Title 2, Chapter 7, Section 71
( 2-7-71)
(a) After service of a stop sale, use, or removal order is made upon
any person, either that person, the registrant, or the Commissioner
may file an action in a court of competent jurisdiction in the
appropriate county for an adjudication of the alleged violation. The
court in such action may issue temporary or permanent injunctions,
mandatory or restraining, and such intermediate orders as it deems
necessary or advisable. The court may order condemnation of any
pesticide or device which does not meet the requirements of this
article or regulations adopted hereunder. (b) If the pesticide or device is condemned, after entry of decree it shall be disposed of by destruction or sale as the court directs; and if such pesticide or device is sold, the proceeds, less costs, including legal costs, shall be paid to the state treasury as provided in Code Section 2-7-66, provided that the pesticide or device shall not be sold contrary to this article or regulations adopted hereunder. Upon payment of costs and execution and delivery of a good and sufficient bond conditioned that the pesticide or device shall not be disposed of unlawfully, the court may direct that the pesticide or device be delivered to the owner thereof for relabeling, reprocessing, removal from the state, or otherwise bringing the product into compliance. (c) When a decree of condemnation is entered against a pesticide or
device, court costs, fees, storage, and other proper expenses shall
be awarded against the person, if any, appearing as claimant of the
pesticide. |