75-56-21 - "Stop sale" and "withdrawal from distribution" orders; condemnation and confiscation; evidentiary use of analysis; request for distribution data. - Mississippi Statutes

§ 75-56-21. "Stop sale" and "withdrawal from distribution" orders; condemnation and confiscation; evidentiary use of analysis; request for distribution data.
 

(1)  When the Commissioner of Agriculture and Commerce finds any antifreeze or engine coolant or prediluted antifreeze or prediluted engine coolant being distributed in violation of Section 75-56-19 of this chapter, or of any of the rules and prescribed regulations duly promulgated and adopted under this chapter, he may issue and enforce a written or printed "stop sale" or "withdrawal from distribution" order, warning the distributor not to dispose of any of the lot of antifreeze or engine coolant or prediluted antifreeze or prediluted engine coolant in any manner until written permission is given by the commissioner or the court. Copies of such orders shall also be sent by registered mail to the registrant and to the person whose name and address appears on the labeling of the antifreeze or engine coolant or prediluted antifreeze or prediluted engine coolant. The commissioner shall release for distribution the lot of antifreeze or engine coolant or prediluted antifreeze or prediluted engine coolant so withdrawn when said Section 75-56-19 and applicable rules and regulations have been complied with. If compliance is not obtained within thirty (30) days, the commissioner may begin proceedings for condemnation. 

(2)  Any lot of antifreeze or engine coolant or prediluted antifreeze or prediluted engine coolant not in compliance with such provisions and regulations shall be subject to seizure upon complaint of the commissioner to the district court in the county in which the product is located. In the event the court finds the product to be in violation of this chapter, it may then order the condemnation of the product and the product shall be disposed of in any manner consistent with the rules and regulations of the Department of Agriculture and Commerce and the laws and regulations of the federal and state governments at the expense of the claimants thereof; however, in no instance shall the disposition of the product be ordered by the court without first giving thirty (30) days' notice, by registered mail at his last known address, to the owner of same, if he is known to the commissioner and to the registrant, if the product is registered, at the address shown on the label or on the registration certificate, so that such persons may apply to the court for the release of the product or for permission to process or relabel the product so as to bring it into compliance with this chapter. 

(3)  A copy of the analysis made by the Mississippi State Chemical Laboratory of any antifreeze or engine coolant or prediluted antifreeze or prediluted engine coolant certified by the State Chemist shall be administered as evidence in any court of the state on trial of any issue involving the merits of antifreeze or engine coolant as defined and covered by this chapter. 

(4)  When the commissioner finds any antifreeze or engine coolant or prediluted antifreeze or prediluted engine coolant being distributed in violation of any of the provisions of this chapter, he may request, and the person who is primarily responsible for the product must promptly supply to him, the distribution data for such product in this state, so as to assure that violative products are not further distributed herein and that an orderly withdrawal from distribution may be attained where necessary to protect the public interest. 
 

Sources: Laws,  1978, ch. 359, § 10(1), (2); Laws, 1986, ch. 395, § 25; Laws, 1988, ch. 482, § 13; Laws,  1998, ch. 488, § 10, eff from and after July 1, 1998.