Legislation
SECTION 71-3907
Warrants; seizure
Environmental Conservation (ENV) CHAPTER 43-B, ARTICLE 71, TITLE 39
§ 71-3907. Warrants; seizure.
Any police officer shall have authority to execute any warrant to
search for and seize any sewage system cleaners or additives sold,
distributed or offered or exposed for sale in violation of article
thirty-nine. Such cleaners or additives shall be held pending
proceedings in any court of competent jurisdiction, and upon conviction
or upon the entry of a judgment restraining the sale, distribution or
offer or exposure for sale of said cleaners or additives on the ground
that said items were sold, distributed or exposed or offered for sale in
violation of article thirty-nine, the seized items shall be forfeited
and, upon forfeiture, destroyed under the supervision of the
commissioner. Where property has been seized pursuant to the provisions
of this article from a person who was not convicted of an offense or
subject to a restraining order, a notice of the institution of a
forfeiture proceeding shall be served on that person, and the person
shall be allowed to appear and shall be given an opportunity to be heard
at the forfeiture proceeding.
Any police officer shall have authority to execute any warrant to
search for and seize any sewage system cleaners or additives sold,
distributed or offered or exposed for sale in violation of article
thirty-nine. Such cleaners or additives shall be held pending
proceedings in any court of competent jurisdiction, and upon conviction
or upon the entry of a judgment restraining the sale, distribution or
offer or exposure for sale of said cleaners or additives on the ground
that said items were sold, distributed or exposed or offered for sale in
violation of article thirty-nine, the seized items shall be forfeited
and, upon forfeiture, destroyed under the supervision of the
commissioner. Where property has been seized pursuant to the provisions
of this article from a person who was not convicted of an offense or
subject to a restraining order, a notice of the institution of a
forfeiture proceeding shall be served on that person, and the person
shall be allowed to appear and shall be given an opportunity to be heard
at the forfeiture proceeding.