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Title XVII AGRICULTURE AND ANIMALS

Chapter 281

previous next Effective - 28 Aug 1982bottom

  281.300.  Seizure and condemnation of unlawful pesticides — director's powers and duties. — 1.  Any pesticide that is distributed, sold, offered for sale, or held for sale within this state, or which is delivered for transportation or transported in intrastate commerce or between points within this state through any point outside this state, shall be liable to be proceeded against in any circuit court in any county of this state where it may be found for purposes of confiscation and condemnation:

  (1)  If it is adultered or misbranded;

  (2)  If it has not been registered under the provisions of sections 281.210 to 281.310; or

  (3)  If it fails to bear on its label the information required by sections 281.210 to 281.310.

  2.   If the pesticide is condemned as the result of court action, it shall, after entry of decree, be disposed of by destruction, or sale, as the court may direct, and the proceeds, if such pesticide is sold, less legal costs, shall be paid to the state treasurer; provided, that, the pesticide shall not be sold contrary to the provisions of sections 281.210 to 281.310; and provided further, that upon payment of costs of execution and delivery of a good and sufficient bond conditioned upon the promise that the pesticide shall not be disposed of unlawfully, the court may direct that such pesticide be delivered to the owner thereof for relabeling or reprocessing, as the case may be.

  3.   When the director has reasonable cause to believe any pesticide is being distributed in violation of any of the provisions of sections 281.210 to 281.310, or of any of the prescribed rules promulgated pursuant to sections 281.210 to 281.310, he may issue and enforce a written or printed "stop sale, use or removal" order, warning the owner or custodian of any such pesticide or device not to dispose of the pesticide or device in any manner until written permission is given by the director or the court.  If the owner or custodian is not available for service of the order upon him, the director may attach the order to the pesticide or device and notify the owner or custodian and the registrant.  The director shall release the pesticide so withdrawn when such provisions and rules have been complied with.  If compliance is not obtained within thirty days, the director may begin or, upon request of the distributor or registrant, shall begin, proceedings for condemnation.

  4.   When a decree of condemnation is entered against the pesticide, court costs and fees and storage and other proper expenses shall be awarded against the person, if any, intervening as claimant of the pesticide.

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(L. 1955 p. 26 § 9, A.L. 1978 H.B. 1634, A.L. 1982 H.B. 1514 §§ 263.350, 263.360)


---- end of effective   28 Aug 1982 ----

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