Maryland § 16-109 - ** CONTINGENCY - IN EFFECT - CHAPTER 131 OF 2019 **

§ 16-109. ** CONTINGENCY - IN EFFECT - CHAPTER 131 OF 2019 **

    ** CONTINGENCY – IN EFFECT – CHAPTER 131 OF 2019 **

    (a)    If the Secretary finds that covered produce is in violation of the requirements of the Program, the Secretary may file a petition for condemnation of the covered produce in the circuit court of the county in which the covered produce was found.

    (b)    If a circuit court issues an order for condemnation of covered produce based on a finding that the produce is adulterated and unfit for human consumption, the finding shall be based on scientific fact, information, or criteria.

    (c)    (1)    Subject to paragraphs (2) and (3) of this subsection, if a circuit court issues an order for condemnation of covered produce under this section, the covered produce shall be disposed of in the manner the court orders.

        (2)    If a circuit court orders the sale of covered produce:

            (i)    The proceeds from the sale, less the expenses associated with the condemnation procedure, including court costs, fees, and storage costs, shall be paid into the General Fund of the State; and

            (ii)    The sale of covered produce shall comply with the requirements of the Program.

        (3)    On execution and delivery of a good and sufficient bond prohibiting the sale or any other disposal of the covered produce that would violate the requirements of the Program, the circuit court may order that the covered produce be delivered to the owner of the covered produce, subject to the supervision of the Secretary.

    (d)    If the circuit court orders covered produce to be condemned, after the covered produce is released under bond or destroyed, the person intervening as a claimant of the covered produce is responsible for expenses associated with the condemnation procedure, including court costs, fees, and storage costs.

    (e)    (1)    All proceedings held under this section shall be at the suit of and in the name of the State.

        (2)    Subject to paragraph (3) of this subsection, to the extent possible, the proceedings for libel actions shall conform to the proceedings for admiralty actions.

        (3)    Either party in a libel action may demand a jury trial of any issue of fact joined in any case.

    (f)    This section may not be construed to limit or alter any other authority provided in State or federal law for condemnation or seizure.