7 USC 136k - Stop sale, use, removal, and seizure

U.S Code last checked for updates: Nov 26, 2024

§ 136k.

Stop sale, use, removal, and seizure

(a)

Stop sale, etc., orders

(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

(d)

Court costs, etc.

(June 25, 1947, ch. 125, § 13, as added Pub. L. 92–516, § 2, Oct. 21, 1972, 86 Stat. 991; amended Pub. L. 100–532, title VIII, § 801(h), Oct. 25, 1988, 102 Stat. 2682.)

cite as: 7 USC 136k