4-14-8 - Suspension or revocation -- Grounds -- Stop sale, use, or removal order authorized -- Court action -- Procedure -- Award of costs authorized.
4-14-8. Suspension or revocation -- Grounds -- Stop sale, use, or removal orderauthorized -- Court action -- Procedure -- Award of costs authorized.
(1) The department may revoke or suspend the registration of any pesticide uponsatisfactory evidence that the registrant has used fraudulent or deceptive practices in theregistration of the pesticide or in its distribution in this state.
(2) The department may issue a "stop sale, use, or removal order" to the owner ordistributor of any designated pesticide or lot of pesticide which it finds or has reason to believe isbeing offered or exposed for sale in violation of this chapter. The order shall be in writing and nopesticide subject to it shall be moved, offered, or exposed for sale, except upon the subsequentwritten release by the department. Before a release is issued, the department may require theowner or distributor of the "stopped" pesticide or lot to pay the expense incurred by thedepartment in connection with the withdrawal of the product from the market.
(3) The department is authorized in a court of competent jurisdiction to seek an order ofseizure or condemnation of a pesticide which violates this chapter or, upon proper grounds, toobtain a temporary restraining order or permanent injunction to prevent the violation of thischapter. No bond shall be required of the department in an injunctive proceeding brought underthis section.
(4) If condemnation is ordered, the pesticide or equipment shall be disposed of as thecourt directs; provided, that in no event shall it order condemnation without giving the registrantor other person an opportunity to apply to the court for permission to relabel, reprocess, orotherwise bring the pesticide into conformance, or for permission to remove it from the state.
(5) If the court orders condemnation, court costs, fees, storage, and other costs shall beawarded against the claimant of the pesticide or equipment.
Enacted by Chapter 2, 1979 General Session