South Carolina Code 39-26-100. Circuit court to render judgment that covered produce be forfeited; procedure; appeals
(A) Unless otherwise shown or if the covered produce to be condemned or destroyed pursuant to § 39-26-80 is found upon trial to be in violation of any provision of 21 C.F.R. part 112, this chapter, or regulations of the department promulgated pursuant to § 39-26-50, it is the duty of the circuit court to render judgment that the covered produce be forfeited to the department and that the goods be destroyed or sold by the Commissioner, or any authorized agent of the Commissioner, for any purpose other than to be used for human consumption. The mode of procedure before the circuit court must be the same, as near as may be in civil proceedings. Either party may appeal to the South Carolina Court of Appeals as appeals are taken from the circuit court, but it is not necessary for the State of South Carolina or the department to give any appeal bond.
Terms Used In South Carolina Code 39-26-100
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Commissioner: means the South Carolina Commissioner of Agriculture. See South Carolina Code 39-26-20
- Covered produce: means food that is produce within the meaning of 21 C. See South Carolina Code 39-26-20
- Department: means the South Carolina Department of Agriculture. See South Carolina Code 39-26-20
- Produce: means food that is produce within the meaning of 21 C. See South Carolina Code 39-26-20
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
(B) The proceeds arising from any sale ordered pursuant to subsection (A) must be disposed of in accordance with this chapter, or regulations of the department promulgated pursuant to § 39-26-50.