West Virginia Code § 19-15-16

Seizure, condemnation and sale
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Any lot of regulated product not in compliance with the provisions of this article is subject to
seizure on complaint of the commissioner to a court of competent jurisdiction in the county
or judicial circuit where the product is located. In the event the court finds that the
regulated product is in violation of this article and orders its condemnation, the product may
be disposed of in any manner consistent with its quality and the laws of the estate: Provided,
That in no instance may the disposition of the regulated product be ordered by the court
without first giving the claimant an opportunity to apply to the court forr its release or for
permission to process or relabel the regulated product to bring it into compliance with this
article.

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