7 U.S. Code § 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.

Source

(June 25, 1947, ch. 125, § 13, as added Pub. L. 92–516, § 2,Oct. 21, 1972, 86 Stat. 991; amended Pub. L. 100–532, title VIII, § 801(h),Oct. 25, 1988, 102 Stat. 2682.)
Prior Provisions

A prior section 13 of act June 25, 1947, was classified to section 135k of this title prior to amendment of act June 25, 1947, by Pub. L. 92–516.
Amendments

1988—Subsec. (b). Pub. L. 100–532, § 801(h)(1), directed that sentence beginning “In the case of” be moved from par. (3) and become a full measure sentence after par. (3).
Subsec. (c). Pub. L. 100–532, § 801(h)(2), substituted “sold. On” for “sold: Provided, That upon”.
Effective Date of 1988 Amendment

Amendment by Pub. L. 100–532effective on expiration of 60 days after Oct. 25, 1988, see section 901 ofPub. L. 100–532, set out as a note under section 136 of this title.
Effective Date

For effective date of section, see section 4 ofPub. L. 92–516, set out as a note under section 136 of this title.

This is a list of parts within the Code of Federal Regulations for which this US Code section provides rulemaking authority.

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19 CFR - Customs Duties

19 CFR Part 12 - SPECIAL CLASSES OF MERCHANDISE

29 CFR - Labor

29 CFR Part 1440 - ARBITRATION OF PESTICIDE DATA DISPUTES

40 CFR - Protection of Environment

40 CFR Part 3 - CROSS-MEDIA ELECTRONIC REPORTING

40 CFR Part 9 - OMB APPROVALS UNDER THE PAPERWORK REDUCTION ACT

40 CFR Part 30 - UNIFORM ADMINISTRATIVE REQUIREMENTS FOR GRANTS AND AGREEMENTS WITH INSTITUTIONS OF HIGHER EDUCATION, HOSPITALS, AND OTHER NON-PROFIT ORGANIZATIONS

40 CFR Part 31 - UNIFORM ADMINISTRATIVE REQUIREMENTS FOR GRANTS AND COOPERATIVE AGREEMENTS TO STATE AND LOCAL GOVERNMENTS

40 CFR Part 32

40 CFR Part 34 - NEW RESTRICTIONS ON LOBBYING

40 CFR Part 35 - STATE AND LOCAL ASSISTANCE

40 CFR Part 152 - PESTICIDE REGISTRATION AND CLASSIFICATION PROCEDURES

40 CFR Part 153 - REGISTRATION POLICIES AND INTERPRETATIONS

40 CFR Part 155 - REGISTRATION STANDARDS AND REGISTRATION REVIEW

40 CFR Part 156 - LABELING REQUIREMENTS FOR PESTICIDES AND DEVICES

40 CFR Part 158 - DATA REQUIREMENTS FOR PESTICIDES

40 CFR Part 159 - STATEMENTS OF POLICIES AND INTERPRETATIONS

40 CFR Part 162 - STATE REGISTRATION OF PESTICIDE PRODUCTS

40 CFR Part 165 - PESTICIDE MANAGEMENT AND DISPOSAL

40 CFR Part 166 - EXEMPTION OF FEDERAL AND STATE AGENCIES FOR USE OF PESTICIDES UNDER EMERGENCY CONDITIONS

40 CFR Part 168 - STATEMENTS OF ENFORCEMENT POLICIES AND INTERPRETATIONS

40 CFR Part 174 - PROCEDURES AND REQUIREMENTS FOR PLANT-INCORPORATED PROTECTANTS

40 CFR Part 451 - CONCENTRATED AQUATIC ANIMAL PRODUCTION POINT SOURCE CATEGORY

 

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