3.2-3944 - Stop-sale or removal" orders; "stop-use" orders; judicial review. - Virginia Statutes

§ 3.2-3944. "Stop-sale or removal" orders; "stop-use" orders; judicialreview.

A. When the Commissioner has reason to believe that a pesticide is beingoffered for sale or use or is being used in violation of any of theprovisions of this chapter, he shall issue and enforce a written or printed"stop sale or removal" order. The order shall be directed to the owner orcustodian of the lot of pesticide and shall require him to hold the pesticideat a designated place until this chapter has been complied with and thepesticide is released in writing by the Commissioner or the violation isotherwise legally disposed of by written authority. The owner or custodian ofsuch pesticide shall have the right to administrative and judicial review ofsuch order in accordance with the provisions of the Administrative ProcessAct (§ 2.2-4000 et seq.). The provisions of this section shall not beconstrued as limiting the right of the enforcement officer to proceed asauthorized by other provisions of this chapter. The Commissioner shallrelease the pesticide when the requirements of the provisions of this chapterhave been complied with and upon payment of all costs and expenses incurredin connection with the withdrawal.

B. When the Commissioner has reason to believe that any pesticide is beingoffered for sale or use or is being used in violation of any of theprovisions of this chapter by a person, he shall issue and enforce a writtenor printed "stop-use" order until the Pesticide Control Act has beencomplied with or the violation has been otherwise legally disposed of bywritten authority. The person shall have the right to administrative andjudicial review of such order in accordance with the provisions of theAdministrative Process Act (§ 2.2-4000 et seq.). The provisions of thissection shall not be construed as limiting the right of the enforcementofficer to proceed as authorized by other provisions of this chapter.

(Code 1950, § 3-208.46; 1966, c. 702, § 3.1-248; 1981, c. 260; 1986, c. 615;1989, c. 575, § 3.1-249.77; 1993, c. 773; 2008, c. 860.)