Section 280.095

Title XVII AGRICULTURE AND ANIMALS

Chapter 280

Effective - 01 Jan 1985, 2 histories, see footnote   (history) 

  280.095.  Stop-sale — stop-use — removal orders — hearing — seizure — condemnation. — 1.  The director or his authorized agent is authorized to issue and enforce written or printed "stop sale" orders to the owner or custodian of any treated timber and to hold those timber products at a designated place when the director or his authorized agent finds treated timber being offered for sale in violation of any provision of this chapter or rules promulgated pursuant thereto.

  2.   The owner or custodian of the treated timber subject to the "stop sale" order may require, and upon request shall be granted, a hearing in the circuit court of the city or county in which the products are located to determine whether probable cause exists that the statutes or regulations have been violated.  The hearing shall be granted within three working days of the day of receipt by the court of the request for a hearing.  The director or his agent shall, at the time of the seizure, notify in writing the custodian of the seized treated timber of the right to a hearing.  If the custodian is not the owner of the treated timber, the director or his agent shall make reasonable efforts to notify the person holding title to the property, as owner, of the seizure and of his right to a hearing.

  3.   The "stop sale" order shall be effective until the law has been complied with and the treated timber has been released, in writing, by the director, or the violations have been otherwise legally disposed of by written authority.  When the requirements of this chapter and rules promulgated hereto have been complied with, the director shall release the treated timber.  If compliance is not obtained within thirty days, the director may begin, or upon request of the owner or custodian shall begin, proceedings for condemnation.

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(L. 1979 S.B. 36, A.L. 1984 H.B. 863)

Effective 1-01-85