West Virginia Code § 19-14-12

Embargoes; condemnation and confiscation; injunctions
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(a) Embargo orders.
(1) When the commissioner has reasonable cause to believe any lot of commercial feed is
being manufactured, distributed, offered for sale, exposed for sale, or used in this state in
violation of the provisions of this article or any rule promulgated hereunder, then he or she
may issue and enforce a written embargo order, warning the custodian of the commercial
feed not to manufacture, distribute, use, remove, or dispose of the commercial feed lot in
any manner until the embargo is released by the commissioner or by court order.
(2) When the embargo is issued, the commissioner shall affix a tag or other marking to the
commercial feed and/or to the manufacturing device warning that such product or process is
under embargo and notify the custodian that he or she has a right to request an immediate
hearing.
(3) The commissioner shall release the commerciall feed lot so embargoed when said
commercial feed has been brought into complsiance with this article and its rules.
(4) The commissioner shall have the authoirity to issue an embargo against a perishable
product, even if the result is the involuntary disposal of the product.
(5) The commissioner may take action to seize and condemn any product if not brought into
compliance with this article and the rules issued hereunder, within 90 days of the notice to
the custodian.
(b) Condemnation and confiscation.
(1) Any commercial feed not in compliance with the provisions of this article or the rules
promulgated hereunder shall be subject to condemnation and confiscation on complaint of
the commissioner to the circuit court of the county in which the commercial feed in question
is located. Jurisdiction is hereby conferred upon the circuit courts to hear and determine
such matter.
(2) If the court finds that the commercial feed is in violation of the provisions of this article
or its rules and should be confiscated, then the court shall order the condemnation and
confiscation of such commercial feed and its disposition in a manner consistent with the
quality of such commercial feed which is not in violation of any other laws of this state:
Provided, That the owner thereof must first be given an opportunity to process or relabel
such commercial feed or dispose of the same in full compliance with the provisions of this
article and its rules.
(c) Injunctions. Upon application by the commissioner, the circuit court of the county in
which the violation is occurring, has occurred, or is about to occur, may grant a temporary
or permanent injunction restraining any person from violating or continuing to violate any of
the provisions of this article or any rule promulgated hereunder. An injunction shall be
issued without bond.

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