Sec. 13. 7 MRSA §613, as amended by PL 1989, c. 878, Pt. E, §12, is further amended to read:

§613. Judicial action after "stop sale, use or removal" order

The following provisions govern judicial actions concerning a "stop sale, use or removal" order by the board.

1. Filing action; adjudication. After service of a "stop sale, use or removal" order is made upon any person, either that person, the registrant or the board may file an action in a court of competent jurisdiction in the district in which a the violation of this subchapter or regulations adopted thereunder is alleged to have occurred for an adjudication of the alleged violation. The court in such action may issue temporary or permanent injunctions, mandatory or restraining, and such any intermediate orders as it deems determines necessary or advisable. The court may order condemnation of any pesticide or device which that does not meet the requirements of this subchapter or regulations adopted thereunder rules adopted under this subchapter.

2. Disposition of condemned pesticide; costs and fees. If the court orders that a pesticide or device is condemned, it shall, after entry of decree, the court shall direct that the pesticide or device be disposed of by destruction or sale as the court directs, and if such.__If the pesticide or device is directed to be sold, the proceeds, less costs, including legal costs, shall must be paid to the Treasurer of State as provided in section 621, provided that the.__A pesticide or device shall may not be sold contrary to the provisions of this subchapter or regulations adopted thereunder rules adopted under this subchapter. Upon payment of costs and execution and delivery of a good and sufficient bond conditioned that the pesticide or device shall not be disposed of unlawfully, the When a decree of condemnation is entered against a pesticide or device, the court shall charge court costs, fees, storage and other proper expenses against the person, if any, appearing as claimant of the pesticide.__The court may direct that the pesticide or device be delivered to the owner thereof, upon payment of costs and execution and delivery of a good and sufficient bond conditioned on the pesticide or device not being disposed of unlawfully, for relabeling, reprocessing or otherwise bringing the product into compliance.