4-12-7 - Suspension or revocation authorized -- Refusal to register or issue permit authorized -- Grounds -- Stop sale, use, or removal order authorized -- Court action -- Procedure -- Costs.
4-12-7. Suspension or revocation authorized -- Refusal to register or issue permitauthorized -- Grounds -- Stop sale, use, or removal order authorized -- Court action --Procedure -- Costs.
(1) The department may suspend or revoke the registration or permit, respectively, of anybrand name of commercial feed or customer-formula feed, or refuse to register or issue a permitfor any brand name or product of commercial feed, upon satisfactory evidence that the registrantor permittee has used fraudulent or deceptive practices in the registration of a commercial feed orin the issuance of a permit, or in its distribution in this state.
(2) The department may issue a "stop sale, use, or removal order" to the distributor orowner of any designated commercial feed or lot of commercial feed which it finds or has reasonto believe is misbranded, adulterated, or is otherwise in violation of this chapter. The order shallbe in writing and no commercial feed subject to it shall be moved, offered, or exposed for sale,except upon subsequent written release by the department. Before a release is issued, thedepartment may require the distributor or owner of the "stopped" commercial feed or lot to paythe expense incurred by the department in connection with the withdrawal of the product from themarket.
(3) The department is authorized in a court of competent jurisdiction to seek an order ofseizure or condemnation of a commercial feed which violates this chapter or, upon propergrounds, to obtain a temporary restraining order or permanent injunction to prevent the violationof this chapter. No bond shall be required of the department in an injunctive proceeding broughtunder this section.
(4) If condemnation is ordered, the commercial feed shall be disposed of as the courtdirects; provided, that in no event shall it order condemnation without giving the registrant orother person an opportunity to apply to the court for permission to relabel, reprocess, or otherwisebring the commercial feed 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 commercial feed.
Enacted by Chapter 2, 1979 General Session