2023 Laws of Puerto Rico › TITLE FIVE - Agriculture (§§ 1 — 4706) › Chapter 29 - Livestock Disease Control (§§ 641 — 838d) › Subchapter VI - Fowl and Hatching Eggs (§§ 811 — 815g) › § 815f - Detention order

Whenever an inspector shall detect noncompliance with the provisions of §§ 815—815g of this title or with any standard or regulation established hereunder by the Secretary with regard to fowl and hatching eggs, he may issue against said fowl or hatching eggs a written detention order, signed by said inspector, indicating the provision of the act or regulation violated, copy of which shall be delivered to the owner and/or the person having the same in his possession or custody, and it shall be the duty of the latter to keep the fowl or hatching eggs under his custody, without use or consumption and out of normal trade, at the place where such fowl and hatching eggs have been detained, if adequate, or at such other place as the Secretary or his authorized representative may designate in writing, until the Secretary or his authorized representative shall lift the detention order in writing and authorize the disposition thereof after the violation committed has been cured, if curable. Any person who without a written authorization from the Secretary or his authorized representative shall dispose of, or fail to keep in his possession or custody, the fowl or hatching eggs which have been the object of a detention order issued under this section, at the place where such fowl or hatching eggs have been detained, or at such other adequate place designated in writing by the Secretary or his authorized representative, shall be guilty of a misdemeanor, and upon conviction thereof, punished by a fine of not less than two hundred dollars ($200) nor more than five hundred dollars ($500). Although the fine herein prescribed shall be the one applicable to said offense, and not the fines prescribed in § 815g of this title, the fowl or hatching eggs the object of a disobeyed detention order shall be subject to confiscation as provided in § 815g of this title.
The Commonwealth shall not be liable for any deterioration or damage sustained by the fowl or hatching eggs during the effectiveness of a detention order.
In case of fowl and hatching eggs introduced into the Commonwealth of Puerto Rico, when it is not feasible or convenient to the importer to comply with the corresponding standard or regulation, said fowl or eggs shall, at the option of the importer, and at his expense, be returned to their point of origin or destroyed; Provided, That whenever an infectious and/or contagious disease of fowl, or a disease communicable to the fowl through the hatching eggs, exists in the Commonwealth of Puerto Rico, or in the state, territory or district of the United States, or country from where the fowl or hatching eggs originate, that may result in the introduction or dissemination of such disease in the Commonwealth of Puerto Rico, the Secretary shall determine the action to be taken with respect thereto, including destruction. Except in the cases to which the foregoing Proviso refers, the owner of the property so detained and/or the person having it in his possession or custody may contest the detention order within fifteen (15) days following the date on which he has received a copy thereof, through complaint against the Commonwealth of Puerto Rico filed in the corresponding part of the Court of First Instance of Puerto Rico, without the posting of a bond, which complaint shall be notified to the Secretary of Justice, who shall file his plea thereto within the term specified for any ordinary action. The hearing shall be held without subjection to docket and against the judgment rendered no remedy shall lie other than a certiorari before the Supreme Court, limited to issues of law.
In the cases where the Secretary has unduly seized or destroyed fowl or hatching eggs because there exists risk or danger to the public health or because they may introduce or disseminate any disease of fowl into the Commonwealth of Puerto Rico, the owner of the fowl may also challenge the action of the Secretary through complaint against the Commonwealth of Puerto Rico, filed in the corresponding part of the Court of First Instance of Puerto Rico, within fifteen (15) days following the date of such action of the Secretary, which complaint shall be notified to the Secretary of Justice, who shall file his plea thereto within the term specified for any ordinary action. In case the challenge prevails, the remedy therefor shall be compensation for the damages caused. In such proceedings there shall prevail the same right of review or of appeal provided for any ordinary action.
History —June 25, 1966, No. 124, p. 383, § 7; May 23, 1967, No. 49, p. 234, § 2.