South Carolina Code 39-26-80. Authorized condemnation or destruction of covered produce
(A) If the Commissioner, or any authorized agent of the Commissioner, believes any covered produce on a covered farm that is being grown, kept, or exposed for sale or held in possession or under the control of any person 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, the Commissioner, or any authorized agent of the Commissioner, is authorized to condemn, destroy, or require the destruction of the covered produce.
Terms Used In South Carolina Code 39-26-80
- Commissioner: means the South Carolina Commissioner of Agriculture. See South Carolina Code 39-26-20
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- 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
- Farm: means a farm, as defined in 21 C. 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
(B) Prior to condemning, destroying, or requiring the destruction of covered produce pursuant to subsection (A), the Commissioner, or any authorized agent of the Commissioner, shall seize the covered produce in accordance with § 39-26-70 and either:
(1) secure the written consent to the condemnation or destruction, on a form to be provided by the Commissioner, or any authorized agent of the Commissioner, from the person from whom the covered produce was seized; or
(2) make complaint before a magistrate pursuant to § 39-26-90.