9 C.F.R. § 118.1
Administrative detention
Whenever any biological product which is prepared, sold, bartered, exchanged, or shipped in violation of the Act or regulations is found by any authorized representative of the Administrator upon any premises, it may be detained by such representative for a period not to exceed 20 days, pending action under § 118.4, and shall not be moved by any person from the place at which it is located when so detained, until released by such representative.
Notes of Decisions
Cited in 2
cases, 1995–2002 · leading case: Behrens v. United Vaccines, Inc., 189 F. Supp. 2d 945 (D. Minn. 2002).
Behrens v. United Vaccines, Inc., 189 F. Supp. 2d 945 (D. Minn. 2002). “9 C.F.R. § 118.1 — 118.5(a). Manufacturers are required to report only the test results to APHIS, which is accomplished by completing Form 2008, and they are not required to furnish the raw data that was employed to calculate those results.”
Grand Labs., Inc. v. United States, 882 F. Supp. 906 (D.S.D. 1995). “2; 9 C.F.R. § 118.1 -.4, the failure of USDA investigators to follow these procedures necessarily results in the classification of their actions as being non-discretionary in nature.”
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