§3205.  Stop order

A.  When the commissioner believes that a violation of the provisions of this Chapter or of the rules and regulations adopted under the provisions of this Chapter has occurred, the commissioner may issue a stop order prohibiting the distribution, sale, offer for sale, application, movement, or disturbance of the pesticide, pesticide wastes, or contaminated agricultural commodities or material.

B.  Any person aggrieved by a stop order may petition the commission to hold a hearing on the matter.  The hearing shall be held in accordance with the provisions of Section 3214 of this Chapter.

C.  Based on the results of the hearing, or based on a consent agreement mutually entered into by the commissioner and a violator, the commissioner may take one or more of the following actions:

(1)  Release the pesticide for sale.

(2)  Require the manufacturer or distributor to dispose of the pesticide and reimburse the purchaser.

(3)  Sell the pesticide at public auction, if the manufacturer refuses to dispose of the pesticide and reimburse the purchaser.

(4)  Destroy the pesticide.

(5)  Provide for the disposition of the pesticide wastes or contaminated agricultural commodities or materials.

Added by Acts 1982, No. 198, §1, eff. Jan. 1, 1983.