§ 136k. — Stop sale, use, removal, and seizure.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 7USC136k]
TITLE 7--AGRICULTURE
CHAPTER 6--INSECTICIDES AND ENVIRONMENTAL PESTICIDE CONTROL
SUBCHAPTER II--ENVIRONMENTAL PESTICIDE CONTROL
Sec. 136k. Stop sale, use, removal, and seizure
(a) Stop sale, etc., orders
Whenever any pesticide or device is found by the Administrator in
any State and there is reason to believe on the basis of inspection or
tests that such pesticide or device is in violation of any of the
provisions of this subchapter, or that such pesticide or device has been
or is intended to be distributed or sold in violation of any such
provisions, or when the registration of the pesticide has been canceled
by a final order or has been suspended, the Administrator may issue a
written or printed ``stop sale, use, or removal'' order to any person
who owns, controls, or has custody of such pesticide or device, and
after receipt of such order no person shall sell, use, or remove the
pesticide or device described in the order except in accordance with the
provisions of the order.
(b) Seizure
Any pesticide or device that is being transported or, having been
transported, remains unsold or in original unbroken packages, or that is
sold or offered for sale in any State, or that is imported from a
foreign country, shall be liable to be proceeded against in any district
court in the district where it is found and seized for confiscation by a
process in rem for condemnation if--
(1) in the case of a pesticide--
(A) it is adulterated or misbranded;
(B) it is not registered pursuant to the provisions of
section 136a of this title;
(C) its labeling fails to bear the information required by
this subchapter;
(D) it is not colored or discolored and such coloring or
discoloring is required under this subchapter; or
(E) any of the claims made for it or any of the directions
for its use differ in substance from the representations made in
connection with its registration;
(2) in the case of a device, it is misbranded; or
(3) in the case of a pesticide or device, when used in
accordance with the requirements imposed under this subchapter and
as directed by the labeling, it nevertheless causes unreasonable
adverse effects on the environment.
In the case of a plant regulator, defoliant, or desiccant, used in
accordance with the label claims and recommendations, physical or
physiological effects on plants or parts thereof shall not be deemed to
be injury, when such effects are the purpose for which the plant
regulator, defoliant, or desiccant was applied.
(c) Disposition after condemnation
If the pesticide or device is condemned it shall, after entry of the
decree, be disposed of by destruction or sale as the court may direct
and the proceeds, if sold, less the court costs, shall be paid into the
Treasury of the United States, but the pesticide or device shall not be
sold contrary to the provisions of this subchapter or the laws of the
jurisdiction in which it is sold. On payment of the costs of the
condemnation proceedings and the execution and delivery of a good and
sufficient bond conditioned that the pesticide or device shall not be
sold or otherwise disposed of contrary to the provisions of the
subchapter or the laws of any jurisdiction in which sold, the court may
direct that such pesticide or device be delivered to the owner thereof.
The proceedings of such condemnation cases shall conform, as near as may
be to the proceedings in admiralty, except that either party may demand
trial by jury of any issue of fact joined in any case, and all such
proceedings shall be at the suit of and in the name of the United
States.
(d) Court costs, etc.
When a decree of condemnation is entered against the pesticide or
device, court costs and fees, storage, and other proper expenses shall
be awarded against the person, if any, intervening as claimant of the
pesticide or device.
(June 25, 1947, ch. 125, Sec. 13, as added Pub. L. 92-516, Sec. 2, Oct.
21, 1972, 86 Stat. 991; amended Pub. L. 100-532, title VIII,
Sec. 801(h), Oct. 25, 1988, 102 Stat. 2682.)
Prior Provisions
A prior section 13 of act June 25, 1947, was classified to section
135k of this title prior to amendment of act June 25, 1947, by Pub. L.
92-516.
Amendments
1988--Subsec. (b). Pub. L. 100-532, Sec. 801(h)(1), directed that
sentence beginning ``In the case of'' be moved from par. (3) and become
a full measure sentence after par. (3).
Subsec. (c). Pub. L. 100-532, Sec. 801(h)(2), substituted ``sold.
On'' for ``sold: Provided, That upon''.
Effective Date of 1988 Amendment
Amendment by Pub. L. 100-532 effective on expiration of 60 days
after Oct. 25, 1988, see section 901 of Pub. L. 100-532, set out as a
note under section 136 of this title.
Effective Date
For effective date of section, see section 4 of Pub. L. 92-516, set
out as a note under section 136 of this title.
Section Referred to in Other Sections
This section is referred to in sections 136e, 136j, 136q of this
title.
