Vermont Statutes Title 6 Sec. 3315
Terms Used In Vermont Statutes Title 6 Sec. 3315
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Federal Meat Inspection Act: means the Act so entitled approved March 4, 1907 (34 Stat. See
- federal Poultry Products Inspection Act: means the Act so entitled approved August 28, 1957 (71 Stat. See
- Fees: shall mean earnings due for official services, aside from salaries or per diem compensation. See
- Intrastate commerce: means any commerce within this State. See
- Livestock: means any cattle, sheep, swine, goats, horses, mules, or other equines, whether live or dead. See
- Meat: means the part of the muscle of any cattle, sheep, swine, goats, horses, mules, or other equines that is skeletal or that 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, blood vessels that normally accompany the muscle tissue and that does not include the muscle found in the lips, snout, or ears. See
- Person: includes any individual, partnership, corporation, association, or other business unit and any officer, agent or employee. See
- Poultry: means any domesticated bird, whether live or dead. See
- Poultry product: means any poultry carcass or part of a carcass; or any product that is made wholly or in part from any poultry carcass or part of a carcass, excepting products that are exempted by the Secretary from definition as a poultry product under conditions that the Secretary may prescribe to ensure that the poultry ingredients in products are not adulterated and that these products are not represented as poultry products. See
- Prepared: means slaughtered, canned, salted, stuffed, rendered, boned, cut up, or otherwise manufactured or processed. See
- Secretary: means the Secretary of Agriculture, Food and Markets or designee. See
- State: when applied to the different parts of the United States may apply to the District of Columbia and any territory and the Commonwealth of Puerto Rico. See
§ 3315. Forfeiture
(a) Any livestock product or poultry product of any dead, dying, disabled, or diseased livestock or poultry that is being transported in intrastate commerce, or is otherwise subject to this chapter, or is held for sale in this State after transportation, and that:
(1) is or has been prepared, sold, transported, or otherwise distributed or offered or received for distribution in violation of this chapter, or the rules adopted under it; or
(2) is capable of use as human food and is adulterated or misbranded; or
(3) 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 complaint in any Superior Court as provided in section 3316 of this title. If the product 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 paid into the Treasury of this State. The product or animal shall not be sold contrary to the provisions of this chapter, the Federal Meat Inspection Act, the federal Poultry Products Inspection Act, or the Federal Food, Drug, and Cosmetic Act. Upon the execution and delivery of a good and sufficient bond guaranteeing that the product or animal shall not be sold or otherwise disposed of contrary to the provisions of this chapter, or the laws of the United States, the court may direct that the product or animal be delivered to the owner subject to the supervision by authorized representatives of the Secretary as is necessary to ensure compliance with the applicable laws. When a decree of condemnation is entered against the product 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, if any, intervening as claimant of the product or animal.
(b) The provisions of this section shall in no way impair authority for condemnation or seizure conferred by other provisions of this chapter or other laws. (Added 1985, No. 226 (Adj. Sess.), § 1, eff. June 2, 1986; amended 2003, No. 42, § 2, eff. May 27, 2003; 2021, No. 105 (Adj. Sess.), § 140, eff. July 1, 2022.)