MCL 289.37 Seizure of Goods; Analysis of Sample; Show Cause Hearing; Summons; Judgment; Forfeiture of Seized Goods; Appeal; Disposition of Proceeds; Duty of Prosecuting Attorney

• Library: Michigan Statutes
• Edition: 2023
• Currency: Current through Public Act 321 of the 2023 Legislative Session
• Year: 2023
• Citation: MCL 289.37

(1) The commissioner, his or her deputy, or any person by the commissioner duly appointed for that purpose, is authorized at all times to seize and take possession of any and all food and dairy products, substitutes therefor, or imitation thereof kept for sale, exposed for sale or held in possession or under the control of any person which in the opinion of the commissioner, or his or her deputy, or such person duly appointed, shall be contrary to the provisions of this act or other laws.

(2) The person so making such seizure as aforesaid, shall take from such goods as seized a sample for the purpose of analysis and shall cause the remainder thereof to be boxed and sealed and shall leave the same in the possession of the person from whom they were seized, subject to such disposition as shall hereafter be made thereof according to the provisions of this act.

(3) The person so making such seizure shall forward the sample so taken to the state analyst for analysis, who shall make an analysis of the same and shall certify the results of such analysis, which certificate shall be prima facie evidence of the fact or facts therein certified to in any court where the same may be offered in evidence.

(4) If upon such analysis, it shall appear that the food or dairy products are adulterated, substitutes, or imitations within the meaning of this act, the commissioner, or his or her deputy or any person duly authorized, may make complaint before the district or municipal court of the judicial district or municipality where such goods were seized, and the court shall issue a summons to the person from whom the goods were seized, directing him or her to appear not less than 6 nor more than 12 days from the date of the summons and show cause why the goods should not be condemned and disposed of. If the person from whom the goods were seized cannot be found, the summons shall be served upon the person then in possession of the goods. The summons shall be served at least 6 days before the time of appearance mentioned therein. If the person from whom the goods were seized cannot be found, and no one can be found in possession of the goods, and the defendants shall not appear on the return day, then the court shall proceed in the cause in the same manner provided by law where a writ of attachment is returned not personally served upon any of the defendants and none of the defendants shall appear upon the return day.