The secretary upon seizing or quarantining contraband pursuant to § 40-32-34 may, within two days, petition the circuit court for the county in which the contraband material is found for condemnation of the material. The court shall fix a time and place of hearing and provide for reasonable notice thereof to the person in whose possession the contraband material was found. Upon hearing, the court shall determine whether the milk or milk product is in fact adulterated, misbranded or otherwise illegal. If the court determines that the 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.

Terms Used In South Dakota Codified Laws 40-32-35

  • Person: includes natural persons, partnerships, associations, cooperative corporations, limited liability companies, and corporations. See South Dakota Codified Laws 2-14-2

Source: SL 1992, ch 290, § 5.