Section 6-214 - Disposition of fertilizer or soil conditioner found in violation of subtitle. - Maryland Statutes

§ 6-214. Disposition of fertilizer or soil conditioner found in violation of subtitle.
 

(a)  Stop-sale order - In general.- The Secretary may issue and enforce a written stop-sale order to the registrant, owner, custodian, or distributor of any fertilizer or soil conditioner that the Secretary finds is in violation of any provision of this subtitle or regulation under this subtitle, or has been found by federal or State authorities to cause unreasonable adverse effects to humans, animals, plants, or the environment. 

(b)  Stop-sale order - Duration.- The order prohibits sale or distribution of the fertilizer or soil conditioner until the Secretary: 

(1) Has evidence that the product is in compliance with the law; and 

(2) Provides a written release from the stop-sale order. 

(c)  Condemnation and confiscation.- The Secretary may petition the circuit court of the county in which the commercial fertilizer or soil conditioner is located, if the fertilizer is located there, to seize any lot of commercial fertilizer or soil conditioner not in compliance with this subtitle. If the court finds the material to be in violation of the provisions of this subtitle and orders condemnation of the commercial fertilizer or soil conditioner, the material shall be disposed of in any manner consistent with the quality of the commercial fertilizer or soil conditioner and the laws of the State. The court may not dispose of the material without first giving the claimant an opportunity to apply to the court for release of it or for permission to process or relabel it so that it complies with the provisions of this subtitle. 
 

[An. Code 1957, art. 66C, § 480; 1973, 1st Sp. Sess., ch. 6, § 1; 1978, ch. 403; 1989, ch. 369.]