LD 1890
pg. 23
Page 22 of 27 PUBLIC Law Chapter 620 Page 24 of 27
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LR 2618
Item 1

 
§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.

 
3. Award of court costs and fees. When a decree of
condemnation is entered against the pesticide or device, court
costs, fees, storage and other proper expenses shall be awarded

 
against the person, if any, appearing as claimant of the
pesticide.


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