Page:United States Statutes at Large Volume 52.djvu/1086

 52 STAT.] 75TH CONG., 3D SESS.-CH. 675-JUNE 25, 1938 order shall give prompt notification thereof to the other courts having jurisdiction of the cases covered thereby. (c) The court at any time after seizure up to a reasonable time before trial shall by order allow any party to a condemnation proceed- ing, his attorney or agent, to obtain a representative sample of the article seized, and as regards fresh fruits or fresh vegetables, a true copy of the analysis on which the proceeding is based and the iden- tifying marks or numlbers, if any, of the packages from which the samples analyzed were obtained. (d) Any food, drug, device, or cosmetic condemned under this section shall, after entry of the decree, be disposed of by destruction or sale as the court may, in accordance with the provisions of this section, direct and the proceeds thereof, if sold, less the legal costs and charges, shall be paid into the Treasury of the United States; but such article shall not be sold under such decree contrary to the pro- visions of this Act or the laws of the jurisdiction in which sold: Provided, That after entry of the decree and upon the payment of the costs of such proceedings and the execution of a good and suffi- cient bond conditioned that such article shall not be sold or disposed of contrary to the provisions of this Act or the laws of any State or Territory in which sold, the court may by order direct that such article be delivered to the owner thereof to be destroyed or brought into compliance with the provisions of this Act under the supervision of an officer or employee duly designated by the Secretary, and the expenses of such supervision shall be paid by the person obtaining release of the article under bond. Any article condemned by reason of its being an article which may not, under section 404 or 505, be introduced into interstate commerce, shall be disposed of by destruction. (e) When a decree of condemnation is entered against the article, court costs and fees, and storage and other proper expenses, shall be awarded against the person, if any, intervening as claimant of the article. (f) In the case of removal for trial of any case as provided by subsection (a) or (b)- (1) The clerk of the court from which removal is made shall promptly transmit to the court in which the case is to be tried all records in the case necessary in order that such court may exercise jurisdiction. (2) The court to which such case was removed shall have the powers and be subject to the duties, for purposes of such case, which the court from which removal was made would have had, or to which such court would have been subject, if such case had not been removed. HEARING BEFORE REPORT OF CRIMINAL VIOLATION SEC. 305. Before any violation of this Act is reported by the Secre- tary to any United States attorney for institution of a criminal pro- ceeding, the person against whom such proceeding is contemplated shall be given appropriate notice and an opportunity to present his views, either orally or in writing, with regard to such contemplated proceeding. REPORT OF MINOR VIOLATIONS SEC. 306. Nothing in this Act shall be construed as requiring the Secretary to report for prosecution, or for the institution of libel or injunction proceedings, minor violations of this Act whenever he believes that the public interest will be adequately served by a suit- able written notice or warning. 1045 Party to condemna- tion proceeding allowed a representas tive sample of article seized, etc. Disposal of con- demned articles after entry of decree. Proviso. Delivery to owner if not to be sold. Destruction of des- ignated articles. Post, pp. 1048, 1052. Court costs, fees, etc. Powers and duties of court in cases of removal. Hearing before report of criminal violation. Report of minor violations.

