(a) The Board may order the summary suspension of theregistration of a pesticide if it finds the suspension necessary to prevent animminent hazard to the public, a nontarget organism, or a segment of the environment.In no event shall registration of a pesticide be construed as a defense to anycharge of an offense prohibited under this Article.
(b) It shall be the duty of the Board to issue and enforce awritten or printed "stop sale, stop use, or removal" order to theowner or custodian of any lot of pesticide and for the owner or custodian tohold said lot at a designated place when the Board finds said pesticide isbeing offered or exposed for sale in violation of any of the provisions of thisArticle until the law has been complied with and said pesticide is released inwriting by the Board or said violation has been otherwise legally disposed ofby written authority. The Board shall release the pesticide so withdrawn whenthe requirements of the provisions of this Article have been complied with andupon payment of all costs and expenses incurred in connection with thewithdrawal.
The Board may issue a "stop sale, use or removal order" toprevent or stop the use of a pesticide in a manner inconsistent with itslabeling or to prevent or stop the disposal of a pesticide or a pesticidecontainer in violation of this Article or the rules of the Board adoptedthereunder.
(c) Any pesticide (or device) that is distributed, sold, oroffered for sale within this State or delivered for transportation ortransported in intrastate commerce between points within this State through anypoint outside this State shall be liable to be proceeded against in superiorcourt in any county of the State where it may be found and seized forconfiscation by process or libel for condemnation:
(1) In the case of a pesticide,
a. If it is adulterated or misbranded,
b. If it has not been registered under the provisions of G.S.143‑442, or has had its registration suspended or revoked or is thesubject of a stop sale, stop use, or removal order,
c. If it fails to bear on its label the information required bythis Part,
d. If it is a white or lightly colored pesticide and is notcolored as required under this Part.
(2) In the case of a device, if it is misbranded.
(d) If the article is condemned, it shall, after entry ofdecree, be disposed of by destruction or sale as the court may direct and theproceeds, if such article is sold, less legal costs, shall be paid to the StateTreasurer; provided that the article shall not be sold contrary to theprovisions of this Part; and provided further that upon payment of costs andexecution and delivery of a good and sufficient bond conditioned that thearticle shall not be disposed of unlawfully, the court may direct that saidarticle be delivered to the owner thereof for relabeling or reprocessing ordisposal, as the case may be.
(e) When a decree of condemnation is entered against thearticle, court costs and fees and storage and other proper expenses shall beawarded against the person, if any, intervening as claimant of the article. (1971, c. 832, s. 1; 1979, c. 448, s. 6; 1981, c. 592,s. 5; 1987, c. 559, s. 10, c. 827, s. 41.)
(a) The Board may order the summary suspension of theregistration of a pesticide if it finds the suspension necessary to prevent animminent hazard to the public, a nontarget organism, or a segment of the environment.In no event shall registration of a pesticide be construed as a defense to anycharge of an offense prohibited under this Article.
(b) It shall be the duty of the Board to issue and enforce awritten or printed "stop sale, stop use, or removal" order to theowner or custodian of any lot of pesticide and for the owner or custodian tohold said lot at a designated place when the Board finds said pesticide isbeing offered or exposed for sale in violation of any of the provisions of thisArticle until the law has been complied with and said pesticide is released inwriting by the Board or said violation has been otherwise legally disposed ofby written authority. The Board shall release the pesticide so withdrawn whenthe requirements of the provisions of this Article have been complied with andupon payment of all costs and expenses incurred in connection with thewithdrawal.
The Board may issue a "stop sale, use or removal order" toprevent or stop the use of a pesticide in a manner inconsistent with itslabeling or to prevent or stop the disposal of a pesticide or a pesticidecontainer in violation of this Article or the rules of the Board adoptedthereunder.
