(a) A carcass, part of a carcass, meat, or a meat food product of livestock, or a dead, dying, disabled, or diseased livestock animal, that is being transported in intrastate commerce or held for sale after transportation in intrastate commerce may be proceeded against, seized, and condemned if the article:
(1) is or has been prepared, sold, transported, or otherwise distributed or offered or received for distribution in violation of this chapter;
(2) is capable of use as human food and is adulterated or misbranded; or
(3) is otherwise in violation of this chapter.
(b) An action against an article under this section must be on a complaint in the proper court in the county in which the article is found. To the extent possible, the law governing admiralty cases applies to a case under this section, except that:
(1) either party may demand trial by jury of an issue of fact in the case; and
(2) the proceedings must be brought by and in the name of this state.

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Terms Used In Texas Health and Safety Code 433.031

  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Person: includes corporation, organization, government or governmental subdivision or agency, business trust, estate, trust, partnership, association, and any other legal entity. See Texas Government Code 311.005
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.

(c) After entry of the decree, a condemned article shall be destroyed or sold as the court directs. If the article is sold, the proceeds, minus court costs, court fees, and storage and other proper expenses, shall be deposited in the state treasury. An article may not be sold in violation of this chapter, the Federal Meat Inspection Act (21 U.S.C. § 601 et seq.), the Federal Poultry Products Inspection Act (21 U.S.C. § 451 et seq.), or the Federal Food, Drug, and Cosmetic Act (21 U.S.C. § 301 et seq.). On execution and delivery of a good and sufficient bond conditioned that the article will not be disposed of in violation of this chapter or federal law, the court may direct the article to be delivered to its owner by the department subject to supervision as necessary to ensure compliance with applicable laws.
(d) If a decree of condemnation is entered against the article and it is released under bond or destroyed, the court shall award court costs, court fees, and storage and other proper expenses against any person intervening as claimant of the article.