281.300. Seizure and condemnation of unlawful pesticides--director's powers and duties.
Seizure and condemnation of unlawful pesticides--director's powersand duties.
281.300. 1. Any pesticide that is distributed, sold,offered for sale, or held for sale within this state, or which isdelivered for transportation or transported in intrastatecommerce or between points within this state through any pointoutside this state, shall be liable to be proceeded against inany circuit court in any county of this state where it may befound for purposes of confiscation and condemnation:
(1) If it is adultered or misbranded;
(2) If it has not been registered under the provisions ofsections 281.210 to 281.310; or
(3) If it fails to bear on its label the informationrequired by sections 281.210 to 281.310.
2. If the pesticide is condemned as the result of courtaction, it shall, after entry of decree, be disposed of bydestruction, or sale, as the court may direct, and the proceeds,if such pesticide is sold, less legal costs, shall be paid to thestate treasurer; provided, that, the pesticide shall not be soldcontrary to the provisions of sections 281.210 to 281.310; andprovided further, that upon payment of costs of execution anddelivery of a good and sufficient bond conditioned upon thepromise that the pesticide shall not be disposed of unlawfully,the court may direct that such pesticide be delivered to theowner thereof for relabeling or reprocessing, as the case may be.
3. When the director has reasonable cause to believe anypesticide is being distributed in violation of any of theprovisions of sections 281.210 to 281.310, or of any of theprescribed rules promulgated pursuant to sections 281.210 to281.310, he may issue and enforce a written or printed "stopsale, use or removal" order, warning the owner or custodian ofany such pesticide or device not to dispose of the pesticide ordevice in any manner until written permission is given by thedirector or the court. If the owner or custodian is notavailable for service of the order upon him, the director mayattach the order to the pesticide or device and notify the owneror custodian and the registrant. The director shall release thepesticide so withdrawn when such provisions and rules have beencomplied with. If compliance is not obtained within thirty days,the director may begin or, upon request of the distributor orregistrant, shall begin, proceedings for condemnation.
4. When a decree of condemnation is entered against thepesticide, court costs and fees and storage and other properexpenses shall be awarded against the person, if any, interveningas claimant of the pesticide.
(L. 1955 p. 26 § 9, A.L. 1978 H.B. 1634, A.L. 1982 H.B. 1514 §§ 263.350, 263.360)*Transferred 1992; formerly 263.360