21 U.S.C. § 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 dead, dying, disabled, or diseased poultry, being moved in commerce or otherwise covered by this chapter, or held for sale in the U.S. after such movement, can be seized and taken to court — through a "libel of information," a type of civil forfeiture lawsuit — if it (A) was processed, sold, transported, or distributed in violation of this chapter, or (B) is usable as human food and is adulterated or misbranded, or (C) otherwise violates this chapter. This can happen at any time, in the district court (or other proper court, under section 467c) where the item is found. (2) If the court condemns the item, it is then either (A) given away under paragraph (5), or (B) destroyed or sold as the court orders. If sold, the money — after paying court costs, fees, storage, and other proper expenses — goes to the U.S. Treasury; the item cannot be sold in violation of this chapter or local law. However, if the owner posts a bond promising not to sell or dispose of the item illegally, the court may release it to the owner, under the Secretary's supervision to ensure compliance. (3) If the item is condemned and then released under bond, or destroyed, court costs, fees, storage, and other expenses are charged against whoever claimed the item ("claimant"). (4) These court cases largely follow admiralty procedure (the rules used for maritime cases), except either side may demand a jury trial on any factual issue, and all proceedings are brought in the name of the United States. (5)(A) A condemned item may instead, as the court directs, be given away for free to nonprofit organizations or federal, state, or local government bodies that distribute food to people for free — but only if the item (i) can be used as human food, (ii) was inspected under this chapter, found wholesome and not adulterated (as section 453(g)(1)–(7) defines that), with that finding made at the time of condemnation, and (iii) is clearly marked "Not for Sale" on the item or its container. (B) The United States is not legally responsible for any item given away this way, as long as it met the inspection and marking requirements above. (C) The person the item was seized from is also not legally responsible for it, under the same conditions. (b) Condemnation or seizure under other provisions unaffected: This section doesn't limit or reduce any other seizure or condemnation authority that this chapter, or any other law, provides.