§ 106-579.10. Enforcement.
§ 106‑579.10. Enforcement.
(a) When the Commissioner finds any antifreeze being distributedin violation of any of the provisions of this Article or of any of the rulesand regulations duly promulgated and adopted under this Article by the Board,he may issue and enforce a written or printed "stop sale" or"withdrawal from distribution" order, warning the distributor not todispose of any of the lot of antifreeze in any manner until written permissionis given by the Commissioner or the court. Copies of such orders shall also besent by certified mail to the registrant and to the person whose name andaddress appears on the labeling of the antifreeze. The Commissioner shallrelease for distribution the lot of antifreeze so withdrawn when saidprovisions of this Article and applicable rules and regulations have beencomplied with. If compliance is not obtained within 30 days of the date ofnotification to the registrant and the person whose name and address appears onthe label, the Commissioner may begin proceedings for condemnation.
(b) Notwithstanding the provisions of subsection (a) of thissection, any lot of antifreeze not in compliance with said provisions andregulations shall be subject to seizure upon complaint of the Commissioner tothe district court in the county in which said antifreeze is located. In theevent the court finds said antifreeze to be in violation of this Article andits duly adopted regulations, it may then order the condemnation of saidantifreeze and the same shall be disposed of in any manner consistent with therules and regulations of the Board and the laws of the State at the expense ofthe claimants thereof, under the supervision of the Commissioner; and all courtcosts and fees, and storage and other proper expenses, shall be taxed againstthe claimant of such article or his agent; provided, however, that in noinstance shall the disposition of said antifreeze be ordered by the courtwithout first giving 30 days' notice, by certified mail at his last knownaddress, to the owner of same, if he is known to the Commissioner, and to theregistrant, if the antifreeze is registered, at the address shown on the labelor on the registration certificate, so that such persons may apply to the courtfor the release of said antifreeze or for permission to process or relabel saidantifreeze so as to bring it into compliance with this Article. When theviolation can be corrected by proper labeling, processing of the product, orother action, the court, after all costs, fees and expenses incurred by theCommissioner have been paid and a good and sufficient bond, conditioned thatsuch article shall be so corrected, has been executed, may by order direct thatsuch article be delivered to the claimant thereof for such action as necessaryto bring it into compliance with this Article and regulations under thesupervision of the Commissioner. The expense of such supervision shall be paidby the claimant. Such bond shall be returned to the claimant of the article onrepresentation to the court by the Commissioner that the antifreeze is nolonger in violation of this Article, and that the expenses of such supervisionhave been paid.
(c) A copy of the analysis made by any chemist of the Departmentof Agriculture and Consumer Services of any antifreeze certified to by himshall be administered as evidence in any court of the State on trial of anyissue involving the merits of antifreeze as defined and covered by thisArticle.
(d) When the Commissioner finds any antifreeze being distributedin violation of any of the provisions of this Article or of any of the rulesand regulations duly promulgated and adopted by the Board, he may request, andthe person whose name and address appears on the labeling or the person who isprimarily responsible for the product must promptly supply to him, thedistribution data for such product in this State, so as to assure thatviolative products are not further distributed herein and that an orderlywithdrawal from distribution may be attained where necessary to protect the publicinterest. (1949, c. 1165;1975, c. 719, s. 10; 1997‑261, s. 109.)