Winter Quarter, 2004
Syllabus

The terms embargo, seizure and condemnation refer to three specific enforcement actions in which the government, to some degree, affects the usage, possession and even ownership of a person's personal property. It might seem, therefore, that these actions stem from a very different motive than the preventive posture adopted in our discussions of the the issuance of orders and citations to stop a prohibited act or condition. In reality, however, the seizure or embargo of a product is of a preventive, rather than a punitive, nature. The purpose is not to inflict a penalty but rather to prevent the dissemination of dangerous goods in the interest of public health.

Lesson Objectives

At the completion of this lesson, you should be able to:
1. Compare and contrast the use and effect of the legal sanctions of embargo, seizure and condemnation; and,
2. Select the appropriate remedy for a given specific situation.

Lesson Assignment

1. Grad: Chapter 8 - Embargo, Seizure, Condemnation and Destruction of Articles Endan-gering Public Health, pp. 146-161.
2. Statutes & Regulations:
   ’Ä¢ FDCA ¬ß34 (21 USC 334).
   ’Ä¢ Food Service Saniation (248-84 WAC ¬ß090)
3. Required Readings:
   ’Ä¢ Reading #20 - USPHS Food Service Sanitation Manual, Chapter 10.
   ’Ä¢ Reading #23 - Adams v. Milwaukee, 228 US 572 (1913).
   ’Ä¢ Reading #24 - North American Cold Storage Co. v. City of Chicago, 211 US 306 (1908).
   ’Ä¢ Reading #25 - Provimi v. United States, 680 F.2d. 111 (1982).
4. Optional Readings:
   ’Ä¢ APHA-CDC Recommended Housing Ordinance, ¬ß¬ß16.02-16.03

Lesson Outline

1. Nature of Powers
2. Use and Effect
   1. Embargo
   2. Seizure
   3. Condemnation
3. Procedures
   1. Possession of Authority
   2. Reasonable Grounds
   3. Limits

Lecture Slides

References / Additional Readings

1. Gellhorn E, Levin RM. "Suspensions, Seizures and Recalls", Chapter 5, Section D in Administrative Law and Process in a Nutshell, West Publishing Co., 1990, pp. 174-177.
2. Toxic Substances Control Act, §17 (15 USC 2601 et. seq.).
3. McCarthy, David J., Jr., Section III.A. Licenses, Permits and Fees, Local Government Law in a Nutshell, West Publishing Co., St. Louis, 1983, pp. 146-147.
4. Israel, Jerold H. and Wayne R. Lafave, Chapter 2. Arrest, Search and Seizure, in Criminal Procedure in a Nutshell [3d Ed.], West Publishing Co., St. Louis, 1980, pp. 99- 147 and p. 166..

For Extended Degree Students Only

Key Points

Progress Assessment Exercise

Please proceed to Lesson 10. Administrative Actions