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This entry was published on 2014-09-22
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SECTION 33-1501
Pesticides which may be seized
Environmental Conservation (ENV) CHAPTER 43-B, ARTICLE 33, TITLE 15
§ 33-1501. Pesticides which may be seized.

1. Any pesticide that is distributed, sold, offered for sale or used
within this state or delivered for transportation or transported in
intrastate commerce or between points within this state through any
point outside this state may be seized for confiscation or be made the
subject of a stop-use order:

a. If it is adulterated or misbranded, or if it has not been
registered as required under this article;

b. If it fails to bear on its label the information required by this
article;

c. If it is a white powder pesticide and is not colored as required
under this article;

d. If a permit required by this article has not been issued in respect
to such pesticide; or

e. If there is probable cause to believe a pesticide is being used in
violation of any provision of this article, title three of article
fifteen of this chapter or rules or regulations promulgated pursuant to
any such provision.

2. Whenever the commissioner or his duly authorized representative
shall find distributed, sold, exposed or offered for sale within this
state any pesticide which is adulterated or misbranded as defined in
this article, or which fails to bear on its label the information
required by this article, or which is not colored or registered as
required under this article, or for which a permit has not been issued
for its sale, offer for sale, purchase, possession or use as required by
this article, he may seize or destroy such pesticide.

3. Whenever the commissioner finds, or has probable cause to believe,
that a pesticide is being used in violation of any provision of this
article, title three of article fifteen of this chapter, or rules and
regulations promulgated pursuant thereto, the commissioner may issue a
stop-use order requiring the user of the pesticide immediately to cease
using such pesticide and immediately to remove such pesticide to the
specified location. Within thirty days of the issuance of a stop-use
order, the commissioner shall either rescind the stop-use order or
commence a proceeding to seize and destroy such pesticides.