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2018 Georgia Code 26-2-85 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 26-2-85 Case Law from Google Scholar Amendments to OCGA 26-2-85

TITLE 26 FOOD, DRUGS, AND COSMETICS

Section 2. Standards, Labeling, and Adulteration of Food, 26-2-1 through 26-2-441.

ARTICLE 3 MEAT INSPECTION

26-2-85. Seizure and condemnation of carcasses, meat, and meat food products; release bond; costs.

  1. Any carcass, part of a carcass, meat, or meat food product of cattle, sheep, swine, nontraditional livestock, rabbits, goats, horses, mules, or other equines, or any dead, dying, disabled, or diseased cattle, sheep, swine, nontraditional livestock, rabbit, goat, or equine, that is being transported or is held for sale in this state after such transportation, and that is or has been prepared, sold, transported, or otherwise distributed or offered or received for distribution in violation of this article, is capable of use as human food and is adulterated or misbranded, or in any other way is in violation of this article, shall be liable to be proceeded against and seized and condemned, at any time, on an action for condemnation to be brought by the Commissioner in the superior court of the county in which the article or animal is found.
  2. If the article or animal is condemned, it shall, after entry of the decree, be disposed of by destruction or sale as the court may direct. The proceeds, if sold, less the court costs and fees and storage and other proper expenses, shall be paid into the state treasury. The article or animals shall not be sold contrary to the provisions of this article or the Federal Meat Inspection Act or the Federal Food, Drug, and Cosmetic Act.
  3. Upon the execution and delivery of a good and sufficient bond conditioned that the article or animal shall not be sold or otherwise disposed of contrary to this article or the laws of the United States, the court may direct that such article or animal be delivered to the owner thereof subject to such supervision by authorized representatives of the Commissioner as is necessary to ensure compliance with the applicable laws.
  4. When a decree of condemnation is entered against the article or animal 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 animal.
  5. This Code section shall in no way derogate from authority for condemnation or seizure conferred by other provisions of this article or other laws but shall be cumulative to such other authority.

(Ga. L. 1969, p. 1028, § 23; Ga. L. 1974, p. 453, § 1; Ga. L. 1995, p. 244, § 14; Ga. L. 1996, p. 1219, § 3; Ga. L. 2008, p. 458, § 10/SB 364.)

RESEARCH REFERENCES

Am. Jur. 2d.

- 35A Am. Jur. 2d, Food, § 58.

C.J.S.

- 36A C.J.S., Food, § 52 et seq.

ALR.

- Lawfulness of seizure of property used in violation of law as prerequisite to forfeiture action or proceeding, 8 A.L.R.3d 473.

Cases Citing Georgia Code 26-2-85 From Courtlistener.com

Total Results: 6

Warnock v. Warnock

Court: Supreme Court of Georgia | Date Filed: 1950-02-16

Citation: 57 S.E.2d 571, 206 Ga. 548, 1950 Ga. LEXIS 369

Snippet: such diligence is used. Frost v. Arnaud, 144 Ga. 26 (2) (85 S. E. 1028). The statute will not be tolled where

McDaniel v. Bagby

Court: Supreme Court of Georgia | Date Filed: 1949-02-15

Citation: 204 Ga. 750, 51 S.E.2d 805, 1949 Ga. LEXIS 486

Snippet: cloud upon his title. Frost v. Arnaud, 144 Ga. 26 (2) (85 S. E. 1028); Hadden v. Thompson, 202 Ga. 74,

McDaniel v. Bagby

Court: Supreme Court of Georgia | Date Filed: 1949-02-15

Citation: 51 S.E.2d 805, 204 Ga. 750

Snippet: cloud upon his title. Frost v.Arnaud, 144 Ga. 26 (2) (85 S.E. 1028); Hadden v.Thompson, 202 Ga. 74, 78

Comolli v. Coggins

Court: Supreme Court of Georgia | Date Filed: 1946-04-04

Citation: 37 S.E.2d 793, 200 Ga. 620, 1946 Ga. LEXIS 303

Snippet: 114 (3) (67 S.E. 673);Frost v. Arnaud, 144 Ga. 26 (2) (85 S.E. 1028); Winter v. Southern Securities Co

Brinsfield v. Robbins

Court: Supreme Court of Georgia | Date Filed: 1936-10-17

Citation: 183 Ga. 258, 188 S.E. 7, 1936 Ga. LEXIS 212

Snippet: suspend the statute. Frost v. Arnaud, 144 Ga. 26 (2) (85 S. E. 1028). The rule as to diligence may be

O'Callaghan v. Bank of Eastman

Court: Supreme Court of Georgia | Date Filed: 1935-07-12

Citation: 180 Ga. 812, 180 S.E. 847, 1935 Ga. LEXIS 569

Snippet: Code of 1933, § 3-807; Frost v. Arnaud, 144 Ga. 26 (2) (85 S. E. 1028). With reference to the plaintiff’s