39-1-16. Petition to court for condemnation of seized or quarantined articles--Hearing and order. Any person or officer seizing or quarantining contraband material pursuant to § 39-1-15 shall, within five days, petition the circuit court for the county in which such contraband material is found for condemnation of the material. The court shall thereupon make an order fixing a time and place of hearing and providing for reasonable notice thereof to the person in whose possession such contraband material was found. Upon hearing, the court shall determine whether such article of food or drug is in fact adulterated, misbranded, or otherwise illegal. If the court shall determine that such article is adulterated, misbranded, or otherwise illegal, it shall order that the same be condemned and destroyed or otherwise disposed of as the court shall direct.
Source: SDC 1939, § 22.0104 as added by SL 1949, ch 81, § 2; SDC Supp 1960, § 22.0104 (2).
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