206.16 CONFISCATION.
1. Any pesticide or device that is distributed, sold, or offered
for sale within this state or delivered for transportation or
transported in intrastate commerce or between points within this
state through any point outside this state shall be liable to be
proceeded against in any district court in any county of the state
where it may be found and seized for confiscation by condemnation.
a. In the case of a pesticide:
(1) If it is adulterated or misbranded.
(2) If it has not been registered under the provisions of section
206.12.
(3) If it fails to bear on its label the information required by
this chapter.
(4) If it is a white powder pesticide and is not colored as
required under this chapter.
b. In the case of a device, if it is misbranded.
2. If the article is condemned, it shall, after entry of decree,
be disposed of by destruction or sale as the court may direct and the
proceeds if such article is sold, less legal costs, shall be paid to
the state treasurer; provided, that the article shall not be sold
contrary to the provisions of this chapter; and, provided further,
that upon payment of costs and execution and delivery of a good and
sufficient bond conditioned that the article shall not be disposed of
unlawfully, the court may direct that said article be delivered to
the owner thereof for relabeling or reprocessing as the case may be.
3. When a decree of condemnation is entered against the article,
court costs and fees and storage and other proper expenses shall be
awarded against the person, if any, intervening as claimant of the
article.
4. When the secretary has reasonable cause to believe a pesticide
or device is being distributed, stored, transported, or used in
violation of any of the provisions of this chapter, or of any of the
prescribed rules under this chapter, the secretary may issue and
serve a written "stop sale, use, or removal" order upon the owner or
custodian of any such pesticide or device. If the owner or custodian
is not available for service of the order, the secretary may attach
the order to the pesticide or device and notify the registrant. The
pesticide or device shall not be sold, used, or removed until the
provisions of this chapter have been complied with and the pesticide
or device has been released in writing under conditions specified by
the secretary or the violation has been otherwise disposed of as
provided in this chapter by a court of competent jurisdiction.
Section History: Early Form
[C66, 71, 73, § 206.10; C75, 77, 79, 81, § 206.16]
Referred to in § 206.23A
206.16 CONFISCATION.
1. Any pesticide or device that is distributed, sold, or offered
for sale within this state or delivered for transportation or
transported in intrastate commerce or between points within this
state through any point outside this state shall be liable to be
proceeded against in any district court in any county of the state
where it may be found and seized for confiscation by condemnation.
a. In the case of a pesticide:
(1) If it is adulterated or misbranded.
(2) If it has not been registered under the provisions of section
206.12.
(3) If it fails to bear on its label the information required by
this chapter.
(4) If it is a white powder pesticide and is not colored as
required under this chapter.
b. In the case of a device, if it is misbranded.
2. If the article is condemned, it shall, after entry of decree,
be disposed of by destruction or sale as the court may direct and the
proceeds if such article is sold, less legal costs, shall be paid to
the state treasurer; provided, that the article shall not be sold
contrary to the provisions of this chapter; and, provided further,
that upon payment of costs and execution and delivery of a good and
sufficient bond conditioned that the article shall not be disposed of
unlawfully, the court may direct that said article be delivered to
the owner thereof for relabeling or reprocessing as the case may be.
3. When a decree of condemnation is entered against the article,
court costs and fees and storage and other proper expenses shall be
awarded against the person, if any, intervening as claimant of the
article.
4. When the secretary has reasonable cause to believe a pesticide
or device is being distributed, stored, transported, or used in
violation of any of the provisions of this chapter, or of any of the
prescribed rules under this chapter, the secretary may issue and
serve a written "stop sale, use, or removal" order upon the owner or
custodian of any such pesticide or device. If the owner or custodian
is not available for service of the order, the secretary may attach
the order to the pesticide or device and notify the registrant. The
pesticide or device shall not be sold, used, or removed until the
provisions of this chapter have been complied with and the pesticide
or device has been released in writing under conditions specified by
the secretary or the violation has been otherwise disposed of as
provided in this chapter by a court of competent jurisdiction.
Section History: Early Form
[C66, 71, 73, § 206.10; C75, 77, 79, 81, § 206.16]
Referred to in § 206.23A
206.16 CONFISCATION.
1. Any pesticide or device that is distributed, sold, or offered
for sale within this state or delivered for transportation or
transported in intrastate commerce or between points within this
state through any point outside this state shall be liable to be
proceeded against in any district court in any county of the state
where it may be found and seized for confiscation by condemnation.
a. In the case of a pesticide:
(1) If it is adulterated or misbranded.
(2) If it has not been registered under the provisions of section
206.12.
(3) If it fails to bear on its label the information required by
this chapter.
(4) If it is a white powder pesticide and is not colored as
required under this chapter.
b. In the case of a device, if it is misbranded.
2. If the article is condemned, it shall, after entry of decree,
be disposed of by destruction or sale as the court may direct and the
proceeds if such article is sold, less legal costs, shall be paid to
the state treasurer; provided, that the article shall not be sold
contrary to the provisions of this chapter; and, provided further,
that upon payment of costs and execution and delivery of a good and
sufficient bond conditioned that the article shall not be disposed of
unlawfully, the court may direct that said article be delivered to
the owner thereof for relabeling or reprocessing as the case may be.
3. When a decree of condemnation is entered against the article,
court costs and fees and storage and other proper expenses shall be
awarded against the person, if any, intervening as claimant of the
article.
4. When the secretary has reasonable cause to believe a pesticide
or device is being distributed, stored, transported, or used in
violation of any of the provisions of this chapter, or of any of the
prescribed rules under this chapter, the secretary may issue and
serve a written "stop sale, use, or removal" order upon the owner or
custodian of any such pesticide or device. If the owner or custodian
is not available for service of the order, the secretary may attach
the order to the pesticide or device and notify the registrant. The
pesticide or device shall not be sold, used, or removed until the
provisions of this chapter have been complied with and the pesticide
or device has been released in writing under conditions specified by
the secretary or the violation has been otherwise disposed of as
provided in this chapter by a court of competent jurisdiction.
Section History: Early Form
[C66, 71, 73, § 206.10; C75, 77, 79, 81, § 206.16]
Referred to in § 206.23A
