221 



to the other courts having jurisdiction of the cases 

 covered thereby. 



(c) Availability of samples of seized goods prior to 

 trial. 



The court at any time after seizure up to a 

 reasonable time before trial shall by order allow any 

 party to a condemnation proceeding, his attorney 

 or agent, to obtain a representative sample of the 

 article seized and a true copy of the analysis, if any, 

 on which the proceeding is based and the identifying 

 marks or numbers, if any. of the packages from 

 which the samples analyzed were obtained. 



(d) Disposition of goods after decree of condemna- 

 tion; claims for remission or mitigation of for- 

 feitures. 



(1) Any food, drug, device, or cosmetic con- 

 demned 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 

 provisions of this chapter or the laws of the juris- 

 diction 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 suf- 

 ficient bond conditioned that such article shall not 

 be sold or disposed of contrary to the provisions of 

 this chapter 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 de- 

 stroyed or brought into compliance with the pro- 

 visions of this chapter 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. If the article was imported into the United 

 States and the person seeking its release establishes 

 (A) that the adulteration, misbranding, or violation 

 did not occur after the article was imported, and (B) 

 that he had no cause for believing that it was 

 adulterated, misbranded. or in violation before it 

 was released from customs custody, the court may 

 permit the article to be delivered to the owner for 

 exploration in lieu of destruction upon a showing by 

 the owner that all of the conditions of section 381(d) 

 of this title can and will be met: Provided, however. 

 That the provisions of this sentence shall not apply 

 where condemnation is based upon violation of sec- 

 tion 342(a) (1), (2). or (6). section 351(a) (3), sec- 

 tion 352(j), or section 361 (a) or (d) of this title: 

 And provided further. That where such exportation 

 is made to the original foreign supplier, then clauses 

 (1) and (2) of section 381(d) of this title and the 

 foregoing proviso shall not be applicable; and in all 

 cases of exportation the bond .shall be conditioned 

 that the article shall not be sold or disposed of until 

 the applicable conditions of section 381(d) of this 

 title have been met. Any article condemned by 

 reason of its being an article which may not. under 

 section 344 or 355 of this title, be introduced into 

 mterstate commerce, shall be disposed of by destruc- 

 tion. 



(2) The provisions of paragraph (1) of this sub- 



section shall, to the extent deemed appropriate by 

 the court, apply to any equipment or other thing 

 which is not otherwise within the scope of such para- 

 graph and which is referred to in paragraph '2) of 

 subsection lai of this section. 



(3) Whenever in any proceeding under this sec- 

 tion, involving paragraph (2) of subsection (a) of 

 this section, the condemnation of any equipment or 

 thing 'other than a drug) is decreed, the court shall 

 allow the claim of any claimani,. to the extent of 

 such claimants interest, for remission or mitigation 

 of such forfeiture if such claimant proves to the 

 satisfaction of the court (i) that he has not com- 

 mitted or caused to be committed any prohibited act 

 referred to in such paragraph i2) and has no in- 

 terest in any drug referred to therein, (ii) that he 

 has an interest in such equipment or other thing as 

 owner or lienor or otherwise, acquired by him in 

 good faith, and <m> that he at no time had any 

 knowledge or reason to believe that such equipment 

 or other thing was being or would be used in, or to 

 facilitate, the violation of laws of the United States 

 relating to counterfeit drugs. 



(e) Costs. ' 

 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) Removal of case for trial. 



In the case of removal for trial of any case as 

 "provided by subsection (a) or (b) of this section — 



(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. 



(g)(1) If during an Inspection conducted under 

 section 374 of a facility or a vehicle, a device which 

 the ofBcer or employee making the inspection has 

 reason to believe is adulterated or misbranded is 

 found in such facility or vehicle, such ofiBcer or 

 employee may order the device detained (in accord- 

 ance with regulations prescribed by the Secretary) 

 for a reasonable period which may not exceed 

 twenty days unless the Secretary determines that a 

 period which may not exceed twenty days unless 

 the Secretary determines that a period of deten- 

 tion greater than twenty days is required to insti- 

 tute an action under subsection (a) or section 1332, 

 in which case he may authorize a detention period 

 of not to exceed thirty days. Regulations of the 

 Secretary prescribed under this paragraph shall 

 require that before a device may be ordered de- 

 tained under this paragraph the Secretary or an 

 ofiacer or employee designated by the Secretary 

 approve such order. A detention order under this 

 paragraph may require the labeling or marking of 



