(a) Any poultry product, or any dead, dying, disabled, or diseased poultry, that is transported in intrastate commerce or is held for sale, or donation in the State after transportation, and that (1) is or has been processed, sold, transported, or otherwise distributed or offered or received for distribution in violation of this subtitle; (2) is capable of use as human food and is adulterated or misbranded; or (3) in any other way violates this subtitle, shall be liable to be proceeded against, seized, and condemned, at any time, on a libel of information in any circuit court of any county within whose jurisdiction the article is found.
(b) If poultry or poultry products are condemned because of disease, the reason for condemnation shall be supported by scientific fact, information, or criteria. Condemnation under this subtitle shall be achieved through uniform inspection standards and uniform application.
(c) Upon condemnation and after entry of the decree, the article shall be destroyed or sold as the court directs and, if sold, the proceeds, less the court costs, fees, storage, and other proper expenses, shall be paid into the State Treasury. The article may not be sold contrary to the provisions of this subtitle, or federal law.
(d) Upon execution and delivery of a good and sufficient bond prohibiting the sale or any other disposal of the article contrary to this subtitle or federal law, the court may direct that the article be delivered to the owner subject to the supervision of the Secretary to insure compliance with the applicable laws.
(e) When a decree of condemnation is entered against the article and it is released under bond or destroyed, court costs, fees, storage, and other proper expenses shall be awarded against the person intervening as claimant of the article.
(f) Proceedings in libel cases shall conform to proceedings in admiralty to the extent possible. However, either party may demand a jury trial of any issue of fact joined in any case. Every proceeding shall be at the suit of and in the name of the State.
(g) This section does not derogate from authority for condemnation or seizure conferred by other provisions of this subtitle or other laws.
Structure Maryland Statutes
Title 4 - Regulation of Livestock, Poultry Products, and Eggs
Subtitle 2 - Maryland Poultry Products Inspection Act
Section 4-202 - Legislative Declarations
Section 4-203 - Applicability of Subtitle
Section 4-205 - Inspection of Official Poultry Processing Establishments; Condemnation
Section 4-207 - Payment of Cost of Inspection
Section 4-208 - Sanitary Practices at Official Establishments
Section 4-209 - Labeling, Marking, and Container
Section 4-210 - Entry of Products Into Official Establishment
Section 4-211 - False or Misleading Name, Marking, or Labeling; Misleading Container
Section 4-212 - Refusal or Withdrawal of Inspection
Section 4-213 - Registration of Certain Persons
Section 4-214 - Sale, Purchase, or Transportation of Dead, Disabled, or Diseased Poultry
Section 4-215 - Records; Access to Premises; Samples
Section 4-216 - Rules and Regulations Governing Storage and Handling of Poultry Products
Section 4-217 - Exemptions From Subtitle
Section 4-218 - Prohibited Acts
Section 4-219 - Detention of Poultry Products
Section 4-220 - Seizure and Condemnation
Section 4-221 - Investigation of Persons Engaged in Intrastate Commerce; Reports and Answers
Section 4-223 - Responsibility of Business Unit for Acts of Agent or Employee
Section 4-224 - Report of Violations for Criminal Prosecution
Section 4-225 - Jurisdiction of Courts; Proceedings in Name of State
Section 4-227 - Liability of Carrier
Section 4-229 - Penalty for Failure to File Reports
Section 4-230.1 - Application of Provisions to Rabbits and Rabbit Products; Inspections