217.610 Department to issue "stop sale, use or removal" order -- Appeal. The department shall issue and enforce a written or printed "stop sale, use or removal" <br>order to the owner or custodian of any lot of pesticide and to hold it at a designated place <br>when it finds said pesticide is being offered or exposed for sale in violation of the <br>provisions of KRS 217.542 to 217.630 until the law has been complied with and said <br>pesticide is released in writing or said violation has been otherwise legally disposed of by <br>written authority; provided, that the owner or custodian of such pesticide shall have the <br>right to appeal from such order to a court of competent jurisdiction in the county where <br>the said pesticide or pesticides are found, praying for a judgment as to the justification of <br>said order, and for the discharge of such pesticide from the order prohibiting the sale in <br>accordance with the findings of the court; and, provided further, that the provisions of this <br>paragraph shall not be construed as limiting the right of the enforcement officer to <br>proceed as authorized by other provisions of KRS 217.542 to 217.630. The department <br>shall release the pesticide so withdrawn when the requirements of the provisions of KRS <br>217.542 to 217.630 have been complied with and upon payment of all costs and expenses <br>incurred in connection with the withdrawal. Effective: July 15, 1980 <br>History: Amended 1980 Ky. Acts ch. 295, sec. 57, effective July 15, 1980. -- Amended 1974 Ky. Acts ch. 200, sec. 11. -- Created 1956 Ky. Acts ch. 218, sec. 9, effective <br>July 1, 1956.
217.610 Department to issue "stop sale, use or removal" order -- Appeal. The department shall issue and enforce a written or printed "stop sale, use or removal" <br>order to the owner or custodian of any lot of pesticide and to hold it at a designated place <br>when it finds said pesticide is being offered or exposed for sale in violation of the <br>provisions of KRS 217.542 to 217.630 until the law has been complied with and said <br>pesticide is released in writing or said violation has been otherwise legally disposed of by <br>written authority; provided, that the owner or custodian of such pesticide shall have the <br>right to appeal from such order to a court of competent jurisdiction in the county where <br>the said pesticide or pesticides are found, praying for a judgment as to the justification of <br>said order, and for the discharge of such pesticide from the order prohibiting the sale in <br>accordance with the findings of the court; and, provided further, that the provisions of this <br>paragraph shall not be construed as limiting the right of the enforcement officer to <br>proceed as authorized by other provisions of KRS 217.542 to 217.630. The department <br>shall release the pesticide so withdrawn when the requirements of the provisions of KRS <br>217.542 to 217.630 have been complied with and upon payment of all costs and expenses <br>incurred in connection with the withdrawal. Effective: July 15, 1980 <br>History: Amended 1980 Ky. Acts ch. 295, sec. 57, effective July 15, 1980. -- Amended 1974 Ky. Acts ch. 200, sec. 11. -- Created 1956 Ky. Acts ch. 218, sec. 9, effective <br>July 1, 1956.
217.610 Department to issue "stop sale, use or removal" order -- Appeal. The department shall issue and enforce a written or printed "stop sale, use or removal" <br>order to the owner or custodian of any lot of pesticide and to hold it at a designated place <br>when it finds said pesticide is being offered or exposed for sale in violation of the <br>provisions of KRS 217.542 to 217.630 until the law has been complied with and said <br>pesticide is released in writing or said violation has been otherwise legally disposed of by <br>written authority; provided, that the owner or custodian of such pesticide shall have the <br>right to appeal from such order to a court of competent jurisdiction in the county where <br>the said pesticide or pesticides are found, praying for a judgment as to the justification of <br>said order, and for the discharge of such pesticide from the order prohibiting the sale in <br>accordance with the findings of the court; and, provided further, that the provisions of this <br>paragraph shall not be construed as limiting the right of the enforcement officer to <br>proceed as authorized by other provisions of KRS 217.542 to 217.630. The department <br>shall release the pesticide so withdrawn when the requirements of the provisions of KRS <br>217.542 to 217.630 have been complied with and upon payment of all costs and expenses <br>incurred in connection with the withdrawal. Effective: July 15, 1980 <br>History: Amended 1980 Ky. Acts ch. 295, sec. 57, effective July 15, 1980. -- Amended 1974 Ky. Acts ch. 200, sec. 11. -- Created 1956 Ky. Acts ch. 218, sec. 9, effective <br>July 1, 1956.
