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U.S. Code as of:
01/03/05
Section 136k. Stop sale, use, removal, and seizure
(a) Stop sale, etc., orders
Whenever any pesticide or device is found by the Administrator in
any State and there is reason to believe on the basis of inspection
or tests that such pesticide or device is in violation of any of
the provisions of this subchapter, or that such pesticide or device
has been or is intended to be distributed or sold in violation of
any such provisions, or when the registration of the pesticide has
been canceled by a final order or has been suspended, the
Administrator may issue a written or printed "stop sale, use, or
removal" order to any person who owns, controls, or has custody of
such pesticide or device, and after receipt of such order no person
shall sell, use, or remove the pesticide or device described in the
order except in accordance with the provisions of the order.
(b) Seizure
Any pesticide or device that is being transported or, having been
transported, remains unsold or in original unbroken packages, or
that is sold or offered for sale in any State, or that is imported
from a foreign country, shall be liable to be proceeded against in
any district court in the district where it is found and seized for
confiscation by a process in rem for condemnation if -
(1) in the case of a pesticide -
(A) it is adulterated or misbranded;
(B) it is not registered pursuant to the provisions of
section 136a of this title;
(C) its labeling fails to bear the information required by
this subchapter;
(D) it is not colored or discolored and such coloring or
discoloring is required under this subchapter; or
(E) any of the claims made for it or any of the directions
for its use differ in substance from the representations made
in connection with its registration;
(2) in the case of a device, it is misbranded; or
(3) in the case of a pesticide or device, when used in
accordance with the requirements imposed under this subchapter
and as directed by the labeling, it nevertheless causes
unreasonable adverse effects on the environment.
In the case of a plant regulator, defoliant, or desiccant, used in
accordance with the label claims and recommendations, physical or
physiological effects on plants or parts thereof shall not be
deemed to be injury, when such effects are the purpose for which
the plant regulator, defoliant, or desiccant was applied.
(c) Disposition after condemnation
If the pesticide or device is condemned it shall, after entry of
the decree, be disposed of by destruction or sale as the court may
direct and the proceeds, if sold, less the court costs, shall be
paid into the Treasury of the United States, but the pesticide or
device shall not be sold contrary to the provisions of this
subchapter or the laws of the jurisdiction in which it is sold. On
payment of the costs of the condemnation proceedings and the
execution and delivery of a good and sufficient bond conditioned
that the pesticide or device shall not be sold or otherwise
disposed of contrary to the provisions of the subchapter or the
laws of any jurisdiction in which sold, the court may direct that
such pesticide or device be delivered to the owner thereof. The
proceedings of such condemnation cases shall conform, as near as
may be to the proceedings in admiralty, except that either party
may demand trial by jury of any issue of fact joined in any case,
and all such proceedings shall be at the suit of and in the name of
the United States.
(d) Court costs, etc.
When a decree of condemnation is entered against the pesticide or
device, court costs and fees, storage, and other proper expenses
shall be awarded against the person, if any, intervening as
claimant of the pesticide or device.
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