§ 2-16-414 - Hearing on stop-sale, etc., order. - Arkansas Statutes

2-16-414. Hearing on stop-sale, etc., order.

(a) (1) After service of a stop-sale, use, or removal order is made upon any person, either that person, the registrant, or the State Plant Board may file an action in a court of competent jurisdiction in the county in which a violation of this subchapter or regulations adopted hereunder is alleged to have occurred for an adjudication of the alleged violation.

(2) The court in the action may issue temporary or permanent injunctions, mandatory or restraining orders, and such intermediate orders as it deems necessary or advisable.

(3) The court may order condemnation of any pesticide or device which does not meet the requirements of this subchapter or regulations adopted hereunder.

(b) (1) If the pesticide or device is condemned, it shall, after entry of decree, be disposed of by destruction or sale as the court directs.

(2) If the pesticide or device is sold, the proceeds, less costs including legal costs, shall be paid to the State Treasury as provided in 2-16-419.

(3) The pesticide or device shall not be sold contrary to the provisions of this subchapter or regulations adopted hereunder.

(4) Upon payment of costs and execution and delivery of a good and sufficient bond conditioned that the pesticide or device shall not be disposed of unlawfully, the court may direct that the pesticide or device be delivered to its owner for relabeling, reprocessing, removing from the state, or otherwise bringing the product into compliance.

(c) When a decree of condemnation is entered against the pesticide or device, court costs, fees, storage, and other proper expenses shall be awarded against the person, if any, appearing as claimant of the pesticide.

(d) No state court shall allow the recovery of damages from administrative action taken or for stop-sale, use, or removal if the court finds that there was probable cause for such action.