Subchapter M. MISCELLANEOUS PROVISIONS
Sec.
1.571. Articles subject to administrative retention.
1.572. Method of retention.
1.573. Notification of retention.
1.574. Notice to governmental authorities.
1.575. Movement of article retained.
1.576. Articles subject to seizure and condemnation.
Cross References This subchapter cited in 7 Pa. Code § 1.313 (relating to disposition after reinspection).
§ 1.571. Articles subject to administrative retention.
Any carcass, part of a carcass, meat or meat food product of livestock, or article exempted from the definition of meat food products, or any dead, dying, disabled or diseased livestock shall be subject to retention for a period not to exceed 20 days when found by any authorized representative of the Department upon any premises where it is held for the purposes of or during or after distribution in commerce or it is otherwise subject to the act, and there is reason to believe that:
(1) any such article is adulterated or misbranded and is capable of use as human food;
(2) any such article has not been inspected in violation of the act, or any other laws of the Commonwealth; or
(3) any such article or livestock has been or is intended to be distributed in violation of Title 1 of the act.
§ 1.572. Method of retention.
An authorized representative of the Department shall retain any article or livestock to be retained under this subchapter by affixing an official “Pa. Retained” tag to such article or livestock.
§ 1.573. Notification of retention.
When any article or livestock is retained an authorized representative of the Department shall give oral notification to the owner of the article or livestock retained if he can be ascertained and notified and, if not, to his agent or the immediate custodian of the article or livestock, and promptly furnish the person so notified in writing with a Notice of Retention. Within 48 hours after the retention of any article or livestock, an authorized representative of the Department shall, if the retention is to continue, give written notification of Notice of Retention to the owner of the article or livestock retained, or if such owner cannot be ascertained and notified within such period of time, furnish such notice to his agent, or the carrier or other person having custody of the article or livestock detained. The written notification shall be served by either delivering the notification to such owner or his agent, or to such other person, or by certifying and mailing the notification, addressed to such owner, agent or other person at his last known residence or principal office or place of business.
§ 1.574. Notice to governmental authorities.
Within 48 hours after the detention of any livestock or article pursuant to this subchapter, an authorized representative of the Department shall give oral or written notification of such retention to any Federal authorities not connected with the program, and any State or other governmental authorities having jurisdiction over such livestock or article. In the event notification is given orally it shall be confirmed in writing as promptly as circumstances permit.
§ 1.575. Movement of article retained.
No article or livestock retained in accordance with this Subchapter shall be moved by any person from the place at which it is located when so retained until released by an authorized representative of the Department. However, any such article or livestock may be moved from the place at which it is located when so detained for refrigeration, freezing or storage purposes if such movement has been approved by an authorized representative of the Department and the article or livestock so moved shall be retained by an authorized representative of the Department after movement until such time as the retention is terminated. When the retention of such article or livestock is terminated, the owner or his agent or the carrier or other person in possession of the article or livestock who was notified when the article or livestock was retained will receive notification of the termination. The notification shall be served by either delivering the notice to such person at his last known residence or principal office or place of business. All official marks may be required by such representative to be removed from the article or livestock before it is released unless it appears to the satisfaction of the representative that the article or livestock is eligible to retain such marks.
§ 1.576. Articles subject to seizure and condemnation.
(a) Any carcass, part of a carcass, meat or meat food product, or any dead, dying, disabled or diseased livestock that is being transported in commerce or is otherwise subject to the act, or is held for sale in this Commonwealth after the transportation, may be seized, condemned and disposed of if the article or livestock:
(1) Is or has been prepared, sold, transported or otherwise distributed or offered or received for distribution in violation of the act.
(2) Is capable of use as human food and is adulterated or misbranded.
(3) In any other way is in violation of the act.
(b) Subsection (a) does not derogate from authority for condemnation or seizure conferred by the act or other laws.
(c) An article or livestock subject to seizure and condemnation under this subchapter shall be liable to be seized and condemned and disposed of.
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