Wis. Admin. Code Department of Agriculture, Trade and Consumer Protection ATCP 40.58 - Stop sale and holding orders
(1) STOP SALE
ORDER. The department may issue a written order prohibiting the distribution or
movement of a product if the department finds that the product is distributed
in violation of s.
94.64 or
94.65,
Stats., or this chapter. No person may distribute or move a product in
violation of the department's order.
Note: See ss. 94.64(11) (a) and (b) and 94.65(10) (b), Stats.
(2) TEMPORARY HOLDING ORDER.
(a) The department may issue a written
holding order, temporarily prohibiting the distribution or movement of a
product, if the department has reason to believe that the product is
distributed in violation of s.
94.64 or
94.65,
Stats., or this chapter. The department may issue a temporary holding order
pending further examination or analysis to determine whether there is a
violation of s.
94.64 or
94.65,
Stats., or this chapter. No person may distribute or move a product in
violation of a temporary holding order.
Note: See ss. 94.64(11) (b) and 94.65(10) (a), Stats.
(b) A temporary holding order on a fertilizer
remains in effect for 15 days unless the department extends or withdraws the
order. The department may extend the temporary holding order for up to 15 days
to complete sampling, analysis and evaluation of the fertilizer and its
labeling.
(c) A temporary holding
order on a soil or plant additive or a fertilizer-additive combination remains
in effect for 60 days unless the department withdraws the order.
(3) SERVING AN ORDER. The
department shall serve an order under sub. (1) or (2) by delivering or mailing
a copy to the owner or custodian of the product, or by posting a copy in a
conspicuous place on or near the product.
(4) RELEASING AN ORDER. The department may
release an order if any of the following apply:
(a) The department finds that the violation
has been corrected.
(b) The
department determines, upon further investigation, that there is no
violation.
(c) The department
determines that the order is not necessary or appropriate, or is no longer
necessary or appropriate.
Notes
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