,对索赔人的其他费用;海事诉讼;评判委员会审判;美国作为原告;其它不受影响的扣押和定罪条款。
发布单位
FSIS
FSIS
发布文号 暂无
发布日期 暂无 生效日期 暂无
有效性状态 废止日期 暂无
备注 该规定内容包括对物诉讼;信息诽谤;管辖权;销毁或出售的处置方式;进入库房的收益;销售的限制;债券;法院的成本和费用,存储,对索赔人的其他费用;海事诉讼;评判委员会审判;美国作为原告;其它不受影响的扣押和定罪条款。

     更多关于美国禽肉检查法的内容,请详见美国农业部食品安全与检查局(FSIS)发布的《禽肉检查法案》(PPIA)法规汇总
  Sec. 467b. Seizure and condemnation

  (a) Proceedings in rem; libel of information; jurisdiction; disposal by destruction or sale; proceeds into the Treasury; sales restrictions; bonds; court costs and fees, storage, and other expenses against claimants; jury trial; United States as plaintiff

  (1) Any poultry product, or any dead, dying, disabled, or diseased poultry, that is being transported in commerce or otherwise subject to this chapter, or is held for sale in the United States after such transportation, and that (A) is or has been processed, 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 467c of this title within the jurisdiction of which the article or poultry is found.

  (2) If the article or poultry 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 poultry 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 poultry 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 poultry 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 poultry 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 poultry.

  (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) is capable of use as a human food;

  (ii) has been inspected under this chapter and found to be wholesome and not to be adulterated within the meaning of paragraphs (1) through (7) of section 453(g) of this title and a determination is made at the time of the entry of the decree that such article is wholesome and not so adulterated; and

  (iii) 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) of section 453(g) of this title 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) of section 453(g) of this title and a determination was made at the time of 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.

 地区: 美国 
 标签: 销售 
食品伙伴网提供标准法规解读、舆情监控、合规咨询、申报注册等服务。
电询:0535-2129301
QQ:2891238009
食品标法圈
实时把握食品标法动态
请扫码关注食品标法圈

声明:

① 凡本网所有原始/编译文章及图片、图表的版权均属食品伙伴网所有,如要转载,需注明“信息来源:食品伙伴网”。
② 凡本网注明“信息来源:XXX(非食品伙伴网)”的作品,均转载自其他媒体,转载目的在于传递更多的信息,并不代表本网赞同其观点和对其真实性负责。
※ 邮箱:law#foodmate.net(发邮件时请将#换成@) QQ:139307733

 
 
[ 政策法规搜索 ]  [ 加入收藏 ]  [ 告诉好友 ]  [ 打印本文 [ 关闭窗口 ]

 

 
 
按分类浏览
国家法规 (12129) 国外法规 (3603)
地方法规 (42100) 法规动态 (12)
法规解读 (2943) 其他法规 (345)
推荐国外法规
点击排行
    按国家或地区浏览

    法规中心  关于我们  广告业务  联系我们  信息服务

    Processed in 0.066 second(s), 10 queries, Memory 4.47 M