- (a) All controlled beverages seized as provided in this part and the laws of the State of Arkansas in regard thereto shall be immediately turned over to the mayor, if seized within the city limits of a municipality by a law enforcement officer of such municipality, or to the county judge, if seized without the city limits of any municipality or within the city limits of any municipality by the sheriff or any state policeman or any agent of the Alcoholic Beverage Control Division, to be held by such mayor or county judge until such time as a district court of the county wherein such beverages were seized determines such beverages to be contraband and subject to sale.
(b)
- (1) Such controlled beverages shall not be considered subject to sale if, upon advice of the Department of Health, the district court determines that the controlled beverages are not fit for human consumption.
- (2) In such case, the controlled beverages shall not be sold but shall be destroyed under the supervision of an agent of the division.