Arizona Laws 3-2085. Condemnation of product
A. Any carcass, part of a carcass, meat or meat food product of cattle, sheep, swine, goats, horses, mules or other equines, or any dead, dying, disabled or diseased cattle, sheep, swine, goat or equine, that is being transported in intrastate commerce, or is held for sale in this state after such transportation, and is or has been processed, sold, transported or otherwise distributed or offered or received for distribution in violation of this chapter, or is capable of use as human food and is adulterated or misbranded, or 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 the superior court in any county within the jurisdiction of which the article or animal is found.
Terms Used In Arizona Laws 3-2085
- Carcass: means all parts, including viscera, of a slaughtered animal that are capable of being used for human food. See Arizona Laws 3-2001
- Condemned: means the carcass, the viscera, parts of carcasses, meat, meat by-product or meat food products, so marked or identified, is unsound, unhealthful, unwholesome or otherwise unfit for human food, or an animal which has been inspected and found to be in a dying condition or affected with any other condition or disease that would require condemnation of its carcass. See Arizona Laws 3-2001
- Department: means the Arizona department of agriculture. See Arizona Laws 3-101
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Meat: means the edible part of the muscle of cattle, sheep, swine, goats or equines which is skeletal or which is found in the tongue, in the diaphragm, in the heart or in the esophagus, with or without the accompanying and overlying fat, and the portions of bone, skin, sinew, nerve and blood vessels which normally accompany the muscle tissue and which are not separated from it in the process of dressing. See Arizona Laws 3-2001
- Meat food product: means any article of food or any article intended for or capable of being used as human food which is derived or prepared, in whole or in substantial and definite part, from any portion of any cattle, sheep, swine, goats, horses, mules or other equines, except such articles as organotherapeutic substances, meat juice, meat extract, and the like, which are only for medicinal purposes and are advertised only to the medical profession. See Arizona Laws 3-2001
- United States: includes the District of Columbia and the territories. See Arizona Laws 1-215
B. If the article or animal is condemned it shall after entry of the decree 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 deposited, pursuant to sections 35-146 and 35-147, but the article or animal shall not be sold contrary to the provisions of this chapter, or the federal meat inspection act or the federal food, drug and cosmetic act, provided, that upon the execution and delivery of a good and sufficient bond conditioned that the article or animal shall not be sold or otherwise disposed of contrary to this chapter or the laws of the United States, the court may direct that such article or animal be delivered to the owner thereof subject to such supervision by authorized representatives of the department as is necessary to insure compliance with the applicable laws. When a decree of condemnation is entered against the article or animal and it is released under bond or destroyed, court costs and fees and storage and other proper expenses shall be awarded against the person intervening as claimant of the article or animal.
C. 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.