Delaware § 8717 - Forfeiture of certain goods, products or animals.

§ 8717. Forfeiture of certain goods, products or animals.

(a) Any livestock product or poultry product or any dead, dying, disabled, or diseased livestock or poultry that is being transported in intrastate commerce or is otherwise subject to the chapter, or is held for sale in this State after such 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 (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 forfeited at any time, as provided in this section.

(b) Any property subject to forfeiture under this chapter may be seized by the Department upon process issued by the Superior Court, except that seizure without such process may be made when:

(1) The seizure is incident to an arrest or a search under a search warrant or an inspection under an administrative inspection warrant;

(2) The property subject to seizure has been the subject of a prior judgment in favor of the State in an injunction or forfeiture proceeding under this chapter;

(3) The Department has probable cause to believe that the property is directly or indirectly dangerous to health or safety; or,

(4) The Department has probable cause to believe that the property has been used or intended to be used in violation of this chapter.

(5) In the event of seizure pursuant to paragraph (3) and (4) of this subsection, proceedings under subsection (d) of this section shall be instituted promptly.

(c) Property taken or detained under this section shall not be repleviable, but shall be deemed to be in the custody of the Department subject only to the orders and decrees of the court or the official having jurisdiction thereof. Whenever property is seized under the provisions of this chapter, the Department may:

(1) Place the property under seal;

(2) Remove the property to a place designated by it; or

(3) Take custody of the property and remove it to an appropriate location for disposition in accordance with law.

(d) Whenever property is forfeited under this chapter, the Department may:

(1) Retain the property for official use;

(2) Sell any forfeited property which is not required to be destroyed by law and which is not harmful to the public, provided that the proceeds be disposed of for payment of all proper expenses of the proceedings for forfeiture and sale including expenses of seizure, maintenance of custody, advertising and court costs. Any remaining proceeds shall be deposited in the General Fund;

(3) Take custody of the property and remove it for disposition in accordance with law; or

(e) The article or animal shall not be sold contrary to the provisions of this chapter, or the Federal Meat Inspection Act [21 U.S.C. § 601 et seq.] or the federal Poultry Products Inspection Act [21 U.S.C. § 451 et seq.] or the Federal Food, Drug and Cosmetic Act [21 U.S.C. § 301 et seq.]; 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 the provisions of 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 Secretary as is necessary to insure compliance with the applicable laws. When a decree of forfeiture 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, if any, intervening as claimant of the article or animal.

(f) This section shall in no way derogate from authority for condemnation, forfeiture, or seizure conferred by other provisions of this chapter, or other laws.

3 Del. C. 1953, §  8714;  57 Del. Laws, c. 500, §  1;