§136k Stop Sale, Use, Removal, and Seizure

Summary

The Administrator can order anyone who owns, controls, or holds a pesticide or device to stop selling, using, or moving it if inspections or tests show it likely breaks the law, is being sold illegally, or its registration has been canceled or suspended. After getting that order, the person must follow whatever the order allows. Pesticides or devices that are being moved, still in original packages and unsold, offered for sale, sold, or imported can be seized and taken to federal court if they meet certain problems. For pesticides those include being adulterated or misbranded, not registered, missing required label information, not colored when required, or having claims or directions that differ from their registration. Devices can be seized if misbranded. Also, if a product used as labeled still causes unreasonable harm to the environment it can be seized. Plant regulators, defoliants, or desiccants that cause intended plant effects are not treated as injury. If condemned, the court can order destruction or sale, with sale money (after costs) paid to the U.S. Treasury. The court may return products to an owner who pays costs and posts a bond promising to follow the law. Court costs, storage, and other proper expenses are charged to anyone who claims the item in the case.