South Carolina § 39-26-100 - Circuit court to render judgment that covered produce be forfeited; procedure; appeals.

§ 39-26-100. Circuit court to render judgment that covered produce be forfeited; procedure; appeals.

For the repeal of this section, see Sections 39-26-140 and 39-26-160.

(A) Unless otherwise shown or if the covered produce to be condemned or destroyed pursuant to Section 39-26-80 is found upon trial to be in violation of any provision of 21 C.F.R. Part 112, this chapter, or regulations of the department promulgated pursuant to Section 39-26-50, it is the duty of the circuit court to render judgment that the covered produce be forfeited to the department and that the goods be destroyed or sold by the Commissioner, or any authorized agent of the Commissioner, for any purpose other than to be used for human consumption. The mode of procedure before the circuit court must be the same, as near as may be in civil proceedings. Either party may appeal to the South Carolina Court of Appeals as appeals are taken from the circuit court, but it is not necessary for the State of South Carolina or the department to give any appeal bond.

(B) The proceeds arising from any sale ordered pursuant to subsection (A) must be disposed of in accordance with this chapter, or regulations of the department promulgated pursuant to Section 39-26-50.

HISTORY: 2017 Act No. 92 (H.4003), SECTION 1, eff May 19, 2017.