39-1-16. Petition to court for condemnation of seized or quarantined articles--Hearing and order.
Any person or officer seizing or quarantining contraband material pursuant to §39-1-15 shall, within five days, petition the circuit court for the county in which such contraband material is found for condemnation of the material. The court shall thereupon make an order fixing a time and place of hearing and providing for reasonable notice thereof to the person in whose possession such contraband material was found. Upon hearing, the court shall determine whether such article of food or drug is in fact adulterated, misbranded, or otherwise illegal. If the court shall determine that such article is adulterated, misbranded, or otherwise illegal, it shall order that the same be condemned and destroyed or otherwise disposed of as the court shall direct.
Source: SDC 1939, §22.0104 as added by SL 1949, ch 81, §2; SDC Supp 1960, §22.0104 (2).
Structure South Dakota Codified Laws
Chapter 01 - Enforcement Powers And General Provisions
Section 39-1-1.1 - Division of Legal and Regulatory Services functions.
Section 39-1-2 - Disposition of fees received.
Section 39-1-3 - Source of payment for expenses of enforcement.
Section 39-1-4 - Promulgation of rules--Enforcement.
Section 39-1-7 - Prohibited contracts void--Action on contract prohibited.
Section 39-1-8 - Violation of title as misdemeanor.
Section 39-1-9 - Responsibility of employer for act or omission of agent or employee.
Section 39-1-10 - Access to premises and vehicles--Inspections, samples, and analyses.
Section 39-1-11 - Assistance to be rendered--Refusal of assistance as violation.
Section 39-1-12 - Interference with official performance of duty as misdemeanor.
Section 39-1-13 - Inspections and reports required of police officers--Payment of expenses.
Section 39-1-14 - Contraband articles subject to condemnation.