3-730. Nonconforming eggs as nuisance; procedure for handling and abatement

A. Eggs or egg products prepared, packed, stored, delivered for shipment, delivered for sale, loaded, shipped, transported or sold in violation of this article, together with their cases, cartons or containers, are declared a public nuisance, and the eggs or egg products shall be held by the person in possession and shall not be moved from the place where held, except upon written permission or specified direction of the director.

B. An inspector may affix a warning tag or notice to the eggs or egg products and may give notice of the violation to the producer, manufacturer, dealer, owner or any person in possession of the eggs or egg products. If the person, after notice, refuses or fails within seventy-two hours to proceed with due diligence to recondition or remark the eggs or egg products so as to comply with this article, the eggs or egg products, and their cases, cartons or containers, may be seized by a law enforcement officer. When the eggs or egg products are in cold storage the seventy-two hour period does not commence to run until the eggs or egg products are removed from storage and delivered to a dealer or producer.

C. The county attorney of the county in which the nuisance exists, on the relation of the director, shall maintain in the name of the state a civil action to abate and prevent the nuisance. If the court finds a nuisance exists, the court shall order the eggs or egg products condemned and destroyed in the manner directed by the court, or reconditioned, remarked, denatured or otherwise processed, or released upon such conditions as the court may prescribe to insure that the nuisance will be abated. If the owner fails to comply with the order of the court within the time specified, the court may order disposal of the eggs or egg products, and their cases, cartons or containers, or the sale thereof, under such conditions as the court may prescribe, by the director, the sheriff or the constable. In the event the court orders any of the eggs or egg products and their cases, cartons or containers which can be salvaged to be sold, the cost of disposal shall be deducted from the proceeds of the sale and the balance paid into court to be delivered to the owner.

D. In actions arising under this section, the superior court has original jurisdiction.