A. When the Commissioner has reason to believe that a pesticide is being offered for sale or use or is being used in violation of any of the provisions 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 or custodian of the lot of pesticide and shall require him to hold the pesticide at a designated place until this chapter has been complied with and the pesticide is released in writing by the Commissioner or the violation is otherwise legally disposed of by written authority. The owner or custodian of such pesticide shall have the right to administrative and judicial review of such order in accordance with the provisions of the Administrative Process Act (§ 2.2-4000 et seq.). The provisions of this section shall not be construed as limiting the right of the enforcement officer to proceed as authorized by other provisions of this chapter. The Commissioner shall release the pesticide when the requirements of the provisions of this chapter have been complied with and upon payment of all costs and expenses incurred in connection with the withdrawal.
B. When the Commissioner has reason to believe that any pesticide is being offered for sale or use or is being used in violation of any of the provisions of this chapter by a person, he shall issue and enforce a written or printed "stop-use" order until the Pesticide Control Act has been complied with or the violation has been otherwise legally disposed of by written authority. The person shall have the right to administrative and judicial review of such order in accordance with the provisions of the Administrative Process Act (§ 2.2-4000 et seq.). The provisions of this section shall not be construed as limiting the right of the enforcement officer 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.
Structure Code of Virginia
Title 3.2 - Agriculture, Animal Care, and Food
Chapter 39 - Pesticide Control
§ 3.2-3904. Powers and duties of the Board
§ 3.2-3906. Board to adopt regulations
§ 3.2-3907. Delegation of authority; exclusive authority to regulate
§ 3.2-3908. Protection of trade secrets and other information
§ 3.2-3909. Reports of pesticide accidents and incidents
§ 3.2-3910. Complaints to Commissioner or the Board
§ 3.2-3911. Damages resulting from pesticide use or application
§ 3.2-3912. Pesticide Control Fund established
§ 3.2-3913. Exclusion of medicinal and toilet preparations
§ 3.2-3914. Registration required
§ 3.2-3915. Products registered under Federal Act
§ 3.2-3916. Products registered as single pesticide
§ 3.2-3917. Change in labeling or formulas without reregistration
§ 3.2-3918. Statement to be filed by registrant
§ 3.2-3919. Each brand or grade to be registered; fees
§ 3.2-3920. Submission of complete formula
§ 3.2-3921. Requirements for registration
§ 3.2-3922. When Commissioner may refuse or cancel registration
§ 3.2-3923. When Board may refuse or cancel registration
§ 3.2-3924. Annual business license required
§ 3.2-3927. Evidence of financial responsibility required of licensed pesticide business
§ 3.2-3928. Licensing of pesticide bulk storage facilities
§ 3.2-3929. Restricted use pesticides prohibited; exceptions; training required
§ 3.2-3930. Application and certification of commercial applicators
§ 3.2-3931. Agencies or persons exempt or partially exempt
§ 3.2-3932. Application and certification of private applicators
§ 3.2-3933. Certificate renewals; late fee for delinquent renewals; reexamination
§ 3.2-3934. Reciprocal agreement
§ 3.2-3936. Sale and application of tributyltin compounds
§ 3.2-3937. Educational programs
§ 3.2-3938. Misbranded pesticides
§ 3.2-3939. Violations generally
§ 3.2-3940. Administrative violations
§ 3.2-3941. Exemptions from penalties
§ 3.2-3942. Right of entry; warrant requirements; procedure
§ 3.2-3943. Civil penalties; procedure
§ 3.2-3944. "Stop-sale or removal" orders; "stop-use" orders; judicial review
§ 3.2-3945. Seizure, condemnation, and sale