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Code · BILL · 115th Congress · H.R. 6 (Placed on Calendar Senate) — To provide for opioid use disorder prevention, recovery, and treatment, and for other purposes. · Sec. 7193

Sec. 7193. Seizure

171 words·~1 min read·/bill/115/hr/6/pcs/section-7193

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Section 304(b) of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 334(b) ) is amended by striking the first sentence and inserting the following: The article, equipment, or other thing proceeded against shall be liable to seizure by process pursuant to the libel, and the procedure in cases under this section shall conform, as nearly as may be, to the procedure in admiralty rather than the procedure used for civil asset forfeiture proceedings set forth in section 983 of title 18, United States Code.
On demand of either party any issue of fact joined in any such a case brought under this section shall be tried by jury. A seizure brought under this section is not governed by Rule G of the Supplemental Rules of Admiralty or Maritime Claims and Asset Forfeiture Actions. Exigent circumstances shall be deemed to exist for all seizures brought under this section, and in such cases, the summons and arrest warrant shall be issued by the clerk of the court without court review. .
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Sec. 7193
Seizure
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