--- kind: "section" citation: "21 U.S.C. § 467b" title: "21" title_heading: "Food and Drugs" number: "467b" heading: "Seizure and condemnation" release: "119-102" date: "2026-07-12" url: "https://uscodex.org/usc/21/467b" units: - "Chapter 10 — Poultry and Poultry Products Inspection" --- # §467b. Seizure and condemnation - (a) **Proceedings in rem; libel of information; jurisdiction; disposal by destruction or sale; proceeds into the Treasury; sales restrictions; bonds; court costs and fees, storage, and other expenses against claimants; jury trial; United States as plaintiff—** - (1) Any [poultry product](/usc/21/453.md?p=f), or any dead, dying, disabled, or diseased [poultry](/usc/21/453.md?p=e), that is being transported in [commerce](/usc/21/453.md?p=a) or otherwise subject to this chapter, or is held for sale in the [United States](/usc/21/453.md?p=d) after such transportation, and that (A) is or has been [processed](/usc/21/453.md?p=w), sold, transported, or otherwise distributed or offered or received for distribution in violation of this chapter, or (B) is [capable of use as human food](/usc/21/453.md?p=v) and is [adulterated](/usc/21/453.md?p=g) or [misbranded](/usc/21/453.md?p=h), or (C) in any other way is in violation of this chapter, shall be liable to be proceeded against and seized and condemned, at any time, on a libel of information in any [United States](/usc/21/453.md?p=d) district court or other proper court as provided in [section 467c of this title](/usc/21/467c.md) within the jurisdiction of which the article or [poultry](/usc/21/453.md?p=e) is found. - (2) If the article or [poultry](/usc/21/453.md?p=e) is condemned it shall, after entry of the decree, (A) be distributed in accordance with paragraph [(5)](#a-5), or (B) 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 the [United States](/usc/21/453.md?p=d), but the article or [poultry](/usc/21/453.md?p=e) shall not be sold contrary to the provisions of this chapter, or the laws of the jurisdiction in which it is sold: Provided, That upon the execution and delivery of a good and sufficient bond conditioned that the article or [poultry](/usc/21/453.md?p=e) shall not be sold or otherwise disposed of contrary to the provisions of this chapter, or the laws of the jurisdiction in which disposal is made, the court may direct that such article or [poultry](/usc/21/453.md?p=e) be delivered to the owner thereof subject to such supervision by authorized representatives of the [Secretary](/usc/21/453.md?p=i) as is necessary to insure compliance with the applicable laws. - (3) When a decree of condemnation is entered against the article or [poultry](/usc/21/453.md?p=e) and it is released under bond, or destroyed, court costs and fees, and storage and other proper expenses shall be awarded against the [person](/usc/21/453.md?p=j), if any, intervening as claimant of the article or [poultry](/usc/21/453.md?p=e). - (4) 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 the [United States](/usc/21/453.md?p=d). - (5) - (A) An article that is condemned under [paragraph (1)](#a-1) may as the court may direct, after entry of the decree, be distributed without charge to nonprofit, private entities or to Federal, [State](/usc/21/453.md?p=b), or local government entities engaged in the distribution of food without charge to individuals, if such article— - (i) is capable of use as a human food; - (ii) has been inspected under this chapter and found to be wholesome and not to be [adulterated](/usc/21/453.md?p=g) within the meaning of paragraphs (1) through (7) of [section 453(g) of this title](/usc/21/453.md?p=g) and a determination is made at the time of the entry of the decree that such article is wholesome and not so [adulterated](/usc/21/453.md?p=g); and - (iii) is plainly marked “Not for Sale” on such article or its [container](/usc/21/453.md?p=r). - (B) The [United States](/usc/21/453.md?p=d) may not be held legally responsible for any article that is distributed under [subparagraph (A)](#a-5-A) to a nonprofit, private entity or to a Federal, [State](/usc/21/453.md?p=b), or local government entity, if such article— - (i) was found after inspection under this chapter to be wholesome and not [adulterated](/usc/21/453.md?p=g) within the meaning of paragraphs (1) through (7) of [section 453(g) of this title](/usc/21/453.md?p=g) and a determination was made at the time of the entry of the decree that such article was wholesome and not so [adulterated](/usc/21/453.md?p=g); and - (ii) was plainly marked “Not for Sale” on such article or its [container](/usc/21/453.md?p=r). - (C) The [person](/usc/21/453.md?p=j) from whom such article was seized and condemned may not be held legally responsible for such article, if such article— - (i) was found after inspection under this chapter to be wholesome and not [adulterated](/usc/21/453.md?p=g) within the meaning of paragraphs (1) through (7) of [section 453(g) of this title](/usc/21/453.md?p=g) and a determination was made at the time of entry of the decree that such article was wholesome and not so [adulterated](/usc/21/453.md?p=g); and - (ii) was plainly marked “Not for Sale” on such article or its [container](/usc/21/453.md?p=r). - (b) **Condemnation or seizure under other provisions unaffected—** The provisions of this section shall in no way derogate from authority for condemnation or seizure conferred by other provisions of this chapter, or other laws. ## Source credit (Pub. L. 85–172, § 20, as added Pub. L. 90–492, § 17, Aug. 18, 1968, 82 Stat. 806; amended Pub. L. 101–205, § 2, Dec. 7, 1989, 103 Stat. 1830.) ## Notes ### Editorial Notes ### Amendments 1989—Subsec. (a). Pub. L. 101–205 designated first sentence as par. (1) and redesignated cls. (1) to (3) as cls. (A) to (C), respectively, designated second sentence as par. (2) and inserted “(A) be distributed in accordance with paragraph (5), or (B)” after “entry of the decree,”, designated third and fourth sentences as pars. (3) and (4), respectively, and added par. (5).