(a) “Withdrawal from distribution” orders. When the department or its authorized agent has reasonable cause to believe any lot of feed is being distributed in violation of this chapter or of any of the prescribed rules under this chapter, it may issue and enforce a written or printed “withdrawal from distribution” order, warning the distributor not to dispose of the lot of feed in any manner until written permission is given by the department or the circuit court. The department shall release the lot of feed so withdrawn when the chapter and rules have been complied with. If compliance is not obtained within thirty days, the department may begin, or upon request of the distributor or owner shall begin, proceedings for condemnation.

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Terms Used In Hawaii Revised Statutes 144-11

  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Distributor: means any person who distributes. See Hawaii Revised Statutes 144-2
  • Feed: means all edible materials consumed by animals, other than dogs, cats, or other domestic pets, that contribute energy or nutrients to the animal's diet and are distributed or imported. See Hawaii Revised Statutes 144-2
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
(b) “Condemnation and confiscation”. Any lot of feed not in compliance with the chapter and rules shall be subject to seizure on complaint of the department to a court of competent jurisdiction in the area in which the feed is located. In the event the court finds the feed to be in violation of this chapter and rules and orders the condemnation of the feed, it shall be disposed of in any manner consistent with the quality of the feed and the laws of the State; provided that in no instance shall the disposition of the feed be ordered by the court without first giving the claimant an opportunity to apply to the court for release of the feed or for permission to process or relabel the feed to bring it into compliance with this chapter.