§ 23-19. Disposition of agricultural commodities.

(a)

If for any reason the commodity cannot be released to the rightful owner within forty-eight (48) hours after coming into the custody of the agricultural commissioner, or for any shorter period of time that the commissioner deems necessary in the case of perishable commodities, the commissioner may sell the commodity by public auction or any private sale at fair market value to a commercial packer of the commodity. Prior to any such sale the commissioner shall determine that the sale of the commodity will not impair the prosecution of any person who is or may be charged with a crime related to the commodity.

(b)

All of the proceeds derived from the sale of the commodity shall be held by the commissioner for a period of not less than six (6) months, during which time the lawful owner of the commodity may submit satisfactory proof of ownership and obtain possession of the proceeds. The commissioner may require the payment by the owner of an amount sufficient to cover the costs incurred for the storage and sale of the commodity, in an amount not to exceed the value of the commodity. If, after retention of the proceeds for a period of at least six (6) months, no demand is made or if proof of ownership is not supplied, the commissioner shall deposit the proceeds of the sale of the commodity in the general fund of the County.

(c)

If any seized commodity remains unsold after being offered for sale pursuant to this section, the commissioner may donate the commodity to a nonprofit organization.

(d)

If the commodity is unfit for human consumption, the commissioner may destroy it.

(Ord. No. 3287, § 1, 9-24-96; Ord. No. 4086, § 6, 9-9-14)