Marvin Mandel, Governor                          1597

order shall be upon the record upon which the determination and
order are based.

197-19.

Whenever any poultry product, or any product exempted from
the definition of a poultry product, or any dead, dying, disabled, or
diseased poultry is found by any authorized representatives of the
Board upon any premises where it is held for purposes of, or during
or after distribution in intrastate commerce, and there is reason to
believe that any such article is adulterated or misbranded and is
capable of use as human food, or that it has not been inspected, in
violation of the provisions of this Act or of any other State or Fed-
eral law or that it has been or is intended to be, distributed in viola-
tion of any such provisions, it may be detained by such representa-
tive for a period not to exceed twenty days, pending action under
Section 20 197-20 of this Act or notification of any Federal, State, or
other governmental authorities having jurisdiction over such article
or poultry, and shall not be moved by any person, from the place at
which it is located when so detained, until released by such rep-
resentative. All official marks may be required by such representa-
tive to be removed from such article or poultry before it is released un-
less it appears to the satisfaction of the Board that the article or
poultry is eligible to retain such marks.

197-20.

(a) Any poultry product, or any dead, dying, or disabled or
diseased poultry, that is being transported in intrastate commerce,
subject to this Act, or is held for sale in this State after such trans-
portation, and that (1) is or has been processed, sold, transported,
or otherwise distributed or offered or received for distribution in
violation of this Act, 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 Act, shall be liable to be proceeded against and seized and
condemned, at any time, on a libel of information in any Circuit
Court in any county or the Circuit Court for Baltimore City within
the jurisdiction of which the article or poultry is found. If the
article or poultry 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,
but the article or poultry shall not be sold contrary to the provisions
of this Act, or the Federal Poultry Products Inspection Act or the
Federal Food, Drug, and Cosmetic Act: Provided, That upon the
execution and delivery of a good and sufficient bond conditioned that
the article or poultry shall not be sold or otherwise disposed of con-
trary to the provisions of this Act or the laws of the United States,
the court may direct that such article or poultry be delivered to the
owner thereof subject to such supervision by authorized representa-
tives of the Board as is necessary to insure compliance with the
applicable laws. When a decree of condemnation is entered against
the article or poultry 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 poultry. The proceedings in such libel cases shall conform,
as nearly as may be, to the proceedings in admiralty, except that
either party may demand trial by jury of any issue of fact joined in
any case, and all such proceedings shall be at the suit of and in the
name of this State.