(1) When any article detained or seized under s. 500.174 has been found by the department to be subject to seizure and condemnation under s. 500.174, the department may petition a court for an order of condemnation or sale, as the court may direct. The proceeds of the sale of food used for human consumption, less the legal costs and charges, shall be deposited in the State Treasury into the General Inspection Trust Fund.
(2) Upon the payment of the costs of the condemnation proceeding and upon the execution and delivery of a surety bond to the effect that the goods shall not be sold or otherwise disposed of contrary to the provisions of this chapter, the department or court may order that the goods be delivered to the owner thereof instead of being condemned or sold.
(3) If the department finds that any article seized under the provisions of s. 500.174 was not subject to seizure under that section, the department or the designated officer or employee shall remove the tag or marking.
History.—s. 15, ch. 59-302; s. 1, ch. 61-31; ss. 14, 19, 35, ch. 69-106; s. 436, ch. 77-147; s. 26, ch. 82-225; s. 19, ch. 87-388.
Note.—Former s. 500.43.
Structure Florida Statutes
Title XXXIII - Regulation of Trade, Commerce, Investments, and Solicitations
500.01 - Florida Food Safety Act; Short Title.
500.03 - Definitions; Construction; Applicability.
500.032 - Declaration of Policy and Cooperation Among Departments.
500.033 - Florida Food Safety and Food Defense Advisory Council.
500.09 - Rulemaking; Analytical Work.
500.10 - Food Deemed Adulterated.
500.11 - Food Deemed Misbranded.
500.115 - Advertisement of Food Deemed False.
500.12 - Food Permits; Building Permits.
500.121 - Disciplinary Procedures.
500.13 - Addition of Poisonous or Deleterious Substance to Food.
500.147 - Inspection of Food Establishments, Food Records, and Vehicles.
500.148 - Reports and Dissemination of Information; Confidentiality.
500.149 - Employment of Help; Expenses and Salaries.
500.165 - Transporting Shipments of Food Items; Rules; Penalty.
500.166 - Records of Interstate Shipment.
500.167 - Carriers in Interstate Commerce; Exception.
500.169 - Enforcement of Federal Act.
500.171 - Injunction to Restrain Violation.
500.173 - Causes for Seizure and Condemnation of Foods.
500.174 - Seizure; Procedure; Prohibition on Sale or Disposal of Article; Penalty.
500.175 - Condemnation and Sale; Release of Seized Article.
500.177 - Penalty for Violation of S. 500.04; Dissemination of False Advertisement.
500.178 - Duty of State Attorney.
500.179 - Issuance of Warnings for Minor Violations.
500.451 - Horse Meat; Offenses.
500.459 - Water Vending Machines.
500.511 - Fees; Enforcement; Preemption.
500.60 - Regulation of Meat Preempted to State.
500.80 - Cottage Food Operations.
500.81 - Healthy Food Financing Initiative.
500.90 - Regulation of Polystyrene Products Preempted to Department.