(c) Any pesticide (or device) that is distributed, sold, oroffered for sale within this State or delivered for transportation ortransported in intrastate commerce between points within this State through anypoint outside this State shall be liable to be proceeded against in superiorcourt in any county of the State where it may be found and seized forconfiscation by process or libel for condemnation:
(1) In the case of a pesticide,
a. If it is adulterated or misbranded,
b. If it has not been registered under the provisions of G.S.143‑442, or has had its registration suspended or revoked or is thesubject of a stop sale, stop use, or removal order,
c. If it fails to bear on its label the information required bythis Part,
d. If it is a white or lightly colored pesticide and is notcolored as required under this Part.
(2) In the case of a device, if it is misbranded.
(d) If the article is condemned, it shall, after entry ofdecree, be disposed of by destruction or sale as the court may direct and theproceeds, if such article is sold, less legal costs, shall be paid to the StateTreasurer; provided that the article shall not be sold contrary to theprovisions of this Part; and provided further that upon payment of costs andexecution and delivery of a good and sufficient bond conditioned that thearticle shall not be disposed of unlawfully, the court may direct that saidarticle be delivered to the owner thereof for relabeling or reprocessing ordisposal, as the case may be.
(e) When a decree of condemnation is entered against thearticle, court costs and fees and storage and other proper expenses shall beawarded against the person, if any, intervening as claimant of the article. (1971, c. 832, s. 1; 1979, c. 448, s. 6; 1981, c. 592,s. 5; 1987, c. 559, s. 10, c. 827, s. 41.)
(a) The Board may order the summary suspension of theregistration of a pesticide if it finds the suspension necessary to prevent animminent hazard to the public, a nontarget organism, or a segment of the environment.In no event shall registration of a pesticide be construed as a defense to anycharge of an offense prohibited under this Article.
(b) It shall be the duty of the Board to issue and enforce awritten or printed "stop sale, stop use, or removal" order to theowner or custodian of any lot of pesticide and for the owner or custodian tohold said lot at a designated place when the Board finds said pesticide isbeing offered or exposed for sale in violation of any of the provisions of thisArticle until the law has been complied with and said pesticide is released inwriting by the Board or said violation has been otherwise legally disposed ofby written authority. The Board shall release the pesticide so withdrawn whenthe requirements of the provisions of this Article have been complied with andupon payment of all costs and expenses incurred in connection with thewithdrawal.
The Board may issue a "stop sale, use or removal order" toprevent or stop the use of a pesticide in a manner inconsistent with itslabeling or to prevent or stop the disposal of a pesticide or a pesticidecontainer in violation of this Article or the rules of the Board adoptedthereunder.
(c) Any pesticide (or device) that is distributed, sold, oroffered for sale within this State or delivered for transportation ortransported in intrastate commerce between points within this State through anypoint outside this State shall be liable to be proceeded against in superiorcourt in any county of the State where it may be found and seized forconfiscation by process or libel for condemnation:
(1) In the case of a pesticide,
a. If it is adulterated or misbranded,
b. If it has not been registered under the provisions of G.S.143‑442, or has had its registration suspended or revoked or is thesubject of a stop sale, stop use, or removal order,
c. If it fails to bear on its label the information required bythis Part,
d. If it is a white or lightly colored pesticide and is notcolored as required under this Part.
(2) In the case of a device, if it is misbranded.
(d) If the article is condemned, it shall, after entry ofdecree, be disposed of by destruction or sale as the court may direct and theproceeds, if such article is sold, less legal costs, shall be paid to the StateTreasurer; provided that the article shall not be sold contrary to theprovisions of this Part; and provided further that upon payment of costs andexecution and delivery of a good and sufficient bond conditioned that thearticle shall not be disposed of unlawfully, the court may direct that saidarticle be delivered to the owner thereof for relabeling or reprocessing ordisposal, as the case may be.
(e) When a decree of condemnation is entered against thearticle, court costs and fees and storage and other proper expenses shall beawarded against the person, if any, intervening as claimant of the article. (1971, c. 832, s. 1; 1979, c. 448, s. 6; 1981, c. 592,s. 5; 1987, c. 559, s. 10, c. 827, s. 41.)
