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Code · STATUTE-COMPILATIONS · safeguard the distribution and sale of certain dangerous caustic or corrosive acids, alkalies, and other substances in interstate and foreign commerce · Sec. 4

Sec. 4. libel for condemnation proceedings

341 words·~2 min read·/statute-compilations/comps-386/sec-4

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

## Sec. 4 libel for condemnation proceedings ###
(a)Any dangerous caustic or corrosive substance in a misbranded parcel, package, or container suitable for household use shall be liable to be proceeded against in the district court of the United States for any judicial district in which the substance is found and to be seized for confiscation by a process of libel for condemnation, if such substance is being: ####
(1)Shipped in interstate or foreign commerce; or ####
(2)Held for sale or exchange after having so shipped; or ####
(3)Held for sale or exchange in any Territory or possession or in the District of Columbia. ###
(b)If such substance is condemned as misbranded by the court it shall be disposed of in the discretion of the court: ####
(1)By destruction. ####
(2)By sale. The proceeds of the sale, less legal costs and charges, shall be paid into the Treasury as miscellaneous receipts. Such substance shall not be sold in any jurisdiction contrary to the provisions of this Act or the laws of such jurisdiction, and the court may require the purchaser at any such sale to label such substance in compliance with law before the delivery thereof. ####
(3)By delivery to the owner thereof upon the payment of legal costs and charges and execution and delivery of a good and sufficient bond to the effect that such substance will not be sold or otherwise disposed of in any jurisdiction contrary to the provisions of this Act or the laws of such jurisdiction. ###
(c)Proceedings in such libel cases shall conform, as nearly as may be, to suits in rem in admiralty, except that either party may demand trial by jury on any issue of fact if the value in controversy exceeds $20. In case of a jury trial the verdict of the jury shall have the same effect as a finding of the court upon the facts. All such proceedings shall be at the suit and in the name of the United States.
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