3 Pa. Stat. § 111.31

Current through P.A. Acts 2023-32
Section 111.31 - Judicial action after "stop sale, use, or removal" order
(a) After service of a "stop sale, use, or removal" order is made upon any person, either that person, the registrant, or the secretary may file an action in a court of competent jurisdiction for an adjudication of the alleged violation. The court in such action may issue temporary or permanent injunctions and such intermediate orders as it deems necessary or advisable. The court may order condemnation of any pesticide or device which does not meet the requirements of this act or regulations adopted thereunder.
(b) If the pesticide or device is condemned, it shall, after entry of decree, be disposed of by destruction or sale as the court directs, and if such pesticide or device is sold, the proceeds, less costs including legal costs, shall be paid to the State Treasury as provided in section 38 of this act: Provided, That the pesticide or device shall not be sold contrary to the provisions of this act or regulations adopted thereunder. 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 the owner thereof for relabeling, reprocessing, or otherwise bringing the product into compliance or withdrawal of product from the Commonwealth.
(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.

3 P.S. § 111.31

1974, March 1, P.L. 90, No. 24, § 11, effective 2/1/1978. Affected 1978, April 28, P.L. 202, No. 53, § 2(a) [1465], effective 6/27/1978.