§ 23-25-22 - Judicial action after "stop sale, use, or removal" order.
SECTION 23-25-22
§ 23-25-22 Judicial action after "stopsale, use, or removal" order. – (a) After service of a "stop sale, use, or removal" order is made upon anyperson, either that person, the registrant, or the director may file an actionin a superior court in the county in which a violation of this chapter orregulations adopted under this chapter is alleged to have occurred for anadjudication of the alleged violation. The court in that action may issuetemporary or permanent injunctions, mandatory or restraining, and anyintermediate orders as it deems necessary or advisable. The court may ordercondemnation of any pesticide or device which does not meet the requirements ofthis chapter or regulations adopted under this chapter.
(b) If the pesticide or device is condemned, it shall, afterentry of decree, be disposed of by destruction or sale as the court directs andif the pesticide or device is sold, the proceeds, less costs including legalcost, shall be paid to the general treasury as provided in § 23-25-32;provided, that the pesticide or device shall not be sold contrary to theprovisions of this chapter or regulations adopted under this chapter. Uponpayment of costs and execution and delivery of a good and sufficient bondconditioned that the pesticide or device shall not be disposed of unlawfully,the court may direct that the pesticide or device be delivered to the its ownerfor relabeling, reprocessing, removal from the state, or otherwise bringing theproduct into compliance.
(c) When a decree of condemnation is entered against thepesticide or device, court costs, fees, storage, and other proper expensesshall be awarded against the person, if any, appearing as claimant of thepesticide.